Protection of Vulnerable Adults from abuse which can be physical or psychological harm, neglect, sexual abuse or financial exploitation.
People who are protected by the Protection of Vulnerable Groups Scheme, PVG Scheme are:- individuals over the age of 16 who are provided with care, health, community care or welfare services (protected adults).
The Adults List holds a record of those who are considered to be unsuitable to work with ‘protected’ adults and therefore barred from regulated work.
A person who is convicted of any of the serious offences set out in the Order made under section 14 of the Protection of Vulnerable Groups (Scotland) Act 2007 will automatically be included in both the children's and adult's lists.
Once an individual becomes a member of the PVG Scheme, Disclosure Scotland will add any new vetting information to their scheme record as and when it arises, rather than simply collating information whenever a disclosure needs to be issued. Where that information suggests that the scheme member may have become unsuitable to work with children or protected adults, there will be a consideration of the case and if appropriate, the individual will be listed on one or both lists.
People who are protected by the Protection of Vulnerable Groups Scheme, PVG Scheme are:- individuals over the age of 16 who are provided with care, health, community care or welfare services (protected adults).
The Adults List holds a record of those who are considered to be unsuitable to work with ‘protected’ adults and therefore barred from regulated work.
A person who is convicted of any of the serious offences set out in the Order made under section 14 of the Protection of Vulnerable Groups (Scotland) Act 2007 will automatically be included in both the children's and adult's lists.
Once an individual becomes a member of the PVG Scheme, Disclosure Scotland will add any new vetting information to their scheme record as and when it arises, rather than simply collating information whenever a disclosure needs to be issued. Where that information suggests that the scheme member may have become unsuitable to work with children or protected adults, there will be a consideration of the case and if appropriate, the individual will be listed on one or both lists.
Key points
- If your community group or organisation has volunteers or paid staff which you consider to be undertaking regulated work, your committee or board has a legal responsibility to make sure that those people are suitable to work with vulnerable adults.
- It is an offence for an individual who is barred to undertake regulated work. It is also an offence for an employer to offer a barred individual regulated work unless they can show that they did not know and could not reasonably be expected to know that the individual was barred.
- You should appoint one person on your committee to monitor these issues. They should be responsible for ensuring your policies are up to date, clearly displayed, read and understood by your staff and volunteers. They should also know who the social work contact is in your area and have the phone numbers handy for both social work and police.
- Unlike children, all adults are not protected at all times. This means it is important to consider the circumstances very carefully to determine whether an adult is protected and the activities undertaken constitute regulated work.
- Schedule 3 of the PVG Act specifies particular positions as being within scope of regulated work. This may be because the individual is performing certain activities with protected adults, or the work is being undertaken within certain establishments where it can be assumed that people who are protected under the PVG Act will be present, or because the persons has a particular position of trust and responsibility.
- There are 3 SCENARIOS in which individuals are undertaking regulated work with protected adults:
- The service provided, or contracted to provide, by your own organisation makes the adult a protected adult and the individual performs certain activities as part of their normal duties, and contact is not incidental
- Where the work is undertaken in certain establishments,
- Where the holder has a certain position of responsibility or trust
- If your organisation has paid staff or volunteers who are carrying out regulated work, you need access to scheme records.
- An umbrella body is an organisation which has registered with Disclosure Scotland and is able to apply for Standard and Enhanced Disclosures and PVG Scheme membership for individuals, for positions which are exempt from the Rehabilitation of Offenders Act, 1974. Volunteer Scotland Disclosure Services is such a body who provide free disclosure records, guidance, advice and support to voluntary sector organisations working with children and protected adults.
Links for more information
Scottish Government
Adult support and protection
https://www.gov.scot/policies/social-care/adult-support-and-protection/
Volunteer Scotland Disclosure Services
Disclosure Services – guidance and to register to receive PVG information
https://www.volunteerscotland.net/for-organisations/disclosure-services/
Legislation
Protection of Vulnerable Groups (Scotland) Act 2007
http://www.legislation.gov.uk/asp/2007/14/contents
Scottish Government
Adult support and protection
https://www.gov.scot/policies/social-care/adult-support-and-protection/
Volunteer Scotland Disclosure Services
Disclosure Services – guidance and to register to receive PVG information
https://www.volunteerscotland.net/for-organisations/disclosure-services/
Legislation
Protection of Vulnerable Groups (Scotland) Act 2007
http://www.legislation.gov.uk/asp/2007/14/contents