DEMYSTIFYING THE DISCLOSURE PROCESS – Article No.1 – The PVG Certificate

in PVG Disclosure November 4, 2014

Disclosure Scotland is responsible for the issues of all disclosure certificates.

It is an Executive Agency of the Scottish Government operating on behalf of Scottish Ministers. They provide criminal history information to organisations and potential employers to assist them to make safer and more informed recruitment decisions.

If your employer potential employer is registered with Disclosure Scotland and has appointed an authorised signatory they should be able to assist you with the necessary forms, navigation of the process and countersign the application before sending it to Disclosure Scotland for processing.

Another option is to become an authorised signatory by applying to Disclosure Scotland, undertaking a vetting process and paying the requisite fee and annual renewals.

If your employer does not have an authorised signatory, and you do not wish to register as one then you will require the assistance of an Umbrella Body.

Umbrella bodies are registered with Disclosure Scotland specifically for this purpose and are vetted to ensure they are suitably trusted to receive the information obtained in any application. They will undertake the Authorised Signatory role, which involves checking documentation and examination of supporting identification documents. Once validated there, is a legal requirement for the form to be countersigned by them before sending it to Disclosure Scotland for processing.

Conclusion

As with everything we published on our website, if you can’t find the answers you are looking for or are unsure and would like more information, please get in touch with us.

We provide professional, helpful and free advice to all our clients and look forward to assisting you.

Often when clients contact us they are unsure of exactly what type of disclosure it is they require and how they go about getting it.

Over the next few weeks, we hope to demystify the disclosure process by explaining in layman’s terms, the different types of disclosure certificates as they apply to employers in Scotland and demystify the disclosure process.

Each week we will look at:

What are the different types of disclosure?
Who requires them?
When is it required?
What does each certificate contain?
Where can you get one?
How long does it take?
How much does it cost?

We begin the series with a guide to the PVG Certification process.

What is it?

In February 2011 the Scottish Government introduced new legislation which created the PVG Scheme to replace and improve upon the previous arrangements for people who worked with vulnerable groups i.e.: Children and protected adults.

In Scotland it meant that when the legislation came into effect on 29 October 2012 anyone undertaking ‘regulated work’ with vulnerable groups would no longer apply for an enhanced disclosure, instead as they where required to join the PVG Scheme.

There were a number of advantages from doing this: -

Firstly, the main shortcoming of the enhanced disclosure procedure was that the information was only accurate on the day it was issued.

The PVG Scheme, on the other hand is a monitored scheme. Put simply this means that all relevant details of the person (subject to the disclosure) are updated with any vetting information that is added to their record. This could be a conviction or any relevant non-conviction information held by the police that may have an impact on the work being undertaken under the scheme. Continuing to collect vetting information after a person becomes a PVG Scheme member will help to ensure that new information can be acted upon promptly

If, after careful assessment, a person is considered a risk and therefore unsuitable to work with children and / or protected adults, Disclosure Scotland will list them on one or both of the Barred Lists. This means that the person will not be able to become a PVG Scheme member. It is also an offence for a Barred Person – and for an organisation to permit that person – to undertake regulated work.

The PVG Scheme helps to ensure that anyone who has regular contact with children and protected adults through paid and unpaid work does not have a known history of harmful behaviour. members to complete a detailed application form every time a disclosure check is required. Instead they merely update the existing information.

It is also quicker and easier to use, reducing the need for PVG Scheme

It strikes a balance between proportionate protection and robust regulation and makes it easier for employers to determine who they should check to protect their client group.

Who needs it?

The scheme applies to anyone undertaking Regulated Work with Children or Protected Adults.

The PVG Act specifies particular positions as being within the scope of Regulated Work. This is because the holder has a particular position of responsibility, performs certain activities as part of their normal duties (or supervises the performance of such activities) or because 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.

The scheme applies to anyone undertaking the following types of work which are classed as Regulated Work under the Act:

· Caring for children or protected adults

· Teaching, Instructing, training or supervising children or protected adults

· Being in sole charge of children or protected adults

· Unsupervised contact with children

· Provide advice or guidance which relates to physical or emotional well-being, education or training of children or protected adults

· Moderating a public electronic interactive communication service which is intended for or mainly used by children

· Providing or working for an organisation which provides a care home service which is provided exclusively or mainly for children

· Providing, or working with an organisation which provides an independent health care service which is provided exclusively or mainly for children

· Work on any part of a day care premises where children are being looked after

· Being a host parent

· Inspecting adult care services.

When is a PVG Certificate required?

If you are not already a member of the scheme and apply for a job, which involves undertaking any of the types of work above, you will be required to join the PVG Scheme and provide proof of membership to your employer.

If you are already a member and change posts, take on additional roles, change of employer or change your name, then you will require to update your scheme record with the details.

If you previously held an enhanced disclosure before 29 October 2012 you will require to join the scheme as a new member and in any case before 29 October 2015. This process is known as Retrospective Checking.

What information does it contain?

Information regarding the applicant gathered from a variety of source and is known collectively as vetting information. Where relevant, this information will be used to decide whether a person is unsuitable for regulated work. This information will be held on an individual's scheme record and will be disclosed whenever a scheme record disclosure is requested.

The core of the vetting information is conviction information retrieved from criminal justice systems and non-conviction information held by the police that they consider being relevant to regulated work.

The information included in the disclosure will depend on the type of disclosure applied for.

Information Included	PVG Scheme Record	PVG Scheme Record Update	PVG Scheme Membership Statement
Unspent Convictions	Yes	No	No
Spent Convictions	Yes	No	No
Cautions	Yes	No	No
Membership Status	Yes	Yes	Yes
Consideration Status	Yes	Yes	Yes
Suitability Information	No	No	No
Prescribed Court Orders & Sex Offenders Notification Requirements	Yes	No	No
Sex Offenders Notification Requirements	No	No	No
Other Relevant Information	Yes	No	No
Information about last PVG Scheme Record	No	Yes	No
Information about changes to Vetting Information	No	Yes	No

Certificates are issued to the individual applicant and a copy is made available to the employer or potential employer.

In respect of secure handling and storage it is currently an offence for disclosures to be shared with a third party. Employers are not permitted to retain any paper or electronic image of the disclosure information for longer than is necessary and in any case beyond 90 days.

They must ensure that disclosure information is destroyed in a secure manner i.e. by shredding, pulping or burning. They also have to ensure that disclosure information, which is awaiting destruction, will not be kept in any insecure receptacle.

They may however, record the date of issue, the individual’s name, the disclosure type and the purpose for which it was requested, the unique reference number of the disclosure and details of the decision.

Where can you get one?

Disclosure Scotland is responsible for the issues of all disclosure certificates.

Another option is to become an authorised signatory by applying to Disclosure Scotland, undertaking a vetting process and paying the requisite fee and annual renewals.

If your employer does not have an authorised signatory, and you do not wish to register as one then you will require the assistance of an Umbrella Body.

Conclusion

As with everything we publish on our website, if you can’t find the answers you are looking for or are unsure and would like more information, please get in touch with us.

We provide professional, helpful and free advice to all our clients and look forward to assisting you.