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{{org_field_name}}

Registration Number: {{org_field_registration_no}}

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Disclosure Scotland and PVG Scheme Policy

1. Purpose

The purpose of this policy is to ensure that {{org_field_name}} complies with the legal requirements set by Disclosure Scotland and the Protecting Vulnerable Groups (PVG) Scheme to protect individuals receiving care services. This policy outlines our commitment to safe recruitment practices, ongoing monitoring, and safeguarding individuals from harm in full compliance with Care Inspectorate Scotland regulations.

Our key commitments include:

• Ensuring all staff in regulated roles are members of the PVG Scheme.
• Carrying out thorough Disclosure Scotland checks before employment.
• Maintaining robust record-keeping of staff PVG membership and updates.
• Implementing risk assessments and safeguarding measures where required.
• Complying with legal obligations related to PVG Scheme notifications and referrals.

2. Scope

This policy applies to:

• All employees in regulated roles, including care workers, supervisors, and management.
• Volunteers, agency workers, and contractors involved in delivering care services.
• Recruitment personnel, and senior managers overseeing compliance.
• External agencies, including Disclosure Scotland, the Care Inspectorate, and local authorities.

3. Legal and Regulatory Framework

This policy ensures compliance with:

• Protection of Vulnerable Groups (Scotland) Act 2007, which regulates the PVG Scheme.
• Disclosure Scotland guidance on criminal record checks and PVG updates.
• Care Inspectorate Scotland requirements for safe recruitment.
• Scottish Social Services Council (SSSC) Codes of Practice, ensuring staff suitability.
• The Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, governing disclosure of past convictions.
• The Data Protection Act 2018 and General Data Protection Regulation (GDPR), ensuring secure handling of disclosure information.

4. The PVG Scheme and Disclosure Scotland Checks

The PVG Scheme is designed to prevent unsuitable individuals from working with vulnerable adults. All regulated roles within {{org_field_name}} require PVG Scheme membership.

4.1 Types of Disclosure Checks

Depending on the role, different types of disclosure checks may be required:

• PVG Scheme Membership Check: For new applicants who have never been a member of the scheme.
• PVG Scheme Update Check: For existing PVG members to ensure no new vetting information has been added.
• Standard and Enhanced Disclosures: Used for non-regulated roles where relevant, following risk assessment.

4.2 Who Requires a PVG Check?

All employees working directly with individuals receiving care services must be PVG members, including:

• Care workers and support staff.
• Supervisors and managers overseeing regulated care.
• Volunteers engaged in regulated care activities.
• Any other role with direct, unsupervised access to vulnerable adults.

5. Recruitment and Pre-Employment Screening

5.1 Safe Recruitment Process

{{org_field_name}} ensures all new employees undergo rigorous pre-employment screening before being offered a role. This includes:

• Verifying PVG Scheme membership (or initiating a new application if required).
• Conducting interviews and reference checks for all applicants.
• Reviewing employment history to identify any unexplained gaps.
• Assessing suitability against SSSC registration requirements.

5.2 Conditional Job Offers

• No employee is permitted to commence unsupervised regulated work until their PVG check is completed and approved.
• If a PVG application is still pending, risk assessments and supervised working arrangements may be implemented.

6. Ongoing PVG Monitoring and Compliance

6.1 Continuous Monitoring of PVG Scheme Membership

• Annual PVG status checks are conducted to ensure all active staff remain eligible for regulated work.
• Updated PVG checks are carried out if there is a concern regarding an employee’s suitability.
• Staff are required to inform management of any new criminal convictions that may affect their PVG status.

6.2 Handling Vetting Information and Risk Assessments

• If a PVG check reveals new vetting information, a risk assessment is immediately conducted.
• The risk assessment considers:
  • Nature and seriousness of the offence.
  • Time elapsed since the offence.
  • Relevance to the role and potential safeguarding risks.
• Decisions regarding employment continuation are made in line with Care Inspectorate guidance and legal advice.

7. PVG Scheme Referrals and Reporting Obligations

7.1 Legal Duty to Make a Referral

Under the Protection of Vulnerable Groups (Scotland) Act 2007, {{org_field_name}} has a legal duty to refer individuals to Disclosure Scotland if they:

• Have been dismissed or removed from regulated work due to safeguarding concerns.
• Have resigned during an investigation into misconduct or safeguarding breaches.
• Have harmed or placed a vulnerable adult at risk of harm.

7.2 Reporting to the Care Inspectorate

• Any concerns relating to staff fitness to practise or safeguarding breaches must be reported to the Care Inspectorate and SSSC.
• All safeguarding incidents are recorded and reviewed in line with organisational procedures.

8. Data Protection and Confidentiality

All disclosure and PVG-related information is managed in compliance with GDPR and Data Protection Act 2018:

• Secure storage of disclosure records in confidential HR files.
• Limited access to PVG results, restricted to authorised personnel.
• Retention periods in line with legal and regulatory guidelines.
• Strict confidentiality in handling sensitive personal data.

9. Staff Training and Responsibilities

9.1 Training on PVG and Safeguarding

All employees undergo training to ensure they understand:

• The importance of PVG Scheme membership and compliance.
• How to handle safeguarding concerns and report issues.
• Their responsibilities to disclose changes in their criminal record status.
• Organisational whistleblowing procedures to raise concerns safely.

9.2 Responsibilities of Management

• Management is responsible for conducting and monitoring all PVG checks.
• Management ensures all staff remain compliant with PVG requirements.
• Supervisors provide ongoing safeguarding support and oversight.

10. Monitoring and Continuous Improvement

To maintain compliance, {{org_field_name}}:

• Conducts regular audits of PVG membership and employee records.
• Reviews and updates policies in response to legal changes.
• Seeks feedback from staff, regulatory bodies, and safeguarding teams.

11. Related Policies

This policy should be read alongside:

• Safe Recruitment and Selection Policy.
• Safeguarding and Adult Protection Policy.
• Whistleblowing Policy.
• Regulatory Compliance with the Care Inspectorate Policy.
• Training and Development Policy.

12. Policy Review

This policy will be reviewed annually or sooner if regulatory updates or operational needs require amendments.

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Responsible Person: {{org_field_registered_manager_first_name}}{{org_field_registered_manager_last_name}}
Reviewed on: {{last_update_date}}
Next Review Date: {{next_review_date}}
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