Protecting Vulnerable Groups Scheme Referrals and Considerations Kathleen McInulty, PVG Implementation Team

Up Date on Progress Head of Protection Unit appointed Development of Protection Unit underway Consultation on secondary legislation Draft of assessment framework complete Consultation with experts on assessment framework and training for staff

Secondary Legislation Protection of Vulnerable Groups (S) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 Murder of a child Any non consensual sexual penetration Same offences for both adults’ and children’s list

Secondary Legislation Protection of Vulnerable Groups (S) Act 2007 (Relevant Offences) (Modification) Order 2010 Modification – partial or minor changes to Schedule 1 only Propose to add the following where the victim is a child: Prohibition of female genital mutilation Ill treatment and wilful neglect of adult with incapacity Ill treatment and wilful neglect of mentally disordered person Trafficking

What’s new under PVG? POCSA Court referrals Organisational Referrals Regulatory Body referrals Employment Agency referrals Individual named in relevant inquiry PVG Conviction of automatic listing offence Conviction of an offence contained in Schedule 1 of the PVG Act Discretionary Court referrals Organisational referrals (criteria extended) Regulatory body referrals Employment Agency referrals Individual named in relevant inquiry Vetting Information What are the differences between Protection of Children (S) Act 2003 (POCSA) and PVG in relation to referrals and considerations? Briefly, PVG introduces duties to make referrals in relation to conduct towards protected adults. Organisational policies and procedures should reflect this in the same way that they currently should in relation to conduct towards children. The way in which criminal convictions are dealt with by the courts and Disclosure Scotland will change. Under POCSA courts have a duty and power to refer individual who have been convicted of offences and on receipt of those referrals the individual added to the DWCL. Under PVG Courts will continue to refer individual cases however, with the exception of offences which will lead to automatic listing, the decision whether to bar will now be made by Determinations Team. Under PVG the ground for referral by organisations, regulatory bodies, employment agencies and businesses is extended. One of the main benefits PVG will bring is the introduction of the ongoing monitoring of Scheme Members. So when new information e.g. a subsequent criminal conviction, comes to the attention of the Determinations Team, depending on the nature and circumstances of the information, the individual’s membership of the scheme may be reviewed. These triggers will now be explored on more detail.

Areas for consideration Individual Victims Situation / environment P.D. Scott (1997)

Some issues to consider: Do those who provide services and activities to vulnerable groups have (access to) Codes of Practice? Do they have (access to) disciplinary policies and procedures which include provision to make a referral to Scottish Ministers where the criteria is met? Are organisations maintaining records of concerns and action taken? When retrospective checking commences how will organisations manage an existing employee /volunteer who may be placed under consideration for listing as a result of vetting information? Are there cases where a retrospective referral may be appropriate?