Protection of Vulnerable Groups
Q: What types of PVG disclosure records are there?
A: Scheme Record, Scheme Record Update and Scheme Membership Statement (NHS Scotland do not use Scheme Member Statements).
Q: When is the Scheme Record used?
A: When an individual is being recruited for the first time, when an individual only has a Scheme Membership Statement or if a Scheme Record Update reveals there has been a change to the vetting information.
Q: Which PVG form should I complete?
A: At interview stage you will have been asked to bring a copy of your certificate if you are already a PVG Scheme member. If you supplied this then you will be asked to complete an ‘Existing PVG Scheme Member Application’ form. If you are joining the PVG Scheme you will be asked to complete an ‘Application to Join the PVG Scheme’ form.
If you are unsure if you are a PVG Scheme member you can check by phoning Disclosure Scotland on 03000 2000 40.
Q: Why am I being asked to complete a PVG form when I have completed an enhanced/standard disclosure in the past?
A: The PVG Scheme is for people doing ‘regulated work’ with children and protected adults. A PVG certificate contains all unspent and certain spent conviction information. It also contains any other non-conviction information that the police or other government bodies think is relevant.
Disclosure Scotland continually monitor PVG Scheme members’ records for vetting information including criminal convictions that may affect their suitability to work with vulnerable groups.
Q: What is regulated work?
A:There are two types of regulated work – work with children and work with protected adults; it can be paid or unpaid. Regulated work is usually jobs including:
- Caring responsibilities
- Teaching or supervising children and/or protected adults
- Providing personal services to children and/or protected adults
- Having unsupervised contact with children and/or protected adults
Q: What are the Childrens and Adults list?
A: Disclosure Scotland keeps a list of people unsuitable to do regulated work with children and a list of people unsuitable to work with protected adults. The lists are separate, although people can be on both lists.
Q: Will I be employed by NHS Scotland if I am on one of these lists?
A: If the role you are applying for is regulated work and covers the group of staff that you are barred from working with then you will not be allowed to work in the role. It is a criminal offence for someone who is listed to do regulated work in the UK with the protected groups they are listed for. It’s also a criminal offence for an organisation to employ a listed person to do that kind of regulated work.
General
Q: What information do I need to disclose on the self assessment form?
A: You must always disclose offences that are on Disclosure Scotland’s: List 1 – offences which must always be disclosed. There are also some offences which may need to be declared: List 2 – offences which are to be disclosed subject to rules. If after reading both lists your are still unsure what you should/ shouldn’t disclose you should contact Disclosure Scotland on 03000 2000 40 to discuss further.
Q: Do I need to pay for the Disclosure Scotland check?
A: No, the cost will be paid for by NHS Lothian.
Q: What if my PVG Scheme Record or Police Act Disclosure has a conviction or other information that may affect my suitability for the post I’ve applied?
A: If your PVG Scheme Record or PAD shows that there is conviction or non-conviction information, cautions or charges, you will be asked to provide further information surrounding the vetting information. If it is likely that the information affects your suitability for the post, in confidence, the information will be risk-assessed.
Q: If I have convictions, cautions or charges how do I find out about the decision to employ me or not?
A: You will receive an e-mail or letter to say that your pre-employment checks were satisfactory or unsatisfactory.
Q: I am transgender. Do I need to mention my previous gender on my application?
A: If you are transgender and applying for a disclosure you can apply using a special process. This means you only have to tell Disclosure Scotland your previous gender, you don’t have to tell the person or organisation asking for a disclosure – unless you’re happy for them to know.
You should use your present name and gender to fill out the disclosure application. You don’t have to:
- Answer ‘yes’ to the part of the form about previous surnames unless you had other names that don’t relate to your transgender status
- Disclose names that you were previously known by
- Give your Gender Recognition Certificate (GRC) to your employer
Once you have submitted your disclosure application to your prospective employer you’ll need to provide Disclosure Scotland with details of your previous names. You should send a letter to Disclosure Scotland and include:
- Your case reference number (barcode on top right side of the application)
- Your contact details
- Details of previous names
- A photocopy of a document which proves your previous names such as your birth certificate or GRC (photocopies)
Send your letter to: Vetting Operations Manager, Disclosure Scotland, PO Box 250, Glasgow, G51 1YU and mark it ‘confidential – to be opened by addressee only’. The vetting manager will let you know they have received your paperwork.
Q: The vetting information on my disclosure certificate is incorrect. What should I do?
A: You should contact Disclosure Scotland to raise a dispute on 03000 020 33 or e-mail: customerliaison@disclosurescotland.gsi.gov.uk. They deal with disputes such as your criminal record information is wrong or it relates to someone else.
Q: I haven’t received a copy of my disclosure certificate but my perspective employer has. What should do?
A: You should wait 10 days from the print date on your prospective employers certificate before contacting Disclosure Scotland but you shouldn’t wait more than 84 days after the print date. Phone Disclosure Scotland on 03000 2000 40 to confirm your delivery address. They will re-print within two days of the request.