PVG(Scotland) Act – Protected Adult Definition and Regulated Work with Adults
Overview
The PVG Act is about identifying those who are unsuitable to do regulated work with children and/or adults. It’s an additional tool to be used in conjunction with safe recruitment procedures. The primary obligations for compliance are on employer organisations, and on the individuals seeking regulated work(paid or unpaid).
The ‘protected adult’ definition was chosen because:
§ unlike children, not all adults are deemed in need of protection so a sub-category of adults had to be identified for the legislation to operate as intended;
§ those adults receiving services become ‘protected’ from those who are unsuitable to deliver such work;
§ it’s consistent with the approach adopted in the Safeguarding Vulnerable Groups Act 2006; and
§ it avoids identifying adults by reason of a condition, or characteristic.
Making it work
Employers are only required to determine if they provide one(or more) of the services in section 94, and then determine if their worker(s) will be doing regulated work. While it is possible that an adult may be receiving more than one service at any one time i.e. receiving dental care while in a care home, this doesn’t matter. The obligation on any employer is to comply with the Act from their employer perspective – not from the adult’s.
Consultation Questions
Q2a – Do you believe an individual should be a protected adult if they are in receipt if any health service(NHS or private)?
Yes = 51% No = 37% Don’t Know = 12%( of those who answered question)
Q2b – Are there any health services that should not be included?
Beauty/cosmetic type services, homeopathy etc. Laboratory, technical & admin staff
Q3a – Should the definition of welfare services be based upon:
1. The nature of the service provided?
2. An explicit list of prescribed services?
3. The personal characteristics of the individual receiving care?
4. An alternative proposal?
1. = 49% 2. = 7% 3. = 31% 4. = 13%(of those who answered question)
Q3b – Should the definition of welfare services be expanded to include commercial(i.e. for profit) organisations who provide services similar to those provided by the statutory and voluntary sectors?
Yes = 80% No = 2% Don’t Know = 6%( of those who answered question)
Options
Ruled out
§ amend S.94 to redefine a protected adult as ‘adults at risk’ definition within ASP
Act 2007
§ leave it to Health regulatory bodies to check practitioners & staff
§ allow adults to ‘opt-out’ of the protected adult definition
Under consideration
§ Insert clause in Regulations to clarify the protected adult status isn’t portable;
§ Welfare services – use a combination of nature of services & personal characteristics
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