Paper 10/1

VOLUNTARY SECTOR ISSUES GROUP

The Protection of Vulnerable Groups (Scotland) Act 2007:

Update on Cross-Border Interaction

Introduction

1.The Voluntary Sector Issues Group has requested further information on connecting with the rest of the UK (cross-border issues).

2.There is a lot of ongoing work to ensure proper connection between the PVG scheme for Scotland and the scheme(s) forEngland and Walesestablished by the Safeguarding Vulnerable Groups Act (the SVG Act) and Northern Irelandestablished by the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007. This ongoing work includes detailed policy, legislative and technical design aspects all of which are necessary to meet the objectives of minimising bureaucracy and maximising protection for vulnerable groups across the UK.

3.The consultation paper of November 2007 on the Scottish vetting and barring scheme sets out the basic intentions for connecting the Scottish scheme with the rest of the UK. As set out in that paper,

“It is intended that the scheme covering Scotland will interact with the SVG scheme. The policy aspiration of all administrations is to create vetting and barring schemes that interact smoothly and effectively with one another, making them simple to use and understand for scheme members and employers while preventing any loopholes that could be exploited by those who would seek to harm children or protected adults.”

4.This paper sets out the latest developments on cross-border arrangements with regard to determining the lead for consideration cases. Work is progressing well in conjunction with the UK Government, Criminal Records Bureau and Independent Safeguarding Authority (ISA) on developing policy and guidance around scheme membership and in designing the interface that will exchange information between the two schemes. Scottish Government officials are also working closely with the ISA on the thresholds for listing.

Determining the lead forconsideration cases

5.Section 6.4 of the consultation paper proposes that a detailed protocol will determine which jurisdiction will lead on a consideration for listing case where there is a cross-border dimension. The intention is to determine the jurisdiction who should consider the case on the basis of scheme membership and the location of the incident or offence which led to the consideration. The guiding principle is that the jurisdiction with the more immediate exposure to any potential risk from the individual should apply its rules in terms of consideration for listing. The intended protocol is set out in the table overleaf.

/ continued overleaf

Scheme membership / Most likely reason / Who makes the decision whether to list
Member of the Scottish scheme only / Undertaking regulated work in Scotland (whether or not they live in Scotland). / The PVG agency will always make the decision.
Member of the SVG scheme only (i.e. subject to monitoring in England, Wales or Northern Ireland) / Undertaking regulated activity in rest of UK (even if living in Scotland). / The Independent Safeguarding Authority (ISA) will always make the decision.
Members of both schemes / Working for several different employers across the UK. / In this case, the PVG agency will lead on the case if the referral, incident or conviction originates in Scotland and the ISA will lead on the case if the referral, incident or conviction originates elsewhere in the UK.
Members of neither scheme / Not doing regulated work in Scotland or regulated activity elsewhere in the UK. / As above. Normally, these cases will be convictions for serious offences by individuals with nothing to do with working with vulnerable groups. However, there will be occasions where individuals are referred for consideration by organisations when they are not scheme members.

6.Members of the VSIG asked at thelast meeting about individuals working in Scotland who take a group of children on a trip to England and whether or not they should be a member of the SVG scheme covering the rest of the UK. This is covered at paragraph 251 of the consultation paper. In short, we are exploring with Whitehall making provision to exempt individuals from requirements to become an SVG scheme member where:

  • the individual is already a member of the Scottish scheme;
  • the regulated activities undertaken in pursuance of arrangements made by a Scottish organisation; and
  • the vulnerable groups concerned are normally resident in Scotland (e.g. Scottish schoolchildren).

Scottish Government

Safer Children, Stronger Families

28 August 2008

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