Protection of Vulnerable Groups and Disclosure of Criminal Information: consultation report

Annex A: Summary and Observations from Consultation Events

This annex provides a brief summary of the main issues raised at the consultation events and observations made on them.

DS Led Events

Between the April and mid-July 2018, Disclosure Scotland undertook a range of PVG Review stakeholder events. These two hour sessions were open to all organisations and individuals who use disclosure or have an interest in disclosure. A wide variety of organisations attended these events, examples of these were health boards, universities and colleges, local authorities, faith organisations and organisations acting on behalf of those individuals with convictions. These sessions were designed to allow discussion over the key areas within the consultation, explain the proposals and answer any questions. The sessions covered six main topics within the PVG Review namely replacing regulated work with a list of protected roles, PVG membership length and fees, fees for Level 1 and 2 disclosures, reducing the disclosure period for spent convictions, disclosure provisions for 12 – 17 year old children and standard conditions relating to Protection Services. Below are the key points on the six topics.

Protected Roles

• Overall welcomed the introduction of this but some think this would cause more confusion so regulated work should be retained with better guidance
• Role list needs to be expanded some examples were provided
• Clear guidance will be required for organisations
• Requirement for regular updating of roles
• Establishments should include Out of School Care and Colleges
• Having an offence connected to the mandatory scheme may cause practical difficulties
• Terms such as disability and illness limiting, appropriate terminology needs to be considered in any new legislation

PVG Membership Length and Fees

• Concern of fees on low paid employees if membership length introduced
• Flexibility in having multiple renewal/payment options
• Membership Cards met with mixed opinions
• Fees should be subject to a sliding scale dependent on income
• Disadvantaged people who stayed with same employer for their career
• Mandatory scheme will cause additional administrative costs for organisations

Fees for Level 1 and 2 Disclosures

• Could cause more confusion merging unless clear guidance
• Prefer options of on line accounts for cheaper options
• Concern that some questions in consultation ‘yes / no’ and some leading and questions could not be challenged
• Support of digital system
• Not all attendees used the Police Act Disclosures and did not comment much

Reducing the Disclosure Period for Spent Convictions

• Positive view in relation to reducing disclosure periods
• Questioned as to if proposals went far enough in the reduction
• Feeling by some organisations that 11 years was still too long and should be 7-10 years in line with studies on risk of reoffending
• Not all organisations felt they had enough knowledge on the topic to offer an opinion
• Concern of fees to sheriff more supportive of Disclosure Scotland taking this in house possibly with independent reviewer

Disclosure provisions for 12 –17 year old children

• Seen as being too complex
• Upper age limit in line with other legislation
• Upper age limit should be flexible to reflect the severity of offence
• Not all organisations felt they had enough knowledge on the topic to offer an opinion
• Opportunity for applicants to write their story in relation to conviction
• The need to align with other legislation and processes e.g. Children’s Hearing System

Standard Conditions relating to Protection Services

• Overall a positive response to Disclosure Scotland providing more support
• Confusion occurring in requirements of regulators and Disclosure Scotland
• Concern that what was the effect on organisation. If Disclosure terms not achievable
• Disclosure Scotland should provide more support for those under consideration for listing e.g. care-experienced young people
• Concern about removing responsibility from employer
• Independent reviewer should have involvement in this process
• Would prefer assistance from Disclosure Scotland only if requested and should not have mandatory input

VSDS led events

Between the start of May and mid July 2018 VSDS undertook a range of PVG Review Stakeholder events. These were two hour sessions targeted at voluntary sector organisations enrolled with VSDS. They used these sessions to inform their own response to the PVG consultation. Topics covered were mandatory PVG scheme membership, protected roles, volunteer fees, replacing lifetime membership with time limited membership, QVO definition and scheme membership cards.

Mandatory PVG scheme membership

• Concern over members being removed if they do not pay fee but still in role
• Concern over offences in relation to mandatory scheme
• Timescales to start whilst waiting for PVG since could not start without
• Concern over under 16s not able to do protected roles. Negative impact on volunteering

Protected Roles

• Protected roles should be used but with regulated work as a baseline
• Role list needs to be expanded some examples were provided
• Clear guidance will be required for organisations
• Requirement for one list rather than separate sections
• Establishments should include all areas of hospitals
• Protected roles generic terms open to abuse

Volunteer fees

• Overwhelming support for fee waiver for volunteers
• Even minimal reduced fee impact on volunteering fee waiver for volunteers
• Volunteers to be members for a year and then if still volunteering join scheme

Replacing lifetime membership with time limited membership

• Not good for students
• Concern over internal resource issues of managing the scheme
• Shares over period good idea but how would this operate
• Suggestion shares have a reduced cost and percentage given back to original organisation that paid cost (for paid posts)

QVO Definition and Public Interest Test

• Should replace current definition with what a QVO is. Currently describes what a QVO is not
• Should be dependent on size and turnover of an organisation
• If a charity should be eligible for free checks. OSCR should decide this

Scheme membership cards

• Mixed views concerns over additional costs and environmental impact

In addition there was a concern over the digital way forward in that a lot of organisations do not have internet connection and a lot of volunteers are not very computer literate and may be put off volunteering.

sportscotland event

This was a bespoke PVG Review event for sportscotland with several two‑hour sessions targeted at sports bodies that attracted a wide range of organisations. Examples of sports represented were swimming, netball, football, angling, judo and karate. Topics were the same as with the Disclosure Scotland events.

Protected Roles

• The term “protected” causing confusion due to current use of the term in regulated work and so regulated work should be reformed
• Frequency of roles should be a consideration
• How would a mandatory scheme be policed
• Establishments should include other facilities such as Dance Schools
• Suggestions for additional positions supplied

PVG Membership Length and Fees

• Overwhelming support for fee waiver for volunteers
• 3 year renewal preferred option
• Membership cards met with mixed opinions with phone app rather than cards
• Clarification on what information would be shared

Fees for Level 1 and 2 Disclosures

• No strong views expressed
• Guidance to be clear when to use PVG and the Police Act Disclosures

Reducing the Disclosure Period for Spent Convictions

• Mixed views between reducing disclosure periods and status quo
• Feeling by some organisations that 11 years was still too long and should be 7-10 years in line with studies on risk of reoffending
• Not all organisations felt they had enough knowledge on the topic to offer an opinion
• Concern of fees to sheriff more supportive of Disclosure Scotland taking this in house possibly with independent reviewer

Disclosure provisions for 12–17 year old children

• Upper age limit in line with other legislation so 16 preferred options
• Upper age limit should be flexible to reflect the severity of offence
• Not all organisations felt they had enough knowledge on the topic to offer an opinion

Standard Conditions relating to Protection Services

• Overall a positive response to Disclosure Scotland providing more support
• Concern about removing responsibility from employer