REQUIREMENTS TO BE MEMBERS OF THE PROTECTING VULNERABLE GROUPS SCHEME
Introduction
-
Various aspects of the Protecting Vulnerable Groups Scheme (“the PVG Scheme”) were amended with effect from 1 April 2025. This note considers certain aspects of the amendments with particular reference to charity trustees of charities whose purposes include the provision of benefits to children or protected adults.
-
“Child“ here means anyone under 18 and “protected adult” means anyone 18 or over who, by reason of physical or mental disability, illness, infirmity or ageing either (i) has an impaired ability to protect themself from physical or psychological harm, or (ii) requires assistance with the activities of daily living.
-
With effect from 1 April 2025 a requirement for membership of the PVG Scheme depends on whether an individual is in a “regulated role” rather than, as before, by reference to “regulated work”.
-
A failure to comply with these new rules is an offence although there is a “grace period” of three months so that from 1st July 2025 it will become an offence:
-
for anyone carrying out a regulated role to do so whilst not a member of the PVG Scheme; and
-
for organisations to offer any type of regulated role to an individual unless they have received a PVG scheme disclosure.
-
A “regulated role” in relation to children
-
A regulated role with children is a role of any description which—
(a) involves the carrying out of one or more of 31 prescribed activities; and
(b) satisfies certain conditions.
-
(a) The prescribed activities include “holding a position of responsibility in an organisation [defined as including a body corporate or unincorporated] which has as one of its main purposes the provision of benefits for or to children (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).”
-
(b) And the conditions are (primarily): “the carrying out of the activities gives the individual carrying them out … the opportunity to have contact with children.”
A “regulated role” in relation to protected adults
The rules here are similarly expressed:
- A regulated role with adults is a role of any description which—
(a) involves the carrying out of one or more of 23 prescribed activities; and
(b) satisfies certain conditions.
-
(a) The prescribed activities include “holding a position of responsibility in an organisation [defined as including a body corporate or unincorporated] which has as one of its main purposes the provision of benefits for or to protected adults (regardless of whether the organisation has an additional purpose of providing benefits for or to another group of persons).”
-
(b) And the conditions are (primarily): “the carrying out of the activities gives the individual carrying them out … the opportunity to have contact with protected adults.”
The meaning of “contact with” in each of the above situations
- “Contact with children” includes in particular “exercising power or influence over children” which, in turn, includes “making decisions of an operational or strategic nature that could have an impact on a number of children”.
-
And “contact with protected adults” includes in particular “exercising power or influence over protected adults” which, in turn, includes “making decisions of an operational or strategic nature that could have an impact on a number of protected adults”.
-
“Contact with” either children or protected adults doesn’t count if it is only “incidental” but what is “incidental” is quite narrowly prescribed and perhaps best illustrated by an example:
-
-
Paula teaches a woodwork class in a community centre in the evening. The class is aimed at anyone over the age of 16. Two members of the class are 17. While those two class members are children, the class is open to all and is attractive to a wide cross section of society. Therefore, the contact with children is not more than incidental. Paula is not carrying out a regulated role.
-
The significance for charity trustees
-
As described above, the term “contact” is widely defined as including “making decisions of an operational or strategic nature that could have an impact on a number” of children or protected adults (as the case may be).
-
So, depending on the facts, charity trustees may well be in a “regulated role” and so require to be members of the PVG Scheme.
The PVG Scheme administration
-
The PVG Scheme is administered by Disclosure Scotland https://www.disclosure.gov.scot/ which provides extensive guidance including in particular the 73 page https://www.mygov.scot/pvg-scheme-regulated-roles-guidance
Note: This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. If you would like us to advise you on any of the matters covered in this material, please contact Allyson Gilchrist: email Allyson@mitchells-roberton.co.uk