Duty to Refer

Introduction

Under the Protection of Vulnerable Groups (Scotland) Act 2007, employers have a legal duty to refer individuals to Disclosure Scotland for PVG Scheme consideration if they meet the referral criteria.

This is for both paid and unpaid work of those eligible to join the scheme i.e both employees and volunteers.

What is a PVG Scheme referral?

Regulated work providers must make PVG referrals when they have information that suggests an individual may pose a risk to vulnerable groups. This legal requirement ensures that relevant concerns are thoroughly assessed, and appropriate actions are taken to safeguard vulnerable individuals. It is a criminal offence for an organisation to not make a referral if circumstances are meeting the criteria.

It is crucial for regulated work providers to fulfil their legal duty to protect vulnerable groups and maintain a safe environment.

PVG Referral Criteria

Organisations must make a referral if a person shows harmful behaviour and they:

• Are dismissed as a result
• Would or might have been dismissed but they left before they could be
• Are permanently moved away from work with children or protected adults

If any of these actions were taken, the organisation must make a referral to Disclosure Scotland within 3 months of making the decision.

If the organisation does not make a referral within 3 months, Disclosure Scotland will report the organisation to Police Scotland.

Harmful behaviour that must be referred.

Examples of harmful behaviour include:

• Harming a child or protected adult
• Placing a child or protected adult at risk of harm
• Inappropriate behaviour involving pornography
• Inappropriate behaviour of a sexual nature involving a child or protected adult
• Giving inappropriate medical treatment to a child or protected adult

Types of harm

There are different ways 'harm' can be defined. It's important to remember that people can cause a risk of harm without actually doing anything directly.

Examples of harm include:

• Physical harm (like inappropriate physical restraint or assault)
• Psychological harm (like emotional abuse)
• Theft (like embezzlement)

Examples of behaviour which lead to a risk of harm include:

• Attempting to harm (even if they do not succeed)
• Trying to make someone else cause harm
• Encouraging someone to self-harm
• Reckless behaviour or incompetence that may cause someone to be harmed, even if they did not mean it to