Changes to the PVG Scheme and Safeguarding Disclosure in Scotland
On 1st April 2025, changes will be made to the disclosure service in Scotland as Disclosure Scotland is working to introduce the new Disclosure (Scotland) Act 2020.
What does this mean for RDA Groups?
There is no need to panic. While there are changes, they need not adversely affect the way you currently operate, provided you study the changes and take them into account in your planning. This information will help guide.
We also encourage all groups and trustees to sign up to updates from Disclosure Scotland.
Principle changes include:
- changes to disclosure levels
- changes to Protecting Vulnerable Groups (PVG) scheme membership
- new powers for Disclosure Scotland, councils and integrated boards
The Disclosure (Scotland) Act 2020 aims to:
- focus on protecting the public, while balancing the need for people to move on from offending
- simplify the process for disclosing criminal history information
Key changes in detail
- Changes to disclosure checks
The current levels – basic, standard, enhanced and PVG Scheme will change to the following levels from the 1st April 2025:
- Level 1 disclosures will replace basic disclosures. These will show unspent convictions
- Level 2 disclosures will replace most standard disclosures. All Level 2 disclosures will show information on unspent and certain spent convictions and other relevant information held by the police.
- Level 2 with barred list check will replace most enhanced checks. Some roles will require additional checks to show if you’re barred from working with children or protected adults.
- PVG Scheme – The PVG scheme will be mandatory for people in a regulated role with children or protecting adults.
Individuals in regulated roles will need to join the PVG scheme and will now be required to keep their membership up to date.
The statement of scheme membership will be replaced by a new product called a confirmation of PVG scheme membership.
There are not fundamental changes to the levels but it is worth familiarising yourself with the new terminology and especially noting the changes to the PVG Scheme.
- Changing terminology from regulated work to regulated roles
Under the updated PVG scheme in Scotland, regulated roles replace the previous term regulated work.
In Scotland, a’ regulated role’ is a type of paid or unpaid position. When a role is regulated, it means that a person does certain activities when in contact with children and protected adults.
Regulated roles will refer to positions involving direct contact or responsibility for children and protected adults.
For RDA activity, this is anyone who:
- a) has the opportunity to have unsupervised contact with children, and
- b) those that are in a position of trust* if their decisions impact children and protected adults. For RDA groups, this includes trustees.
*A position of trust refers to a role where an individual has authority, power, or influence over vulnerable people, such as children or protected adults.
We’re working on a matrix to help determine the right background checks for different RDA roles. While this is in progress, Disclosure Scotland has released an online guidance tool to check if a role is considered regulated
- Changes to PVG scheme memberships
From 1 April 2025, PVG membership will become mandatory for all regulated roles with children and protected adults.
From 1 April 2026, lifetime PVG scheme membership will end. Instead replaced by a time-limited membership. PVG scheme membership will last 5 years before individuals need to review.
- Requirement for applicants to share their disclosure result
From 1 April 2025, applicants will have more control over their information. The disclosure process will include a requirement for applicants to share a copy of their disclosure with the accredited body that countersigned the application.
This means that the groups will not automatically get a copy of disclosure certificates, instead individuals will be required to share a copy with you.
- New Powers for Disclosure Scotland, councils and integrated boards
Whilst new legislation will give more powers to statutory bodies, it will not affect RDA Groups directly but is worth noting.
These new powers strengthen child and adult protection while ensuring fair and transparent decision-making for individuals affected by disclosure decisions, including:
- providing greater access for the bodies to access disclosure information
- improving communication between agencies, and,
- improving enforcement as the mandatory PVG membership will provide enhanced transparency for agencies to take action against an organisation or individual who are in regulated roles without PVG clearance.
Frequently Asked Questions?
Will the fee waiver remain in place for those who are volunteering with qualifying voluntary organisations?
The fee waiver will remain in place for volunteers who are volunteering for Qualifying Voluntary Organisations such as RDA.
When an external carer or contact attends from a private agency what checks and reassurances do the group need to carry out?
Carers are most likely appointed Loco Parentis, and if they aren’t directly volunteering for the group there is no legal basis or responsibility for the group to carry out a vetting check or to see information shared on a certificate.
It is good practice to get confirmation from the agency that all the relevant background checks are in place. It is also good practice to ensure your procedures guarantee that external attendees aren’t left unsupervised with children not in their care.
You should, though be mindful of any suspicious or unusual behaviour as you still have responsibility for safety and welfare of the child or protected adult.
Do a rider’s family need to have a PVG check?
As they are not volunteering for RDA, RDA has no legal responsibility to check.
It is good practice to ensure your procedures guarantee that external attendees aren’t left unsupervised with children not in their care.
You should though be mindful of any suspicious or unusual behaviour as you still have responsibility for safety and welfare of the child or protected adult.
Can volunteers bring family members along to watch them volunteering?
This is at the discretion of the group and a risk-based approach should be applied that ensures that there is a natural and supervised barrier between a participant and members of the public.
There is no legal responsibility to check these individuals but it is good practice to ensure anyone attending to watch sessions is briefed so that their behaviour and conduct doesn’t adversely impact sessions.
Can we start a volunteer in their role before their PVG check is returned?
Safer recruitment means that you can be assured as a group that sufficient checks have been performed before proceeding with a volunteer.
Whilst frustrating, this means that a volunteer must not start in their role, even on a trial basis, before you have seen the details of a valid PVG check.
Discloure Scotland are confident that with the introduction of the digital application process that disclosure checks will be quicker. N.B. Whilst Disclosure Scotland will be encouraging digital applications, paper forms will still be available.
Do I have to make sure anyone in regulated work is in the PVG Scheme immediately?
The term ‘regulated work’ has now changed to ‘regulated role,’ and anyone in a regulated role must be a member of the PVG Scheme.
From 1st April, it will be a criminal offence for someone in a regulated role not to be part of the scheme. However, there is a three-month grace period, meaning the law will be enforced from 1st July. This gives organisations time to ensure all relevant individuals are registered.
My coaches and volunteers are already in the PVG Scheme, what do I need to do?
If individuals are currently working in a position in Scotland that requires a disclosure check, then you don’t have to do anything straight away. Current disclosure checks and PVG certificates will remain valid.
Disclosure Scotland are currently working on guidance to advise how to transition individuals currently in the scheme to the new levels.
Those starting a new position in Scotland after 1st April, will need to make sure they are checked under the new system and you’ll need to make sure that anybody in a regulated role is a member of the PVG Scheme.
Is there a minimum contact time requirement for somebody to be considered in a regulated role?
A regulated role under the PVG scheme is not subject to a minimum contact time. This is described as anyone who has the opportunity to have unsupervised contact.
Therefore, any unsupervised contact is classed as a regulated role.
Why can’t I just check every volunteer with a Level 2 Barred List Check to give us peace of mind?
The Disclosure (Scotland) Act 2020 and Data Protection Act 2018 (aligned with GDPR) restrict who can request and access enhanced PVG checks.
Level 2 checks and barred list checks display highly sensitive information and could harm someone’s reputation or rights if shared inappropriately. Therefore, to protect individuals there must be a legal justification for more invasive checks.
Key Terminology – What is meant by ‘contact’, ‘unsupervised’ and ‘exercising power of influence’?
Contact means
(a) in relation to an activity, contact that is more than incidental to the carrying out of the activity, and
(b) includes physical contact, written or verbal communication with, and exercising power or influence over children/protected adults.
Unsupervised contact with children means contact with children in the absence of a responsible person.
Exercising power or influence over children means:
(a)assisting, facilitating, permitting or impeding progress towards a desirable objective or outcome for a particular child,
(b)making decisions of an operational or strategic nature that could have an impact on a number of children, or
(c)persuading or putting pressure on a particular child to behave or act in a certain manner for the financial gain or personal gratification of a person other than the child.
