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CHAPTER 4: NEW TYPES OF VETTING INFORMATION -PROPOSED ACTIONS
4.2 REGULATORY BODIES AND COUNCILS
Q12a and b. What vetting information should be provided by regulatory bodies? And should this be shared?
The consultation proposed that regulatory bodies use a two prong test in deciding when to provide vetting information to the scheme. The first component of the test is if the regulatory body has taken a decision:
- not to register an individual
- to de-register a registrant
- to place conditions of practice on a registrant
- to place an interim suspension order on a registrant or
- to prosecute or take legal proceedings against a registrant
The second component of the test is that the reason for the decision suggests the registrant has harmed or risked harm to a vulnerable person over and above any harm arising from professional incompetence.
All regulatory bodies that responded agreed with the approach set out above.
The Scottish Government plans to prescribe in regulations, vetting information specific to disciplinary and other procedures set out in the rules and regulations of each regulatory body, broadly in line with the information listed in paragraphs 166 to 168 of the consultation.
Information will be extracted from current and retrospective referrals received by the scheme. If information is included in a referral about a scheme member which doesn't lead to listing, it will come within the meaning of vetting information and be added to their scheme record and therefore be disclosable. If a referral about a non-scheme member contains prescribed information and the individual subsequently applies to join the scheme, then the vetting information will form part of their scheme record.
Q13. What information do councils hold that might be relevant to an individual's suitability to do regulated work with children or adults and how might it be gathered?
The PVG Act allows for vetting information on PVG Scheme members to be provided by councils to be prescribed in regulations. The consultation analysis suggests that councils may hold relevant information but further work is required to define the information and to establish the means to share it effectively.
The Scottish Government will continue to discuss this issue with stakeholders to determine how to take this forward in a measured and consistent way. This provision is not expected to be up and running for go-live and instead, will be a subsequent enhancement to the scheme.
4.3 HANDLING SENSITIVE INFORMATION FROM REGULATORY BODIES AND COUNCILS.
Q14a and b. Should vetting information from regulatory bodies and councils be withheld from disclosure certificates and if yes in which circumstances?
There was widespread support from consultation respondents for any information that is held to be disclosed. All vetting information relevant to employer decisions on suitability to work with vulnerable groups will be disclosed. This will mean that some information will not be disclosed. For example, information regarding an individual's professional competence, which is not relevant to their suitability to work with vulnerable groups will not appear on a disclosure.
4.4 CIVIL ORDERS
Q15. Which civil orders should be disclosed on scheme records and on standard and enhanced disclosures?
The consultation specifically asked whether the following types of civil orders should be disclosed in scheme records and standard and enhanced disclosures.
- Risk of sexual harm order
- Sexual offences prevention order
- Notification order
- Foreign travel order
And any interim order associated with any of these.
Currently civil orders are only disclosed on enhanced certificates if the police consider that they are relevant to the post applied for. The consultation proposed that this discretion should be taken away from the police so that, in relation to work with vulnerable groups, these orders would be routinely disclosed. There was widespread support for these orders to be disclosed on PVG Scheme records.
For standard and enhanced disclosures there is no justification for disclosing such information.
The Scottish Government plans to establish that the four specified civil orders should routinely appear on scheme record disclosures and on enhanced plus disclosures but not on standard or enhanced disclosures. Enhanced plus disclosures will be available, for example, for adoption and Adults With Incapacity guardianship purposes and will consist of an enhanced disclosure as well as information about listing on the relevant list.
4.5 OTHER POSSIBLE SOURCES OF VETTING INFORMATION
Q. 16a and b. Should the fact of previous competent referrals be included on scheme record disclosures? Is there any other vetting information beyond that from the police, regulatory bodies, councils and the civil orders identified in 4.4 that should be included on disclosures?
The Scottish Government does not intend to include details of previous competent referrals in scheme record disclosures. On balance it is felt that disclosing this information would be unfair to the scheme member and could lead to unfair suspicion and prejudice while potentially allowing an employer to cast doubt on the decision making process.
Consultation respondents gave very few suggestions as to additional sources of vetting information that could be prescribed. Currently there is no intention to prescribe additional sources of information beyond those discussed in the consultation paper.
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