Introduction
The Protection of Vulnerable groups (Scotland) Act 2007 is in place to make sure unsuitable individuals cannot work or volunteer with children or protected adults (regulated work). A key part to this process working correctly is for clubs to pass on information to Disclosure Scotland when they identify an unsuitable individual within their club.
Background
The PVG Scheme requires organisations to make referrals to the Protection Unit at Disclosure Scotland in certain circumstances. If The Club/Scottish Swimming permanently remove someone from regulated work it needs to be decided if the reason(s) that they were removed means Disclosure Scotland need to be informed about what happened. This is called “Making a Referral” and includes circumstances where you would have removed them if, for any reason, they have already left the role.
Disclosure Scotland will then use this information to help them decide if someone remains suitable to continue to undertake regulated work (with children/adults/both) or if they should be removed from regulated work.
When Should The Club Let The Protection Unit Know What’s Happened?
The Club should only make a referral when both Condition 1 and Condition 2 below have been met. Condition 2 is meeting a minimum of 1 of the 5 points.
Condition 1 – A person has been permanently removed/removed themselves from regulated work
(this includes suspension which requires the person to reapply for their role when the suspension period has ended)
Condition 2 – At least 1 of the following 5 grounds apply to their permanent removal:
- Caused harm to a child or protected adult
- Placed someone at risk of harm
- Engaged in inappropriate conduct involving pornography
- Engaged in inappropriate sexual conduct
- Given inappropriate medical treatment
When both of these conditions have been met, the Club must let Disclosure Scotland know by making a referral. The form for making a referral can be found on Disclosure Scotland’s website (HERE), along with instructions for completing the form and the Protection Unit can be contacted on 03000 2000 40 if you need any help.
Making a referral is not optional. It is a legal requirement to report circumstances where both conditions are met. This should be done within 3 months of making your decision.
Who Is Responsible For Making The Referral?
When the club carry out disciplinary action and make the decision to permanently remove someone from regulated work, the club is responsible for making the referral.
Where the Sports Governing Body (Scottish Swimming) take disciplinary action which means that they have to remove someone from regulated work in your club, Scottish Swimming are responsible for making the referral.
How To Use This Policy
The template policy provided below can be used as it is by adding your club’s name at the top, identifying and inserting the role/post of the person in your club who will be responsible for making referrals (insert this role title in the area marked ‘Position 1’) and the job role of the person who will substitute for this person in their absence (insert this job role in the area marked ‘Position 2’).
Alternatively, it can be used to help you to develop your own policy and process but you must identify the job role/post within your club that will be responsible for making referrals and ensure there is clear guidance on notifying that person that both conditions have been met for making a referral.
Scottish Swimming recommend the following:
Position 1: Club Chair / President
Position 2: Club Wellbeing Officer
Throughout this procedure, Scottish Swimming will be supporting the club and Wellbeing Officer through the process.