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Annex 4: Discussion scenarios from the PVG consultation events
Scenario, Part 1, Session One
PROTECTION OF VULNERABLE GROUPS (SCOTLAND) ACT 2007
Vetting and Barring Scheme
Open Consultation Events
November/December 2007/January 2008
SCENARIO FOR TABLE DISCUSSION
SESSION ONE - REGULATED WORK WITH PROTECTED ADULTS
The scenarios below aim to illustrate the scope of regulated work with protected adults which will replace the present disclosure process for those working with 'adults at risk'.
Scenario 1 Mr B attends his local GP practice as part of regular treatment for diabetes. He is first seen by a Receptionist who checks they have the correct details for Mr B, then is seen by a Nurse who conducts some basic health checks (blood pressure, weight etc.). Mr B is then seen by his GP who does some further checks and seeks feedback from Mr B on the current treatment regime. Before leaving the practice, and after discussion with his GP, Mr B has agreed to be interviewed by a representative of a private gym seeking to promote 'healthy-living' classes it operates within the area. |
Discussion Scenario 1
(i) By attending the GP service for treatment, should the delivery of that treatment automatically make Mr B a protected adult for the purposes of the new scheme?
(ii) Should Mr B be a protected adult for the whole time he is in the practice? Should Mr B be a protected adult when he is actually being seen by one of the four individuals? What about when he is in the waiting room in between his four appointments?
(iii) Of the 4 individuals Mr B came into contact with, which should be considered as doing regulated work with protected adults and so required to become scheme members?
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. ADDITIONAL PAPER IS PROVIDED.
Scenario, Part 2, Session One
The scenario set out below aims to illustrate the potential complexity involved in the provision of vetting information from local authorities.
Scenario 2 Ms G is 17 years old and resides in a care home for people with learning disabilities. The receipt of this service means that she is a 'protected adult', and that all those who work in that care home must be scheme members as they are doing regulated work with protected adults. Once a week Ms G visits with her family, and is driven there and back via a mini-bus service provided by a local transport provider. The driver will be in sole charge of Ms G at these times. Every few weeks, a local church choir visits the care home to provide some entertainment to the residents, and to encourage them to learn the songs. |
Notes in relation to Scenario 2
The PVG Act ensures that the receipt of a regulated care service makes an adult protected, and that those who work within a care home require to be scheme members. Those who only have incidental contact with protected adults as part of their normal duties should not be scheme members.
The mini-bus driver will frequently change, and he/she is not employed by the care home, nor is it part of his/her normal duties to drive protected adults.
The visit of members of the Church choir is frequent.
Discussion
(i) Should the mini bus drivers be scheme members?
(ii) Should members of the church choir be scheme members?
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. ADDITIONAL PAPER IS PROVIDED.
Scenario, Part 3, Session One
SCENARIO FOR TABLE DISCUSSION
SESSION ONE - REGULATED WORK WITH CHILDREN
Scenario 3 Since February 2007 fire fighters have had to get standard disclosure checks. The changing role of fire personnel now requires them to carry out community fire safety work, deal with children, give one-to-one advice and become involved in youth training. All of this brings them into closer, more frequent contact with vulnerable members of the community. In addition, the statutory power to enter into private as well as business premises conferred on fire fighters by the Fire (Scotland) Act 2004 could put dishonest fire fighters in a position to take advantage. Some fire fighters normal duties will include: caring for children; teaching, instructing training or supervising children; being in sole charge of children; unsupervised contact with children; or providing advice or guidance to children they will be in regulated work with children. They would also be in regulated work if their normal duties include work in a school. |
Discussion Points
(i) Would all fire fighters be in regulated work?
(ii) Would some fire fighters be in regulated work, depending on their duties?
(iii) Would any fire fighters be in regulated work?
NOTE: We appreciate that some knowledge of firefighters' duties is required. However, the example can generate discussion on the definition of 'normal duties.'
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. ADDITIONAL PAPER IS PROVIDED.
Scenarios, Session Two
SCENARIO FOR TABLE DISCUSSION
SESSION TWO - REFERRALS and LISTING (scenarios in relation to listing)
Decide whether to list the individuals. The individual's convictions etc are set out in each box. They are all real people. The information is extracted from disclosure certificates (anonymised). In considering each case, the following discussion points are relevant:
(i) Is the decision to list or not to list unanimous or a split decision?
(ii) Is the decision to list on the children's list, adults' list or both lists?
(iii) What made your decision straightforward?
(iv) What made your decision difficult?
(v) Did you take account of: when the offence/misconduct took place?; types of offences?;
Scenario 1 The individual was convicted for murder in 1981 and sentenced to imprisonment for life. There were no convictions before the murder. |
Scenario 2 The individual was convicted of the following: |
Breach of the peace | 1984 | £75 fine |
Theft | 1984 | £25 fine |
Theft (shoplifting) | 1985 | £25 fine |
Assault | 1985 | £25 fine |
Breach of the peace | 1985 | £25 fine |
Breach of the peace | 1985 | 30 days detention centre |
Theft by housebreaking | 1985 | 18 months' probation |
Theft by housebreaking | 1985 | 150 hours community service order |
Breach of the peace | 1986 | £50 fine |
Breach of the peace | 1986 | £500 fine |
Breach of the peace | 1991 | £150 fine |
Misuse of Drugs Act 1971
Section 5(2) (possession) | 1991 | £50 fine and forfeit drugs |
Grievous Bodily Harm | 1991 | 9 months' imprisonment wholly
Suspended for 2 years |
Nothing since 1991 | | |
Scenario 3 The individual was convicted of the following: |
Indecent assault | 1984 | £450 fine |
Misuse of Drugs Act 1971
Section 5(1) & (2)
(possession) | 1984 | £50 fine |
Assault with intent to ravish | 1995 | £2,000 Compensation Order |
Breach of the peace | 1998 | £100 fine |
Indecent Exposure | 1999 | 3 months' imprisonment |
Scenario 4 There are no convictions. The following 'other relevant information' appears on the disclosure: The police hold information that in September 1992 an allegation was made against the individual to the effect that he had fondled the private parts and attempted to have sexual intercourse with his partner's 15 year old daughter. The individual denied the allegation and there was insufficient evidence to proceed with the complaint. |
Scenario 5 There are no convictions. The following 'other relevant information' appears on the disclosure: The police can confirm that in September 2005 the applicant's house was searched by police under a warrant issued in terms of the Misuse of Drugs Act 1971. During the search a small quantity of what is believed to be the Class A drug, amphetamine was recovered from the possession of the applicant. During the interview the applicant conceded to the police that she regularly used amphetamine although was making efforts to curtail her use of the substance. At the time of this incident it was established that the applicant was employed as a classroom assistant at ***primary school and due to concerns the police had at that time a police disclosure was made to the school. The substance which is believed to be amphetamine is currently being forensically tested and at the completion of the process, a report will be forwarded to the Procurator Fiscal. |
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. ADDITIONAL PAPER IS PROVIDED.
Scenario, Part 1, Session Three
SCENARIO FOR TABLE DISCUSSION
SESSION THREE - VETTING INFORMATION
The scenario set out below aims to illustrate the potential complexity involved in the provision of vetting information from local authorities.
Information from local authorities - Part 1
It comes to the attention of social services that two children aged 7 and 9 are not being adequately looked after by their parents (the information comes from the children's school). There are signs that the children may be being physically abused by one or both of their parents. After full and proper consideration of the situation, the local authority, through a decision reached at a Child Protection Committee, decides to remove both children away from their parents, initially on a temporary basis. The case is to be reviewed in one month's time. The council refer the vetting information to the Central Barring Unit. |
Discussion Point 1
Should the local authority refer the fact that the children have been taken into care to the CBU? Please bear in mind that:
a) they have been taken into care on a temporary basis;
b) one or both parents could be listed and lose their job (if they undertake regulated work) or have their future job options reduced; and
c) the information could be disclosed as part of a future disclosure check
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. ADDITIONAL PAPER IS PROVIDED).
Scenario, Part 2, Session Three
SCENARIO FOR TABLE DISCUSSION
SESSION THREE - VETTING INFORMATION
The scenario set out below aims to illustrate the potential complexity involved in the provision of vetting information from local authorities.
Information from local authorities - Part 2
Having received the information, the CBU decide to bar the mother from working with children. She works part-time as an auxiliary nurse in a children's hospital and accordingly has to leave her job. One month has elapsed from the point where the children were originally taken into local authority care. Having reviewed the situation and discussed options with all parties involved, the local authority is now of the view that the children should return to the care of their parents. |
Discussion Point 2
What are the implications of this for the decision to bar the person from regulated work?
What should the CBU do?
Was it the correct decision to refer the information to the CBU?
What type of information, if any, should the CBU be able to consider from councils?
PLEASE DELEGATE SOMEONE FROM YOUR TABLE TO NOTE DOWN ANY KEY OBSERVATIONS, ISSUES AND POINTS ON THE BACK OF THIS SHEET. (ADDITIONAL PAPER IS PROVIDED).
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