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Protecting Vulnerable Groups Scheme. Referrals and Considerations Kathleen McInulty, PVG Implementation Team. Up Date on Progress. Head of Protection Unit appointed Development of Protection Unit underway Consultation on secondary legislation Draft of assessment framework complete
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Protecting Vulnerable Groups Scheme Referrals and Considerations Kathleen McInulty, PVG Implementation Team
Up Date on Progress • Head of Protection Unit appointed • Development of Protection Unit underway • Consultation on secondary legislation • Draft of assessment framework complete • Consultation with experts on assessment framework and training for staff
Secondary Legislation Protection of Vulnerable Groups (S) Act 2007 (Automatic Listing) (Specified Criteria) Order 2010 • Murder of a child • Any non consensual sexual penetration • Same offences for both adults’ and children’s list
Secondary Legislation Protection of Vulnerable Groups (S) Act 2007 (Relevant Offences) (Modification) Order 2010 • Modification – partial or minor changes to Schedule 1 only • Propose to add the following where the victim is a child: • Prohibition of female genital mutilation • Ill treatment and wilful neglect of adult with incapacity • Ill treatment and wilful neglect of mentally disordered person • Trafficking
POCSA Court referrals Organisational Referrals Regulatory Body referrals Employment Agency referrals Individual named in relevant inquiry PVG Conviction of automatic listing offence Conviction of an offence contained in Schedule 1 of the PVG Act Discretionary Court referrals Organisational referrals (criteria extended) Regulatory body referrals Employment Agency referrals Individual named in relevant inquiry Vetting Information What’s new under PVG?
Areas for consideration Individual Victims Situation / environment P.D. Scott(1997)
Some issues to consider: • Do those who provide services and activities to vulnerable groups have (access to) Codes of Practice? • Do they have (access to) disciplinary policies and procedures which include provision to make a referral to Scottish Ministers where the criteria is met? • Are organisations maintaining records of concerns and action taken? • When retrospective checking commences how will organisations manage an existing employee /volunteer who may be placed under consideration for listing as a result of vetting information? • Are there cases where a retrospective referral may be appropriate?