Written Question · S6W-43563 · Session 6
Whether a member of a charity speaking to a class of pupils on an organised visit would be considered as a regulated role with a requiremen…
The question
To ask the Scottish Government whether a member of a charity speaking to a class of pupils on an organised visit would be considered as a regulated role with a requirement for the individual to obtain a PVG scheme membership approval that is specific to the school and local authority area.
The answer
Regulated roles are defined under schedule 2 and schedule 3 of the Protection of Vulnerable Groups (Scotland) Act 2007 and there is guidance to assist at PVG scheme
- Regulated roles guidance
- mygov.scot.It is the responsibility of the organisation providing the individual with the role to assess whether, as a necessary part of that individual’s role, the type of activity they are doing with children would meet the definition of a regulated role with children set out in schedule 2 of the Protection of Vulnerable Groups (Scotland) Act 2007.Where an individual is doing a regulated role, the organisation supplying them is responsible for confirming PVG scheme membership.For school-based volunteering managed by the school or local authority, the school or local authority must apply its own recruitment procedures, including appropriate use of the PVG scheme.When activities arranged by a school are provided by another organisation, for example, a charity providing mental health support to pupils then suitability for the role is the responsibility of the charity. The charity must ensure that the individual is a PVG scheme member and has received a Level 2 PVG scheme disclosure before undertaking the regulated role.A more definitive answer to this question cannot be provided as it is unclear whether the role would take place within a school or on the charity's own premises. This distinction is significant because the setting can determine whether a role is regulated, particularly where there is potential for unsupervised contact with children.In relation to activities involving contact with children, a charity representative delivering a talk about their organisation is unlikely to be carrying out a regulated role. However, if the charity is delivering workshops designed to train or teach children a specific skill or activity or is providing recreational or physical activities, then the individual would be carrying out an activity set out in schedule 2 of the Protection of Vulnerable Groups (Scotland) Act 2007.
- Regulated roles guidance
- mygov.scot.It is the responsibility of the organisation providing the individual with the role to assess whether, as a necessary part of that individual’s role, the type of activity they are doing with children would meet the definition of a regulated role with children set out in schedule 2 of the Protection of Vulnerable Groups (Scotland) Act 2007.Where an individual is doing a regulated role, the organisation supplying them is responsible for confirming PVG scheme membership.For school-based volunteering managed by the school or local authority, the school or local authority must apply its own recruitment procedures, including appropriate use of the PVG scheme.When activities arranged by a school are provided by another organisation, for example, a charity providing mental health support to pupils then suitability for the role is the responsibility of the charity. The charity must ensure that the individual is a PVG scheme member and has received a Level 2 PVG scheme disclosure before undertaking the regulated role.A more definitive answer to this question cannot be provided as it is unclear whether the role would take place within a school or on the charity's own premises. This distinction is significant because the setting can determine whether a role is regulated, particularly where there is potential for unsupervised contact with children.In relation to activities involving contact with children, a charity representative delivering a talk about their organisation is unlikely to be carrying out a regulated role. However, if the charity is delivering workshops designed to train or teach children a specific skill or activity or is providing recreational or physical activities, then the individual would be carrying out an activity set out in schedule 2 of the Protection of Vulnerable Groups (Scotland) Act 2007.
In the Official Report
No contribution in the Official Report cites S6W-43563 by reference.