PVG & Disclosure Checks
Recruitment guidance and Disclosure Certificates (Clubs can find a sample recruitment process attached below).
Recruiting someone to a role in a club
When someone is appointed to a role in a club (coach/welfare officer/parent helper) it is the club and committee of that club who are recruiting them.
And while many of these roles are volunteer positions clubs still need to have a thorough recruitment process, particularly if this role is regulated work with a protected group. (if you need don't know what this terms mean you can read guidance on the Volunteer Scotland website here).
Scottish Fencing and British Fencing require all clubs to ensure the coaches and welfare officers they employ on a voluntary or paid basis to have current Disclosure Certificates if they are undertaking regulated work.
We recommend clubs use a self disclosure form as part of their recruitment process, you can read more about safe recruitment steps here
It is important to recognise that having a criminal record does not necessarily mean that someone cannot work or volunteer for your club. To help with this please adopt one of the policies below based on whether your club uses a self declaration in your recruitment process or not:
Recruiting with Convictions Policy - this sample policy is intended for organisations who do not use a self-disclosure process in advance of accessing a disclosure certificate
Recruiting with Convictions Policy and Self Disclosure - this sample policy is intended for organisations who use a self-disclosure process in advance of accessing a disclosure certificate
Clubs should ask for ask for at least two references; these don’t need to be formal - a phone call is sufficient. Two committee members who are independent of the person applying should check or obtain these.
Secondary organisations contract
Scottish Fencing is acting as an intermediary body on behalf of clubs when we process PVG checks. To ensure that we are agreed on who has what responsibilities and duties clubs need to sign and return a Secondary Organisation Contract - here.
As part of the agreement clubs need to read and agree to abide by the Ministerial code of practice which clubs can find here
For any club choosing to receive Disclosure Certificates you must have a Policy for handling and holding this information securely. Volunteer Scotland have a sample secure handling policy here.
For Scottish Fencing to process PVG checks on behalf of clubs, clubs need to add a fair processing note to their data protection policy. With this note added it enables Scottish Fencing to act as a secondary organisation and process PVG certificates on behalf of clubs.
FAIR PROCESSING NOTICE RE CHILD WELLBEING/PROTECTION
“The Data Protection Act requires that you are informed about how your personal information is used. For the purposes of child wellbeing/child protection matters, the club may share information about you with the sport’s Governing Body in Scotland and/or National (UK) Governing Body where it has been alerted to circumstances that might affect your status as a member of the PVG scheme for regulated work with children and/or protected adults or your suitability to carry out the regulated work role for which you have applied/been appointed or already doing. In the event such sharing is deemed necessary, it will normally only be carried out between the registered Child Protection Officers in the Club and Governing Body.”
Disclosure Checks Process
Anyone who needs a PVG needs to complete a form available here and return to admin@scottish-fencing.com
The club’s welfare officer can complete ID checks. Return the ID verification form with the applicant’s form. You can find a form here
Volunteer Scotland will contact the applicant using the email address on the form with a link which is only valid for 7 days. The applicant needs to complete the Disclosure Services form before the link expires. They will need their PVG membership number, National Insurance number, passport and drivers licence details if they have these. Plus membership details of any regulatory body.
Certificates
Once the Disclosure Check is processed the volunteer/coach will receive a copy of their certificate before Scottish Fencing. Scottish Fencing will receive a copy about two weeks later. This allows someone to appeal agains the disclosure of, for example, spent convictions.
As there is a fair processing notice Scottish Fencing can then share any information deemed necessary with the Welfare Officer of that club.
If selected on the secondary organisation contract Scottish Fencing will forward the certificate to the club member responsible. Any clubs that choose to have certificates forwarded must adopt and adapt Volunteer Scotland’s Policy on the Secure Handling, Use, Storage and Retention of Disclosure Information. You can find a sample policy here
British Fencing Coaches' Register
If this is an application on behalf of a coach who wishes to join the British Fencing Coaches' Register and they have ticked the relevant box on the PVG verification form Scottish Fencing will share the certificate number, date of certificate and PVG membership number with the administrator for the British Fencing Coaches register. Please do not scan/copy or send Disclosure Certificates to British Fencing (or Scottish Fencing) as it is illegal to make a copy, picture or scan of Disclosure certificates.
ADVICE FOR COMPLETING THE FORMS
You can find further advice on how to complete the forms at the Volunteer Scotland Website
INDIVIDUALS WHO ARE UNDER CONSIDERATION OR BARRED
The PVG Scheme provides for decisions to be made about a person’s suitability to carry out certain types of regulated work. As part of this determination process, those not considered suitable will be barred from doing regulated work with children or protected adults or both.
Individuals can also be placed under consideration for listing where there is information which needs further investigation to determine if the person is suitable for regulated work.
Barring or being considered for listing can happen at the time that the applicant applies to join the PVG Scheme or throughout the period that they are a scheme member. Disclosure Scotland will notify Scottish Fencing when someone you are recruiting or have recruited into regulated work becomes barred or under consideration for listing in relation to the regulated work for your organisation. Scottish Fencing will then contact the person nominated in your club’s secondary organisation contract.
If notified that someone is barred from regulated work with children and/or protected adults, the person must be removed from the relevant type of work. This is because it is an offence for an organisation to offer or fail to remove a person who is barred from regulated work after they have been notified.
If notified that someone is under consideration for listing in relation to regulated the work type that they do for your organisation, you can make your own decision about the action that your organisation will take. We advise that clubs have a written policy or statement detailing the action considered appropriate, not only to provide clarity for those who have to make recruitment decisions but also to let those in regulated work know what to expect in these circumstances.
A sample policy is available here.
MAKING REFERRALS
The PVG Scheme requires organisations and clubs to make referrals to the Protection Unit at Disclosure Scotland in certain circumstances. If a club permanently removes someone from regulated work you need to decide if the reason(s) that they were removed mean that you need to let Disclosure Scotland know what’s 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 do regulated work (with children/adults/both) or if they should be removed from regulated work.
When Should You Let The Protection Unit Know What’s Happened?
You should only make a referral when 2 conditions have been met:-
Condition 1 – A person has been permanently removed/removed themselves from regulated work
Condition 2 – At least 1 of the following 5 grounds apply to their permanent removal:
Caused harm
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, you must let Disclosure Scotland know by making a referral. The form for making a referral can be found on Disclosure Scotland’s website, 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.
You can find a sample policy here
Summary - Sample policies
Recruiting with Convictions Policy
Recruiting with Convictions Policy and Self Disclosure
Policy on the Secure Handling, Use, Storage and Retention of Disclosure Information
Barred and Under Consideration Policy
Summary - Forms required for a Disclosure Certificate
