Protecting Vulnerable Groups (PVG): For PA Employers

The Protecting Vulnerable Groups (PVG) membership scheme is managed by Disclosure Scotland. Anyone who wants to work with children or vulnerable adults will need to have a PVG check and become members of the scheme.

This helps ensure that people whose behaviour makes them unsuitable to work with children and vulnerable adults cannot do ‘regulated work’ with these groups.

PVG is a membership scheme which makes sure its members are allowed to work with children or vulnerable adults.

Employing Personal Assistants (PAs)

If you’re employing someone to do regulated work for you, including a Personal Assistant, you can use the PVG scheme.

You can ask the person you’re employing to apply online for a PVG check.  If you countersign their application, you’ll receive a copy of their PVG certificate.

This certificate is called a Scheme Membership Statement. It shows their PVG membership information. It includes confirmation they they’re not barred from working with children/protected adults. It will also show if they are under consideration for listing – this means if Disclosure Scotland receives information about them that might mean they are unsuitable for regulated work, they will do an assessment to decide whether to list the person.

You cannot use the PVG scheme if the person doing the work:

• is a family member who lives with you
• lives with you as if they’re a family member (such as someone who is not related to you but lives with and cares for you)
• has a personal relationship with you and is not being employed or paid for the work (such as a friend or neighbour).

Upcoming changes to the PVG process

A new law was passed in 2020 – the Disclosure (Scotland) Act 2020 – which will come into force in April 2025. The new law focuses on safeguarding children and vulnerable adults, while balancing the need for people with convictions to move on from past convictions and contribute to society.

The most important change that the new law will make for PA Employers is that it will become a legal requirement for Personal Assistants to be a member of the PVG scheme. This is because PAs are deemed to be are carrying out a ‘regulated role’ working with either children or protected adults.

What PA Employers will need to do after April 2025

When the new law comes into effect in April 2025, PA Employers will need to ask any potential new PAs to undergo a PVG check at either level 1 or 2. If a new PA is not a member of the PVG scheme they will need to join.

The information that is shared by Disclosure Scotland can only be shared with a ‘regulated body’. This means that the prospective PA will receive a copy of their disclosure as well as an organisation acting on behalf of the PA Employer. This ‘regulated body’ will then have to decide what information in the disclosure received by them is relevant to the PA’s employment. They will only be able to share relevant information with the PA employer.

Next steps

Take a look at the resources available to guide you in more detail.