Protecting Vulnerable Groups (PVG): For PAs
The Protecting Vulnerable Groups (PVG) scheme has existed in Scotland since 2011.
It is managed by Disclosure Scotland and helps make sure that people who are unsuitable to work with children and protected adults cannot work with these vulnerable groups.
If you get a job working with vulnerable people, including as a Personal Assistant, your employer may ask you to join the PVG scheme. If you are already in the PVG scheme for another reason, your employer may still ask you for a statement confirming your PVG scheme membership.
Disclosure Scotland carries out criminal record checks when you apply to the PVG scheme. It can share the results of these checks with you and, in some circumstances, your employer directly. Your employer can use this information to help decide if you are suitable for the role you’re applying for.
Upcoming changes to the PVG scheme for Personal Assistants
A new law will come into force on 1 April 2025 that will make it a legal requirement for Personal Assistants to join the PVG scheme.
This page gives you everything you need to know to help prepare for the changes.
What do the changes mean for Personal Assistants?
Currently, many Personal Assistant employers ask potential Personal Assistants to join the PVG scheme, this ensures that the potential Personal Assistant is not already barred from a ‘regulated role’.
Until 1 April 2025, the PVG scheme is not mandatory. A new law in Scotland, the Disclosure (Scotland) Act 2020, means that from 1 April 2025, Personal Assistants will be legally required to join the PVG scheme.
This is because Personal Assistants – from 1 April 2025 – are doing what is called a ’regulated role’ in supporting someone who may be vulnerable, for example, an elderly or disabled person, or a child.
It ensures that Personal Assistants who are unsuitable for a ‘regulated role’ are not given the opportunity to work with children or protected adults.
Do all Personal Assistants have to join the scheme?
From 1 April 2025, most people working in Scotland as a Personal Assistant will be legally required to join the PVG scheme.
This includes Personal Assistants who are employed by an individual employer, and self-employed Personal Assistants.
The only exceptions are:
- Where the Personal Assistant is carrying out the role as part of a family relationship. This typically means a direct family member, such as a parent, child, aunt or uncle, who is a PA for their direct relative, will not need to be a PVG scheme member. This remains true even if they receive money for this. A ’family relationship’ can also include a relationship between two people who live in the same household and treat each other as though they were members of the same family.
- Where the Personal Assistant is carrying out the role as part of a personal relationship and where there is no commercial gain for the Personal Assistant. For example, they are not being paid to work as a Personal Assistant.
Exceptions – scenarios
The following scenarios help explain when a PA is not required to become a member of the PVG scheme.
- An individual wishes to employ their adult son or daughter, who does not live with them, to provide their care and support for which they have received a Direct Payment from their Local Authority. As they are a family member, they are not required to join the PVG scheme.
- An individual wishes to employ a family friend to provide their care and support, for whom they have received a Direct Payment form the Local Authority. The family friend has been connected to the individual for a long time but does not live with them. As the family friend is not a direct family member, they will be required to be a PVG scheme member.
- An individual has been receiving personal care from a neighbour who has been a longtime family friend. The neighbour visits daily and assists the individual with medication and prepares meals. This is done for no financial consideration and no money changes hands, other than money given to purchase groceries for the individual. As there is no financial consideration, the neighbour does not require to join the PVG scheme.
When do the changes come into force?
It will be a legal requirement for Personal Assistants, who are not exempt, to join the PVG scheme from 1 April 2025. Many Personal Assistants will already be members of the PVG scheme so the change will not affect them.
If you are a Personal Assistant now and are not a member of the PVG scheme, you should join the PVG scheme as soon as possible.
Joining the PVG scheme before 1 April 2025 will mean that you do not breach the legal requirement coming into force on 1 April 2025. You can apply to join now via Disclosure Scotland’s website.
What does my employer have to do?
Your employer does not have to do anything. You can join the PVG scheme without your employer having any part in the process.
However, when you apply to join the PVG scheme, you can ask your employer to complete a part of the application form to add their own details and countersign your application.
You should speak to your employer about whether they want to countersign your application or not. There is no additional cost for your employer to countersign your application.
What results will be shared with my employer?
Your results will only be shared with your employer directly if they have countersigned your application to either join the PVG scheme or when you are applying as an existing scheme member. If you apply without your employer countersigning your application, you must share your result with your employer.
These results state whether you are barred from doing a ‘regulated role’, or if you are under consideration for listing, for example, Disclosure Scotland has been notified that you may be unsuitable for a regulated role.
Your employer will not receive any details of any criminal convictions you may have. They are told if you are barred from a ‘regulated role’, or under consideration for listing to help them decide if you are a suitable person to employ.
I work for more than one Personal Assistant employer – do I have to rejoin the PVG scheme for each employer?
From 1 April 2025, it will be a legal requirement for Personal Assistants to join the PVG scheme.
If you’re already in the PVG scheme carrying out another role, you should apply for a Scheme Membership Statement for your Personal Assistant role. You can apply for a Scheme Membership Statement via Disclosure Scotland’s website.
You should provide a statement of your PVG scheme membership to each of your Personal Assistant employers.
How much will it cost to join the PVG scheme?
Applying to join the PVG scheme costs £59.
A Scheme Membership Statement costs £18. if you’re already in the PVG scheme carrying out another role, you should apply for a Scheme Membership Statement for your Personal Assistant role. You can find full details of PVG scheme fees on Disclosure Scotland’s website.
Either you or your employer can pay Disclosure Scotland for this fee, depending on the arrangement you make with your employer. Ask your employer about whether they will pay this, or whether you must pay for it.
How long does it take to process a PVG scheme application?
14 days.
What if I am already a member of the PVG scheme?
If you are in the PVG scheme for another reason, your Personal Assistant employer may ask you for a Scheme Membership Statement confirming your PVG scheme membership. You can apply for a Scheme Membership Statement via Disclosure Scotland’s website.
What if my details change?
If you are a member of the PVG scheme, you must keep your personal details up to date with Disclosure Scotland.
If, since you applied to the PVG scheme, there have been any changes to your:
- address
- email address
- contact number
you must tell Disclosure Scotland as soon as possible. You can find out how to update your details on the Disclosure Scotland website.
What happens if I don’t join the PVG scheme?
From 1 April 2025, it is a legal requirement for people working as Personal Assistants to be members of the PVG scheme. The onus in on you to ensure that you are a member of the PVG scheme.
The only exceptions are Personal Assistants who are carrying out the role as part of a family relationship or as part of a personal relationship, as detailed above.
If you do not meet the exceptions and you do not register to be a member of the PVG scheme and continue to work as a Personal Assistant beyond 1 April 2025, you will be committing a criminal offence, for which you could be liable for imprisonment or a fine (or both).
Where can I get more information?
You can keep up to date with the changes on the Disclosure Scotland website.
If you have any questions about joining the PVG scheme as a Personal Assistant, you can contact Disclosure Scotland by phone or email, contact details can be found on their website.
Next steps
If you are not already a member of the PVG scheme you can apply to join below.