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CHAPTER 5: RETROSPECTIVE CHECKS AND FEES -PROPOSED ACTION
5.2 RETROSPECTIVE CHECKING: WHETHER AND HOW?
Q.17 - 20. How should scheme membership be phased in? If by retrospective checking should there be a delay before it starts, over what period should it take place and how should individuals be prioritised to join the scheme?
The first question asked whether scheme membership should be phased in through natural turnover or a managed process. The majority of respondents supported a managed process of retrospective checking.
The consultation suggested a number of options for phasing in the process: by date of last disclosure; by sector; or by random personal characteristic, such as month of birth.
Most respondents were keen to ensure that the administrative burden was spread over the full retrospective checking period therefore ruling out phasing by sector.
The most favoured option was by date of last disclosure, which would ensure that those who had never had a disclosure and so theoretically pose the highest risk join first.
A partnership approach between organisations and Disclosure Scotland will be required to make the period of retrospective checking work as only the employing organisations have employee information. The Scottish Government will further discuss with stakeholders, how best to plan the retrospective checking process.
The Scottish Government plans to phase in scheme membership using a managed process of retrospective checking. This will be carried out over a three year period, commencing one year after the scheme goes live, so that the whole process takes place over four years.
5.3 FEE LEVELS AND CHARGING REGIME.
Q21. What charging regime should be used, a two tier approach or a subscription model?
Most consultation respondents favoured a two tier system of charging. Respondents felt that this option would be easier and cheaper than a subscription model to implement and that it would be more likely to discourage over use of the scheme.
The Scottish Government plans to introduce a two tier system of charging. A higher fee will be charged for all applications to join the scheme for the first time. The higher fee will also apply on any occasion when a full Scheme Record Disclosure is requested. The lower fee will apply to Short Scheme Record Disclosure and Disclosure of Scheme Membership where the individual is already a scheme member.
The draft SSI setting out the proposed fee structure will be subject to further consultation and the actual fees will be announced as soon as they can be confirmed.
Q22. Should individuals who become scheme members through volunteering be required to pay a higher tier fee for joining the scheme if and when they join the paid workforce?
Scottish Ministers currently cover the disclosure costs for volunteers working with children and adults at risk in the voluntary sector. This arrangement will continue under the PVG Scheme.
This question effectively asks whether an employer should pay the higher fee when they recruit someone into paid work who has become a scheme member, without cost, through volunteering activities. This would effectively allow Scottish Ministers to recover their volunteering subsidy by treating the individual as a new scheme member when they entered paid employment. Respondents had mixed views on this area. Some regarded it as a legitimate recovery of costs, while others saw it as a potential barrier to volunteering
There will be no attempt to recover the cost of free scheme membership applications where the individual goes on to paid work in the regulated workforce. Instead, the rules regarding the payment of fees will be consistent regardless of how an individual joined the scheme, with the costs for volunteers in the voluntary sector covered by a subsidy from Scottish Ministers.
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