A key foundation of all CLD practice is a duty of care to the people that CLD works with whether it is children, young people or vulnerable adults. Organisations, managers, practitioners and volunteers are expected to be able to understand and mange risk and to interpret and apply relevant legislation within their CLD context. This duty of care is clearly described within the CLD code of ethics and comes into sharp focus in relation to the legislation, policy and practices for protecting vulnerable adults and child protection. There are two aspects of interest here:

1. The Regulatory Framework relating to the arrangements for protecting vulnerable adults and child protection.

1. Good practice that creates safe environments where learners can thrive and grow.

In this section we highlight ….

• The Regulatory Framework – Protecting Vulnerable Groups or PVG Scheme
• Good Practice – Creating safe environments to enable learning
• Self assessment checklist – How well do I/we …
• Resource links

The Regulatory Framework – Protecting Vulnerable Groups Scheme (PVG Scheme)

On 28 February 2011, the Scottish Government introduced a new membership scheme to replace and improve upon the current disclosure arrangements for people who work with vulnerable groups. The Protecting Vulnerable Groups Scheme (PVG Scheme), which delivers on the provisions outlined in the Protection of Vulnerable Groups (PVG) (Scotland) Act 2007 will:

• help to ensure that those who have regular contact with children and protected adults through paid and unpaid work do not have a known history of harmful behaviour,
• be quick and easy to use, reducing the need for PVG Scheme members to complete a detailed application form every time a disclosure check is required,
• strike a balance between proportionate protection and robust regulation and make it easier for employers to determine who they should check to protect their client group.

Duty to refer

If an organisation or employer has employees or volunteers doing 'regulated work', they have a duty to report to Disclosure Scotland any harmful behaviour that might affect whether the person is allowed to work with children or protected adults. This is called making a referral.
Failure to make this referral to Disclosure Scotland (within the defined period) is an offence.

See this Disclosure Scotland Information Leaflet for further details.  

Download Leaflet PVG Duty to refer

Good Practice – Creating safe environments to enable learning

The legislative framework provided through the PVG scheme goes some way to protecting vulnerable people, but within the CLD environment it is important to take account of the different ingredients that create safe environments for learning. Building a safe CLD environment is a bit like building a jigsaw – you need to be aware of the different pieces that make up the whole picture. This includes a consideration of the situations and issues concerning:

• The CLD environment or premises.
• CLD activities or the learning programme.
• The people involved in delivering CLD services.

Safe and Sound – Building a safer youth work environment is produced by Youth Scotland to support youth work activities in youth groups. It provides information for guiding a holistic attitude towards creating safe learning environments for young people. The focus is on current practice or what happens now situations, and encourages youth groups to examine how these situations can change and improve. It is a template for good practice.

Self assessment checklist - How well do I/we:

• Understand my duty of care as a CLD practitioner?

• Know the procedures if there is a suspicion of child abuse?

• Review practice regarding how premises; activities; and people have an effect on safety issues?

• Support others in their safety practices in CLD?

• Know where I can get guidance information and advice about child protection and working with vulnerable adults?