Organisations and personal employers
The law for the PVG scheme is different depending on whether the person involved is:
- an employee of an organisation
- a person hired by a 'personal employer' (for example, someone who gets direct payments and uses them to employ a personal assistant).
It's against the law for an organisation to employ someone to work with children or protected adults if they're barred from doing it.
It's also illegal for the barred person to do or seek to do this work.
Because of this, organisations should only employ people who are members of the PVG scheme. If they aren't, you should ask them to join the scheme so you can make sure they're allowed to do this type of work before you employ them.
It's not against the law for a personal employer to hire someone to work with children or protected adults if they're barred from doing it.
It's still illegal for the barred person to do this work though, and if they're found to be doing it they can be prosecuted.