Organisations that need to refer
It’s not just employers and voluntary organisations that have to make referrals. Other organisations have to refer too, such as:
- regulatory bodies
- councils and integration joint boards
- employment agencies
- personnel suppliers
- courts
- Police Scotland
Any organisation that decides to remove someone from a regulated role needs to make a referral, even they do not employ the person directly in paid or voluntary work.
Regulatory bodies
Regulatory bodies must make a referral if they think that someone they’re regulating has shown harmful behaviour and if they believe no other body has referred the person.
Councils and integration joint boards
Councils may find evidence of harmful behaviour during child and adult protection investigations. If it involves a person receiving care through self-directed support, and no referral has been made, local authorities and health and social care partnerships can make a referral.
Employment agencies
If an employment agency thinks someone who's doing or who has done a regulated role has shown harmful behaviour, they must make a referral if they've decided not to do business with them or find a regulated role or them.
Personnel suppliers
Personnel suppliers who employ people to do a regulated a role for others must make a referral if they:
- dismiss the person because of harmful behaviour
- would have dismissed a person for harmful behaviour but they stopped doing the regulated role before they could be dismissed
- have decided not to offer or supply the person for a regulated role because of harmful behaviour
Court referrals
A court must refer people if they're convicted of certain offences. They can also refer people if they're convicted of an offence that the court decides is serious enough to bar (prevent) them from regulated roles with children or protected adults.
Police Scotland referrals
PVG scheme membership is a legal requirement for anyone doing a regulated role with children or protected adults. Police Scotland must make a referral if they consider that a person is or has been doing a regulated role while not participating in the PVG scheme.