Outrage after 100 Falkirk Council workers told to pay for own PVG background checks

Around 100 workers have begun a formal grievance procedure with Falkirk Council after being told they need to pay for background checks, despite not working with children or vulnerable adults.

GMB Scotland says that staff in the building maintenance team at Falkirk Council have been told a change to the rules means they are now included in the Protecting Vulnerable Groups (PVG) scheme.

According to the union, around 100 of the staff affected have now signed a formal grievance claiming the vetting is unnecessary and that asking affected staff to pay the £59 cost is unfair.

Raymond Smith, GMB organiser at the council, questioned the need for staff in the building division be vetted when they are not in regulated roles, in caring, teaching, supervising or supporting, with children or vulnerable adults.

He said there is no public safety reason for the scheme, run by Disclosure Scotland, to be extended and questioned the guidance to Falkirk Council, suggesting any trades person that is alone in a regulated building, must be vetted.

Mr Smith said: “Our members are not in those roles and largely carry out emergency repairs in regulated buildings or possibly empty flats in sheltered housing.

“If they need to be vetted so must every worker visiting the premises for any reason.

“Disclosure Scotland could not answer why, for example, a gas fitter from Falkirk Council visiting the building needs a PVG but a network engineer does not.”

The union has had meetings with council officials to raise workers’ concerns and urged the local authority to pay the costs of PVG vetting for workers while questioning the need for the additional checks with Disclosure Scotland.

Smith said staff with similar roles in other local authorities do not apparently require PVG checks and called for clarity on vetting guidelines.

He said: “We have no issue with all necessary vetting and background checks, but the scheme must be applied lawfully, proportionately, consistently and not a blanket approach.

“There seems little need for these workers to be vetted at all and there is certainly no justification for asking them to pay for it.

“It will achieve little apart from raising revenue for Disclosure Scotland.”

A spokesperson for Falkirk Council said: “The PVG Scheme operates Scotland-wide and ensures those working with vulnerable groups have appropriate checks in place. With national criteria setting out which posts require membership of the Scheme, it aims to reduce any risk to the most vulnerable in our communities.

“The Scheme has been in place since 2014 and was updated last year, including changes to the membership criteria. All Council posts have been assessed against this to ensure this legislation is applied appropriately. All employees in the Council pay for the cost of membership.

“Any employment issue is managed in line with our internal policies. We are unable to comment on any specific case.”

A Disclosure Scotland spokesperson also said they could not comment on individual cases.

The spokesperson said: “The Disclosure (Scotland) Act 2020 enhanced safeguarding in Scotland by making the Protecting Vulnerable Groups scheme (the PVG scheme) a legal requirement for anyone carrying out a regulated role. The Protection of Vulnerable Groups (Scotland) Act 2007 sets out the criteria for a regulated role.”

“Individuals and organisations should review the legislative criteria to determine if they are carrying out, or offering, a regulated role. Disclosure Scotland have published guidance, and provide training and advice, to help individuals and organisations to determine if a job is a regulated role

“It is a criminal offence to require a PVG scheme disclosure for a role that is not a regulated role”