Duty to Refer

Make a Referral to Disclosure Scotland

Regulated work is defined by the Protection of Vulnerable Groups (Scotland) Act 2007 as “activities which a person does or establishments in which a person works.  The definition of regulated work is designed to be broad enough to safeguard children and protected adults from unsuitable people who could pose a risk to them.”

As pharmacy owners, you will have employees carrying out regulated work, providing healthcare services to vulnerable groups. Because of this, you have a duty of care to report any harmful behaviour that might affect whether the person is allowed to work with children or protected adults. This applies whether the person is a member of the PVG Scheme or not.

In the unfortunate circumstance that you need to make a report, you must make a referral to Disclosure Scotland explaining what’s happened. This only has to be done if the harmful behaviour resulted in the person involved being dismissed, (including where they would have been dismissed, but left before they could be) or were transferred permanently away from work with children or protected adults. Find out more about Duty to Refer.