Safer Recruitment / Legal Definitions

The Pony Club has a duty of care to protect children and young people. Therefore, reasonable measures must be taken to avoid unsuitable people being able to gain access to young people, including disclosure checks and safeguarding training.

There are legal requirements that anyone carrying out a role in regulated activity / work must meet. These include the requirement to obtain a clear disclosure check and to attend an approved safeguarding course on a regular basis in order to fulfill their role effectively.

Regulated activity is defined as any role where a person has responsibility for children including:
• Unsupervised activities, i.e. coaching, training, teaching or instructing, caring for or supervising children
• Providing advice or guidance on well-being to children
• Driving a vehicle only for children.

Working for a limited range of establishments (known as ‘specified places’ and include schools and colleges) with the opportunity for unsupervised contact with children is also considered regulated activity.

This includes volunteers and those who are remunerated for their time and/or services.

Positions under the above criteria are only considered regulated activity if done on a regular or overnight basis.

• Regular is defined as any work carried out three days or more in a thirty-day period.
• Overnight is anyone who is with a group of children / adults at risk between the hours of 2am and 6am regardless of whether they are officially “on duty”, awake or asleep.

The full definition and example roles can be downloaded below.
Regulated Activity with role examples 2018

Regulated Work is defined as any role where the normal duties of an individual include:
• Caring for children
• Coaching, teaching, instructing, training or supervising children
• Being in sole charge of children
• Unsupervised contact with children under arrangements made by a responsible adult
• Providing advice and/or guidance which relates to physical or emotional well-being, education or training
• Moderating a public electronic interactive communication service intended for use by children, e.g. social media accounts.
• Providing a care home, independent health care or day care service for children
• Providing overnight accommodation or supervision
• Supervising and/or managing an individual doing regulated work with children

The Protection of Vulnerable Groups (Scotland) Act 2007 does not specify any particular frequency or duration that the regulated work must meet. Instead the activity or work must be considered as part of an individual’s normal duties.

Normal duties would be defined as an activity or work that an individual might be expected to do as part of their role. This is likely to include something that would be on the job description for the role, something that can reasonably be anticipated or something that occurs regularly. Any regulated work that comes under the bracket of normal duties will only need to be carried out on one occasion for a person to require a PVG check. For example, a coach who teaches at a training session once during the summer holidays will need a PVG check because teaching would be considered as the normal duties of a coach in their job description.

Normal duties exclude one-off occurrences and unforeseeable events, e.g. emergencies.

The full definition and example roles can be downloaded below.
Regulated Work with role examples 2018

Examples of those in regulated activity / work include, but are not limited to, the following positions:

• Area Representatives and Centre Coordinators
• District Commissioner, including joint and assistant
• Centre Proprietor or Manager
• Official
• Safeguarding Officer
• Chief Instructor, Coach, Instructor, Trainer or Mentor
• First Aider
• Camp / Event Supervisors
• Coach Supervisors
• Any adult supervising children / adults at risk overnight

All supervisors must at all times remain in full sight and sound of those they are supervising (whether they are Members, coaches or volunteers) for it to be considered supervision.

Examples of roles which are not normally considered regulated activity / work include:

• Caterers
• Judges
• General stewards
• Parents who only help their own child(ren)

 

 




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