PVG

Angus Files made this Freedom of Information request to Argyll and Bute Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The authority would like to / has responded by postal mail to this request.

Dear Argyll and Bute Council,

Can you confirm that you are indeed in line with other Councils in Scotland carrying out the enhanced PVG check on all Councillors on your Education and Community Service Committee.

Does the Council from the Chief Executive down have PVG checks in place.

Yours faithfully,

Angus Files

Administrator, Argyll and Bute Council

Dear Angus Files

Request for information: Freedom of Information request - PVG

Thank you for your information request which we have logged as reference
argyllbuteir:7080.

It has been passed to the relevant service(s) for attention and you should
receive a response under either the Freedom of Information (Scot) Act 2002
or the Environmental Information (Scotland) Regulations 2004 by 2017-06-05
00:00:00.

Please quote the reference number above in any correspondence you may have
with the Council in regard to this request.

Regards

FOI Officer

Jackson, Iain, Argyll and Bute Council

3 Attachments

Classification: OFFICIAL

Dear Mr Files

 

Request for information: Freedom of Information request - PVG

Reference: argyllbuteir:7080.

 

I refer to your request for information (below) which was dealt with in
terms of the Freedom of Information (Scotland) Act 2002 (FOISA). I can
respond to each as detailed below.

 

1.            Can you confirm that you are indeed in line with other
Councils in Scotland carrying out the enhanced PVG check on all
Councillors on your Education and Community Service Committee.

 

I’ve refused this part of your request in terms of section 25 of FOISA as
the information is otherwise accessible to you. I can explain that we
previously provided this information to you in our response to request
argyllbuteir:6714 and confirmed in the review response that the Community
Services Committee deals with issues relating to the provision of
Education, in effect, there is no Education Committee.

 

2.            Does the Council from the Chief Executive down have PVG
checks in place.

 

There are 3680 posts within the Council that require PVG’s and our
recruitment process is for the PVG to be checked before putting someone in
a post.

 

Please find attached the current policy on PVG’s please note that it is
currently being updated and a revised version will be issued when
approved.

 

If you are dissatisfied with the way in which your request for information
has been dealt with you are entitled to request a review by writing to the
Executive Director Customer Services, Argyll and Bute Council, Kilmory,
Lochgilphead, Argyll PA31 8RT, or by email to [1][Argyll and Bute Council request email]

 

Your request for review must state your name and address for
correspondence, specify the request for information to which your request
for review relates and why you are dissatisfied with the response. 

 

You must make your request for review not later than 40 working days after
the expiry of the 20 working day period for response to your initial
request by the Council, or not later than 40 working days after the
receipt by you of the information provided, any fees notice issued or any
notification of refusal or partial refusal.

 

If you make an application for review and remain dissatisfied with the way
in which the review has been dealt with you are entitled to make an
application to the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St Andrews, Fife KY16 9DS (Tel: 01334 464610) for a
further review. You can now do this online here - 
[2]www.itspublicknowledge.info/Appeal   

 

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review.

 

Yours sincerely

 

Iain Jackson [5]CSE Small (7)

Governance and Risk Manager

Argyll and Bute Council

Governance and Law

Kilmory

Lochgilphead

Argyll

PA31 8RT

Tel: 01546 604188

[mobile number]

 

E-mail: [3][email address]

 

[4]www.argyll-bute.gov.uk  'Realising our potential
together'

 

[6]cid:image006.jpg@01D2D2F3.EA8953C0

 

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Dear Jackson, Iain,
Thank you for your reply.

I am requesting a review please.
1. The question has not been answered just now or previously and I ask again which level of PVG membership the, members of the Children and Families and Adult Social Work Services Committee have?Can you clarify if they have basic - standard-enhanced PVG membership ?.A `Standard PVG` would be in line with other Councils for the Children and Families and Adult Social Work Services Committee that covers and is relevant to relating to children and families and adult social work services, criminal justice services, child and adult protection, corporate parenting, school hostels and community justice social work services.?
I am not disputing whether your Education Committee sits on this board thats an argument your having with yourself and is nothing more than a `false flag`and distracts from the question above.

2.The Council still haven't clarified the question - from the Chief Executive down, do they all have a PVG is the Chief Executive and his immediate staff included in the checks?.Bearing in mind the Council missed the two Councillors that were supposed to have one before.

Yours sincerely,

Angus Files

Dear Argyll and Bute Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Argyll and Bute Council's handling of my FOI request 'PVG'.

I have not received a reply.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

Yours faithfully,

Angus Files

Sinclair, David (Risk Management Assistant), Argyll and Bute Council

1 Attachment

Dear Mr Files

 

Thank you for your e-mail below, I can confirm that your request is
currently undergoing an internal review and you should receive a response
by 30^th June 2016

 

Please accept our apologies for not acknowledging that your request had
been passed for review

 

Regards,

 

[1]David Signature

 

 

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Hendry, Douglas, Argyll and Bute Council

Mr Files

 

Section 20 Review: argyllbuteir:7080

Freedom of Information (Scotland) Act 2002 (FOISA)

 

I refer to your email of 2 June 2017 in which you requested a review of
how we dealt with your information request dated 5 May. 

 

I’ve considered the response and I am content that in applying the
exemption contained in section 25 of FOISA, the first part of your request
was responded to correctly. The information you asked for was previously
sent to you in our responses to your earlier request reference
argyllbuteir:6714. 

 

You asked for clarification of whether the Members of the Community
Services Committee have a basic, standard or enhanced PVG. PVG’s are not
broken down in this way and you may be mistaking them with the breakdown
of disclosure checks. 

 

In line with section 15 of FOISA, I can advise that following the Local
Government Election in May, we are in the process of obtaining PVG checks
for all new Members of the Community Services Committee. 

 

As far as the second part of your request is concerned, The Protection of
Vulnerable Groups (Scotland) Act 2007 sets out the criteria, based on
which, there is a requirement for a staff member to be PVG checked. The
criteria take account of the terms of their job description and whether or
not their role requires them to undertake regulated work with children
and/or protected adults. 

 

Disclosure Scotland provide the checks and they will not allow us to
obtain a PVG check for any post which does not meet the criteria within
the legislation. I’ve attached a list of job titles which require a PVG
check. 

 

I’ve also detailed below a list of staff who report direct to the Chief
Executive within the Council that have a PVG check. 

 

If you are dissatisfied with the way in which the review has been dealt
with you are entitled to make an application to the Scottish Information
Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife KY16 9DS
(Tel: 01334 464610) for a review. 

 

You must make representation to the Scottish Information Commissioner no
later than 6 months after the date of receipt by you of the notice or
decision you are dissatisfied with or within 6 months of the expiry of the
period of 20 working days from receipt by the Council of your request for
review. 

 

If you make an application for a further review to the Scottish
Information Commissioner and remain dissatisfied by the decision then you
may appeal on a point of law to the Court of Session. 

 

Yours sincerely

 

 

Douglas Hendry 

Executive Director – Customer Services 

 

 

 

Cleland Sneddon No
Douglas Hendry Yes - child
Pippa Milne No
Ann Marie Knowles Yes – child
3 Administrative Support staff and direct report Head of No
Service

 

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Argyll and Bute Council classify the sensitivity of emails according to
the Government Security Classifications. The adopted classifications are:

NOT PROTECTIVELY MARKED
Non public sector business i.e. does not require protection.

OFFICIAL
Routine public sector business, operations and services.

OFFICIAL-SENSITIVE
Particularly sensitive information that can be shared on a need to know
basis, where inappropriate access or release could have damaging
consequences. Disclosure in response to FOISA should be verified with the
data owner prior to release.

OFFICIAL-SENSITIVE PERSONAL
Particularly sensitive information that can be shared on a need to know
basis relating to an identifiable individual, where inappropriate access
or release could have damaging consequences. For example, where relating
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OFFICIAL-SENSITIVE COMMERCIAL
Commercial or market-sensitive information, including that subject to
statutory or regulatory obligations, that may be damaging to Argyll and
Bute Council, or to a commercial partner if improperly accessed.
Disclosure in response to FOISA should be verified with the data owner
prior to release.

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Dear Mr Hendry,
Thank you for your reply yes you are correct I have got the subject matter muddled a bit.

"You asked for clarification of whether the Members of the Community
Services Committee have a basic, standard or enhanced PVG. PVG’s are not
broken down in this way and you may be mistaking them with the breakdown
of disclosure checks. "

Can you confirm the disclosure check required to sit on the CSC. I see that Lothians Council and other councils such as Ayr require a Standard disclosure check which as you know is a more in depth check than a basic but below an enhanced check.

I cannot find any supporting information where Disclosure Scotland set the bar for the requirements for each committee and I gathered this was left to the Chief Executive to set as he/she is ultimately responsible for this.Can you guide me to your interpretation of this please.

Yours sincerely,

Angus Files

Hendry, Douglas, Argyll and Bute Council

Classification: OFFICIAL

Dear Mr Files

Thank you for your email below, this is receiving attention.

Kindest regards
Susie

Susie Mills
Personal Assistant to
Douglas Hendry, Executive Director – Customer Services/Monitoring Officer

Complaint Coordinator - Customer Services

Argyll and Bute Council

Telephone: 01546604452
Email: [email address]

Argyll and Bute – Realising our potential together

www.argyll-bute.gov.uk

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Hendry, Douglas, Argyll and Bute Council

Classification: OFFICIAL

Dear Mr Files

Further to my email below of 3rd July, I can confirm that your email has been passed to the Council's Governance and Risk Manager to pick up and respond direct. You will receive a response from Mr Jackson in early course.

Kindest regards
Susie

Susie Mills
Personal Assistant to
Douglas Hendry, Executive Director – Customer Services/Monitoring Officer

Complaint Coordinator - Customer Services

Argyll and Bute Council

Telephone: 01546604452
Email: [email address]

Argyll and Bute – Realising our potential together

www.argyll-bute.gov.uk

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