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Disclosure Scotland – Further guidance during Covid-19 on PVG applications

Please see below for latest guidance from Disclosure Scotland on PVG applications during Covid-19

In relation to identity for PVG’s I have included the details provided in the DS Code of Practice below regarding identity. The guidance states that originals seen are better but ultimately it is for the organisation to determine the process they use and naturally given the current situation to physically see a person’s ID would be against the greater good of the current crisis and against government guidance so the proposal to scan seems very sensible.

Employers must satisfy themselves of the identity of those applying for positions or those already employed who are, for example, joining the PVG Scheme for the first time. Although Disclosure Scotland will conduct its own identity checks, these should be supplemented by the checks undertaken by organisations and employers. Whilst Disclosure Scotland may have a record of the types of documents which were viewed for identification purposes, it is recommended that employers retain details of identity checks undertaken in case of further enquiry by Disclosure Scotland.

Those countersigning or making a declaration on disclosure applications or requests should encourage those involved in the recruitment process to ask for documentary evidence of identity from individuals. It is required that three pieces of information are requested to support identification. Where possible one of these should be photographic (for example, a current passport, new style UK driving licence, a Young Scot card or a National Entitlement Card, etc.). One item of address related evidence containing the name and address of the individual and one item confirming the date of birth of the individual should also be sought. In the absence of photographic evidence, a full birth certificate with a date of birth confirmed will carry more weight than a copy issued more recently. Consistency between the supporting information and the information provided by the individual in his or her application or request tends to lead to a greater level of confidence in their identity.

Where an individual claims to have changed his or her name by marriage, common law relationships or any other mechanism, the employer should seek evidence of such a change.

A disclosure certificate or record issued by Disclosure Scotland must not be taken as evidence of identity.

Individuals who were born outwith the UK or who have lived outwith the UK

There are two issues to be considered regarding the appointment of individuals who were born or who have lived outwith the UK: the first relates to the identity of the individual and the second relates to checking his or her criminal record.

With regard to the identity of the individual, employers should take particular care during the recruitment process, ensuring they follow up references and undertake other relevant checks before making an appointment. Consideration should still be given to the information described above, albeit this will relate to foreign documents.

Registered persons should still request a criminal record check for an individual with no, or very little, address history in the UK. While it may seem to be of limited value to obtain a disclosure for such an individual, under the 2007 Act the individual will become a scheme member and subject to continuous updating which will provide reassurance that the individual is not barred from regulated work and ensure that a registered person will be notified if the barred status changes.

Employers can ask prospective employees and existing members of staff to provide a criminal record certificate, where available, from their government or an appropriate government/police agency in the country where they were born and or resided.

It is suggested that the onus is put onto the individual to provide details of their criminal conviction history from their home country or countries of previous residence. It should be remembered, however, that these may require to be translated from the relevant language into English and they may contain details of offences which may not have a direct equivalent or similar offence in Scots law. Disclosure Scotland has no role in this process and the individual or the employer has to meet any additional cost.

 

 

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Covid-19 Webinar: open to members & non-members – 26 March

Our next Covid-19 webinar will take place on Thursday 26 March at 3:00 pm, our CEO, Dr Donald Macaskill and our National Director, Karen Hedge will be able to answer your questions on this subject matter.

Please note, this webinar is open to Scottish Care members and external partners, colleagues and organisations and requires registration to access the webinar link.

If you are interested in attending please click this link to register: https://zoom.us/webinar/register/WN_3oN1BocQQ1SVAGd6ixpvhw

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Disclosure Scotland update on PVG’s

Please see below for update from Disclosure Scotland regarding PVG’s during the Covid-19 pandemic. 

Disclosure Scotland is working closely with the Scottish Government and key stakeholders on our response to the COVID-19 pandemic. We have invoked our Business Continuity plans to prevent any disruption to our safeguarding services at this time of crisis.

We will prioritise checks for those who have the most sensitive roles in supporting this crisis. The criteria for prioritisation is based upon the role, namely:

  • Healthcare
  • Pharmaceutical
  • Childcare
  • Social work
  • Social care
  • Prisons and justice

Disclosure Scotland recognises the urgency in the current situation. If you have urgent applications that need to be prioritised because of COVID-19 please contact us on [email protected] with the application barcode and ‘position applied for’ – please ensure that you only use this email for critical applications, submit other applications in the normal way. When sending an urgent application through the post, please ensure the envelope is marked ‘urgent’.

If you are submitting urgent applications related to COVID-19 in the following weeks please contact our dedicated helpline on 0141 302 8511. We will want to plan with you how we go about doing this most efficiently. We are actively planning ways to be even more responsive to this crisis and we will keep our customers informed about any changes we are making to the PVG process.

To ensure Disclosure Scotland can rapidly react to the changing environment, the UK Coronavirus Bill introduced into the UK Parliament yesterday contains two provisions about the PVG Scheme.  The first provision means organisations recruiting staff ahead of a PVG check can do so without the risk of committing an offence. Barred individuals who seek to exploit this will be reported to Police Scotland. The second change will allow Disclosure Scotland to process all PVG disclosures as if a check of the UK barred lists had been requested. Once these changes have been brought into effect, Disclosure Scotland will engage with stakeholders, setting out what they will mean in practice. 

As the situation develops and evolves, the list of prioritised sectors may changes as Disclosure Scotland identifies other sectors with roles critical to supporting the Scottish Government during this crisis.

Thank you for your patience during this critical time

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Citation Covid-19 & Good Work Plan Webinar

We were delighted to have Gillian McAteer, Solicitor from preferred supplier Citation to guest host a webinar last week.

In this session, Gillian gave a brief update regarding coronavirus (Covid-19), particularly given the questions this raises regarding employment status, rights and sick pay entitlement.

Click here to read Citation’s answers to some of most frequently asked questions they’ve had around both the Health & Safety and HR and Employment Law implications of coronavirus, plus their practical steps on how to move forward safely and keep your people and premises safe.

Gillian also spoke about The Good Work Plan, which is dubbed as ‘the biggest overhaul of employment law in 20 years’. She focused on changes incuding an increase in the holiday pay calculation period, increased protection for agency workers, a written statement of particulars of employment from day one.

You can view a recording of the webinar by clicking the button below.

Citation: Covid-19 & The Good Work Plan Webinar – 20 March 2020

Free guides and resources 

Here are some popular relevant resources that are free-to-access from Citation :

Citation’s complete archive of free guides and resources can be accessed here.

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NHS NSS triage centre for social care PPE supplies update

Please contact the triage centre with any requests via the phone number 0300 303 3020 and not the email address in the previous NHS NSS triage centre post. The ‘double entry’ route was causing confusion and delays in the process.

From today, all emails to the triage centre will receive an automatic reply directing to the phone number.

When contacting the helpline,  providers will be required to:

– Answer a series of short screening questions 

– Confirm they have fully explored business as usual procurement routes

– Confirm they have a suspected or confirmed case of COVID-19 and therefore have a need for Personal Protective Equipment (PPE)

– Provide their Care Inspectorate registration number

 

The helpline will be open 8am – 8pm, 7 days a week.

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Luminate@Home – launch of new online creative programme

Today Luminate – Scotland’s creative aging organisation – in partnership with Scottish Care will be launching Luminate@Home, a new programme of short online films demonstrating creative activities for you to do wherever you are.

The activities will be presented by professional artists and will feature different arts forms including crafts, poetry, music and dance.  We’ve developed the films in partnership with Scottish Care, and they are aimed at people living in their own homes, as well as care home staff who are looking for ideas of activities for residents.

Join us at 2pm today for our first activity, led by visual artist Christine Hilditch.

We understand that this is a worrying and difficult time for everyone, especially if you are having to spend the next few weeks isolated at home or in your care home, and we hope that you will find the activities enjoyable and engaging to do over the next few weeks.

Films will be posted every Tuesday and Friday at 2pm on our website and Facebook page as well as on our Vimeo and YouTube channels. Once posted, the films will be left online so you can access them at any time.

Enjoy the films and stay safe from all at Luminate.

 

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Government Loan Scheme for Covid-19 impacts on businesses

Coronavirus Business Loan Scheme (CBIL Scheme),

Coronavirus Business Interruption Loan Scheme (CBILS) Facts:

What is the Coronavirus Business Interruption Loan Scheme (CBILS)?

CBILS is a new scheme that can provide facilities of up to £5m for smaller businesses across the UK who are experiencing lost or deferred revenues, leading to disruptions to their cashflow. CBILS supports a wide range of business finance products, including term loans, overdrafts, invoice finance and asset finance facilities.

Please note: This scheme is just one of a number of measures announced by Government and you can find full details of the temporary, timely and targeted measures to support public services, people and businesses through this period of disruption caused by COVID-19 on the Government website.

When can I access the scheme?

The scheme went live on Monday 23 March and will initially run for six months.

What are the key features of CBILS?

CBILS guarantees facilities up to a maximum of £5m available on repayment terms up to six years for term loans and asset finance. For overdrafts and invoice finance facilities, terms will be up to three years. The scheme provides the lender with a government- backed partial (80%) guarantee against the outstanding facility balance.

There is no guarantee fee for SMEs to access the scheme. Lenders will pay a fee to access the scheme. The Government will make a Business Interruption Payment to cover the first 12 months of interest payments and any lender-levied fees.

1:  You (the SME) will therefore benefit from no upfront costs and lower initial repayments.

2:  At the discretion of the lender, the scheme may be used for unsecured lending for facilities of £250,000 and under. For facilities above £250,000, the scheme requires the lender to establish a lack or absence of security prior to businesses using CBILS.

Primary Residential Property (PPR) cannot be taken as security under the scheme. 

If the lender can offer finance on normal commercial terms without the need to make use of the scheme, they will do so.

Please note: It’s important that you are aware that you, the borrower will always remain 100% liable for the debt. The CIBLS guarantee is to the lender, not you, the SME.

1: Following earlier discussions with the banking industry, some lenders indicated that they would not charge arrangement fees or early repayment charges to SMEs borrowing under the scheme. HM Government greatly appreciates this approach by lenders.

2:  The scheme provides the lender with a government-backed guarantee potentially enabling a ‘no’ credit decision from a lender to become a ‘yes’.

 How do I know if I’m eligible to apply?

Smaller businesses (SMEs) from all sectors can apply for the full amount of the facility, up to a maximum of £5m.

To be eligible for a facility under CBILS, your business must:

  • Be UK based in its business activity with annual turnover of no more than £45m
  • Have a borrowing proposal which, were it not for the COVID-19 pandemic, would be considered viable by the lender, and for which the lender believes the provision of finance will enable your business to trade out of any short-to-medium term difficulty
  • If the lender can offer finance on normal commercial terms without the need to make use of the scheme, they will do so.

How can I access the scheme?

CBILS is available through the British Business Bank’s 40+ accredited lenders, which are listed on the British Business Bank website here.

In the first instance, businesses should approach their own provider – ideally via the lender’s website. They may also consider approaching other lenders if they are unable to access the finance they need.

Decision-making on whether you are eligible for CBILS is fully delegated to the 40+ accredited CBILS lenders. These lenders range from high-street banks, to challenger banks, asset-based lenders and smaller specialist local lenders.

Note: if the accredited lender can offer finance on normal commercial terms without the need to make use of the scheme, they will do so.

Additional application notes:

Given there is likely to be a big demand for facilities once the scheme goes live, we ask you to please:

  • Consider applying via the lender’s website in the first instance. Telephone lines are likely to be busy and branches may have limited capacity to handle enquiries due to social distancing
  • Consider the urgency of your need – it is possible that some businesses may be looking for regular longer-term finance rather than ‘emergency’ finance, and there may other businesses with a more urgent need to speak with a lender

What are the fees to borrow under CBILS?

There is no guarantee fee for SMEs to use the CBILS scheme. Lenders will pay a fee to access the scheme.

The following trades and organisations are not eligible to apply: Banks, Building Societies, Insurers and Reinsurers (but not insurance brokers); The public sector including state funded primary and secondary schools; Employer, professional, religious or political membership organisation or trade unions.

What types of finance are available and who offers which type?

CBILS supports a wide range of business finance facilities, including:

  • Term loans
  • Overdrafts
  • Asset finance
  • Invoice finance

Note: Not every lender can provide every type of finance listed.

CBILS is available through the British Business Bank’s 40+ accredited lenders, which are listed on the British Business Bank website.

What types of businesses is CBILS for?

The scheme is designed to support smaller businesses (SMEs) who don’t meet a lender’s normal lending requirements for a fully commercial loan or other facility, but who are considered viable in the longer-term.

Is the scheme appropriate for Start-ups?

Potentially, if your business activity is primarily UK-based. For early stage businesses in their first two years of trading, the British Business Bank’s Start Up Loans programme (loans £500 to £25,000 at 6% p.a. interest) may be more suitable.  Visitwww.startuploans.co.uk for more information.

Will I need security to get a CBILS-backed loan?

At the discretion of the lender, the scheme may be used for unsecured lending for facilities of £250,000 and under. For facilities above £250,000, it requires the lender to establish a lack or absence of security prior to businesses using CBILS. Primary Residential Property (PPR) cannot be taken as security under the scheme.

Note: If the lender can offer finance on normal commercial terms without the need to make use of the scheme, they will do so.

Do I need to evidence that I have a viable business?

Yes. You must show in your borrowing proposal that were it not for the COVID-19 pandemic, your business would be considered viable by the lender, and for which the lender believes the provision of finance will enable your business to trade out of any short-to-medium term difficulty.

I have an existing EFG Facility with my lender that I need to discuss. What do I do?

If you have a query about an active EFG facility, you should approach your current provider – ideally via their website, and not the British Business Bank.

Are there any restrictions on a Borrower refinancing their EFG Facility to a CBILS Facility?

If you have a query about an active EFG facility, you should approach your own provider – ideally via their website – and not the British Business Bank. Any request for re- financing an existing EFG facility will be at each individual Lender’s discretion, be subject to certain limits, and you meeting the CBILS eligibility criteria.

What’s happening to the old Enterprise Finance Guarantee Scheme (EFG)?

The EFG scheme is temporarily suspended at this point in time. If you wish to apply for a financing facility, your lender will be able to assess if you are eligible under CBILS.

 How long will CBILS run for?

CBILS will initially run for six months.

Will the CBILS funds run out so I can’t access the scheme?

No. Government has confirmed that the amount of funding available under the scheme will be demand-led. Therefore there is no immediate need to approach a lender if you do not need finance in the short-term. The scheme will initially run for six months.

Are sole traders / freelancers eligible?

Yes, as long as the business activity is operated through a business account. The scheme is open to sole traders, freelancers, body corporates, limited partnerships, limited liability partnerships or other legal entity carry out a business activity in the United Kingdom, with annual turnover of up to £45m, operating in all sectors.

The business must generate more than 50% of its turnover from trading activity.

Can Lenders take a Personal Guarantee to cover the 20% loss that the Bank will make?

No, if a lender makes a claim on the CBILS guarantee it will be after the lender has completed its normal recovery procedures (including realisation of any Personal Guarantees). The CBILS guarantee covers 80% of the lenders post recoveries claim. The lender will always suffer a 20% loss when claiming on the CBILS guarantee.

I have had de minimis aid in the past, can I still get a loan?

Yes, as long as you meet the scheme’s eligibility criteria. Any previous de minimis state aid does not impact your eligibility for CBILS and does not need to be taken into account by the Lender. CBILS operates as a notified scheme rather than under de minimis as EFG did. There is no interaction between any de minimis state aid previously received by a business and the size of the CBILS facility they can access, should they be eligible.

I am getting other kinds of aid to help respond to COVID-19 – can I still get a loan?

Yes. The eligibility criteria for CBILS does not require Lenders to take into account the other forms of government support that SMEs may be benefiting from e.g. business rate reliefs or grants unrelated to the CBIL scheme.

How is CBILS different from the EFG scheme?

CBILS is a new scheme. It is different from EFG in a number of ways.

  • CBILS provides the lender with an 80% government backed partial guarantee against the outstanding facility balance, subject to an overall portfolio cap. Under EFG this was 75%
  • There is no guarantee fee for SMEs to use CBILS.
  • The following trades and organisations are not eligible to apply: Banks, Building Societies, Insurers and Reinsurers (but not insurance brokers); The public sector including state funded primary and secondary schools; Employer, professional, religious or political membership organisation or trade unions.

The Government will make a Business Interruption Payment to cover the interest and any lender-levied fees in the first 12 months of any CBILS facility, so smaller businesses will benefit from no upfront costs and lower initial repayments (originally announced as 6 months). Following earlier discussions with the banking industry, some lenders indicated that they would not charge arrangement fees or early repayment charges to SMEs borrowing under the scheme. HM Government greatly appreciates this approach by lenders.

If you have any further questions please contact your current provider, not the British Business Bank.

Legal Notices

The Coronavirus Business Interruption Loan Scheme (CBILS) is managed by the British Business Bank on behalf of, and with the financial backing of the Secretary of State for Business, Energy and industrial Strategy (BEIS).

British Business Bank plc is the holding company of the group operating under the trading name of British Business Bank. It is a development bank wholly owned by HM Government which is not authorised or regulated by the Prudential Regulation Authority (PRA) or the Financial Conduct Authority (FCA). The British Business Bank operates under its own trading name through a number of subsidiaries, one of which is authorised and regulated by the FCA. British Business Bank plc and its subsidiary entities are not banking institutions and do not operate as such. Accordingly, none of the British Business Bank group of companies takes deposits or offers banking services. A complete legal structure chart for British Business Bank plc can be found at www.british-business-bank.co.uk

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Our CEO speaks to the Telegraph about the use of tech in care homes

How care homes are using tech to  ward off loneliness for the elderly

As the older part of the population get ready to isolate for months on end, technology can play a key role in keeping them connected

They were the images that touched the heart of a nation at a time when it needed it the most. 

Over the weekend, carers at Bentley Manor Care Home in Crewe created uplifting clips and photos of elderly residents sending virtual well wishes to their family of friends amid the coronavirus lockdown. 

“[The images] went mad on Facebook,” says Home manager Andrea Fjodor, 52. “Everyone kept commenting ‘please keep putting the pictures on!’ because they love the messages.

“We just wanted to keep up with communication because without it, it would have a detrimental effect on our residents, and to send out messages to tell their families we’re ok.”

Bentley Manor is just one of many care homes using technology to help its elderly residents stay connected with the outside world. 

Donald Macaskill is the chief executive of care sector representative group Scottish Care. He says that some care homes have been using technology for some time to keep people in touch but that its necessity now was more paramount than ever before.

“We’re hearing of family members coming in with iPads and tablets once they’re cleaned and appropriately checked. There are people giving spare tablets into different care homes across the country.”

Such is the generosity of people across the country that a centralised tablet bank system is being considered in order to manage the donations and equally benefit the care community.

He explains that calls are made to loved ones predominantly using tablets and through apps like FaceTime, Skype, and Zoom.

“Given the age of the individuals we’re talking about it’s mainly the tablet. Phones aren’t really useful because of visual impairments,” he says.

“It always amazed me that we have this presumption that older individuals can’t cope with technology. But I’ve met very few who, once are supported and understand how to use it, don’t find it a benefit and asset to them.”

Loneliness is often cited as a hidden “killer” among older people. With stunted mobility and being typically less connected through the internet like the rest of us, social interactions can be more taxing.

Isolation and loneliness are already considered to be an epidemic among the elderly in the UK. Estimations from Age Uk suggest that around two million people in England live alone, and that more than half of them go without speaking to a friend, neighbor, or family member for a month.

As Health Secretary Matt Hancock has flagged, people over the age of 70 will be asked to self-isolate themselves from society for up to four months to protect against the virus.

But with that enormous ask comes a big chance for technology to address a social issue that has plagued society for generations. Can it bridge the gap between loved ones, distant relatives, old friends?

The looming isolation has forced families into planning sessions around how they’re going to care for their loved ones during this unprecedented period. New plans have been hatched and new responsibilities formed as the country’s most vulnerable are kept away from the deadly virus.

Cera Care is a high-flying home care start-up. In February it raised £53m to fund the expansion of its business. It uses technology to monitor patients’ conditions and match them with the most-appropriate carer. It also uses artificial intelligence to detect a problem with a patient before it develops into something more serious.

Co-founder Dr Ben Maruthappu says that its staff have been covered up with face masks, aprons, and gloves while checking in on patients on a daily basis.

“The health system is obviously under tremendous pressure but I think social care providers are in a brilliant position to look after people who are now on the verge of facing quarantine for a number of months,” he says.

“There are over a million people in this country over the age of 70 who stay in their homes and will need some help. Some of them will need groceries and all sorts of amenities and some will require support in their living to allow them to be protected at home.”

Dr Maruthappu says that technology has allowed the company to become much more “rapid” in its response to queries. Loved ones can also be updated on the status of their elderly relatives regularly. 

Similarly Anchor Hanover, one of the country’s largest care home providers, is using other technologies to keep people entertained. One of its systems, Memoride, connects Google Street View to a motion sensor to allow residents to cycle along roads they know, thus stimulating memories.

“Even though the doors are shut, there are other ways to keep them open,” says Ms Fjodor. “Technology is brilliant.”

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A front-line care worker’s story on Covid-19

This was sent after the Prime Minister’s speech on Monday evening when obviously carers were rightfully scared.

Tracy is a carer on a double up run who works with Lucerne Scotland. These are her words:

“Just a little word from me with having this virus.

I found out last Saturday I had it, it was confirmed at the hospital.

I have never felt so crap in my life, a really bad strain of the cold or flu, depends how each individual reacts to it, well mines was pretty serious.

I’m still getting over it and hope to be back at work next week, symptoms are now starting to subside so there is light at the end of the tunnel, which is the important thing.  

I’ve followed all the advice there is and can honestly say as long as you don’t let all this pandemic and lockdown get into your head you will be fine. 

Stay strong, stay safe and remember why you do this job. We are naturally caring people that can deal with difficult situations, don’t let the virus win even if you are unfortunate to come down with it. Positive thinking is the key to progress and our clients will need us more than ever now. 

People will see carers differently after all of this passes and you should be proud of yourselves to be what is essentially going to be in the history books! 

I’ve been reading the constant shift cover messages since I’ve been off and the support you are giving each other and working extra hard to ensure the client’s needs have been met is just amazing. 

 It’s ok to feel scared but there is so much support out there just now for these circumstances you won’t be alone. 

I’m happy to give advice separately from this chat if it will help anyone that is feeling anxious. Telephone …….. if you need a chat, confidential of course.  

Take care all.”