The Protection of Vulnerable Adults (POVA) scheme was introduced in July 2004 to protect vulnerable adults aged 18 years and over in care settings in both England and Wales. At its heart is the POVA list operated by the Department for Education and Skills (DfES). Employers - including voluntary and adult placement managers - are required to check the POVA list when recruiting workers, carers or volunteers in regular contact with vulnerable adults. They are also required to make a referral to the list whenever a worker, carer or volunteer is reasonably considered to be guilty of misconduct that has harmed or placed a vulnerable adult at risk of harm. When an individual's name is placed on the POVA list, that person is not able to work with vulnerable adults until his or her name is removed from the list.
SCIE have produced a practical guide to making referrals which gives clear guidance when considering this difficult issue.
The POVA scheme is designed to give significantly greater protection to vulnerable adults than has previously been the case. Care providers will have a statutory duty to check that potential new care workers are not on the POVA list before allowing them to work in a care position. They will do so as part of the CRB Disclosure application process.
Care providers also have a responsibility to refer care workers to the POVA list where such workers have harmed vulnerable adults in their care.
All registered providers of care homes and domicliary care agencies must obtain a copy of the guidance as soon as possible, and advise their staff accordingly.
The guidance gives full details of the scheme, including how to request checks and make referrals. It also describes the arrangements for conditional employment pending receipt of a CRB Disclosure. It can be found on the Department of Health website. For a quick find type “vulnerable adults” into the search box.
A copy of the guidance and a summary of the process of applying for a POVA check can be found below.
Click here to download Guidance from the Department of Health (48KB)
Autumn 2008 - Update from CRB
From winter 2008, the new Independent Safeguarding Authority (ISA) will take over responsibility from the Secretary of State (SoS) for the making of barring decisions on new referrals under the POCA, POVA and List 99 schemes. This change forms part of the transitional arrangements for the period up to the launch of the new Vetting and Barring Scheme (VBS) in October 2009.
What you may notice is a slight change of wording printed on a CRB check if someone is barred. This is to reflect the fact that the decision to bar was taken by the ISA and not the SoS.
For more information click here to visit the Criminal Records Bureau (CRB).
Click here to read Sandy Adirondack's legal update on the changes.
Click here to visit the Independent Safeguarding Authority (ISA) website
For more details on the changes to the POVA scheme visit the Department of Health Vulnerable Adults page or click here.
For FAQ's from the Independent Safeguarding Authority on the new vetting and barring scheme due to be launched in October 2009 click here.