Making referrals to the POVA list
Please note: The information contained in this guide is now out of date and it should be used for reference purposes only. For current information about the Vetting and Barring scheme please visit the Independent Safeguarding Authority website.
What happens after referral?
Practice point: First-tier (Care Standards) Tribunal
The First-tier (Care Standards) Tribunal is an independent judicial body first established as the Care Standards Tribunal under the Protection of Children Act 1999. There are two situations in which a referred or listed individual can appeal to the Care Standards Tribunal:
- once they are confirmed on the list or
- after they have been listed for 10 years (or five years if the individual was under the age of 18 at the time of listing).
Employers are likely to be involved in the first situation but not the second.
The evidence to prove whether or not misconduct took place comes under close scrutiny at the appeal stage, as does that surrounding the carer’s suitability or otherwise. In particular, the tribunal will closely consider the ‘what’, ‘when’, ‘who’, ‘how’ and ‘why’ of what happened. Documentary and other ‘hard’ evidence surrounding these questions are, therefore, very important. Employers should keep copies of all relevant documents, and there should be a clear audit trail.
In addition, given the nature of care work, witness evidence is often vital. As a result, it is important that the care organisation not only carefully handles ‘hard’ evidence, but also keeps in close contact with witnesses, even when they subsequently leave their employment.
Example
In a recent appeal case, witness evidence was crucial in reaching the conclusion that the carer be confirmed on the POVA list. However, by the time of the appeal, out of four key witnesses only one was available to come to the hearing. Of the other witnesses, one had unfortunately died, but the two others could not be contacted because they had left the care organisation's employ and no one had kept in touch with them. As a result, there was no option but to withdraw from the appeal, as there was no hope of proving either the misconduct or unsuitability.
The Tribunal has issued its own guidance on how to use its services and how to lodge appeals. This is available on its website. Printed copies of it are available from: First-tier (Care Standards) Tribunal Secretariat 18 Pocock Street London SE1 0BW
