SCIE Guide 12: Making referrals to the POVA list - Referrals
Please note: The information contained in this guide is now out of date and it should be used for reference purposes only.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.
Referrals
Expectations
Referrals made before 20 January 2009
Officials process the information and consider whether the individual should also be placed on the POCA (Protection of Children Act) list as well as the POVA list.
When all the available evidence is compiled, a recommendation about whether to list or not is made by the Independent Safeguarding Authority (ISA) to the Secretary of State for Health. If the referral is made after 20 January 2009, or before 20 January and the Secretary of State has not invited representations the ISA will make a decision whether or not to place the person on the adult’s barred list. The effect of the decision is that the person is barred from the same positions as the bar under the POVA scheme, that is care homes, domiciliary care agencies and adult placement schemes.
Individuals confirmed on the POVA list before 20 January have the right of appeal to the First-tier (Care Standards) Tribunal.
Referrals made after 20 January 2009
From 20 January 2009, all referrals made under the POVA scheme will be considered by the ISA who will make a decision whether or not to bar the referred person from working with vulnerable adults. The ISA will use procedures laid down under the Safeguarding Vulnerable Groups Act 2006. The duties of employers to make referrals to the POVA list and the circumstances under which referrals are made will remain the same. After that date appeals against inclusion on the list can be made only on points of fact or law to the Upper Tribunal.
For more information about referrals after 20 January 2009, see the ISA website at www.isa-gov.org.uk.
Practice overview
The processing of referrals often involves further collection of information and comment on it. The POVA/ISA team will make contact with the referring organisation and the referred individual throughout the process. Both sides will be given copies of all information and comments made.
The decision-making process may take time, and employers may be asked for further information and to comment on the referred individual’s observations. Employers and witnesses should be prepared to support their referrals when appeals are made to the First-tier (Care Standards) Tribunal.
Practice points in this section:
- What happens when referrals are received?
- Removing people from the confirmed list
- First-tier (Care Standards) Tribunal
