SCIE Guide 12: Making referrals to the POVA list

Preface

The Protection of Vulnerable Adults (POVA) scheme was introduced on 26 July 2004 under the Care Standards Act 2000 to protect vulnerable people aged 18 years and over in care settings in both England and Wales. At its heart is the POVA list. Through referrals to and checks against the list, care workers who have harmed, or who have risked harm to, a vulnerable adult are banned from working in a care position with vulnerable adults. In addition, links are made to the Protection of Children Act (POCA) list.

In addition to the Criminal Records Bureau check, 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 for inclusion in the list whenever they have decided that, in their view, 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 (DH, 2004) and they have suspended, dismissed or moved that person to a non-care position.

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.
At the request of the Department of Health, SCIE has produced this guide for people making referrals under the POVA scheme. Easy to use, it translates what is known from policy and experience into ideas for good practice. It is designed to answer any questions on making referrals in practice, as well as providing food for thought for the future.

This second edition of the guidance reflects the interim arrangements made in advance of the full implementation of the Safeguarding Vulnerable Adults Act 2006 which will replace the current POVA scheme. From 20 January 2009 Responsibility for making barring decisions passes from the Secretary of State for Health to the Independent Safeguarding Authority (ISA).

 This means there are significant changes to how the POVA scheme is operated.

• The ISA will make decisions on all referrals made to the POVA scheme after 20 January 2009
• The ISA will also make decisions on referrals made to the POVA scheme before 20 January 2009 but where observations have not yet been sought
• Decisions by the ISA will be made in accordance with the Safeguarding Vulnerable Groups Act 2006 (e.g. whether to include an individual in the new ‘adults’ barred list’). 
• Individuals will not be listed ‘provisionally’ while the ISA considers their case
• Individuals who have been convicted of certain prescribed offences will be automatically barred by the ISA, and in the most serious cases, will not have the right to representations or to an appeal
• The effect of the decision by the ISA to bar a person from working with vulnerable adults will be to bar them from working in regulated social care services, that is care homes, domiciliary care agencies and adult placement schemes. When the new Vetting and Barring Scheme is launched, the bar will extend to all regulated activity under the Safeguarding Vulnerable Groups Act 2006
• Employers, local authorities, CSCI/CQC and regulatory bodies such as the General Social Care Council and the Nursing and Midwifery Council will have a new statutory duty to respond to requests from the ISA for further information. This duty relates to information you already hold, and will not require you to seek information from other sources.

Other areas of the POVA scheme remain in place. That includes duties of employers:

• to carry out a POVA check before employing a person in a care position.  The POVA check will automatically include a check against the ISA’s barred lists
• to make referrals where a person in a care position is dismissed (or otherwise is no longer in a care position) for harming  a vulnerable adult or putting them at risk of harm.

Although the order giving effect to these interim arrangements refers throughout to the Independent Barring Board, the Board works under the name of the Independent Safeguarding Authority. Accordingly this terminology has been used throughout this guidance.

This edition also reflects an important change in the advice given about making referrals when a person in a care position is suspended.  Your attention is drawn to When to make a POVA referral.