SCIE Practice guide 7: Making referrals to the POVA list

What happens after referral?

Practice point: Removing people from the confirmed list

There are only three ways in which individuals may seek removal from the POVA list:

• removal by the Secretary of State for Health
• appeal to the Care Standards Tribunal
• application for review of inclusion on the POVA list.

Removal by the Secretary of State for Health

An individual who is confirmed on the POVA list may ask the Secretary of State to have their name removed from the list. The Secretary of State can remove an individual from the list at any time if satisfied that the individual should not have been included on it. If the Secretary of State decides not to remove an individual from the list, that person will have the right of appeal to the Care Standards Tribunal.

Appeal to the Care Standards Tribunal

An individual who is confirmed on the POVA list has the right of appeal to the Care Standards Tribunal. Should the Secretary of State decide to be party to an appeal before the Tribunal, they will submit detailed witness statements and full background papers to the tribunal. The Secretary of State will expect the full co-operation of all providers in this process.

Application for review of inclusion on the POVA list when circumstances change

An individual included on the POVA list may make an application to the Care Standards Tribunal for their removal from the list if their circumstances have changed. The tribunal will decide whether or not the individual should continue to be included on the list. If it is satisfied that the individual is no longer unsuitable to work with vulnerable adults, it shall direct the Secretary of State to remove the individual from the list.

Full details of these procedures are available in the Department of Health Practice Guidance. Employers and managers cannot ask for a person to be removed once they have been listed. However, if new evidence comes to light, this can be sent at any time to the POVA team.