SCIE Practice guide 7: Making referrals to the POVA list

Deciding to make a POVA list referral - Introduction

Practice points in this section:

• Who can refer to the POVA list?
• Who can be referred to the POVA list?
• Grounds for referral
• When to make a POVA referral

Key questions for employers and adult placement organisers

• Have you agreed who can make POVA referrals in your organisation?
• Are you eligible to make referrals?
• Is the person you want to refer eligible for referral?
• Has there been misconduct causing harm or risk of harm to a vulnerable adult?
• Will the worker be dismissed, or have they already been dismissed on these grounds?
• Will you make the referral before or after your disciplinary procedure is completed?

Expectations

• The only persons or agencies allowed to make POVA referrals are employers and managers, the Commission for Social Care Inspection (CSCI), the Care Standards Inspectorate for Wales (CSIW) and the Secretary of State for Health.
• They can refer care workers, volunteers and approved carers who have regular contact with vulnerable adults in registered care or nursing homes, adult placements or service users' homes when they are receiving domiciliary care.
• They make referrals when they reasonably consider that an individual is guilty of misconduct that has caused harm or a risk of harm to a vulnerable adult.
• The referral is usually made when disciplinary action leading to dismissal is taken and, exceptionally, when the individual has been suspended pending further investigation.
• For adult placement carers, decisions to refer relate to the withdrawal of a carer's approval to provide adult placements.

Practice overview

The primary aim of the POVA list is to protect vulnerable adults from harm. However, banning an individual from working in care positions is a serious matter, which is decided by the Secretary of State and not by employers.

The POVA referral procedure is designed to help employers and managers make efficient and accurate referrals, while protecting the rights and well-being of vulnerable adults, other staff and the individual who is referred.

In most cases, the only decision an employer must make is to inform the Secretary of State when an individual has been dismissed or, in serious cases, is being investigated for misconduct resulting in the harm of a vulnerable adult. Adult placement scheme managers do this when a carer's approval has been terminated for misconduct under these circumstances.

At all stages, the employer or manager must take immediate action to protect and support the vulnerable people in their care. This should not be confused with making a POVA referral. That protects vulnerable people in the future by banning the referred individual from ever doing care work again. In itself, the POVA referral is no substitute for effective action at the time of the allegation.

Employers and managers should offer support to staff who report colleagues for suspected misconduct. It is expected that such staff will be covered by local policies for adult protection and whistle blowing. Having a robust procedure will also protect individuals from false or malicious allegations.

Employers and managers should support witnesses, helping them to make full statements.

This area can be highly charged, sensitive and complex. Employers are encouraged to seek advice from local adult protection teams, CSCI/CSIW and the POVA team.