SCIE Practice guide 7: Making referrals to the POVA list

Published May 2006

About this practice guide

Context

The Protection of Vulnerable Adults (POVA) scheme was introduced in July 2004 to protect vulnerable adults aged 18 years and over in care settings in both England and Wales. At its heart is the POVA list operated by the Department for Education and Skills (DfES). 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 to the list whenever 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. 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.

Links are also made by the Secretary of State to the Protection of Children Act (POCA) list, also administered by the DfES.

Purpose

This guide aims to support people making referrals to the POVA list. While existing guidance is clear, its implementation can be challenging, with complex decisions having to be made at various stages of the referral process. This guidance is intended to support the referral process by addressing topics in the order in which they are likely to be undertaken in making a referral.

The guide explores a number of areas and you will see these listed on the left hand menu. Within these topics it provides:

• key questions for employers
• a summary of expectations
• practice issues, ideas and examples
• links to relevant legislation, guidance and standards.

The guide does not cover employment law for the conduct of disciplinary procedures and investigations. Visit the ACAS website for further information about employment practice, particularly to the ACAS code of practice (PDF file) for information on disciplinary and grievance procedures.

The guide relates specifically to the process involved in making referrals to the POVA list. It does not cover procedures relating to checks against the POVA list, the Criminal Records Bureau (CRB) or List 99. Existing legislation and related guidance can be found at the Department of Health website. Information about the pending Safeguarding Vulnerable Groups Bill will also be posted there as it becomes available.

Audience

This guide is designed for people making referrals to the POVA list. This will usually be social care employers and providers of care in residential, domiciliary and adult placement services, including employment agencies and businesses that supply individuals to these care providers. While the guide refers to 'employers' throughout, this includes those providing voluntary services, and self-employed adult placement carers.

The guide will be useful for local adult protection teams and staff who are responsible for implementing local policies for vulnerable adults. It may also be of interest to staff, commissioners, carers and people who use social care services, and professionals from other organisations concerned about the well-being of vulnerable adults.

Using this practice guide

The SCIE website is divided into three columns: the left, middle and right columns. The topics that are covered in this practice guide are listed in the left hand column. Click on these to access the topics.

Within each topic there are several pages of information, which you can skip to using the navigation in the middle column. All of the links are in blue. The right hand column also has links in the lozenges, either to a PDF of the practice guide so that you can print it out, or to other relevant information. The links may also repeat those listed in the middle column just so you don't miss anything!

Where available, practice ideas and examples are included that show how agencies have tried to improve practice and solve problems. These are self-reported and unevaluated. Many of the examples are provided by the POVA team at the DfES from their experience of working with referrals in the first year of the POVA list's existence. We welcome other practice ideas for inclusion.

Your feedback

SCIE welcomes comments on any aspect of the guide, which will inform future updates. We are also very interested in collecting examples of good practice. Please send us your feedback.