SCIE Practice guide 7: Making referrals to the POVA list
Making a POVA list referral - Introduction
Practice points in this section:
- Providing evidence to support POVA referrals
- Confidentiality and protecting whistle blowers and witnesses
- Witnesses and witness statements
- Malicious referrals
- Using the referral form
- Communication
Key questions for employers and adult placement managers
- Have you completed the POVA referral form?
- Have you gathered together all of the information required in this form?
- Are documents clearly referenced, signed and dated? Have you kept copies?
- Have you communicated clearly with everyone involved in the referral, including witnesses and local adult protection staff?
Expectations
- Employers and managers should provide the information and supporting material to demonstrate their decision that the referred individual is guilty of misconduct in harming a vulnerable adult.
- While employers and managers are not required to comment on an individual's suitability to work in care positions in future, they are expected to provide information to inform the POVA team and the Secretary of State for Health in making this judgement.
- Referrals should be made using the official referral form with clear cross-referencing to attached documents. Information should be clear and factual, and accompanied by formal statements and supporting evidence.
Practice overview
The information that is required is listed in the POVA referral form and guidance.
The POVA team have no powers of investigation; they rely on the evidence provided by employers and managers to support their referral, which should be robust. If a case goes to an employment tribunal, it will be the employer who must prove that misconduct occurred.
The quality of the POVA referral is often determined by the quality of the employer's employment and recording practices.
Employers and managers are reminded that this is a legal process that requires good evidence to a civil standard. The decision to list will be determined by the quality of the evidence provided. It is not sufficient to write or email simply asking the POVA team to list an individual who has been dismissed.
Making a referral to the POVA list: a flowchart
Events, actions and decisions - follow the numbers
| 1) Incident reported and allegation made. | |||
| 2) Manager ensures safety of vulnerable adult and keeps them involved/informed as appropriate. | |||
| 3) Follow local procedures, informing and taking advice if needed from CSCI/CSIW/local adult protection team/police. | |||
| 4) Suspension of individual | Consider POVA referral | Action | |
| Is it harm to a vulnerable adult? Is the alleged person under investigation a care worker? Is it misconduct? Is the offence very serious? Is there reasonable evidence that harm or risk of harm has been caused? | If no, take no action in relation to POVA list at this stage. | ||
| If yes, complete POVA referral form. Provide information as available. POVA team may list provisionally and inform the individual. | |||
| 5) Alert others and start local processes - for example, CSCI/CSIW, adult protection team, police. | |||
| 6) Undertake investigation into alleged harm. | |||
| 7) Conduct local disciplinary proceedings. | |||
| 8) Disciplinary outcome | 9) Consider making a POVA list referral | ||
| If referred to POVA list at suspension stage: | If not previously referred to POVA list: | ||
| Allegation is not founded - person is reinstated. | Inform POVA team. Submit information to support removal from list. POVA team recommend to remove. | No action. | |
| Allegation is founded - person is dismissed. | Confirm outcome to POVA team. Provide supporting information. POVA team consider referral information and recommend if provisional listing is to be confirmed. | Consider POVA list referral: Is it harm to a vulnerable adult? Is the person to be dismissed a care worker? Is it misconduct? Has the worker been dismissed? If yes, complete POVA list referral forms and provide supporting information. POVA team examines evidence and recommends. Employers should forward any further information arising from a local appeal to the POVA team as it becomes available. Listed person may appeal to Care Standards Tribunal. | |
If you feel an employee/ex employee has harmed or risked harm to vulnerable adults in their care please complete this form and return it to the POVA team.
POVA Referral Form (Word doc 101kb)
Once you have considered all the guidance on this website please complete this form and return it to:
PROTECTION OF VULNERABLE ADULTS (POVA
) LIST
The Manager
Ground Floor Area E
Mowden Hall
Staindrop Road
Darlington
DL3 9BG
Fax: 01325 392178
If you have any questions or difficulties please call the POVA Advice Line on 01325 391328
