NEW STATUTORY REQUIREMENT FROM 26 JULY 2004

By : Department of Health : 2nd Nov 2004

On 26 July 2004 the Department of Health will launch a phased introduction of the Protection of Vulnerable Adults (POVA) scheme. At the heart of the POVA scheme is the POVA list, which is maintained by the Secretary of State. The POVA list will work in a similar way as the existing Protection of Children Act (POCA) list. That is, it will operate as a workforce ban on care workers who have harmed vulnerable adults in their care.



The POVA scheme will be implemented for registered providers of care homes and domiciliary care agencies. It also applies to employment agencies and businesses who supply care workers to these providers. Once new regulations are put in place shortly, the POVA scheme will be extended to adult placement schemes. (Until that time, adult placement carers come within the POVA scheme by virtue of the Care Home regulations.) The NHS will come within the scope of the POVA scheme in due course.



The POVA scheme will give significantly greater protection to vulnerable adults than has previously been the case. Care providers will have a statutory duty to check that potential new care workers are not on the POVA list before allowing them to work in a care position. They will do so as part of the CRB Disclosure application process,



Care providers will also have a responsibility to refer care workers to the POVA list where such workers have harmed vulnerable adults in their care.



All registered providers of care homes and domiciliary care agencies must obtain a copy of the guidance as soon as possible, and advise their staff accordingly.



The guidance gives full details of the scheme, including how to request checks and make referrals. It also describes the new arrangements for conditional employment pending receipt of a CRB Disclosure. It can be found on the Department of Health website http://www.dh.gov.uk . For a quick find type “vulnerable adults” into the search box.



You can obtain a hard copy from the Department of Health, PO Box 777, London SE1 6XH, telephone 0870 155 5455, fax 01623 724 524 or Mailto:doh@prolog.uk.com.



Councils with social services responsibilities, who may themselves run care homes and domiciliary care services, are asked to disseminate the guidance and news about the POVA scheme locally.

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