About POVA

On July 26 2004 the Department of Health (DH) launched a phased introduction of the Protection of Vulnerable Adults (POVA) under the Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004.

It also applies to employment agencies and businesses who supply care workers to these providers.

About POVA First

The amendments to the care home regulations, domiciliary care agencies regulations and nurses agencies regulations enable these providers in exceptional circumstances to employ people in care positions before receiving full CRB disclosures. This is subject to specific pre-employment checks, checking that prospective employee is not on the POVA list and having sufficient supervisory and training arrangements.

The POVA list can be checked by a registered body or umbrella body submitting an on-line request to the CRB once the disclosure application has been received (ordinarily 3 weekdays after posting application by first class post). The CRB reply, within 72 hours, stating whether the person referred to is on the POVA list. If they are not on the list then they can be employed under supervision pending the full disclosure (NB: make sure any job offer states that it is subject to a satisfactory disclosure).

It is clear that the authorities do not believe their own publicity about the improvement in the Criminal Records Bureau's (CRB) performance in meeting targets to complete disclosures otherwise it would not have proven necessary to relax the rules.

With effect from 6 April 2006, the CRB charge an additional £6 for a POVAFirst check.

Guidance

Guidance from DH is available, which is relevant to both care providers and inspectors as an overview of how the scheme operates. The DH has also prepared answers to frequently asked questions to support the guidance.

The Commission for Social Care Inspection (CSCI) has produced additional guidance which is not intended to repeat elements already covered within the DH guidance but to inform CSCI staff in relation to the Commission's powers and responsibilities in relation to the POVA scheme.

Enquiries

You can email DH direct ( vulnerableadults@doh.gsi.gov.uk ) if you have any enquiries regarding POVA. The address for POVA referrals is:

The Manager
Protection of Vulnerable Adults List
Department for Education and Skills
Ground Floor
Area E
Mowden Hall
Staindrop Road
Darlington
DL3 9BG