Provision for the Protection of Vulnerable Adults scheme is made in Part 7 of the Care Standards Act 2000. At the heart of the POVA scheme is the POVA list. The POVA scheme will act like a workforce ban. From 26 July 2004, individuals should be referred to, and included on, the POVA list if they have abused, neglected or otherwise harmed vulnerable adults in their care or placed vulnerable adults in their care at risk of harm. By making statutory checks against the list, providers of care must not offer such individuals employment in care positions. POVA checks are requested as part of Disclosures from the Criminal Records Bureau (CRB).
The POVA scheme will add significantly to current pre-employment checks - including confirming identity, requesting Disclosures and obtaining references - that providers of care should carry out before offering individuals employment in care positions.
The POVA scheme was implemented in England and Wales on 26 July 2004. In the first instance it commenced with regard to registered care homes and registered domicilliary care agencies, and later it extended to adult placement schemes, once such schemes came within the regulatory framework of the Care Standards Act 2000 and regulations extending the POVA scheme to them came into force.
The POVA scheme was originally intended to apply to the NHS and independent health care sector. However, implementation in the NHS and other health services is delayed pending consultation on possible regulatory changes to make the scheme work more effectively and efficiently in the NHS. For the time being, therefore, checks of, and referrals to, the POVA list should not be made with respect of workers in NHS facilities. (NHS workers may be checked against the POVA list if they are contracted or otherwise employed by registered care homes and domiciliary care agencies to provide a service to vulnerable adults using those services.)
Also, on 26 July 2004 changes to the Care Homes and Domiciliary Care Agencies Regulations came into force so that, subject to a number of safeguards, individuals may commence work in care homes and domiciliary care agencies in advance of a full CRB Disclosure. The Regulations also introduce a POVAFirst service. The use of these provisions is limited to situations where providers of care are unable to meet their statutory staffing levels. The Adult Placement Schemes Regulation already included these changes when the schemes came within the regulatory framework.
The role of the Criminal Records Bureau is to reduce the risk of abuse by ensuring that those who are unsuitable are not able to work with children and vulnerable adults
The Commission for Social Care Inspection is the single, independent inspectorate for social care in England.