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Safeguarding adults

The Protection of Vulnerable Adults (POVA) scheme is set out in the Care Standards Act 2000 and implemented on a phased basis from July 2004 and is now referred to as

At the heart of scheme is the Safeguarding Adults list. Through referrals to, and checks against the list, care workers who have harmed a vulnerable adult, or placed a vulnerable adult at risk of harm (whether or not in the course of their employment) will be banned from working in a care position with vulnerable adults. As a result, the scheme enhances protection for vulnerable adults. In the first instance the scheme is implemented with regard to Care Workers working in registered Care Homes and Domiciliary Care agencies.

Who should be checked against the register?

Checks must be carried out where an individual applies for a care position with a new employer; or moves or is transferred from a non-care position to a care position within his current employment.

How to check

Further details on the guidelines for care homes and domiciliary care agencies are available at the Department of Health website.

Checks against the list can only be made via the CRB as part of the Disclosure under the Police Act 1997. The check is requested by crossing the "Safeguarding Adults" box on the CRB Disclosure Application form.

In normal circumstances, you must not employ someone in a care position in England pending the satisfactory results of a full CRB Disclosures and Safeguarding Adults checks. In very exceptional circumstances, where service users may be placed at risk, providers of care may employ someone subject to a full CRB Disclosure providing that they have:

• Carried out the required rigorous pre-employment checks
• Applied for a CRB disclosure and requested a Safeguarding Adults check on the CRB Disclosure Application form
• Applied for and received a satisfactory result from a Safeguarding Adults First Check*
• Put in place stringent arrangements for the training and supervision of the employee in the interim.

*The Safeguarding Adults First check is an optional CRB service for which there is no additional charge at present. It checks whether the list contains details of a person with the same name and date of birth as the person being considered for the care position. If there is a match or a query the CRB will advise the provider of care to wait for the full CRB disclosure (that is not employ them for the time being).

So that service users are protected in the time between a person starting conditional employment and the full CRB Disclosure being issued more stringent pre-employment checks and requirements for staff training and supervision were introduced on 26 July 2004 for these particular circumstances. Providers of care must appoint a named person with appropriate qualifications and experience to oversee new members of staff until they have completed induction training and until the full CRB disclosure has been satisfactorily completed.

Pre-employment checks for Care Homes and Domiciliary Care Agencies - Safeguarding Adults regulations require:

• Details of any criminal offences of which the person has been convicted, including details of any convictions that are spent and details of cautions.
• Two written references, including, where applicable, a reference relating to the person's last period of employment of not less than three month's duration, which involved work with children or vulnerable adults.
• Where a person has previously worked in a position which involved contact with children or vulnerable adults, written verification (so far as reasonably practicable) of the reason why he ceased to work in that position.
• Documentary evidence of any relevant qualifications and training.
• A full employment history, together with a satisfactory written explanation of any gaps in employment.
• A statement by the person as to his physical and mental health.
• Details and evidence of registration with, or membership of any professional body.

Current employees

The circumstances in which a provider of care must refer a care worker to the Secretary of State for possible inclusion on the list are as follows:

• The provider has dismissed the worker on the grounds of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult.
• The worker has resigned, retired or been made redundant in circumstances such that the provider would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned, retired or been made redundant;
• The provider has, on such grounds, transferred the worker to a position which is not a care position; or
• The provider has, on such grounds, suspended the worker or provisionally transferred him to a position which is not a care position but has not yet decided whether to dismiss him or to confirm the transfer.

The Practical Guide issued by the Department of Health offers clear guidance on the referral process and should be referred to if you are considering making a referral.

Further details and guidelines for care homes and domiciliary care agencies are available at the Department of Health website.

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Page last edited: 16 June 2010

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