POVA , the Wright decision and beyond
By LORRAINE REED, solicitor in the regulatory team. Bevan Brittan Solicitors
As reported in the December issue of Caring Times, the Court of Appeal has recently handed down an important decision in relation to the administration of the system for provisionally placing care workers on the POVA (Protection of Vulnerable Adults) list which was established by the Care Standards Act 2000.
The list, which is maintained by the Secretary of State, was created for the purpose of the protection of vulnerable adults. Inclusion on the POVA list acts as a bar prohibiting care workers from working with vulnerable adults. It is a criminal offence for a person on the POVA list to knowingly apply for, or offer to do, or accept, any care work. Equally, a provider of care must not employ anyone in a care position who is either provisionally listed or confirmed on the POVA list.
Inclusion on the POVA list has immediate and significant consequences for the care worker and their employer and, until the Wright decision there was no right to make any representations prior to a provisional l