POVA

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POVA

• POVA stands for
• Protection of Vulnerable Adult

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Background

• In 1998, allegations of abuse were made in16 out
  of 18 health authorities. 10 were substantiated.
• Survey by Action on Elder Abuse help-line from
  April 1997 to Oct 2002 reported 5273 calls of
  real and suspected abuse. 31.4 by paid carers
  66.6 of reported abuse in persons own home,
  20.8 in care homes, and 4.4 in hospitals.

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What is the POVA scheme

• On 11th Dec 03, a consultation document was
  legislated through part VII of the Care Standards
  Act 2000. It outlined the practical guidance on
  protecting vulnerable adults.
• It will be a register of workers who have harmed
  or placed a vulnerable adult at risk whether or
  not in the course of their current employment.

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Aims Objectives

• The POVA scheme will provide an effective,
  workable measure to safeguard vulnerable adults
  from people who are unsuitable to work with them.
• Vulnerable adults will therefore receive a
  greater degree of protection from Harm.
• Phased implementation, starting with social care
  ensures that the most vulnerable are protected
  without delay.

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• The carers and relatives of vulnerable adults as
  well as the general public will be assured that
  there is a system in place to safeguard some of
  the most vulnerable adults.

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What is Harm

• Harm as defined in section 121 of the Care
  Standards Act 2000 is,
• The ill treatment or the impairment of health an
  adult who is not mentally impaired,
• The ill treatment or the impairment of health or
  development to an adult or a child, who is
  mentally impaired.

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Who will it affect

• Will target workers in services that are provided
  predominantly for vulnerable adults.
• Workers in registered care homes with or without
  nursing on the premises and, domiciliary care
  agencies who provide personal care.
• In the next phase, health care workers in NHS
  trusts and independent hospitals.

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Does it apply to all workers

• No. At the moment it will apply only to those
  providing regular contact or personal care.
• The Act does not include definitions of regular
  contacts and personal care, these are
  fundamental to how POVA will run.
• POVA has provided guidelines in determining
  criteria.

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Regular Contact

• The term regular contact will have its everyday
  meaning, that is, frequency.
• Care providers will have to decide, based on fact
  whether the amount of contact is regular. If in
  doubt refer to legal.
• The deciding factor which should qualifies a
  worker as a care worker is the amount of contact
  and not the job title or nature of job.

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What is Personal Care

• Personal care has been defined according to the
  Domiciliary Care National Minimum
  Standards(Department of Health, 2003).
• It means the provision of emotional and
  psychological support and,
• Provision of intimate care tasks that involve
  physical contact.

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Who will be checked

• It will apply to workers in registered care
  homes, including those supplied by employment
  agencies and businesses who are employed in care
  positions providing personal care or in regular
  contact with residents.

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• Care workers of registered domiciliary care
  agencies, including workers supplied by
  employment agencies and businesses, who provide
  personal care to people in their own homes.

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What POVA left out

• Other types of abuses which do not cause actual
  bodily harm, such as financial and discriminatory
  abuses.
• Other types of domiciliary services such as
  domestic services.
• Direct Payment scheme.

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Who POVA left out

• Social worker.
• Care management.
• Supported employment.
• Befriending Schemes.
• Volunteers.
• Other care settings such as day-care, sheltered
  accommodation.

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• Although the draft does not specifically refer to
  these groups, they fall within the scope by
  virtue of their activities.
• Even where no money changes hands, voluntary,
  community-based and other organisations and
  individuals, working for providers of care in an
  agreed capacity that constitutes a care position,
  whether or not under the terms of a contract,
  will come within the scope of POVA.

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Reasons for exclusion

• POVA is limited by its primary legislation, the
  Care Standards Acts 2000 to care homes and
  domiciliary care.
• A Regulatory Reform Order is being sought which
  will address this anomaly.

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Timetable

• Will be implemented in phases.
• Consultation events ended 15 March 04.
• Feedback to ministers in late March 04.
• Consultation result published in April 04.
• Final guidance issued by 30th April 04.
• POVA introduced for Social Care on 7th June 04.
• POVA introduced for Health Care 2005.