There is a statutory duty on providers of care to check if an individual is included on the POVA list. Referrals and checks made against the POVA list identify those people who are banned from working in a care position with vulnerable adults.

There is a phased implementation of POVA and in the first instance POVA checks are made with respect to:

• Care workers employed by registered providers of care homes (including workers supplied by employment agencies) who are employed in care positions that enable them to have regular contact in the course of their duties with home residents

and

• Care workers employed by registered providers who carry on as domiciliary care agencies (including workers supplied by employment agencies) who are employed in care positions concerned with the provision of personal care in an individual's own home

Phased implementation means that POVA applies only to those care workers as identified above. All other positions that involve working with vulnerable adults are excluded from the POVA scheme for the time being.

Furthermore, some services do not fall within the scope of the POVA scheme because they are not yet regulated under the Care Standards Act 2000.

When an employer asks for a criminal records check for a position that involves working with vulnerable adults, then if the above conditions are met then the disclosure process will include a check against the POVA list.

In some circumstances, in order to meet the regulations covering minimum staffing levels, an employee may need to start before the results of a check are known. In this instance a POVA First check can be carried out. More information can be found at CRB Disclosure and in the Member's Area