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Referral to the Independent Safeguarding Authority - Safer Derbyshire

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Draft<br />

In respect of <strong>the</strong> existing PoVA scheme which positions are affected?<br />

a) Care workers employed (paid or unpaid) by registered providers of care<br />

homes, including workers supplied by employment agencies and businesses <strong>to</strong><br />

such providers, who are employed in care positions that enable <strong>the</strong>m <strong>to</strong> have<br />

regular contact in <strong>the</strong> course of <strong>the</strong>ir duties with care home residents; and<br />

b) Care workers employed by registered providers who carry on domiciliary care<br />

agencies, including workers supplied by employment agencies and businesses<br />

<strong>to</strong> such providers, who are employed in care positions concerned with <strong>the</strong><br />

provision of personal care in <strong>the</strong>ir own homes for persons who by reason of<br />

illness, infirmity or disability are unable <strong>to</strong> provide it for <strong>the</strong>mselves without<br />

assistance.<br />

c) Adult placement carers.<br />

NB. The PoVA scheme does not apply <strong>to</strong> care workers outside <strong>the</strong> scope of<br />

that listed above. This means that those who work with vulnerable adults in<br />

NHS or independent hospitals, clinics and o<strong>the</strong>r facilities, or through an<br />

independent medical agency, or educational facilities are excluded from <strong>the</strong><br />

ambit of <strong>the</strong> PoVA scheme.<br />

Which posts will be affected after 12 th Oc<strong>to</strong>ber 2009.<br />

Going forward from <strong>the</strong> 12 th Oc<strong>to</strong>ber, 2009 and for <strong>the</strong> purpose of this<br />

information sheet under <strong>the</strong> requirements of <strong>the</strong> <strong>Safeguarding</strong> Vulnerable<br />

Groups Act 2006 <strong>the</strong>re will be a duty <strong>to</strong> refer individuals <strong>to</strong> ISA regarded <strong>to</strong><br />

be undertaking regulated activity – regulated activity being defined as:<br />

1) Any activity of a specified nature that involves contact with vulnerable<br />

adults (or children) frequently, intensively and/or overnight (Such<br />

activities include care, supervision, advice, treatment and transportation)<br />

2) Any activity allowing contact with vulnerable adults (or children) that is a<br />

specified place frequently or intensively. (Such places <strong>to</strong> include care<br />

homes).<br />

‘Frequently’ is defined as once a month or more<br />

‘Intensively’ is defined as where an activity takes place on three or more days in<br />

any 30 day period; or overnight (between 2am and 6am)<br />

More guidance (including sec<strong>to</strong>r specific) is awaited on this area but it is<br />

considered likely that those posts covered under <strong>the</strong> existing PoVA Scheme<br />

referral arrangements will be regarded as positions undertaking regulated<br />

activities and hence subject <strong>to</strong> <strong>the</strong> same referral arrangements.<br />

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