This item was published during the term of a previous administration that ended in April 2007
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Protecting vulnerable adults
04/02/2004
The Executive is seeking views on establishing a List
of people unsuitable to work with vulnerable
adults.
The consultation -
Protecting Vulnerable Adults - Securing their
Safety - looks to extend protective measures which
already exist for children to those who are unsuitable
to work with vulnerable adults who are receiving home,
residential, or NHS care.
The intention is to identify, and make known to
prospective employers, people considered unsuitable to work
as paid employees or unpaid volunteers.
The List would be compiled and maintained on
behalf of Scottish Ministers, and information held
would only be made available as part of a criminal
record check through Disclosure Scotland. It will not
be possible for employers, or individuals, to access
the List directly. It would be a criminal offence for
those on the List to hold or seek employment in such a
role.
People on the List would be those who:
* had been suspended, dismissed, or transferred,
from care positionsgiving access to vulnerable adults because of
misconduct which had caused an adult harm, or had put an adult at risk
of harm; or
* resigned in such circumstances to avoid
dismissal.
It would become a statutory requirement for
social and healthcare employers who provide care to
vulnerable adults, including employment agencies, to
notify the List of such personnel and check the List
for the names of those they propose to employ in a care
position.
Announcing the consultation, Health and Community
Care Minister Malcolm Chisholm said:
"This consultation exercise is designed to gather
views to establish a system that will protect the most
vulnerable in our society from those who would harm
them. The principle of having a list of unsuitable
individuals already has some strong support and this is an
opportunity for individuals and organisations to consider
whether what is suggested is appropriate.
"We all have a responsibility to assist vulnerable
members of society, and establishing such a system would
enable employers, voluntary organisations, and individuals
to ensure that those unsuitable to hold care positions
forvulnerable adults do not do so.
"It is of course imperative that there is a
balance between protecting vulnerable adults and
ensuring that the rights of staff concerned are
respected. The measures outlined today aim to do
this.
"The List, in conjunction with the criminal
record check from Disclosure Scotland, which can bring
to light conviction for certain specified offences,
would provide further safeguards by creating a single
point for information-gathering."
Listing would be an administrative process on behalf
of Scottish Ministers and would follow the model
established under the Protection of Children(Scotland) Act 2003. Decisions would be taken by a Panel
consisting of a senior civil servant, and a senior Social
Work Inspector. The Panel would be able to draw on
legal advice at all stages of the process.
The proposed arrangements include procedures for
those whose name is put forward to:
* give their perspective to the Panel for
consideration before thedecision is taken;
* formally appeal against inclusion; and
* request a review of inclusion.
Scottish Ministers would also consider whether those
on the adult List should also be included on the Protection
of Children (Scotland) Act 2003 List. Similarly, it is also
proposed that List information would be available across
the
UK, preventing potential abusers avoiding detection by
moving between countries.
The establishment of such a List would require
legislation by the Scottish Parliament.
The deadline for consultation responses is30 April 2004.
This consultation parallels similar measures being
taken forward in the other countries of theUK. Government departments are working to ensure that
systems work effectively together across theUKto prevent potential abusers avoiding detection by
moving from one country to another. Under Part Vll of the
Care Standards Act 2000, a Protection of Vulnerable Adults
List (POVA) will be established of those who are considered
unsuitable to work with vulnerable adults inEngland. An identical scheme will operate in
Wales.
For the purposes of the List, a vulnerable adult
means an adult (age 18 and over) to whom:
* accommodation, and nursing or personal care,
are provided in a care service;
* personal care is provided in their own home
under arrangements made by a domiciliary care agency; or
* prescribed services are provided by an NHS Board,
or anindependent hospital, independent clinic or an
independent medical agency, or National Health Service body that is
registered with the Care Commission.
The Protection of Children (Scotland) Act 2003 allows ScottishMinisters to establish a List of persons unsuitable
to work with children.
The intention is to identify and make known to
prospective employers, people considered unsuitable to work
with children, either as paid employees, or unpaid
volunteers. This List will help close a loophole that
allows some unsuitable persons who have lost their child
care position - because of clear concerns about their
conduct towards children - to then find other positions
working with children.