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Introduction
In 2010, in the early days of the implementation of the Safeguarding Vulnerable Groups Act (SVGA) 2006 in England and Wales, the Department of Health (DH) sought to learn more about its potential impact on the National Heath Service (NHS). This was intended to develop understanding about the potential number of referrals to the enhanced vetting and barring scheme (VBS) established under the Act and the links of these referrals to NHS disciplinary outcomes and NHS systems that collect data about adverse events (identification of harm and actions taken). In order to do this, a small audit was undertaken for the DH in 2010-2011. This paper presents some of the key findings and discusses these in the context of NHS Human Resource (HR) practice and that of other employers. It also highlights some messages for adult safeguarding practice and policy development.
Background
From 12 October 2009, the SVGA 2006 requires regulated activity providers to refer any worker (including volunteers) to the Independent Safeguarding Authority (ISA) if they have removed the worker from regulated activity because they had harmed or there was risk of harm to a child or vulnerable adult. Typically, these include NHS Trusts and other healthcare providers in addition to social care providers from all sectors.
Under the Care Standards Act 2000, the NHS had not been required to refer workers to the Protection of Vulnerable Adults (POVA) list and was unable to check this list as part of pre-employment procedures (for details of the operation of the POVA list, see [11] Hussein et al. , 2009). Thus, referral to the POVA list for the purposes of removing the worker from such work in the future (other than to a Professional Regulator) for harm to a vulnerable adult did not form part of HR disciplinary procedures in the NHS. However, the NHS was expected to comply with safeguarding children legislation.
The NHS also had a reputation for not participating in Adult Safeguarding activity or not always responding to concerns of harm to children and vulnerable adults appropriately ([9] Healthcare Commission, 2009; [1], [2], [3] Commission for Healthcare Audit and Inspection, 2006, 2007, 2008; [5] DH, 2009). Such a reputation has been addressed recently by the publication of material specifically for NHS practitioners...