PROTECTION OF VULNERABLE ADULTS WITH LEARNING DISABILITIES
المؤلف:
DEBRA FEARNS
المصدر:
Caring for People with Learning Disabilities
الجزء والصفحة:
P58-C4
2025-10-09
222
PROTECTION OF VULNERABLE ADULTS WITH LEARNING DISABILITIES
In recent years, there has been growing recognition that adults with learning disabilities, and those who have a mental illness or who are old and frail, need protection from potentially abusive situations over which they may have little control. In light of this, following on from the consultation publication of No Secrets (Department of Health 2000), the ‘Protection of Vulnerable Adults Scheme in England and Wales for Care Homes and Domiciliary Care Agencies’ was implemented by the Department of Health in 2004. It outlines best practice guidance that needs to be put in place to protect vulnerable adults. This guidance also includes changes that have been made to the need for Criminal Records Bureau Disclosures. This Protection of Vulnerable Adults scheme is more commonly known as POVA. The central tenet is to protect vulnerable adults by ensuring that potential care staff are screened to prevent those who have a poor track record of care or those who may intend to harm vulnerable adults from gaining employment. The POVA scheme is set out in the Care Standards Act 2000, and at its center is the POVA List. The POVA List will enable care staff to be both checked against this list and have referrals made to this list. Therefore, care workers who have had previous incidents of harming a vulnerable adult or have placed a vulnerable adult at risk of harm (whether this is while they are employed or not) will be banned from being employed to care for a vulnerable adult. The term ‘employment’ is used to describe paid, unpaid and voluntary work.
Under section 121 of the Care Standards Act 2000, the term ‘harm’ is defined as:
‘. . . in relation to an adult who is not mentally impaired, means ill treatment or the impairment of health; and
in relation to an adult who is mentally impaired, or a child, means ill treatment or the impairment of health or development.’
The POVA scheme does not apply to the National Health Service (NHS) and independent healthcare sector, but they will be brought on line as soon as is practical, as set out in the Care Standards Act 2000.
The definition of a ‘vulnerable adult’ in section 80(6) of the Care Standards Act 2000 states that:
‘Vulnerable adult’ means:
a. ‘an adult to whom accommodation and nursing or personal care are provided in a care home;
b. an adult to whom personal care is provided in their own home under arrangements made by a domiciliary care agency.’
There is now greater legislative protection afforded to vulnerable adults, as it has been evident over a number of years that specific legislation and guidance had been lacking in protecting vulnerable adults with learning disabilities from abuse and crime.
No Secrets (Department of Health 2000) offers useful definitions of six categories of abuse and how they might impact on individuals:
• ‘Physical abuse, including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions;
• Sexual abuse, including rape and assault or private acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting;
• Psychological abuse, including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks;
• Financial or material abuse, including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits;
• Neglect and acts of omission, including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating; and
• Discriminatory abuse, including racist, sexist, that based on a person’s dis ability, and other forms of harassment, slurs or similar treatment.’
(Department of Health 2000, p. 9)
No Secrets (Department of Health 2000) provides a very useful framework for supporting professionals to work in partnership with adults with learning disabilities, offering greater protection and security to those who most need it. It sets out that codes of practice should be developed by partnership working, with local authority social services departments taking the lead roles. This is because social services will be legally responsible for implementing the policy and procedures. Each local authority will devise its own policies and procedures, in consultation with other relevant agencies, such as the police, health and housing. The implementation of the framework policy and procedures will be monitored by the Commission for Social Care Inspectorate (CSCI).
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