Child Protection
The Protection of Children and Vulnerable Adults (NI) Order 2003 (POCVA)
POCVA became law in February 2003 and was commenced (with the exception
of Article 46) on 1 April 2005.
POCVA (PDF 174 KB) aims to improve existing safeguards for children
and vulnerable adults by preventing unsuitable people working with them in paid or voluntary positions.
It introduced two new services:
- The Protection of Children (NI) Service [POC (NI)]; and
- The Protection of Vulnerable Adults (NI) Service [POVA (NI)]
POCVA
requires that the DHSSPS maintain a list of individuals who are considered unsuitable to work (in a
paid or unpaid capacity) with children in a "regulated position". A regulated position is
defined in POCVA. The List is known as the Disqualification from Working with Children List [DWC (NI)
List].
POCVA also requires the DHSSPS to maintain a list of individuals who
are considered unsuitable to work (in a paid or unpaid capacity) with vulnerable adults. This list is
known as the Disqualification from Working Vulnerable Adults List [DWVA (NI) List]. The definition of
"Vulnerable Adult" is prescribed in The Protection of Children and Vulnerable Adults (Definitions) Regulations (Northern Ireland) 2005
In addition, the main provisions of POCVA are:-
- The requirement for organisations to refer to the DHSSPS for consideration of listing on the grounds of misconduct those individuals who have harmed, or placed at risk of harm, a child or a vulnerable adult;
- The requirement for certain organisations to carry out checks against the DHSSPS lists and List 99 (the Department of Education’s list of those disqualified from working with children);
- The introduction of offences if those individuals disqualified from working with children apply for, offer to do, accept or do any work, either paid or unpaid, in a child care position;
- An individual will commit an offence if he knowingly offers, employs, or procures work for a disqualified person in a child care position or fails to remove a disqualified person from a child care position;
- The right of appeal to an independent tribunal by an individual who has been placed on the DHSSPS Disqualification from Working with Children or Vulnerable Adults lists (or DE list 99);
- A voluntary system of accreditation for organisations and groups who work with children who do not fall within the definition of a childcare organisation. These organisations will have to apply to become accredited and must be able to demonstrate compliance with a minimum set of standards before accreditation will be awarded; and
- A whistle-blowing facility aimed at addressing situations where a child care organisation or accredited organisation fails to comply with the duties set out in POCVA.
Commencement of Legislation:-
Commencement Order 1 (30/11/04) - this allows the
DHSSPS to begin the transfer process of those names listed on the existing PECS Register onto the new
statutory lists. The decision to transfer names on to the new statutory list will be taken by a panel
after consideration of any new and existing evidence.
Commencement Order 2 (01/04/05) – this commenced all
the remaining Article (with the exception of Article 46).
Definitions Regulations (01/04/05)- these regulations
define a “child care organisation” in relation to the protection of children and “personal care”, prescribed
services” and prescribed persons” in relation to the protection of vulnerable adults.
Article 46 will be commenced later this year.
Accreditation
Many organisations and groups who work with children do not fall within
the definition of a child care organisation. To promote good child protection practice POCVA introduces
a voluntary system for accreditation. This is aimed at organisations operating in the voluntary and
community sector which involve volunteers to work with children. An organisation will have to apply
to become accredited and must be able to demonstrate compliance with a minimum set of standards before
accreditation can be awarded. Once accredited an organisation will have the same duties to make referrals
and carry out checks as child care organisations.
An accreditation pilot is being run by the Volunteer Development Agency
on behalf of the DHSSPS. The evaluation of the pilot will inform the regulations on accreditation. The
pilot ended on 31 March 2005 and work is ongoing.
POCVA is designed to significantly enhance the protection of children
and vulnerable adults. POCVA complements, rather than replaces, existing child protection
measures. It is no substitute for a robust recruitment and selection process within and organisation
which should include, checking employment history, interviewing proposed candidates and taking up references.
