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| The following professions fall under The Exceptions Order in The Rehabilitation of Offenders Act 1974 (Exceptions order) 1975. Schedule 1, Articles 2(3), 3 and 4. |
Excepted professions, offices, employments, work and occupations:
• Care Provider
As defined by: The Care Standards Act 2000 and the Regulation of Care (Scotland) Act 2001 which are the main pieces of legislation that specifically regulate care providers in England, Wales and Scotland. Separate, but similar, legislation exists for Northern Ireland.
Care providers regulated by the Care Standards Act 2000 include:
• care homes for elderly people aged over 65 years
• care homes for adults aged 18-65 years
• children's homes
• "small" homes that provide residential care for up to three adults
• domiciliary care providers
• businesses and organisations that visit and care for people in their own homes
• fostering and adoption agencies
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Portability for care providers dealing with vulnerable adults.
On 26th July 2004, The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2004 brought about further legislation regarding the portability of Disclosure information. Since that date, care workers must renew a Disclosure certificate if they change agency or care position.
It is important to note that POVA checks are not required for individuals already employed in care positions on 26 July 2004 and who remain in those same jobs thereafter, provided that a CRB Disclosure has been has been obtained on them. In other words, individuals employed in care positions immediately prior to 26 July 2004, irrespective of whether they were recruited directly by providers of care or supplied by employment agencies and businesses, and who remain continuously employed in the same care positions, and who have been CRB checked, thereafter should not be checked against the POVA list. Care workers who return to work from different forms of leave, secondment or training on or after 26 July 2004 fall into this category as long as the care provider they are returning to remained their employer during their absence and a CRB Disclosure has been obtained on them. It should be also noted that POVA checks are not required for individuals who are promoted by their employer from one care position to another.
Care providers like residential homes and domiciliary care agencies are required by law to register with their national registering authority. The registering authority will carry out an inspection to make sure that the required standards are met. Once registered, care providers are inspected on a regular basis to make sure that they continue to meet the standards.
The Care Standards Act 2000 sets out national minimum standards for care providers in England and Wales. A set of standards exists for each main type of care provider. Legislation in Scotland and Northern Ireland also provides for minimum standards for care providers.
The standards cover a wide range of matters including privacy and dignity, medical treatment, staffing levels, record keeping and residents' rights
Any person working in a care business or organisation that deals with children or vulnerable adults is required by law to undergo a background check by the Criminal Records Bureau (CRB). Owners and managers of such organisations must also undergo a CRB check.
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