header-logo header-logo

Victory for care workers

29 January 2009
Issue: 7354 / Categories: Legal News , Human rights
printer mail-detail

Human rights

Banning care workers from working with vulnerable people without giving them an opportunity to answer is a breach of their human rights, the House of Lords has ruled.

In R (Wright & Ors) v Secretary of State for Health, Lord Phillips and four Law
Lords declared the procedure for listing people unsuitable to work with vulnerable adults— the POVA list—incompatible with the right to a fair hearing under Art 6 of the European Convention on Human Rights.

Care workers can be excluded under s 82(4)(b) of the Care Standards Act 2000, and have to pursue a lengthy administrative process in order to challenge this decision. Baroness Hale said the effect of listing was to prevent a new employer employing them in a care position or to deprive them of such a position if they had one, while challenging the decision could take as much as nine months.

Issue: 7354 / Categories: Legal News , Human rights
printer mail-details

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll