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29 January 2009
Issue: 7354 / Categories: Legal News , Human rights
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Victory for care workers

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
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MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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