The claimant appealed against a decision of the Care Standards Tribunal regarding misconduct, and being placed on the list to prevent her working with vulnerable adults. She was said to have fallen asleep while on night duty. The court considered the meaning of ‘misconduct’ within the section. On the appeal additional allegations were made, to which the appellant objected.
Held: The appeal was dismissed. Additional material might be used on appeal. The nature of the procedure inevitably meant that other matters might come to light only after the first reference by an employer. The definition in the statute did not limit the meaning of misconduct in any way, it was clear and unequivocal. The proceure had to be fair to the care worker, but also reflect the purpose of the legislation which was to protect vulnerable people.
Goldring J
[2008] EWHC 1891 (Admin), Times 29-Aug-2008
Bailii
Care Standards Act 2000 86(3)
England and Wales
Citing:
Cited – Regina (Wright) v Secretary of State for Health CA 2-Jan-2008
The care worker’s appeal failed. The system for disciplining care workers and placing them on lists was required to be human rights compliant. Lord Justice May said: ‘There is an obvious and unchallenged public interest in having an appropriate . .
Cited – Regina (Wright) v Secretary of State for Health QBD 2008
The court was asked whether in a complaint under the Act, conduct before the Act could be considered.
Held: The Tribunal could rely on misconduct which had taken place, or the relevant provider’s opinion had been formed, before the . .
Cited – Regina v Secretary of State for the Environment Transport and the Regions and another, ex parte Spath Holme Limited HL 7-Dec-2000
The section in the 1985 Act created a power to prevent rent increases for tenancies of dwelling-houses for purposes including the alleviation of perceived hardship. Accordingly the Secretary of State could issue regulations whose effect was to limit . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 August 2021; Ref: scu.272302
