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 system for protecting vulnerable adults and children from the risk of harm from unsuitable carers. It is also necessary that any scheme takes a proportionate account of the rights of those who have worked and wish to continue to work as carers.’
Judges:
Lord Justice May
Citations:
[2008] 1 All 887
Statutes:
Care Standards Act 2000 86(3), European Convention on Huma Rights5 6
Jurisdiction:
England and Wales
Citing:
Appeal from – 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 by:
Cited – Joyce v Secretary of State for Health Admn 1-Aug-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Human Rights
Updated: 18 June 2022; Ref: scu.279861
