Where it was proposed to provisionally list care workers as been prevented from undertaking work with vulnerable adults or children, that worker should be given opportunity to make representations first. Provisional listing did engage article 6, but that a breach could be avoided by giving the care worker a right to make representations before being placed on the list. This could be catered for under section 3(1) of the Human Rights Act 1998 by a declaration that section 82(4) was to be read and given effect by reading in the words ‘and after giving the worker an opportunity to make representations (unless the Secretary of State reasonably considers that the delay resulting from affording such an opportunity would place a vulnerable adult at risk of harm)’. (May LJ dissenting)
Judges:
Dyson and Jacob LJJ, May LJ
Citations:
[2007] EWCA Civ 999, Times 16-Nov-2007, [2008] 1 QB 422, [2008] 2 WLR 536, (2008) 11 CCL Rep 31, [2008] UKHRR 294, [2008] 1 All ER 886
Links:
Statutes:
Care Standards Act 2000, Human Rights Act 1998 3(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Wright and Others, Regina (on the Application of) v Secretary of State for Health Secretary of State for Education and Skills Admn 16-Nov-2006
The various applicants sought judicial review of the operation of the Protection of Vulnerable Adults List insofar as they had been placed provisionally on the list, preventing them from finding work. One complaint was that the list had operated . .
Cited by:
Appeal from – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009
The claimants had been provisionally listed as ‘people considered unsuitable to work with vulnerable adults’ which meant that they could no longer work, but they said they were given no effective and speedy opportunity to object to the listing. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Education
Updated: 22 November 2022; Ref: scu.260053