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 retrospectively.
Held: An entry could be made on the list for an offence which predated the Act. The temporary nature of the provisional listing did not mean that the applicants’ human rights were not engaged. They were, and the procedures adopted did infringe those rights because of the absence of any independent tribunal to which the people affected could complain. The availability of judicial review was insufficient to cure the defect.
References: [2006] EWHC 2886 (Admin), Times 27-Nov-2006, [2007] 1 All ER 825
Links: Bailii
Judges: Stanley Burnton J
Statutes: Care Standards Act 2000 82, European Convention on Human Rights 6
Jurisdiction: England and Wales
This case cites:
- Cited – Antonelli v Secretary of State for Trade and Industry CA 31-Jul-1997 (Gazette 17-Sep-97, Times 03-Oct-97, , [1997] EWCA Civ 2282, [1998] QB 948)
The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute . . - Cited – Pepper (Inspector of Taxes) v Hart HL 26-Nov-1992 (, [1992] 3 WLR 1032, [1993] AC 593, [1993] 1 All ER 42, , [1992] UKHL 3, [1993] IRLR 33, [1993] RVR 127, [1992] STC 898, [1993] ICR 291)
The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was 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 (Times 13-Dec-00, , , , [2000] UKHL 61, [2001] 2 AC 349, [2001] 1 All ER 195, [2001] 2 WLR 15, (2001) 33 HLR 31, [2000] NPC 139, [2000] EGCS 152, [2000] EG 152, [2001] 1 EGLR 129)
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 . . - Cited – Regina v Worcester County Council Secretary of State for Department of Health ex parte S W Admn 2-Oct-2000 (, [2000] EWHC Admin 392, [2000] HRLR 702)
The court considered the lawfulness of a non-statutory list of people who might not be employed to work with children, the Consultancy Service Index. . . - Cited – Konig v Federal Republic of Germany ECHR 28-Jun-1978 ((1978) 2 EHRR 170, 6232/73, , [1978] ECHR 3, , [1978] ECHR 3, , [1980] ECHR 2)
The reasonableness of the duration of proceedings must be assessed according to the circumstances of each case, including its complexity, the applicant’s conduct and the manner in which the administrative and judicial authorities dealt with the . . - Cited – Le Compte, Van Leuven And De Meyere v Belgium ECHR 23-Jun-1981 (7238/75, 6878/75, (1981) 4 EHRR 1)
Hudoc The Court was faced with a disciplinary sanction imposed on doctors which resulted in their suspension for periods between 6 weeks and 3 months: ‘Unlike certain other disciplinary sanctions that might have . . - Cited – Gautrin And Others v France ECHR 20-May-1998 ((1998) 28 EHRR 196, 21257/93, , [1998] ECHR 39, 21258/93, 21259/93)
Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 6-1 (public hearing); Violation of Art. 6-1 (impartial tribunal); Pecuniary damage – claim . . - Cited – Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2) HL 10-Jul-2003 (, Gazette 18-Sep-03, Times 11-Jul-03, , [2003] UKHL 40, [2003] 3 WLR 568, [2004] 1 AC 816, [2003] 2 All ER (Comm) 491, [2003] HRLR 33, [2003] UKHRR 1085, [2003] 4 All ER 97)
The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property . . - Cited – Golder v The United Kingdom ECHR 21-Feb-1975 (4451/70, [1975] 1 EHRR 524, , [1975] ECHR 1, )
G was a prisoner who was refused permission by the Home Secretary to consult a solicitor with a view to bringing libel proceedings against a prison officer. The court construed article 6 of ECHR, which provides that ‘in the determination of his . . - Cited – Countryside Alliance and Others, Regina (on the Application of) v Attorney General Another, Secretary of State for Environment, Food and Rural Affairs CA 23-Jun-2006 (, [2006] EWCA Civ 817, Times 30-Jun-06, , [2006] EWCA Civ 1096, [2006] 3 WLR 1017, [2007] Eu LR 139, [2007] QB 305, [2006] HRLR 33, [2006] UKHRR 927)
The claimants sought to challenge the validity of the 2004 Act under human rights law and on European law grounds. A variety of effects of the Act were alleged. It was said that it would prevent landowners enjoying their own land, and that the Act . . - Cited – Zlinsat, Spol. SRO v Bulgaria ECHR 15-Jun-2006 (57785/00, , [2006] ECHR 627, , )
The Sofia Public Prosecutor’s Office had ordered the suspension of the performance of a privatisation contract relating to an hotel. The office had acted under its criminal jurisdiction and had also brought a civil action. There had been no finding . . - Cited – Countryside Alliance and others v HM Attorney General and others Admn 29-Jul-2005 (, [2005] EWHC 1677 (Admin), Times 03-Aug-05, [2006] EuLR 178)
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market . . - Cited – Rainys And Gasparavicius v Lithuania ECHR 7-Apr-2005 (70665/01 ; 74345/01, , [2005] ECHR 226, , [2005] ECHR 226)
ECHR Judgment (Merits and Just Satisfaction) – Violation of Art. 14+8; Not necessary to examine Art. 8; No violation of Art. 10 nor of Art. 14+10; Pecuniary damage – financial award; Non-pecuniary damage – . . - Cited – Tarnesby v Kensington and Chelsea Health Authority (Teaching) HL 1981 ([1981] ICR 615)
Dr Tarnesby, a part-time consultant psychiatrist’s name was for a time suspended from the Medical Register after the appropriate Medical Authority had found him guilty of infamous conduct in a professional respect. The Hospital Board, his employer, . . - Cited – Sidabras and Dziautas v Lithuania ECHR 27-Jul-2004 (59330/00, , [2004] ECHR 395, 55480/00, (2004) 42 EHRR 104)
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . . - Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001 (Times 10-May-01, Gazette 14-Jun-01, , , [2001] 2 AC 295, [2001] 2 WLR 1389, [2001] 2 All ER 929, [2001] UKHL 23)
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . . - Cited – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002 (Times 26-Feb-02, , [2002] EWCA Civ 158, [2002] 3 WLR 344, [2003] QB 728)
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . . - Cited – Markass Car Hire Ltd v Cyprus ECHR 2-Jul-2002 (51591/99, , , [2002] ECHR 549, , [2001] ECHR 897)
The complaint was as to the length of the proceedings to set aside an ex parte interim order. The order was obtained on 31 March 1998 and under it the applicant was required to hand over to the plaintiff cars worth over andpound;Cyprus 500,000. It . .
This case is cited by:
- Appeal from – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another CA 24-Oct-2007 (, [2007] EWCA Civ 999, Times 16-Nov-07, [2008] 1 QB 422, [2008] 2 WLR 536, (2008) 11 CCL Rep 31, [2008] UKHRR 294, [2008] 1 All ER 886)
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 . . - At first instance – Wright and Others, Regina (on the Application of) v Secretary of State for Health and Another HL 21-Jan-2009 (, [2009] UKHL 3, , , (2009) 12 CCL Rep 181, (2009) 106 BMLR 71, 26 BHRC 269, [2009] UKHRR 763, [2009] PTSR 401, [2009] HRLR 13, [2009] 1 AC 73, [2009] 2 WLR 267, [2009] 2 All ER 129)
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. . .
These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.246075 br>