header-logo header-logo

Victory for care workers

29 January 2009
Issue: 7354 / Categories: Legal News , Human rights
printer mail-detail

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
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll