Wright & Ors, R (on the application of) v Secretary of State for Health & Anor [2007] EWCA Civ 999 (24 October 2007)

Wright & Ors, R (on the application of) v Secretary of State for Health & Anor [2007] EWCA Civ 999 (24 October 2007)

Section 82(4)(b) of the Care Standards Act 2000, as interpreted, is not incompatible with Articles 6 and 8 ECHR in all cases. While provisional listing may in some circumstances amount to a determination of civil rights, the statutory scheme as a whole, including the opportunity for representations and subsequent review, provides sufficient procedural safeguards. The retrospective effect of the scheme is limited and justified by the statutory purpose. The appeal on the Human Rights issue is allowed; the declaration of incompatibility is set aside.

Citation
[2007] EWCA Civ 999
Parties
Claimant/respondent: June Wright; Claimant/respondent: Khemraj Jummun; Claimant/respondent: Mary Quinn; Claimant/respondent: Barbara Gambier; Defendant/appellant: The Secretary of State for Health; Defendant/appellant: The Secretary of State for Education and Skills
Jurisdiction
England and Wales
Judgment Date
24 October 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court
Outcome
Appeal allowed in part; declaration of incompatibility set aside; Respondents' cross-appeal on retrospectivity dismissed.
Legal Topics
Human Rights Act 1998, Care Standards Act 2000, Article 6 ECHR, Article 8 ECHR, Procedural Fairness, Employment Restrictions, Retrospective Legislation
Public Law Human Rights Law Employment Law Human Rights Act 1998 Care Standards Act 2000 Article 6 ECHR Article 8 ECHR Procedural Fairness +2 more

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Parties

June Wright

Claimant/respondent

Khemraj Jummun

Claimant/respondent

Mary Quinn

Claimant/respondent

Barbara Gambier

Claimant/respondent

The Secretary of State for Health

Defendant/appellant

The Secretary of State for Education and Skills

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division, Administrative Court

Legal Issues

  1. 1 Whether section 82(4)(b) of the Care Standards Act 2000 is incompatible with Articles 6 and 8 of the European Convention on Human Rights due to lack of opportunity to be heard before provisional listing on the POVA list.
  2. 2 Whether the statutory scheme unlawfully operates with retrospective effect.
  3. 3 Whether judicial review or later appeal remedies are sufficient to render the scheme compliant with Article 6.

Ratio Decidendi

Section 82(4)(b) of the Care Standards Act 2000, as interpreted, is not incompatible with Articles 6 and 8 ECHR in all cases. While provisional listing may in some circumstances amount to a determination of civil rights, the statutory scheme as a whole, including the opportunity for representations and subsequent review, provides sufficient procedural safeguards. The retrospective effect of the scheme is limited and justified by the statutory purpose. The appeal on the Human Rights issue is allowed; the declaration of incompatibility is set aside.

Court Disposition

Appeal allowed in part; declaration of incompatibility set aside; Respondents' cross-appeal on retrospectivity dismissed.

Orders

  • Declaration of incompatibility under section 4(2) Human Rights Act 1998 set aside.
  • Respondents' cross-appeal on statutory construction dismissed.