Wright & Ors, R (on the application of) v Secretary of State for Health & Anor

Wright & Ors, R (on the application of) v Secretary of State for Health & Anor

The Court of Appeal held that provisional inclusion in the POVA list under section 82(4)(b) of the Care Standards Act 2000 engages Article 6 ECHR in all cases due to its potential to cause serious prejudice to care workers. The absence of a right to make representations before provisional listing is a breach of Article 6, which cannot be cured by subsequent judicial review or appeal. However, the court found that section 82(4)(b) can and should be interpreted, pursuant to section 3(1) of the Human Rights Act 1998, to require the Secretary of State to give care workers an opportunity to make representations before provisional listing, unless delay would place a vulnerable adult at risk of...

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) / Appeal From Queen’s Bench Division, Administrative Court
Outcome
Appeal allowed; declaration of incompatibility quashed; section 82(4)(b) to be interpreted compatibly with Article 6 ECHR as requiring opportunity to make representations unless urgent risk exists.
Legal Topics
Right to Fair Hearing, Article 6 ECHR, Article 8 ECHR, Provisional Listing of Care Workers, Statutory Interpretation, Retrospective Legislation
Constitutional Law Human Rights Law Administrative Law Employment Law Right to Fair Hearing Article 6 ECHR Article 8 ECHR Provisional Listing of Care Workers +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) / Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether provisional inclusion of care workers in the POVA list under section 82(4)(b) of the Care Standards Act 2000 is incompatible with Articles 6 and 8 of the European Convention on Human Rights
  2. 2 Whether section 82(10) of the Care Standards Act 2000 precludes referrals for pre-commencement misconduct
  3. 3 Whether the statutory scheme provides adequate procedural safeguards

Ratio Decidendi

The Court of Appeal held that provisional inclusion in the POVA list under section 82(4)(b) of the Care Standards Act 2000 engages Article 6 ECHR in all cases due to its potential to cause serious prejudice to care workers. The absence of a right to make representations before provisional listing is a breach of Article 6, which cannot be cured by subsequent judicial review or appeal. However, the court found that section 82(4)(b) can and should be interpreted, pursuant to section 3(1) of the Human Rights Act 1998, to require the Secretary of State to give care workers an opportunity to make representations before provisional listing, unless delay would place a vulnerable adult at risk of...

Court Disposition

Appeal allowed; declaration of incompatibility quashed; section 82(4)(b) to be interpreted compatibly with Article 6 ECHR as requiring opportunity to make representations unless urgent risk exists.

Orders

  • Quash the declaration of incompatibility made by the lower court.
  • Declare that section 82(4)(b) of the Care Standards Act 2000 must be read as requiring the Secretary of State to give care workers an opportunity to make representations before provisional listing, unless delay would place a vulnerable adult at risk of harm.