BP v Secretary Of State for Health [2007] EWCST 1127(PC) (04 February 2008)

BP v Secretary Of State for Health [2007] EWCST 1127(PC) (04 February 2008)

The application to strike out the appeal is dismissed because it cannot be said that there is no reasonable prospect of success; the facts and suitability require assessment by a Tribunal panel and may depend on further evidence.

Citation
[2007] EWCST 1127
Parties
Applicant: B. P.; Respondents: Secretary of State for Health and Secretary for State for Children, Schools and Families
Jurisdiction
England and Wales
Judgment Date
04 February 2008
Procedural Posture
Appeal Against Administrative Decision (listing on Po CA and Po Va) / Application to Strike Out Appeal
Outcome
Application to strike out dismissed
Legal Topics
Protection of Children Act List, Protection of Vulnerable Adults List, Strike Out Applications, Suitability to Work With Children, Effect of Criminal Conviction on Regulatory Listing
Administrative Law Child Protection Law Criminal Law Protection of Children Act List Protection of Vulnerable Adults List Strike Out Applications Suitability to Work With Children Effect of Criminal Conviction on Regulatory Listing

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Parties

B. P.

Applicant

Secretary of State for Health and Secretary for State for Children, Schools and Families

Respondents

Procedural Posture

Appeal Against Administrative Decision (listing on Po CA and Po Va) / Application to Strike Out Appeal

Legal Issues

  1. 1 Whether the appeal against inclusion on the PoCA and PoVA lists is misconceived, frivolous, or has no reasonable prospect of success
  2. 2 Whether the applicant's conviction for making indecent images of children necessarily leads to a finding of misconduct and unsuitability to work with children or vulnerable adults

Ratio Decidendi

The application to strike out the appeal is dismissed because it cannot be said that there is no reasonable prospect of success; the facts and suitability require assessment by a Tribunal panel and may depend on further evidence.

Court Disposition

Application to strike out dismissed

Orders

  • Application to strike out the appeal is dismissed
  • Respondent to file Reply within 20 working days