[2009] UKHL 3  

The House of Lords has made a declaration of incompatibility between s82 of the Care Standards Act 2000 (the “Act”) and the European Convention on Human Rights.

Section82 of the Act provides upon referral from an employer/ex-employer and where qualifying conditions are met, that a care worker is provisionally listed on the “Protection of Vulnerable Adults” (POVA) list. Very often, following representation from the care worker the listing is not confirmed and the name is removed from the list however, this can take many months during which time they may have lost their employment. The House of Lords ruled that this process as contained within s82 of the Act breached both Article 6 (right to fair and public hearing) and Article 8 (right for private life) of the Convention.

This decision means that those who were not confirmed on the list or removed following an appeal may have a right to damages for breach of rights under the Convention. There will be similar implications for those placed on the Protection of Children list.