The Royal College of Nursing and others challenged the lawfulness of a scheme which stopped those placed on lists established under the Safeguarding Vulnerable Groups Act 2006 from working with children and vulnerable adults. Three nurses had been cautioned for offences and one was under investigation and were therefore placed on the lists. It was submitted that the scheme was contrary to the European Convention on Human Rights Article 6 (right to a fair trial) and Article 8 (right to respect for family and private life) as there was not sufficient opportunity for review and the barring periods were disproportionate.
It was held that the automatic inclusion of all persons convicted or cautioned could not be justified simply to cater for a very small number of urgent cases. As there was considered to be breaches of Articles 6 and 8 a declaration of incompatibility was the appropriate relief.
R (on the application of (1) Royal College of Nursing (2) OO (3) CW (4) AA (5) ER) (Claimants) v Secretary of State for the Home Department (Defendant) & Independent Safeguarding Authority (ISA) (Interested Party) (2010) http://www.bailii.org/ew/cases/EWHC/Admin/2010/2761.html