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Care workers blacklist 'unfair' | |
(41 minutes later) | |
The procedure for blacklisting care workers in England accused of harming children or vulnerable adults is unfair, law lords say. | |
The House of Lords ruled that, because care workers were put on a provisional blacklist before any investigation, they were denied a fair hearing. | |
The ruling could see millions paid to workers unfairly barred from work. | |
The ruling was made in the case of four care home nurses placed on two blacklists after allegations of abuse. | |
The nurses had been placed on the Protection of Vulnerable Adults and the Protection of Children Act lists. | |
The Royal College of Nursing complained they were put on the list before any investigation took place and suffered immediate loss of earnings. | |
The Protection of Vulnerable Adults (POVA) and the Protection of Children Act (POCA) lists apply to all care workers who deal with vulnerable adults and children. | The Protection of Vulnerable Adults (POVA) and the Protection of Children Act (POCA) lists apply to all care workers who deal with vulnerable adults and children. |
'Unfair system' | 'Unfair system' |
The RCN welcomed the Lords' ruling that the procedure breached the Human Rights Act. | |
RCN chief executive and general secretary Dr Peter Carter said: "The RCN has been campaigning to end this unfair system since it was first introduced. | RCN chief executive and general secretary Dr Peter Carter said: "The RCN has been campaigning to end this unfair system since it was first introduced. |
"I am delighted the highest court in the land has upheld the principle that care workers have a right to have their side of the story heard before losing their livelihoods, often for more than a whole year. | "I am delighted the highest court in the land has upheld the principle that care workers have a right to have their side of the story heard before losing their livelihoods, often for more than a whole year. |
"Until now, nurses placed on the list provisionally were banned from working in any care setting - sometimes on the flimsiest of evidence or on the basis of malicious accusations, without the fundamental right to a hearing." | "Until now, nurses placed on the list provisionally were banned from working in any care setting - sometimes on the flimsiest of evidence or on the basis of malicious accusations, without the fundamental right to a hearing." |
The POVA scheme was created by the Care Standards Act 2000 in which the Secretary of State holds a list of people who are considered "unsuitable to work with vulnerable adults". | The POVA scheme was created by the Care Standards Act 2000 in which the Secretary of State holds a list of people who are considered "unsuitable to work with vulnerable adults". |
In the autumn, the POVA and the POCA will be replaced by the Independent Safeguarding Authority, chaired by Sir Roger Singleton. | In the autumn, the POVA and the POCA will be replaced by the Independent Safeguarding Authority, chaired by Sir Roger Singleton. |
The RCN says about 5,500 people have been placed on the provisional list and many could potentially bring compensation claims against the government. | |
If successful, the claims could cost the government tens of millions of pounds. |