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Care workers blacklist 'unfair' Care workers blacklist 'unfair'
(about 1 hour later)
The procedure for blacklisting care workers in England accused of harming children or vulnerable adults is unfair, law lords say.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 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 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 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 nurses had been placed on the Protection of Vulnerable Adults and the Protection of Children Act lists.
Loss of earnings
The Royal College of Nursing complained they were put on the list before any investigation took place and suffered immediate loss of earnings.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.
Lords Phillips, Hoffmann, Hope and Brown and Baroness Hale unanimously declared that the process of placing workers on the POVA or the POCA list without an early hearing was incompatible with Articles 6 and 8 of the European Convention on Human Rights relating to the right to a fair hearing and the right to respect for private and family life.
Lady Hale said the effect of provisional listing, followed by a delay before the merits of the case were examined, was "draconian".
Although the lists were not made public, there were some people for whom the impact on personal relationships and the stigma attached to listing would amount to an interference with their private life, they said.
'Unfair system''Unfair system'
The RCN welcomed the Lords' ruling that the procedure breached the Human Rights Act. The RCN welcomed the Lords' ruling.
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.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.If successful, the claims could cost the government tens of millions of pounds.