Pova and Poca Lists

R (Wright) v Secretary of State for Health and Another
The House of Lords decided today that the procedure relating to Care Workers under Part VII of the Care Standards Act 2000 does not comply with the Human Rights Act 1998.

Care workers who look after vulnerable adults and are suspended or dismissed for misconduct, putting their charges at risk, are required to be reported to the Secretary of State by anyone who runs a care home or domiciliary service. Their names may then be placed provisionally on a list (the POVA list) which prevents them being employed to look after vulnerable adults. This provisional listing may or may not be confirmed. This scheme is modelled on the arrangements of those who work with children under the Protection of Children Act 1999 (the POCA list).

The effect of a provisional listing is to deprive those listed of the ability to work looking after vulnerable adults or children. There is no right, at present, for the individual who is reported to make representations before provisional listing.

The decision of the House of Lords is that the draconian effect of provisional listing, coupled with the delays before a full merits hearing can be obtained, is a breach of Article 6 of the Convention on Human Rights. This creates a right to a fair hearing within a reasonable time when civil rights and obligations are determined. Accordingly the Court made a declaration that Section 82(4)(b) of the Care Standards Act 2000 is incompatible with Convention Rights.

Source Charles Kelly