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29 January 2009
Issue: 7354 / Categories: Legal News , Human rights
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Victory for care workers

Human rights

Banning care workers from working with vulnerable people without giving them an opportunity to answer is a breach of their human rights, the House of Lords has ruled.

In R (Wright & Ors) v Secretary of State for Health, Lord Phillips and four Law
Lords declared the procedure for listing people unsuitable to work with vulnerable adults— the POVA list—incompatible with the right to a fair hearing under Art 6 of the European Convention on Human Rights.

Care workers can be excluded under s 82(4)(b) of the Care Standards Act 2000, and have to pursue a lengthy administrative process in order to challenge this decision. Baroness Hale said the effect of listing was to prevent a new employer employing them in a care position or to deprive them of such a position if they had one, while challenging the decision could take as much as nine months.

Issue: 7354 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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