Practice and Procedure

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)

PUBLISHED November 10, 2010

[2010] EWHC 2761 (Admin)

A scheme established under the Safeguarding Vulnerable Groups Act 2006, whereby a person convicted or cautioned in respect of offences listed under the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 Sch.1 para.3 was placed on a list and barred from working with children or vulnerable adults, was incompatible with the European Convention on Human Rights 1950 art.6 as the listed person was denied the right to make representations in advance of being listed.

QBD (Admin) (Wyn Williams J)