EMPLOYMENT/HUMAN RIGHTS: R (Wright, Jummun, Quinn and Gambier) v Secretary of State for Health and Secretary of State for Education and Skills [2007] EWCA Civ 999

24 OCT 2007

(Court of Appeal; May, Dyson and Jacob LJJ; 24 October 2007)

The Secretary of State's provisional inclusion of a care worker on a list of individuals prohibited from working as carers of vulnerable adults, under Care Standards Act 2000, s 82(4)(b), was not incompatible with the Human Rights Act 1998. The 2000 Act could and should be read and given effect in such a way as to be compatible with Art 8, so as to require the Secretary of State to give the care worker an opportunity to make representations before he or she was included on the list, unless the giving of such an opportunity would expose vulnerable adults to the risk of harm.

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