NJ v The Secretary of State for Health, Court of Appeal - Protection of Vulnerable Adults, March 27, 2008, [2006] EWCST 727(PVA)

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NJ v The Secretary of State for Health, Court of Appeal - Protection of Vulnerable Adults, March 27, 2008, [2006] EWCST 727(PVA)

Care Standards Tribunal

1

NJ v The Secretary of State for Health [2006] EWCST 727(PVA) (27 March 2008)

NJ

-v-

Secretary of State for Health

[2006] 727.PVA

[2006] 728.PC

Before:

Mr A Lindqvist (Nominated Chairman)

Mrs C Trencher MBE

Mr T Greenacre

DECISION

Heard on the 4th, 5th and 6th March 2008

For the Appellant: Mr. David Pittaway Q.C. with Mr. Jamie Carpenter, instructed by Mrs. Susan Hotchin, Royal College of Nursing,

For the Respondent: Mr. Alexander Ruck Keene instructed by Mona Fawaz, Treasury Solicitor.

1. The appellant (NJ) appeals against a decision of the Secretary of State made on the 30th of March 2006 to include his name on lists kept a) under section 81 (1) of the Care Standards Act 2000 of individuals considered unsuitable to work with vulnerable adults, (the PoVA list) and b) under section 1 of the Protection of Children Act 1999 of individuals considered unsuitable to work with children, (the PoCA list) and to direct under section 142 of the Education Act 2002 that he be prohibited from teaching or working with children (List 99).

2. NJ is a care worker of some 34 years standing with, until the events giving rise to this appeal, an unblemished record. In March 2004 he was the manager of a small home in the West Midlands for four adult men with severe learning difficulties. On the evening of the 26th of March, one of those four residents (hereinafter `A') made communications largely by gesture suggestive of a sexual assault by NJ...

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