AW v The Secretary of State for Education and Skills, Court of Appeal - Protection of Children Act List and Prohibition from teaching and working in schools, July 11, 2005, [2004] EWCST 411(PC)

Reporting Judge: [2004] EWCST 411(PC)

President: AW v The Secretary of State for Education and Skills

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AW v The Secretary of State for Education and Skills, Court of Appeal - Protection of Children Act List and Prohibition from teaching and working in schools, July 11, 2005, [2004] EWCST 411(PC)

AW v The Secretary of State for Education and Skills [2004] EWCST 411(PC) (11 July 2005)

BETWEEN

-V-

THE SECRETARY OF STATE FOR EDUCATION AND SKILLS

[2004] 0411.PC

-BEFORE-

MR I ROBERTSON (Chairman)

MS M HARRIS

MR J BLACK

Sitting at the Care Standards Tribunal on 22 and 24 June 2005

Mr W appeared in person

Mr R Palmer (Counsel) for the Secretary of State

Majority Decision: Appeal allowed and a direction made under s.4c3) that Mr AW’s name be removed from the Protection of Children Act List.

1. This is an appeal brought by Mr W under S4(3) Protection of Children Act (POCA) against a decision taken by the Secretary of State on 1 September 2004 to include his name on the list maintained by the Secretary of State under S1 of POCA. There was a simultaneous appeal against inclusion in the Protection of Vulnerable Adults (PoVA) list but by letter dated 9 June 2005 the Secretary of State withdrew his opposition to the PoVA appeal and that appeal was formally allowed by decision of the President (His Honour Judge David Pearl) on 9th June 2005 and his name removed from the POVA list.

2. The Appellant made an application at the outset for an order restricting reporting under regulation 18 of the Tribunal Regulations. We agreed to the making of such an Order to protect the Appellant’s private life. In the light of the findings we have made we make a further order restricting or editing this decision under Regulation 27 to protect the identity of children who the Appellant has worked with and the Appellant himself.

THE FACTS

3. The Appellant is a social worker who has worked in social care with children for nearly 30 years. He has worked for Local Authorities and latterly in the private sector in the field of permanency, in particular fostering. H...

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