In a judicial review Mr Justice Stanley Burnton said provisions to ban those provisionally listed from working in the care sector without a hearing were unfair and disproportionate.
The case was brought by four nurses who had all been provisionally listed for at least eight months before their names were either removed or confirmed on the list by the health secretary.
Under the Care Standards Act 2000, care staff can only challenge their provisional listing, or the health secretary’s decision to confirm their listing, at the Care Standards Tribunal after nine months.
Mr Justice Burnton concluded this breached their rights to a fair trial and to “respect for their private and family life”, under the Human Rights Act, and staff should face a tribunal before they are suspended from working.
Three of the nurses did not have their listings confirmed, and the fourth’s case is due to be heard at the tribunal.