Temporary protection of vulnerable adults listing ‘incompatible’ with human rights law, care workers to argue in new challenge

The system for provisionally listing care staff on the Protection of Vulnerable Adults list is incompatible with human rights law, nurse and care workers are to argue in the European Court of Human Rights.

Law firm Leigh Day & Co has taken on the cases, saying the way the Pova legislation has been drafted has caused many innocent care workers “immense hardship.”

The challenge comes on the back of a High Court ruling in November last year that said legislation governing how nurses and care workers were placed on the provisional Pova list was incompatible with articles 6 and 8 of the European Convention on Human Rights.

Under current legislation, a care worker may only challenge their provisional listing a minimum of nine months after being listed. During the period they are listed, they are unable to work in a caring role, leading to “serious financial difficulties” for many care workers along with stress and “damaging” psychological effects, Leigh Day & Co said.

The firm is seeking care workers who may have been adversely affected by a provisional Pova listing to be included into the application they are making to the European Court of Human Rights.

The deadline for submissions is May 17. Contact rhadden@leighday.co.uk

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