Under the Protection of Vulnerable Adults (PoVA) scheme nurses can be placed on a provisional list if a complaint has been made against them, and are unable to work until an appeal against the listing has been heard.  This process can take up to nine months leaving nurses who have been listed on the provisional list suffering financial hardship as they cannot work in their profession whilst on the list.  In extreme cases nurses have had to sell their homes, or leave the UK, as they are unable to work in the country anymore.

Human Rights Department Partner Frances Swaine has instructed Jeremy Hyam of 1 Crown Office Row to work alongside Martin Spencer QC and Jamie Carpenter of Hailsham Chambers, to argue that the PoVA scheme is incompatible with the European Convention of Human Rights, and these cases are being heard in the House of Lords this week.  About 100 Leigh Day clients are awaiting the outcome of this case, before they proceed with their application to the European Court of Human Rights, where their case is currently stayed pending the outcome of this week’s hearing.  The care workers are seeking compensation from the government for having been suspended from work without being able to defend themselves, and the consequential losses that flow from that situation.

Leigh Day is taking the claim on to the European Court of Human Rights at Strasbourg as a class action and is keen to hear from any other nurses or care workers who may have been put on the provisional PoVA list.  The scheme will be succeeded by the Independent Safeguarding Authority scheme next year that will allow nurses to make their cases before they are suspended.

Hopes were raised 2006 following a High Court ruling (Wright and Others v Secretary of State for Health) that found that the legislation governing how care workers came to be listed on the Protection of Vulnerable Adults (POVA) register was incompatible with Articles 6 and 8 of the European Convention on Human rights (ECHR).

If you are a nurse or a care worker who has been affected by these issues please contact Frances Swaine or Merry Varney on 020 7650 1200.