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Have you been on the provisional POVA list?

You may be entitled to compensation if you've been on the provisional POVA list

Posted on 12 February 2009

As you may have seen or heard in the news, the House of Lords decided unanimously that the scheme for provisional Protection of Vulnerable Adults (POVA) listing is unlawful as it violates individuals’ right to a fair trial (Article 6) and right to respect for private and family life (Article 8).

What does the Judgment mean?

The Lords declared that the scheme for provisional POVA listing is incompatible with human rights; however this does not allow anyone affected to bring a claim for compensation in English Courts. This is because the scheme was established under an Act of Parliament, and the Department of Health cannot be sued for acting in line with an Act of Parliament.

The only available avenue to obtain compensation through the Court is to pursue a claim in the European Court of Human Rights or through a settlement.

Seeking compensation

If you have been on the provisional POVA list and subsequently not confirmed on the substantive POVA list, or been removed after an appeal, and would like to claim compensation for having been provisionally listed in breach of your human rights, please contact Merry Varney of Leigh Day & Co on 0207 650 1200.

Before you telephone, please ensure that you have to hand:

  • The date you were provisionally included on the POVA list
  • The date you were not confirmed on the POVA list or removed from the POVA list after an appeal.

Please be aware that compensation for losses arising from the provisional POVA listing cannot of course be guaranteed.

Information was correct at time of publishing. See terms and conditions for further details.