Paul Ozin in successful statutory appeal to the High Court from the Care Standards Tribunal which confirms the importance of public confidence as a key consideration in PoVA and PoCA secondary listings
BP v SoS CS&F [2007] 1127.PC [2007] EWCST 1128(PVA); [2009] EWHC 866 (Admin)
See BAILII Report of High Court decision
See BAILII Report of Tribunal decision
Paul Ozin represented the Secretary of State for Children, Schools and Families in a statutory appeal to the High Court from the Care Standards Tribunal. He appeared for the Secretary of State in the hearing before the Care Standards Tribunal whose decision was the subject-matter of the appeal. The Tribunal refused BP's appeal against the inclusion of his name on the Protection of Children Act list (preventing him from working with children) but allowed his appeal against the inclusion of his name on the Protection of Vulnerable Adult Act list (preventing him from working with vulnerable adults).
The issues before the High Court were whether the CST had given adequate reasons for its decision to remove BP from the PoVA list and whether, given its factual findings, its decision was wrong. Munby J, allowing the SoS's appeal, held that, in particular, the Tribunal had failed to consider relevant jurisprudence of the Tribunal holding that the impact of a primary listing on public confidence in BP was an important factor in the assessment of his unsuitability for the purposes of the secondary listing. He confirmed the correctness of that jurisprudence, holding that it was "quite plainly correct".