AH, human rights law, what trouble you can cause. This week the damage is a fracture in the adult care sector after a High Court ruling that placing temporary work bans on people accused of elder abuse without a hearing was incompatible with the Human Rights Act.
The charity Action on Elder Abuse calls the decision “a victory for abusers”, reports Community Care (Nov 23), but the British Association of Social Workers is more supportive. It says that service users’ safety comes first, but that “in all cases there should be a hearing before someone is barred from working”.
The magazine’s leader column says: “Across the public sector, we have seen numerous examples of employers settling scores with staff — who are often whistleblowers — through such disciplinary proceedings. Why should this system be any different? An independent view should be introduced at the outset.”
The Care Standards Act lets the Health Secretary put social care staff on the Protection of Vulnerable Adults list based on evidence of abuse provided by the accused’s employers. This stops the listed person from working. Those listed can challenge a decision, but must wait nine months before they have the right to an independent hearing.