Home > Cases > Soper v Secretary of State [2007] EWCST 1194 (PC)

Application for leave to appeal the decision of the Secretary of State not to remove the Applicant from the two lists of individuals who are considered unsuitable to work with children (the PoCA list) and unsuitable to work with vulnerable adults (the PoVA list).

Held: The task for the Tribunal at leave stage upon a section 1(3) application is to consider whether the Appellant has demonstrated that the Secretary of State should not have included the Appellant on the list. In other words, in the case of a referral after a dismissal, that the Secretary of State should not have reached the opinion that (a) the organisation reasonably considered the individual to be guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and (b) that the individual is unsuitable to work with children.

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