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Britishmalayali
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Question

I am nurse worked in the United Kingdom for 6 years. I am cautioned by the police of an offence. The offence is with Sex Relation Act.

I am barred by the Independent safe guard authority for 5 years.

They did not allowed me to tell and listen to case before including in the barred list.

Now I cannot work as nurse because of barring.

I contacted my union all time and they told me they cannot do anything.

Can you advise me anything thing do with my case.

Answer.

Dear Mr A,

We believe that, you are barred by the Independent Safeguard Authority (ISA)for 5 years. You are aware that, when you are put in either or both of the barred lists. Adult Barred List or Children Barred List, you cannot do any of the “regulated activities” The regulated activities are the activities or work connected with vulnerable adults or children. We imagine that, you are made automatic inclusion in either or both of the barred list without the right of representation.

Your question are two folds.

1.   By the nature of your conviction and sanction by way of a caution order by the police, whether the Independent Safeguard Authority (ISA) is right in putting you in the barred list?

2. Whether the automatic inclusion in the barred list, without the right of representation is correct?

Point No. 1

We advise you that, conviction and sanction by way of a caution order under Sex Relation Act is serious in nature and can array someone in the barred list. We did not have any further details of the nature of the office you committed and repercussion on the victim and the society at a large, we cannot comment further on that aspect.

We strongly advise to take independent legal advice on that front.

Point No. 2

As far as the inclusion in the barred list without representation, we advise you that, the actions of the Independent Safeguard Authority (ISA) is incorrect.

As per  the decision of the High Court of the United Kingdom in R (RCN 1) OO {1} CW {2} AA {3} ER {5} v Secretary of State for the Home Department 2010 EWHC 2761 {Admin} Independent Safeguard Authority ( ISA) is obliged to give you a right of representation in any eventuality.We advise you that, putting you in the barred list without the availing the right of representation is violate Article 6 of European Convention on Human Right (ECHR).

As the case stand right now, we advise to lodge a comprehensive representation before Barring & Disclosure Service (Independent Safeguard Authority merged with Barring & Disclosure Service) citing all your grievances.

We make our position clear that, we are advising you only on your right of representation by virtue of decision of the High Court in R (RCN 1) OO {1} CW {2} AA {3} ER {5} v Secretary of State for the Home Department 2010 EWHC 2761 {Admin}.

Zenith Solicitor (Legal Defence Team.)

 Disclaimer

The information contained in this article are from the event happened previously. The author of this article takes no responsibility in any shape or form should someone decide to act upon or use it for his/her personal consumption. The article has merely been presented exclusively for information. Should some on decide to use it for any reason, is strongly recommended to take independent legal advice prior to acting upon.
 
Zenith Solicitor.

 

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