R (Wright and others) v Secretary of State for Health and another [2009] UKHL 3

Under legislation, Secretary of State could enter names of people on a provisional list of people unsuitable for working with children, without giving them the chance to make representations.

HL held that this was incompatible with Article 6: The ability to remain in employment was a civil right which could be seriously and irreparably damaged if Defendant was placed in the list, so that placing a person on the list amounted to a determination of Defendant’s civil rights within Article 6 (even though measure was just interim). Therefore the procedure had to be fair within Article 6, which was not achieved since the workers didn’t even have the opportunity of answering allegations against them.

Also the stigma attached to being placed on the lists could prevent Defendants from establishing and developing rights with others, which was part of Article 8 right to private life.

The great extent of these restrictions was so great as to prevent them being rendered ‘proportionate’ by the ‘urgency’ of the situation.