EH v SOS

Having been referred to the Secretary of State by Plymouth Council the appellant was provisionally listed upon the Protection of Children Act (PoCA) list and the Protection of Vulnerable Adults list (PoVA) in June 2004. Representations were made to the appellant�s solicitors and considered by the Secretary of State who confirmed that appellant on both lists on 4 th January 2005. Those decisions were not appealed.

On 10 th June 2009 the appellant wrote to the Secretary of State formally seeking a review of the decision to place her on the PoCA and PoVA lists on the basis that she had obtained new information and evidence, the Secretary of State agreed to carry out a review. On 7 th October 2009 the Secretary of State informed the appellant that having reconsidered her case he had decide that she should remain on both lists.

There has been a considerable delay whilst the Upper Tribunal established that there was a right to appeal to this Tribunal against that decision. That appeal was received on 15 th April 2011.

Section 4 of the Protection of Children Act 1999 sets out that to place the appellant upon the relevant lists it is for the Secretary of State to demonstrate that the appellant is guilty of misconduct (whether or not in the course of her duties) which has placed a child at risk, and further that she is unsuitable to work with children.

The appellant qualified as a social worker in 1989 and worked as an Approved Social Worker with one County Council and later in adult Mental Health with a second Council.� She met her husband in 1992 they married in 1994. EH was aware that he had committed very serious offences before he met her before us she explained that she considered him fragile and that her relationship with him was in part his social worker.