LC v Secretary of State

This is an appeal under section 4 of the Children Act 1999 and Section 86 of the Care Standards Act 2000 against the Respondent�s decision of 9 February 2009 to include the Appellant in the list of individuals considered unsuitable to work with both children and vulnerable adults (the �POCA and POVA� lists).� The two appeals were consolidated in accordance with Rule 5(3) (b) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 by a direction made on 1 July 2009. � ��

On 1 July 2009 a Restricted Reporting Order under Rule 14(1)(b) was made prohibiting the publication (including by electronic means)in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify any child.

KC was examined by Doctor Alanah Houston on 17 January 2008. She recorded the injuries caused by the Appellant as follows;

�bruising of the bridge of the nose with overlying abrasion; a 4cm bruise on the left temple with overlying abrasion, top of skull, 1.5 cm abrasion to the top of the skull, back of head various abrasions, right parietal area bruise 1.5cm, right shoulder bruise 3 cm, right upper arm bruise 9 cm x2cm, right forearm bruise 2 cm, right forearm bruise 7cm by 3cm, 4 cm abrasion to back of right hand, 3 cm deep bruise to left upper arm, 4 cm deep bruise to left elbow�.

It became apparent that the respective schools of KC and DC both failed to alert social services of assaults on DC and KC.� KC was moved to another home as were the two babies that the Appellant had fostered and DC remained at home.� The local authority considered this was workable.