RCN seeks judicial review of vetting and barring

The RCN is concerned that any individual deemed by the ISA to be "unsuitable" to work with children or vulnerable adults could be barred from work in their chosen profession for a minimum of 10 years, reports The Register . The standard of proof required by the ISA is no more than "on the balance of probabilities". The ISA is being asked to judge not simply whether an individual has committed a particular offence, but also their suitability and likelihood that they might do something untoward in the future. This includes hearsay evidence – not permitted in a criminal trial – and scoring algorithms that could take account of factors including individual sexual propensities and what films they watch. Dr Peter Carter, chief executive and general secretary of the RCN, said: "The RCN has written to the home secretary to give notice of our intention to seek a judicial review of the vetting and barring scheme. This is consistent with the pre-action protocol for judicial review. Of course, nursing staff recognise that the protection of children and vulnerable people is of the utmost importance. "However, we are concerned that the new scheme is already failing to provide our members with a fair hearing and can result in them being disproportionately barred for 10 years for less serious disciplinary offences. "Having had exhaustive discussions with the previous government over the inclusion of appropriate procedural safeguards for our members and having taken extensive legal advice, the RCN firmly believes that the vetting and barring scheme is unfair. We also believe the scheme contravenes articles six and eight of the European Convention on Human Rights which forms part of the basis for our challenge." The Home Office acknowledged that the home secretary Teresa May had received a letter from the RCN giving notice of their intentions, and that she will respond in due course. "The government has committed to review the criminal records and vetting and barring regime and scale it back to common sense levels," said a spokesperson. It is likely that any court action could further delay full implementation of the ISA vetting and barring scheme, which was due to start relieving individuals of their £64 registration fee in July of this year.