AWL v Secretary of State - appeal allowed against POVA/POCA listings - Care Standards Tribunal 18.12.07
On an outing to the beach AWL threw sand at a vulnerable adult in his care whom staff were trying to restrain. The police cautioned him for common assault. Because of his misconduct in assaulting a service user and the caution, he was placed on the PoCA and PoVA lists as unsuitable to work with children or vulnerable adults. The CST allowed his appeal. The key issue was "suitability". This was a one-off incident. AWL was clearly remorseful. A CRB check will always disclose the caution. His record was otherwise unblemished.