SCIE Practice guide 09: Dignity in care
Promoting dignity within the law: Relevant articles in the Convention of the Human Rights Act
Article 6: the right to a fair trial and innocence until proven guilty
This concerns the requirement for civil rights to be fairly determined, and for criminal trials to contain full procedural safeguards. Article 6 has been the most litigated of the Convention articles, particularly in the criminal sphere. Cases have made it clear that Article 6 rights arise when, for instance, a care worker is placed (even temporarily) on a list of people prevented from working with vulnerable adults (the Protection of Vulnerable Adults, or POVA, List, introduced by the Care Standards Act 2000).
The basic right is to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law, and each of these elements of the right is important. Article 6 does not only apply to court hearings. Decisions by public bodies which deprive people of their rights should comply with the Article. The Charity Commission has produced principles for fair decision-making. These set out, for example, that decisions and decision-making processes should be open, fair, timely and impartial, that decisions should be communicated in a way that will not overawe or confuse the recipient, that the decision is, and can be seen to be, free from personal prejudice or bias and making sure that case files or other records demonstrate a clear trail of the decision-making process and never expressing biased or unsubstantiated opinions.
Practice points
- Ensure that service users have information about their legal rights.
- Maintain a list of local services that are experienced in working with people who may have communication difficulties or other needs (translators, for example).
- Provide service users’ legal representatives with advocates and communication specialists where this is necessary.
- Provide staff with practical training on legal developments when this is appropriate to their role and responsibilities.
- Develop procedures that make decision-making involving an individual’s rights transparent and fair, and ensure there is sufficient opportunity for individuals to put their case to the decision-maker.
Practice example
Mrs Turner says Mr Brown touched her inappropriately and, as part of the safeguarding adults procedure, the matter is being investigated and the police have been called. The situation is unclear, because Mrs Turner has dementia and has accused other men of having touched her the allegationswithout evr being substantiated. On the other hand, although Mr Brown denies having touched Mrs Turner, he has been known to display inappropriate sexual behaviour. Safeguarding procedures must ensure that Mr Brown is not labelled as a sexual offender and that he has access to independent legal advice.
Further information
Click here for more on the Charity Commission’s operational guidance.
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