Facts: Ms Joyce was dismissed from her employment in a care home after having been found sleeping on duty and, on that basis, the Secretary of State included her on the Protection of Vulnerable Adults (POVA) list. Ms Joyce appealed to the Care Standards Tribunal and the Secretary of State sought to rely on additional matters before the Tribunal, as evidence of Ms Joyce’s misconduct, gleaned from documents sent by Ms Joyce’s former employer, when he had referred her to the Secretary of State for sleeping on duty. The Tribunal held that it could take such matters into account and Ms Joyce appealed that holding.

Judgment: Goldring J dismissed the appeal holding that the Secretary of State had no control over the reference to him by the provider and it was only when the Secretary of State prepared the appeal that further issues might become apparent. It was well within the statutory language for the Secretary of State to raise such further matters and for the Tribunal to determine them and a narrower approach would contradict the protective purpose of the machinery.