The Chief Constable appealed against an order made against him on the disclosure made on replying to an Enhanced Criminal Record Certificate request, of unproven sexual misconduct allegations against the claimant. The judge had found the disclosure disproportionate given the circumstances of the allegation. The allegations were some 15 years old, and the judge found that insufficient consideration had been given by the appellant to the position applied for.
Held: The appeal system within the Act related only to the accuracy of the information provided. It should be practice before proceedings to allow the claimant to make representations. In this case the respondent had applied the inapplicable criteria, and had not taken any representations. The judge had been able to quash the decision. He had however gone beyond that to grant declaratory and injunctive relief, and those were set aside.
Lord Neuberger MR, Wilson, Toulson LJJ
[2011] EWCA Civ 175, [2011] PTSR D41, [2011] 2 FLR 383, [2011] Fam Law 581
Bailii
European Convention on Human Rights 8, Police Act 1997
England and Wales
Citing:
Cited – Regina (X) v Chief Constable of West Midlands Police CA 30-Jul-2004
The claimant had been accused of offences, but the prosecution had been discontinued when the child victims had failed to identify him. The police had nevertheless notified potential employers and he had been unable to obtain work as a social . .
Cited – L, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .
Lists of cited by and citing cases may be incomplete.
Police, Human Rights
Updated: 11 November 2021; Ref: scu.430224