Khakh v Independent Safeguarding Authority: CA 6 Nov 2013

The 2006 Act provided that the judge in the Crown Court ‘must inform the person at the time he is convicted’ that his name would be included on the statutory barring lists. The judge had failed to do so. The claimant objjcted to the inclusion of his name.
Held: Explaining why Parliament cannot fairly have intended that the consequence of the judge’s failure should be that the appellant’s inclusion on these lists was a nullity, Elias LJ gave as one of his reasons that: ‘the scheme is designed to protect children and vulnerable adults, and I cannot believe that Parliament can have intended that a failure by the judge should undermine that vital public objective.’

Elias LJ
[2013] EWCA Civ 1341
Safeguarding Vulnerable Groups Act 2006
England and Wales
Cited by:
CitedIn re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .

Lists of cited by and citing cases may be incomplete.


Updated: 25 November 2021; Ref: scu.517454