L, Regina (on the Application of) v Commissioner of Police of the Metropolis: Admn 19 Mar 2006

The court considered the duties on the respondent in providing an enhanced criminal record certificate. In one case, the claimant had brought up her son who was made subject to child protection procedures for neglect. Her job involved supervising children at lunch time at a school. In the second case, a school head teacher had been prosecuted but found not guilty of gross negligence manslaughter after an autistic child wandered from the playground and was killed by a lorry. The Fire department had forbidden the use of locked gates. In assessing this for disclosure the police misread the judge’s statemnent as to her alleged negligence.
Held: Evidence of the claimant’s alleged negligence was something which the police could properly disclose. For enhanced disclosure, consideration and disclosure was not restricted to purely criminal records.


Munby J


[2006] EWHC 482 (Admin)




Police Act 1997 115, Rehabilitation of Offenders Act 1974 4(2), Children and Young Persons Act 1933 1(1)


England and Wales


CitedRegina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB CA 18-Mar-1998
Public Identification of Pedophiles by Police
AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought . .
CitedRegina v Local Authority and Police Authority in the Midlands ex parte LM 2000
The applicant owned a bus company whose contract with the local education authority for the provision of school bus services was terminated after the disclosure by the police and the social services department of a past investigation into an . .
CitedRegina (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 . .
CitedSidabras and Dziautas v Lithuania ECHR 27-Jul-2004
Former KGB officers had been banned from employment in a range of public and private sector jobs, including as lawyers, notaries, bank employees and in the teaching profession. They complained of infringement of Article 8 taken alone and also in . .
CitedRegina v Sheppard HL 1981
The section made it an offence for anyone having care of a child to wilfully neglect the child ‘in a manner likely to cause him unnecessary suffering or injury to health’.
Held: The section speaks of an act or omission that is ‘likely’ to . .
CitedRegina v Norfolk County Council, ex parte M QBD 1989
The plaintiff worked as a plumber. His work took him to a private children’s home. An allegation of sexual abuse was made against him by a 13 year old child. She had made other claims against other men which had proved to be false. He was released . .
CitedRegina v Harrow London Borough Council ex parte D 1990
The court discussed the legal status of the Child Protection Register. Butler-Sloss LJ: ‘The case conference has a duty to make an assessment as to abuse and the abuser, if sufficient information is available. Of its nature, the mechanism of the . .
CitedRegina v Shulman, Regina v Prentice, Regina v Adomako; Regina v Holloway HL 1-Jul-1994
An anaesthetist failed to observe an operation properly, and did not notice that a tube had become disconnected from a ventilator. The patient suffered a cardiac arrest and died, and the defendant was convicted of manslaughter, being guilty of gross . .
CitedRegina v Hampshire County Council ex parte H Admn 17-Nov-1997
. .

Cited by:

Appeal fromL, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another CA 1-Mar-2007
The court considered the proper content of an enhanced criminal record certificate. The claimant said that it should contain only matter relating to actual or potential criminal activity.
Held: As to the meaning of section 115: ‘if Parliament . .
At First InstanceL, 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, Information

Updated: 06 July 2022; Ref: scu.242287