An extra-statutory database maintained by the Secretary of State of the names of people considered to be unsafe to work with children was lawful. Two competing and genuine interests were to be balanced. The right to pursue employment without being blacklisted and the need to protect children in the care of others. The list invited representations from those listed, and merely referred the potential employer to the authority which had requested placement of the name on the register. The Crown had the common law right to do anything which might be done by an individual.
Judges:
Lord Woolf MR, Hale, Mustill LJJ
Citations:
Gazette 09-Mar-2000, Times 01-Mar-2000, [2000] EWCA Civ 49
Links:
Statutes:
Protection of Children Act 1999
Jurisdiction:
England and Wales
Citing:
Cited – Entick v Carrington KBD 1765
The Property of Every Man is Sacred
The King’s Messengers entered the plaintiff’s house and seized his papers under a warrant issued by the Secretary of State, a government minister.
Held: The common law does not recognise interests of state as a justification for allowing what . .
Cited by:
Cited – New London College Ltd, Regina (on The Application of) v Secretary of State for The Home Department SC 17-Jul-2013
The Court was asked as to: ‘the system for licensing educational institutions to sponsor students from outside the European Economic Area under Tier 4 of the current points-based system of immigration control.’ The appellant’s license to sponsor . .
Lists of cited by and citing cases may be incomplete.
Employment, Administrative
Updated: 19 May 2022; Ref: scu.88609