The claimant challenged the decision of the respondent to reveal to his employers details of a conviction in 1987, when he was 15, for sexual assault on a child, and that he was presently on bail pending a decision for a further allegation. He was employed to make deliveries including to private homes. He was summarily dismissed, but the investigation referred to did not proceed to charge. The spent conviction was not of a character to make it exemption from being spent. The officer had had no regard to the Home Office circular controlling such disclosures.
Held: The claimant had been given opportunity to explain the extent of his contact with children but had not done so. The decision to disclose was made by a senior officer, not the one complained of. The spent conviction should not have been disclosed, but the police were entitled to take it into account in judging the need to disclose the then current investigation.
Nicol J
[2009] EWHC 747 (Admin)
Bailii
Rehabilitation of Offenders Act 1974 (Exceptions) Order 1974, Rehabilitation of Offenders Act 1974 5(5)4
England and Wales
Citing:
Cited – London Borough of Newham v Khatun, Zeb and Iqbal CA 24-Feb-2004
The council made offers of accommodation which were rejected as inappropriate by the proposed tenants.
Held: The council was given a responsibility to act reasonably. It was for them, not the court to make that assessment subject only to . .
Cited – Regina 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 . .
Cited – In re H and R (Minors) (Child Sexual Abuse: Standard of Proof) HL 14-Dec-1995
Evidence allowed – Care Application after Abuse
Children had made allegations of serious sexual abuse against their step-father. He was acquitted at trial, but the local authority went ahead with care proceedings. The parents appealed against a finding that a likely risk to the children had still . .
Lists of cited by and citing cases may be incomplete.
Police, Administrative
Updated: 02 November 2021; Ref: scu.331000
