“The following 4 recent cases all share the broad theme of claims or accusations against teachers.”
Education Law Blog, 1st May 2013
Source: www.education11kbw.com
Teachers accused: 4 recent cases – Education Law Blog
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Article 8 and enhanced criminal record certificates -
“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”
Panopticon, 30th April 2013
Source: www.panopticonblog.com
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Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph
“The PE teacher has not worked for more than two years because the allegation remained on his record even though police investigated and took no action.”
Daily Telegraph, 22nd April 2013
Source: www.telegraph.co.uk
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Teacher wins right to have dropped allegation removed from criminal record checks – The Independent
“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”
The Independent, 22nd April 2013
Source: www.independent.co.uk
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A history of violence: is Clare’s Law working? – The Guardian
“When Clare Wood was murdered by her ex-boyfriend, a scheme was set up to allow women to see details of their partner’s violent past. Six months on, Steve Boggan finds out if ‘Clare’s Law’ is working.”
The Guardian, 21st April 2013
Source: www.guardian.co.uk
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Europol, the EU’s crime intelligence agency demands access to British police files – The Guardian
“New powers will give the European Union’s criminal intelligence agency Europol
access to all information held by the police, including evidence files on
children, victims, witnesses and other people never even suspected of a crime.”
Daily Telegraph, 18th April 2013
Source: www.guardian.co.uk
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Proposed reforms undermine the Rehabilitation of Offenders Act 1974 – Halsbury’s Law Exchange
“Imagine you are a middle-aged man with a young family looking to change career to work as a primary school teacher. When you were 12 you took a chocolate bar from a shop. You learnt a salutary lesson and never repeated this isolated error of judgment. Is it right that your prospective employer should be told this? Well, whilst the Government thought your prospective employer should be forewarned, the Court of Appeal disagreed. The Court of Appeal, in R(T) & Others v Greater Manchester was critical of the ‘blanket nature’ of the current regime deeming it disproportionate in pursuance of the legitimate aim of safeguarding children and young adults. As a result of this important case, the Government has been forced to modify the disclosure regime to avoid offending Art 8; the right to private and family life.”
Halsbury’s Law Exchange, 18th April 2013
Source: www.halsburyslawexchange.co.uk
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Bankers’ ‘honesty test’: nearly all pass City regulator’s check – The Guardian
“Just 30 out of 227,000 people have failed the City regulator’s ‘fit and proper’ test to take on some of the most risky jobs in British banks since the onset of the financial crisis.”
The Guardian, 12th April 2013
Source: www.guardian.co.uk
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Criminal record checks to be relaxed – BBC News
“Thousands of job applicants will no longer have to face their criminal past
being disclosed to employers, under changes announced by the Home Office.”
BBC News, 26th March 2013
Source: www.bbc.co.uk
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New system of criminal records checks to restore balance in public safeguarding – Home Office
“Changes to criminal records checks will continue to protect the public while ensuring that employers no longer have access to certain old or minor cautions and convictions.”
Home Office, 26th March 2013
Source: www.homeoffice.gov.uk
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Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily
“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
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Parents ‘treated like felons on remand’ by school CRB checks – Daily Telegraph
“Thousands of parents are still being forced to undergo ‘suspicious and hostile’ criminal record checks to volunteer in schools despite Coalition reforms designed to introduce common sense into the child protection system, according to research.”
Daily Telegraph, 24th February 2013
Source: www.telegraph.co.uk
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Crime, Rehabilitation and the Right to Private Life: where should the “Bright line” fall? – Garden Court Chambers Blog
“Shereener Browne analyses the recent decision in T, R (on the application of) v Chief Constable of Greater Manchester & Ors and its impact on employment law.”
Garden Court Chambers Blog, 18th February 2013
Source: www.gclaw.wordpress.com
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UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com
“UK laws that set out a ‘blanket’ requirement that job applicants disclose to employers all of the ‘recordable’ criminal convictions and police warnings they have been given are incompatible with individuals’ right to privacy, the Court of Appeal has ruled.”
OUT-LAW.com, 31st January 2013
Source: www.out-law.com
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Regina (T) v Chief Constable of Greater Manchester Police and others (Liberty and another intervening); Regina (B) v Secretary of State for the Home Department; Regina (W) v Secretary of State for Justice – WLR Daily
“The statutory regime requiring the blanket disclosure of all convictions and cautions relating to recordable offences against an individual was disproportionate to (i) the general aim of protecting employers and, in particular, children and vulnerable adults who were in their care, and (ii) the particular aim of enabling employers to make an assessment as to whether the individual was suitable for a particular kind of work.”
WLR Daily, 29th Janaury 2013
Source: www.iclr.co.uk
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John Catt takes protester records case to Court of Appeal – BBC News
“A man from Brighton who wants records of his political activities removed from a police database has taken his case to the Court of Appeal.”
BBC News, 29th January 2013
Source: www.bbc.co.uk
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Court of Appeal Declares Criminal Records Regime Incompatible with Article 8 – Panopticon
“The Court of Appeal has today [29 January] handed down an important judgment in R (T & others) v Chief Constable of Greater Manchester & others [2013] EWCA Civ 25. The case concerned the blanket requirement in the Rehabilitation of Offenders Act 1974, section 113B of the Police Act 1997 and articles 3 and 4 of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment (such as with children or vulnerable adults), even if those convictions or cautions would otherwise be deemed spent by the 1974 Act.”
Panopticon, 29th January 2013
Source: www.panopticonblog.com
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Criminal record checks system breaches human rights, court rules – The Guardian
“The home secretary, Theresa May, is facing urgent pressure to overhaul the criminal records system after an appeal court ruled that the way it operated was unlawful and breached human rights.”
The Guardian, 29th January 2013
Source: www.guardian.co.uk
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Judge strikes down Facebook page “Keeping our Kids Safe From Predators” – UK Human Rights Blog
“This fascinating case comes to light in the midst of general astonishment at the minimal attention paid in the Leveson Report to the ‘wild west’ of the internet and the question of social media regulation.”
UK Human Rights Blog, 5th December 2012
Source: www.ukhumanrightsblog.com
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Criminal records of striking miners ‘should be erased’ – The Guardian
“Calls to erase the criminal records of the estimated 7,000 men detained and ‘falsely charged’ during the miners’ strike have been made by campaigners demanding a fresh inquiry into the policing of the dispute.”
The Guardian, 1st December 2012
Source: www.guardian.co.uk
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