Disclosure and Barring Service: criminal record checks and referrals – Home Office
‘Disclosure and Barring Service: criminal record checks and referrals – guidance.’
Home Office, 25th November 2013
Source: www.gov.uk/home-office
Category: criminal records
Violent history of partners to be disclosed as Clare’s Law rolled out nationwide – Daily Telegraph
‘A pilot scheme to protect women from violent partners, known as Clare’s Law, is to be rolled out nationwide. Theresa May, the Home Secretary, is expected to announce the full implementation of the law which forces police to disclose details of a person’s violent past if their partner requests it.’
Daily Telegraph, 25th November 2013
Source: www.telegraph.co.uk
Police face legal challenge over secret files on protesters – The Guardian
“Police chiefs face a legal challenge over their policy of keeping secret files on thousands of political activists.”
The Guardian, 18th October 2013
Source: www.guardian.co.uk
Complaints against doctors double since 2007 – Daily Telegraph
“Complaints against doctors have more than doubled in six years amid increasing demand on NHS services and rising expectations from patients, according to a new report.”
Daily Telegraph, 16th October 2013
Source: www.telegraph.co.uk
Haunted by one’s past – yet another criminal records case – Panopticon
“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”
Panopticon, 10th October 2013
Source: www.panopticonblog.com
Privacy actions up 22% as public fights storage of personal information on ‘big brother’ databases – The Independent
“A sharp rise in the number of privacy hearings in British courts has been fuelled by requests for ‘irrelevant’ personal information to be removed from police and other state databases, figures show.”
The Independent, 22nd July 2013
Source: www.independent.co.uk
Home Office asks Supreme Court to make landmark privacy ruling – The Independent
“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”
The Independent, 14th July 2013
Source: www.independent.co.uk
The Sun gets regulator reprimand and apologises for misleading on European human rights – UK Human Rights Blog
“Remember Inhuman Rights, The Sun’s garbled reporting of this Court of Appeal decision on Criminal Record Bureau checks? In February, I wrote this: No, The Sun, the Human Rights Act is not the EU. My complaint was about the headline, which screamed ‘Now EU could let fiends like him prey on your children’. This was obvious nonsense, since the judgment had nothing to do with the EU.”
UK Human Rights Blog, 26th June 2013
Source: www.ukhumanrightsblog.com
Enhanced criminal records certificates – teachers on trial – Panopticon
“The theory that there is no smoke without fire is one which often looms large where teachers are accused of sexual offences against pupils. Even in the face of a decision by the CPS that there is insufficient evidence to proceed with a prosecution or an acquittal following a criminal trial, a teacher who has been accused of sexual offences may find it hard to escape the tainting effects of the allegations. Of course, a critically important issue for the teacher in question is whether the allegations will ultimately find their way into any enhanced criminal record certificate (ECRC). This is an issue which has been considered by the High Court in two recent cases.”
Panopticon, 13th June 2013
Source: www.panopticonblog.com
Enhanced Disclosure in Sport – Sports Law Bulletin from Blackstone Chambers
“Sports regulatory bodies and sports clubs must generally obtain enhanced disclosure of coaches and other persons who are responsible for supervising and working with children (now called Enhanced Disclosure and Barring Service Checks). They often have to take action based on that information, and always have to assess the relevance and importance of that information. A number of cases relating to enhanced disclosure have now been decided by the Administrative Court and a body of law is developing which will help to inform sporting bodies about how to treat such information.”
Sports Law Bulletin from Blackstone Chambers, 5th June 2013
Source: www.sportslawbulletin.org
Burglars win right to keep convictions secret – Daily Telegraph
“Thousands of criminals, including burglars, will be allowed to work in hospitals, schools and care homes after senior judges ruled that criminal record checks were breaching offenders’ human rights.”
Daily Telegraph, 29th May 2013
Source: www.telegraph.co.uk
Doubling in innocent people branded criminals by Criminal Records Bureau – Daily Telegraph
“Hundreds of innocent people could have been given criminal records last year, more than double the previous year, new figures show.”
Daily Telegraph, 21st May 2013
Source: www.telegraph.co.uk
Teachers accused: 4 recent cases – Education Law Blog
“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
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
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
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
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
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
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
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
