Safeguarding in Sport – Blackstone Chambers

Posted April 6th, 2017 in child abuse, children, criminal records, news, sport, vetting by sally

‘This paper is the first in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’

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Blackstone Chambers, 5th April

Source: www.sportslawbulletin.org

Sports coach sex loophole must be closed, says NSPCC – BBC News

Posted January 27th, 2017 in child abuse, news, sexual grooming, sport, vetting by sally

‘A “loophole” that allows sports coaches to legally have sex with 16 and 17 year olds in their care must be closed by the government, the NSPCC has said.’

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BBC News, 26th January 2017

Source: www.bbc.co.uk

London criminal check delays a ‘great concern’ as jobs lost – BBC News

Posted December 14th, 2016 in criminal records, delay, London, news, police, vetting by sally

‘The speed at which mandatory criminal checks are being completed by the Metropolitan Police is of “great concern”, a government department said.’

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BBC News, 14th December 2016

Source: www.bbc.co.uk

Criminal record disclosure checks ruled ‘unlawful’ – BBC News

Posted January 25th, 2016 in criminal records, disclosure, employment, news, proportionality, vetting by sally

‘Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.’

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BBC News, 22nd January 2016

Source: www.bbc.co.uk

Indecent images: is the law out of control? – Halsbury’s Law Exchange

‘On 3rd September 2015 the news reported the case of a 14 year old boy who took a naked photo of himself before sending it to a female classmate via Snapchat (a smartphone application that deletes a message or a photograph 10 seconds after it has been read). She took a screenshot of the photo and decided to send it to other people at school. A police officer based at the school became aware of the photo however. It was decided (obviously correctly) that it was not in the public interest to prosecute. However, he did have “the crime of making and distributing indecent images recorded against him”. It seems that this was a mandatory consequence of it coming to the notice of officialdom.’

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Halsbury’s Law Exchange, 6th September 2015

Source: www.halsburyslawexchange.co.uk

Mental health background checks: new guidance issued by Home Office – The Guardian

‘New guidelines to be issued by the Home Office will make clear the factors that must be considered before mental health crises are disclosed in background checks made on people applying to work with vulnerable groups.’

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The Guardian, 9th August 2015

Source: www.guardian.co.uk

On fairness and principle: the legacy of ZZ re-examined – Michael Rhimes – UK Human Rights Blog

‘Kiani v Secretary of State for the Home Department [2015] EWCA Civ 776 (21 July 2015). In my last post on UKHRB I commented on developments in UK, ECHR and EU jurisprudence relating to procedural fairness in the context of national security.
The developments in this recent case offer some further interesting thoughts on the topic.’

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UK Human Rights Blog, 6th August 2015

Source: www.ukhumanrightsblog.com

Disclosure and Barring Service checks: an individual’s rights – Halsbury’s Law Exchange

Posted March 3rd, 2015 in criminal records, data protection, disclosure, employment, news, vetting by sally

‘Another of my articles has considered s56 of the Data Protection Act, which makes it an offence for an employer to compel a current or prospective employee to make a data subject access request. These subject access requests can reveal an individual’s spent criminal convictions as well as other sensitive personal information, and are therefore highly invasive and potentially highly prejudicial to an individual’s employment prospects.’

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Halsbury’s Law Exchange, 3rd March 2015

Source: www.halsburyslawexchange.co.uk

Landlord Immigration Checks from 1 December – NearlyLegal

Posted September 4th, 2014 in codes of practice, immigration, landlord & tenant, news, pilot schemes, vetting by sally

‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’

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NearlyLegal, 3rd September 2014

Source: www.nearlylegal.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

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OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Fall in number of offenders barred from working with children – The Guardian

Posted June 24th, 2014 in cautions, criminal records, freedom of information, news, statistics, vetting by sally

‘The number of people who have committed child sex offences and have been barred from working with children has fallen by nearly 10,000 over the past three years, according to freedom of information disclosures.’

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The Guardian, 24th June 2014

Source: www.guardian.co.uk

Criminal records scheme incompatible with Convention rights – Supreme Court judgment – Panopticon

‘As readers of this blog will know, the application of the Government’s criminal records scheme has been subject to extensive litigation of late (see further not least my post on an appeal involving a teacher and my post on an appeal involving a taxi-driver). Perhaps most importantly, in the case of T & Anor v Secretary of State for the Home Department, questions have been raised about whether the scheme as a whole is compatible with Convention rights and, in particular, the Article 8 right to privacy. Last year, the Court of Appeal concluded that the scheme was incompatible. In a judgment given yesterday, the majority of the Supreme Court has agreed with that conclusion (Lord Wilson dissenting).’

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Panopticon, 19th June 2014

Source: www.panopticonblog.com

Regina (A) v Chief Constable of C Constabulary – WLR Daily

Posted February 14th, 2014 in criminal records, judicial review, law reports, police, vetting by sally

Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63

‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Disclosure and Barring Service: criminal record checks and referrals – Home Office

Posted November 25th, 2013 in criminal records, employment, press releases, vetting by tracey

‘Disclosure and Barring Service: criminal record checks and referrals – guidance.’

Full guidance

Home Office, 25th November 2013

Source: www.gov.uk/home-office

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.”

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The Independent, 14th July 2013

Source: www.independent.co.uk

Enhanced criminal records certificates – teachers on trial – Panopticon

Posted June 13th, 2013 in criminal records, human rights, news, sexual offences, teachers, vetting by sally

“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.”

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Panopticon, 13th June 2013

Source: www.panopticonblog.com

Teacher’s human rights breached by unproven allegations disclosure – Daily Telegraph

Posted April 23rd, 2013 in criminal records, disclosure, human rights, news, police, teachers, vetting by sally

“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.”

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Daily Telegraph, 22nd April 2013

Source: www.telegraph.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

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UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

Blanket disclosure requirement for minor past convictions breaches Convention – UK Human Rights Blog

Posted January 31st, 2013 in appeals, cautions, disclosure, human rights, news, privacy, vetting by sally

“The Court of Appeal has ruled that the statutory requirement that criminal convictions and cautions must be disclosed in an enhanced criminal record check (‘ECRC’) in the context of particular types of employment interfered with the appellants’ right to respect for private life under Article 8.”

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UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

UK criminal record disclosure laws deemed to infringe individuals’ privacy rights – OUT-LAW.com

Posted January 31st, 2013 in cautions, criminal records, disclosure, human rights, news, privacy, vetting by sally

“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.”

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OUT-LAW.com, 31st January 2013

Source: www.out-law.com