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.”

Full story

OUT-LAW.com, 31st January 2013

Source: www.out-law.com

Criminal record checks system breaches human rights, court rules – The Guardian

Posted January 29th, 2013 in criminal records, human rights, news, vetting by sally

“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.”

Full story

The Guardian, 29th January 2013

Source: www.guardian.co.uk

Retention and disclosure of police caution data infringe Article 8 – UK Human Rights Blog

Posted November 15th, 2012 in cautions, criminal records, human rights, news, Northern Ireland, vetting by sally

“The European Court of Human Rights yesterday handed down a Chamber judgment in declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR.”

Full story

UK Human Rights Blog, 15th November 2012

Source: www.ukhumanrightsblog.com

Retention and disclosure of police caution data infringe Article 8 – Panopticon

“The European Court of Human Rights yesterday handed down a Chamber judgment in M.M. v United Kingdom (Application no. 24029/07) declaring that the arrangements for the indefinite retention of data relating to a person’s caution in a criminal matter and for the disclosure of such data in criminal record checks infringe Article 8 of the ECHR. Although the Court recognised that there might be a need for a comprehensive record of data relating to criminal matters, the indiscriminate and open-ended collection of criminal record data was unlikely to comply with Article 8 in the absence of clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of such data, particularly bearing in mind the amount and sensitivity of the data.”

Full story

Panopticon, 14th November 2012

Source: www.panopticonblog.com

European court ruling could see minor criminal records withheld from employers – Daily Telegraph

Posted November 14th, 2012 in criminal records, disclosure, employment, human rights, news, vetting by sally

“People with minor criminal records may not have them disclosed to potential employers in future after the European Court of Human Rights condemned the lack of scope for discretion in Britain’s current vetting system.”

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Daily Telegraph, 13th November 2012

Source: www.telegraph.co.uk

SB v Independent Safeguarding Authority (Royal College of Nursing intervening) – WLR Daily

Posted July 20th, 2012 in child abuse, law reports, proportionality, tribunals, vetting by tracey

SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978;  [2012] WLR (D)  215

“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Taxi drivers eligible for enhanced criminal records check – Home Office

Posted March 27th, 2012 in criminal records, licensing, news, vetting by sally

“From today, all taxi licensing authorities can request enhanced criminal record checks before issuing licences to taxi and private hire vehicle drivers.”

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Home Office, 26th March 2012

Source: www.homeoffice.gov.uk

Student launches fight to have his schoolboy police record deleted – Daily Telegraph

Posted February 10th, 2012 in criminal records, human rights, news, vetting, young offenders by tracey

“A student who received a criminal record for stealing bikes when he was an 11-year-old child is to launch a test case to have them expunged because it breaches his human rights, a court heard.”

Full story

Daily Telegraph, 10th February 20112

Source: www.telegraph.co.uk

Parents warned over plans to cut criminal record (CRB) checks – BBC News

Posted February 9th, 2012 in criminal records, news, vetting by sally

“Parents should teach their children about the risk of paedophiles, a minister has said as he defended plans to ease Criminal Records Bureau checks.”

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BBC News, 9th February 2012

Source: www.bbc.co.uk

Thousands wrongly labelled as criminals – Daily Telegraph

Posted February 2nd, 2012 in criminal records, news, vetting by sally

“At least 20,000 people have been wrongly labelled as criminals or accused of more serious offences because of blunders by the police and the Criminal Records Bureau.”

Full story

Daily Telegraph, 2nd February 2012

Source: www.telegraph.co.uk

New vetting of solicitors procedure ‘unfair’ – Law Society’s Gazette

Posted October 6th, 2011 in cautions, news, solicitors, Solicitors Regulation Authority, vetting by sally

“New rules take effect today that could see aspiring solicitors barred from entering the profession because of a police caution or penalty notice.”

Full story

Law Society’s Gazette, 6th October 2011

Source: www.lawgazette.co.uk

Policy Paper – Employment vetting: are we nearly there yet? – Halsbury’s Law Exchange

Posted September 12th, 2011 in bills, criminal records, employment, news, vetting by tracey

“Policy paper was written by Timothy Pitt-Payne QC for the legal think tank, Halsbury’s Law Exchange.”

Full paper

Halsbury’s Law Exchange, 12th September 2011

Source: www.halsburyslawexchange.co.uk

Employment vetting: have we got it right yet? – Halsbury’s Law Exchange

Posted September 8th, 2011 in bills, criminal records, employment, news, vetting by sally

“In a forthcoming policy paper for Halsbury’s Law Exchange I discuss the employment vetting system, in the light of the changes made by the Protection of Freedoms Bill. Although in some respect the Bill is welcome, I argue that it does not go far enough in reforming this difficult area.”

Full story

Halsbury’s Law Exchange, 7th September 2011

Source: www.halsburyslawexchange.co.uk

Criminal checks on people working with children scaled back – Home Office

Posted February 11th, 2011 in children, criminal records, press releases, vetting by sally

“More than nine million people working or volunteering with children and vulnerable adults will no longer need to register and be monitored by the state.”

Full press release

Home Office, 11th February 2011

Source: www.homeoffice.gov.uk

Freedom Bill signals common sense approach to public protection – Home Office

“Millions of people will be protected from unwarranted state intrusion in their private lives, the Home Secretary has outlined in today’s Protection of Freedoms Bill.”

Full press release

Home Office, 11th February 2011

www.homeoffice.gov.uk

Thousands could sue Government over unlawful ‘child protection’ sackings – Daily Telegraph

Posted January 31st, 2011 in child neglect, criminal records, news, nurses, vetting by sally

“Nurses who were banned from working under a controversial vetting scheme are to launch a major test case against the Government in the European Court.”

Full story

Daily Telegraph, 30th January 2011

Source: www.telegraph.co.uk

Scrutiny of vetting and barring scheme gets underway – Home Office

Posted October 22nd, 2010 in child abuse, criminal records, press releases, vetting by sally

“The system of checks that people working with children and vulnerable adults are required to undergo will be considered afresh in a radical examination of the Vetting and Barring Scheme (VBS). The Government today outlined the terms of a thorough review of the VBS which will re-examine whether the scheme is the most appropriate mechanism to protect children and vulnerable people and, if so, how many roles should be covered by it.”

Full press release

Home Office, 22nd October 2010

Source: www.homeoffice.gov.uk

Anti-paedophile vetting scheme to be ripped up – Daily Telegraph

Posted October 22nd, 2010 in child abuse, criminal records, news, vetting by sally

“An anti-paedophile vetting scheme that would have forced nine million people to undergo checks is to be ripped up under a review to be announced today, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

Vetting scheme ‘would not protect children as paedophiles operate online’ – Daily Telegraph

Posted June 29th, 2010 in children, criminal records, news, vetting by sally

“Children would not be protected by Labour’s controversial anti-paedophile database, according to experts, because sexual predators are more likely to find victims online rather than in their workplaces.”

Full story

Daily Telegraph, 29th June 2010

Source: www.telegraph.co.uk

Vetting and Barring Scheme registration halted – Home Office

Posted June 18th, 2010 in child abuse, criminal records, press releases, vetting by sally

“Registration with the Vetting and Barring Scheme (VBS) will be halted to allow the government to remodel the scheme back to proportionate, common sense levels, it was announced today.”

Full press release

Home Office, 15th June 2010

Source: www.homeoffice.gov.uk