Category: vetting

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

Posted July 17th, 2013 in criminal records, disclosure, employment, human rights, news, privacy, sexual offences, Supreme Court, vetting by sally

“Government lawyers want to overturn decision that criminal records vetting system breaches human rights.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

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

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

“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.”

Full story

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.”

Full story

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.”

Full story

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