Enhanced criminal record certificate disclosing disputed allegations found to be disproportionate


Re: R (SD) v Chief Constable of North Yorkshire [2017] EWCA Civ 1838

The claimant brought judicial review proceedings over an enhanced criminal record that disclosed disputed allegations that he had made sexual comments in the presence of students aged 17 to 24. He wanted to work in the education sector and argued that the disclosure was a disproportionate interference with his ECHR, art 8 rights. The Court upheld the challenge, in that the certificate failed to refer to the Independent Safeguarding Authority’s decision not to place him on either of the barred lists.

Hugh Southey QC was involved in this case.