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R (X) v the Chief Constable of Y Police & Ors [2015] EWHC 484 (Admin)

R (X) v the Chief Constable of Y Police & Ors [2015] EWHC 484 (Admin)

Related Member(s):
Chris Buttler
Related Practice Area(s):
Police Law, Crime and Regulatory Law, Human Rights

The claimant applied to be a community liaison officer. He was offered the position subject to vetting clearance. After the vetting procedure the claimant was deemed to be inappropriate for the role, however, he was not told why he was inappropriate for the role. The claimant sought a judicial review of the decision to deny him the position. It was the claimant’s case that the decision to retain allegations about him, and to use those allegation against him was a violation of ECHR, art 8.

This hearing concerned the defendant’s application that the police records relating to the claimant be withheld from disclosure in the judicial review proceedings on the grounds of public interest immunity (“PII”).

Held: the defendant’s PII application was granted and the claimant’s police records were withheld from disclosure. The Court noted that the retained data related to allegations of a serious criminal offence and that it was not possible to reveal those allegations to the claimant without compromising the identity of the persons who had made the allegations.

Chris Buttler was involved in this case.