Source: All England Reporter
Publisher Citation: [2017] All ER (D) 101 (Oct)
Neutral Citation: [2017] EWHC 2586 (Admin)
Court: Queen's Bench Division (Divisional Court)
Judge:

Fulford LJ and Green J

Representation Adam Straw (instructed by Sonn Macmillan Walker Ltd) for the claimant.
  Jason Beer QC and Robert Talalay (instructed by Metropolitan Police Service) for the first defendant.
  Kate Gallafent QC and Christopher Knight (instructed by the Government Legal Department) for the Secretaries of State.
Judgment Dates: 17 October 2017

Catchwords

Human rights - Right to respect for private and family life - Low-level historical reprimands

The Case

Human rights Right to respect for private and family life. The policy governing the use of criminal records and the disclosure obligation in the (Exceptions) Order 1975, , so far as it concerned low-level historical reprimands, were in violation of art 8 of the European Convention on Human Rights. The Divisional Court held that the decision to refuse the claimant employment as a service support officer, solely for a 2007 reprimand, had been unlawful as it had applied the pre-May 2013 law to a post-May 2013 situation and had breached art 8.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.