Source: All England Reporter
Publisher Citation: [2012] All ER (D) 317 (Oct)
Neutral Citation: [2012] EWHC 2996 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Foskett J

Representation Stephen Broach (instructed by the Royal College of Nursing Legal Services) for the claimant.
  Stephen Morley (instructed by Devon & Cornwall Constabulary Legal Services Department) for the defendant.
Judgment Dates: 26 October 2012


Police - Disclosure of information - Enhanced criminal record certificate - Claimant nurse applying for enhanced criminal record certificates - Certificates containing information of allegations not previously disclosed - Claimant seeking removal of allegations from certificate - Defendant amending text to include claimant's version of events - Claimant seeking judicial review - Whether claimant being denied opportunity to make representations - Whether disclosure being proportionate - European Convention on Human Rights, art 8.

The Case

Police Disclosure of information. A nurse sought judicial review of the Chief Constable of Devon and Cornwall's decision to issue enhanced criminal records certificates containing allegations against her. The Administrative Court held that the nurse should have been given the opportunity to comment on the proposed disclosure and that the allegations were of insufficient weight to outweigh her rights to respect for her private life pursuant to art 8 of the European Convention on Human Rights.

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