||All England Reporter
|| All ER (D) 187 (May)
|| EWHC 1238 (Admin)
||Queen's Bench Division, Administrative Court (London)
Mr Justice Jeremy Baker
||Hugh Southey QC (instructed by Thompsons Solicitors LLP) for the claimant.
|| Dijen Basu QC (instructed by Hampshire Constabulary) for the Chief Constable.
||20 May 2015
Human Rights - Right to respect for private and family life - Child sex offences - Police officer disclosing non-conviction material relating to alleged sexual misconduct by claimant teacher - Claimant's complaint concerning disclosure being dismissed - Claimant seeking judicial review - Whether disclosure breaching claimant's right to private and family life - Whether decision to dismiss complaint being unlawful - European Convention on Human Rights, art 8.
Human Rights Right to respect for private and family life. The present judicial review proceedings concerned the lawfulness of the disclosure, by the police to a local authority designated officer, of non-conviction material relating to alleged sexual misconduct by the claimant teacher and the subsequent dismissal of his complaint concerning the disclosure. The Administrative Court, in allowing the application, held that the decision to disclose had been unlawful, as it had failed to have sufficient regard to the claimant's rights under art 8 of the European Convention on Human Rights. Further, the failure to conduct an appropriate and sufficient investigation was so procedurally unfair as to render the resulting decision unlawful.
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