RK, R (on the application of) v South Yorkshire Police & Anor [2013] EWHC 1555 (Admin) (10 June 2013)

RK, R (on the application of) v South Yorkshire Police & Anor [2013] EWHC 1555 (Admin) (10 June 2013)

The police failed to conduct a proper proportionality assessment in deciding to disclose allegations for which the claimant had been acquitted. The decision-making process was fundamentally flawed: it did not adequately consider the gravity or reliability of the allegations, the elapse of time, or the impact on the claimant. The reasons given were inadequate, relevant representations were ignored, and irrelevant material was included. The disclosure decision was therefore unlawful and must be quashed.

Citation
[2013] EWHC 1555 (Admin)
Parties
Claimant: RK; First Defendant: Chief Constable of South Yorkshire Police; Second Defendant: Disclosure and Banning Service
Jurisdiction
England and Wales
Judgment Date
10 June 2013
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Application granted; decision to disclose quashed.
Legal Topics
Disclosure of Criminal Records, Enhanced Criminal Records Certificate (ecrc), Proportionality, Article 8 ECHR, Police Act 1997, Judicial Review, Employment and Safeguarding, Bias in Administrative Decision Making
Administrative Law Criminal Law Human Rights Disclosure of Criminal Records Enhanced Criminal Records Certificate (ecrc) Proportionality Article 8 ECHR Police Act 1997 +3 more

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Parties

RK

Claimant

Chief Constable of South Yorkshire Police

First Defendant

Disclosure and Banning Service

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the police's decision to disclose allegations in an ECRC was proportionate
  2. 2 Whether adequate reasons were given for the disclosure decision
  3. 3 Whether irrelevant material was relied upon or relevant material ignored

Ratio Decidendi

The police failed to conduct a proper proportionality assessment in deciding to disclose allegations for which the claimant had been acquitted. The decision-making process was fundamentally flawed: it did not adequately consider the gravity or reliability of the allegations, the elapse of time, or the impact on the claimant. The reasons given were inadequate, relevant representations were ignored, and irrelevant material was included. The disclosure decision was therefore unlawful and must be quashed.

Court Disposition

Application granted; decision to disclose quashed.

Orders

  • The decision to disclose the proposed ECRC is quashed.
  • South Yorkshire Police is granted eight weeks to reconsider the disclosure decision using different officers.