RK, R (on the application of) v South Yorkshire Police & Anor

RK, R (on the application of) v South Yorkshire Police & Anor

The South Yorkshire Police failed to properly assess proportionality in disclosing allegations for which the claimant was acquitted, did not give adequate reasons, relied on irrelevant material, and failed to consider relevant representations. The disclosure decision was fundamentally flawed and must be quashed.

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 / Judgment After Rolled Up Hearing
Outcome
Application allowed; disclosure decision quashed
Legal Topics
Disclosure of Criminal Records, Proportionality, Article 8 ECHR, Judicial Review, Police Powers, Bias
Administrative Law Criminal Law Human Rights Disclosure of Criminal Records Proportionality Article 8 ECHR Judicial Review Police Powers +1 more

Case Brief

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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 / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the South Yorkshire Police adopted a proper approach to proportionality in disclosing allegations in an Enhanced Criminal Records Certificate (ECRC)
  2. 2 Whether there was a failure to give adequate reasons for the disclosure decision
  3. 3 Whether there was reliance on irrelevant material or failure to consider relevant material

Ratio Decidendi

The South Yorkshire Police failed to properly assess proportionality in disclosing allegations for which the claimant was acquitted, did not give adequate reasons, relied on irrelevant material, and failed to consider relevant representations. The disclosure decision was fundamentally flawed and must be quashed.

Court Disposition

Application allowed; disclosure decision quashed

Orders

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