X, R (On the Application Of) v The Chief Constable of Y Police & Anor [2015] EWHC 484 (Admin) (27 February 2015)

X, R (On the Application Of) v The Chief Constable of Y Police & Anor [2015] EWHC 484 (Admin) (27 February 2015)

The public interest in protecting the identity of police informants and the confidentiality of the vetting process outweighs the claimant's Article 6 and Article 8 rights in these proceedings, particularly as the claimant voluntarily submitted to vetting for a non-essential, effectively voluntary position. Disclosure of the withheld records would risk revealing informant identities and undermine public confidence in police confidentiality. There is no absolute right to disclosure or gisting under Article 6 in this context; the balance of interests overwhelmingly favours non-disclosure.

Citation
[2015] EWHC 484 (Admin)
Parties
Claimant: X; First Defendant: The Chief Constable of Y Police; Second Defendant: The Police and Crime Commissioner for Y
Jurisdiction
England and Wales
Judgment Date
27 February 2015
Procedural Posture
Judicial Review / Interlocutory Application for Public Interest Immunity (pii) Order
Outcome
Application for public interest immunity order granted
Legal Topics
Public Interest Immunity, Disclosure, Article 6 ECHR, Article 8 ECHR, Police Vetting, Confidentiality of Informants
Administrative Law Human Rights Law Police Law Public Interest Immunity Disclosure Article 6 ECHR Article 8 ECHR Police Vetting +1 more

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Parties

X

Claimant

The Chief Constable of Y Police

First Defendant

The Police and Crime Commissioner for Y

Second Defendant

Procedural Posture

Judicial Review / Interlocutory Application for Public Interest Immunity (pii) Order

Legal Issues

  1. 1 Whether police records relating to the claimant should be withheld from disclosure on grounds of public interest immunity
  2. 2 Whether non-disclosure of the records is compatible with Article 6 and Article 8 ECHR rights
  3. 3 Whether the vetting decision and subsequent non-appointment were unlawful due to procedural unfairness

Ratio Decidendi

The public interest in protecting the identity of police informants and the confidentiality of the vetting process outweighs the claimant's Article 6 and Article 8 rights in these proceedings, particularly as the claimant voluntarily submitted to vetting for a non-essential, effectively voluntary position. Disclosure of the withheld records would risk revealing informant identities and undermine public confidence in police confidentiality. There is no absolute right to disclosure or gisting under Article 6 in this context; the balance of interests overwhelmingly favours non-disclosure.

Court Disposition

Application for public interest immunity order granted

Orders

  • Withheld police records and full versions of statements exhibiting them are not to be disclosed to the claimant or his representatives
  • Parties to agree a form of order or submit written submissions on consequential issues