A, R (on the application of) v Chief Constables Of C & Anor [2000] EWHC Admin 408 (25 October 2000)

A, R (on the application of) v Chief Constables Of C & Anor [2000] EWHC Admin 408 (25 October 2000)

The transfer of non-conviction information between police forces and subsequent disclosure to the education authority did not breach the Data Protection Acts, Article 8 ECHR, or principles of natural justice. The Home Office Circular sets out best practice but does not impose binding legal duties. There was no procedural impropriety or irrationality in the police actions, and no requirement for the applicant to be consulted prior to inter-police disclosure.

Citation
[2000] EWHC Admin 408
Parties
Applicant: Applicant (A); First Respondent: C Constabulary (First Respondent); Second Respondent: D Constabulary (Second Respondent)
Jurisdiction
England and Wales
Judgment Date
25 October 2000
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Disclosure of Non Conviction Information, Police Powers and Duties, Procedural Fairness, Data Protection Act Compliance, Article 8 ECHR, Natural Justice, Wednesbury Unreasonableness
Administrative Law Data Protection Human Rights Disclosure of Non Conviction Information Police Powers and Duties Procedural Fairness Data Protection Act Compliance Article 8 ECHR +2 more

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Parties

Applicant (A)

Applicant

C Constabulary (First Respondent)

First Respondent

D Constabulary (Second Respondent)

Second Respondent

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether disclosure of non-conviction information by police to another authority was lawful
  2. 2 Whether such disclosure breached Data Protection Acts 1984 or 1998
  3. 3 Whether Article 8 ECHR rights were infringed

Ratio Decidendi

The transfer of non-conviction information between police forces and subsequent disclosure to the education authority did not breach the Data Protection Acts, Article 8 ECHR, or principles of natural justice. The Home Office Circular sets out best practice but does not impose binding legal duties. There was no procedural impropriety or irrationality in the police actions, and no requirement for the applicant to be consulted prior to inter-police disclosure.

Court Disposition

Application dismissed

Orders

  • Application for judicial review refused
  • No declarations granted against respondents