J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) (26 October 2012)

J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) (26 October 2012)

The disclosure of the 2007 and 2011 allegations in the claimant's ECRCs was disproportionate and constituted an unjustified interference with her Article 8 ECHR rights. The 2007 incident, previously deemed not disclosable, was minor and resolved by training; the 2011 allegations were unsubstantiated and unreliable. The cumulative effect did not justify disclosure, and the claimant should have been given an opportunity to make representations before any disclosure. The decision to disclose was therefore unlawful.

Citation
[2012] EWHC 2996 (Admin)
Parties
Claimant: The Queen (on the application of 'J'); Defendant: The Chief Constable of Devon and Cornwall
Jurisdiction
England and Wales
Judgment Date
26 October 2012
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed
Legal Topics
Disclosure of Police Information, Enhanced Criminal Records Certificates, Article 8 ECHR, Proportionality, Procedural Fairness
Public Law Human Rights Law Police Law Employment Law Disclosure of Police Information Enhanced Criminal Records Certificates Article 8 ECHR Proportionality +1 more

Case Brief

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Parties

The Queen (on the application of 'J')

Claimant

The Chief Constable of Devon and Cornwall

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the disclosure of contested information in the claimant's Enhanced Criminal Records Certificates was a disproportionate interference with her Article 8 ECHR rights
  2. 2 Whether the claimant should have been given an opportunity to make representations before disclosure

Ratio Decidendi

The disclosure of the 2007 and 2011 allegations in the claimant's ECRCs was disproportionate and constituted an unjustified interference with her Article 8 ECHR rights. The 2007 incident, previously deemed not disclosable, was minor and resolved by training; the 2011 allegations were unsubstantiated and unreliable. The cumulative effect did not justify disclosure, and the claimant should have been given an opportunity to make representations before any disclosure. The decision to disclose was therefore unlawful.

Court Disposition

Claim allowed

Orders

  • The decision to disclose the contested information in the claimant's ECRCs is quashed.
  • The defendant is to remove the contested information from the claimant's ECRCs.