Practice and Procedure

R (on the application of A) v CHIEF CONSTABLE OF KENT (2013)

PUBLISHED December 20, 2013

[2013] EWCA Civ 1706

When assessing whether the disclosure by the police in an enhanced criminal records certificate of allegations made against a nurse of neglect and ill-treatment was unlawful and in breach of the European Convention on Human Rights 1950 art.8, a judge had been wrong to take account of fresh material that had not been available when the certificate was compiled because that sidelined the decision-maker and truncated regulatory process. She should have remitted the case or encouraged the individual to submit a fresh application for a new certificate.

CA (Civ Div) (Pitchford LJ, Beatson LJ, Gloster LJ)