Practice and Procedure

R (on the application of J) v CHIEF CONSTABLE OF DEVON & CORNWALL (2012)

PUBLISHED October 26, 2012

[2012] EWHC 2996 (Admin)

A Chief Constable's decision to disclose, and not to remove, certain information from the "other relevant information" section of a nurse's enhanced criminal records certificates was a disproportionate interference with her rights under the European Convention on Human Rights 1950 art.8. The failure to afford her an opportunity to make representations before the information was included on the certificates was also a significant error; there would be very few cases in which such an opportunity should not be given.

QBD (Admin) (Foskett J)