A, R (On the Application Of) v The Chief Constable of Kent Constabulary [2013]

Posted In: Case Law
  • Case Reference
    Civ 1706
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Recruitment and Selection
Issues covered: Enhanced criminal record certificate (ECRC)

The information disclosed in an ECRC is information the relevant chief constable considers "might be relevant" and "ought to be included". It can include allegations about criminal or other behaviour which have not been substantiated whether in the courts in regulatory proceedings, or otherwise, (so called 'soft information'), as well as details of any recorded convictions. As the Court of Appeal noted in this case, the effect of disclosing such information is often, in practice, the end of any opportunity for the individual to be employed in an area for which an ECRC is required.

In this case the disclosure in the ECRC recorded that criminal charges had been brought against A in respect of

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This article is correct at 17/01/2014

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.