AR, R (on the application of) v Greater Manchester Police & Anor  EWCA Civ 490Posted In: Case Law
Case ReferenceEWCA Civ 490
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionHuman Rights, Recruitment and Selection
The claimant in this case was a qualified teacher who, whilst working as a taxi driver some six or seven years ago, was accused, tried and acquitted of rape. He later applied for various teaching posts but was not successful. The main reason appears to have been that the 'enhanced criminal record certificate' (ECRC), required under the Police Act 1997, included reference to his acquittal for rape and, understandably, put prospective employers off employing the teacher. He appealed the decision to refer to the rape charges:
"There is no conviction. The jury rejected the complainant's evidence and the disclosure of the allegation is so prejudicial as to prevent me from being fairly considered
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