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Criminal Records disclosure scheme challenged in court.

Discussion in 'Education news' started by schoolsout4summer, Jan 23, 2016.

  1. schoolsout4summer

    schoolsout4summer Star commenter

    Here is part of the article:
    The High Court has declared the Government’s criminal records disclosure scheme incompatible with Article 8 of the Human Rights Act, following a challenge.

    The judgement relates to the rule that anyone who has more than one conviction – regardless of the minor nature of the offences, how long ago they were committed and the person’s circumstances at the time – is required to disclose them forever when applying for certain types of work.

    Lord Justice McCombe and Mrs Justice Carr declared this rule unlawful under Article 8 of the Human Rights Act, the right to a private and family life. No challenge was brought to the rules that require those with convictions for violent or sexual offences or convictions for which they were given prison sentences to declare them.

    I know of a collogue who 30+ years ago who, on a night out with friends, walked into a shop when drunk, picked up a packet of crisps and ate them. They now have a conviction for being drunk and another for theft.

    This article can be found at:
  2. David Getling

    David Getling Lead commenter

    Yes, what schools demand is way over the top.

    Probably the only difference between the head teacher rejecting your colleague, and your colleague, is that the head teacher didn't get caught for something silly when he was young. And, if we are honest, most of us, when young, probably did something silly that could have landed us in trouble, if it happen in the wrong place at the wrong time.
  3. nearmiss

    nearmiss Lead commenter

    I was listening to a programme on Radio 4 about the court case and the point was raised that certain offences will always be disclosed and can never be erased from record. Petty offences committed by a person when they were very young, or drunk or suffering from a mental illness (which was the case of the complainant) are still on record with the DBS, decades later and will show up on any DBS check but the nature of the offence does not show up on the enhanced check.

    As said by the OP, those offences against the person which would automatically debar one from working with children and vulnerable adults would remain permanently on record if there were reforms.

    The DBS system has its limitations anyway. Many crimes against the person such as date rape often don't make it to court due to lack of witnesses or evidence. Some offenders take their predelictions overseas to satisfy them and thus evade justice in the UK. It is the nature of crime to be covert.

    The system needs an overhaul.
  4. chelsea2

    chelsea2 Star commenter

    OK - so this may mean people with a couple of convictions for 'small' crimes no longer have to declare them when applying for jobs such as teaching. I think it was 'Liberty' which challenged the status quo.

    So what about those unfortunate people, innocent of ANY crime, who have to declare convictions of those with whom they share a home, & may, as a result, be unable to get (or will lose) jobs such as teaching. I wonder if this law could also be challenged by Liberty or some other organisation?

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