R (on the application of L) (FC) (Appellant) v Commissioner of Police of the Metropolis (Respondent)

Case summary

Case ID

UKSC/2009/0104

Parties

Appellant(s)

L

Respondent(s)

Commissioner of Police of the Metropolis

Intervener(s)

Secretary of State for the Home Department

Liberty

Issue

Whether the interpretation of section 115(7) of the Police Act 1997 to include the disclosure of information to employers which does not relate to criminal behaviour is incompatible with article 8 of the European Convention on Human Rights.

Facts

L is the mother of a boy, X, who was placed on the Child Protection Register in January 2002. X was arrested in September 2002 for robbery and was convicted and sentenced to three years detention in a Youth Offender Institution. From February to December 2004 L was employed by an agency which provides school staff. The agency requested an enhanced criminal record certificate [‘ECRC’] in accordance with section 115 of the Police Act 1997. The ECRC recorded that L had no criminal convictions. But under the heading 'other relevant information', it set out information relating to her son X’s being placed on the Child Protection Register and his conviction. Shortly thereafter, on 21 December 2004, K was informed that her services were no longer required.

Date of issue

29 April 2009

Judgment appealed

Judgment details

Judgment date

29 October 2009

Neutral citation

[2009] UKSC 3

Judgment links

Appeal

Justices

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