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Sarah Simcock has successfully defended a renewed oral application for permission to judicially review a decision of the Chief Constable of Northamptonshire Police to disclose information in an Enhanced Criminal Records Certificate.
Accepting the submissions made on behalf of the Defendant the Administrative Court held that on grounds of a delay of approximately 6 months in bringing proceedings alone permission would be refused but the court went on to consider the merits in any event.
On the substantive points the court accepted submissions on behalf of the Defendant that:
The Chief Constable had applied the correct test for disclosing information on the ECRC correctly weighing the Claimant's Article 8 rights against disclosure with the need to protect children from potential harm (the Claimant having applied for a job as a teacher) in favour of disclosure.
The decision to include the information in the form it had been on the ECRC was reasonable and did not breach the Claimant's Article 8 rights.
The Claimant's case was therefore unarguable and the application for permission should be refused.
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