Court of Appeal Judgment declares CRB checks are incompatible with the Human Rights Act | Howells Solicitors

Court of Appeal Judgment declares CRB checks are incompatible with the Human Rights Act

The Court of Appeal has today handed down an important Judgment on CRB records. The Court of Appeal declared that the current operation of CRB checks is incompatible with the Human Rights Act.

As the system currently stands, all convictions and cautions are declared to some employers by the Criminal Records Bureau (CRB) regardless of the severity of the caution or conviction and relevance to the job.

The declaration made by the Court of Appeal today means that the government will have to look at changing the system in order to bring the legislation in line with Article 8 of the European Convention of Human Rights. The result will mean that people who currently are unable to get work due to previous cautions even for minor offences committed many years ago will be more likely to secure employment.

In 2 cases put forward by Howells Solicitors of Sheffield along with another case, it was argued that the current system, which requires automatic, blanket disclosure of all convictions and cautions to certain employers, is incompatible with Article 8 of the Human Rights Act – the right to family life.

Peter Mahy, a partner at Howells solicitors in Sheffield said: “The current system of CRB disclosure has brought misery people trying to put mistakes behind them and secure employment. Currently even minor matters which occurred a long time ago can prevent people getting a job. What good does that do? A more focused and proportion system is likely to achieve a much fairer result particularly for those who are currently unable to get work due to a previous caution for a minor offences committed many years ago.”

 

Related press links:

https://www.telegraph.co.uk/news/uknews/law-and-order/9833827/CRB-checks-are-a-breach-of-human-rights.html

https://www.independent.co.uk/news/uk/home-news/a-breach-of-human-rights-court-of-appeal-rules-crb-check-law-must-go-8471325.html

 

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