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(1) H (2) L v A CITY COUNCIL

A local authority's decision to disclose a sex offender's previous conviction for indecent assault of a child to charitable organisations and public bodies in which he was involved and to determine any future disclosures on a case-by-case basis was unlawful. The critical point was that the offender did not work with children and the local authority's blanket policy, which was not fair, balanced or proportionate, was therefore in breach of his rights both at common law and under the European Convention on Human Rights 1950 art.8.

26 April 2011

The appellants (H and L) appealed against the decision ((2010) EWHC 466 (Admin)) that the respondent local authority's past or possible future disclosure of H's conviction for indecent assault of a child to organisations in which he was involved was lawful. The local authority cross-appealed against the decision that its imposition of a certain regime in respect of the management and payment of H and L's care assistants was unlawful. H and L, who were married, were both severely disabled and received weekly direct payments which they used to fund care assistants in their home. The local authority became aware that H faced trial for another child sex offence, that he had a further previous conviction for failing to disclose his indecent assault conviction when applying for a job, that he was active in organisations and committees concerned with disabled people, and that he and L ran their own company which sought and obtained contracts from public bodies. Having determined, following...

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