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R (on the application of L) v COMMISSIONER OF POLICE OF THE METROPOLIS

The Police Act 1997 s.115(7) was not incompatible with the European Convention on Human Rights 1950 art.8 as long as the words "ought to be included" were given their full weight, so that in exercising his discretion as to what information ought to be included in an enhanced criminal record certificate the chief police officer gave proper consideration to the applicant's right to respect for his private life.

10 November 2009

The appellant (L) appealed against a decision of the Court of Appeal R (on the application of L) v Commissioner of Police of the Metropolis (2007) EWCA Civ 168, (2008) 1 WLR 681 ] upholding a decision of the respondent commissioner to include certain information about her in an enhanced criminal record certificate (ECRC) supplied pursuant to the Police Act 1997 s.115. L been employed as a midday assistant at a secondary school, supervising children in the lunchtime break both in the canteen and in the playground. An ECRC obtained by her employer showed that she had no criminal convictions, but had included under the heading "other relevant information disclosed at the chief police officer's discretion" the information that her son had been placed on the child protection register under the category of neglect, she being alleged to have failed to exercise the requisite degree of care and supervision. As a result, L lost her job. She sought the quashing of the commissioner's decision t...

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