We are delighted to announce that our private wealth law department has continued to maintain its Band 2 position in the latest edition of Chambers and Partners High Net Worth.
In the Court’s ruling, it was decided that the disclosure of old convictions and cautions was incompatible with Article 8, the right to private and family life. The Court accepted that the purpose of disclosure did pursue the general legitimate aims of:
- protecting employers, children and vulnerable adults in their care; and
- enabling employers to assess whether an individual was suitable for a specific kind of work.
However, the conclusion of the Judgment is that the "statutory regime of obtaining CRB checks disclosing all previous convictions and cautions is disproportionate to that legitimate aim".
Whilst employers and others working with children and vulnerable adults have a right to know about an applicant’s criminal history, this must be balanced against disclosing historical and trivial information, which is now highly likely to breach a persons right to respect for private life. The Government intends to appeal the decision to the Supreme Court.
Our advice following the Court’s ruling is to continue obtaining DBS checks where prospective employees will be working in regulated activity with children or vulnerable adults. However, careful consideration will now need to be given to any issues that do arise as a result of obtaining a DBS check and the relevance of those issues or any cautions that arise will need to be considered in relation to the nature of the job and whether the person truly poses an unacceptable risk. In the case before the Court of Appeal a warning given to the Claimant when he was aged 11, relating to two stolen bicycles, was seen to be irrelevant when considering his application for a university course where he would be working with children.
Since 1 December 2012 the Criminal Records Bureau and Independent Safeguarding Authority merged to become the Disclosure and Barring Service (DBS). Therefore, pleasebe aware that, whilst the case referred to the CRB, it will now be referred to as the DBS, not the CRB.
For more information
For more information on the impact of the ruling or to discuss your organisations approach to DBS checks, please contact Kate Watkins on 0121 212 7494 or email@example.com.
The new CHF is set to launch and open for applications with £4 million set to be allocated to community-led housing groups to support an increase the supply of affordable housing in England.
Charities, like other organisations, may be subject to or choose to voluntarily comply with the reporting requirements under the Modern Slavery Act 2015.
The draft regulations making it mandatory for anyone entering a registered care home in England to have been double vaccinated unless they are clinically exempt were made on 22 July 2021.
In the Transforming Public Procurement Green Paper, the Government signalled its desire to increase its control over procurements by all contracting authorities.
The monthly round-up from the Anthony Collins Solicitors charities team.
Legal updates as the UK enters into stage 4 of the roadmap and legal restrictions on face coverings and social distancing are lifted.
The first disability we are going to discuss is diabetes. We begin by discussing the different types of diabetes; their similarities and differences and how we live with the disability within our day.
Tim Coolican and Freya Cassia explore the legal and practical options available to providers if a disappointing result is received following an inspection.
Following the launch of the CQC’s new strategy for how it regulates health and social care, many providers will be keen to know more about how the changes might affect them in the future.
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