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July 30 2018

Criminal record check did not breach man's human rights

People Management reports how a man did not have his human rights infringed upon when a criminal record check revealed to potential employers he had been acquitted of a crime, the Supreme Court ruled this morning.

AR, who cannot be named for legal reasons, argued that his right to respect for private and family life – article 8 of the European Convention on Human Rights – had been breached when an Enhanced Criminal Record Certificate (ECRC) disclosed he had been charged with raping a 17-year-old woman, even though he was acquitted at a trial in January 2011. The man had been working as a taxi driver at the time of the alleged event, although he was also a qualified teacher. The judgment noted that he was of “previous good character”. 

ECRCs are required for people applying for certain types of roles, including jobs involving work with children or vulnerable adults, teachers, social workers, carers and for taxi driving licences. ECHRs are not limited to previous convictions and cautions and can include other intelligence if it is felt to be relevant. 

After AR applied to become a lecturer, details of the allegation and acquittal were revealed in an ECRC, which was based on information supplied by the Greater Manchester Police Force.