http://www.bbc.co.uk/news/uk-35383037
Would this ruling affect the reporting of Regulation of Railways Act offences on DBS checks?
Also, can anyone confirm that the ruling applies to enhanced DBS checks as well as standard checks? I have seen a fair bit of confusion over the differences between the two (and when people come along to clarify there can be disagreement among apparent experts!)
I have more sympathy for the second case than the first, as minor wrongdoing at 17 or 18 really shouldn't be taken into account many years later, even if there are two of them. I also know of people who received cautions aged under 18 on the promise they would be wiped from their records when they turned 18 and that promise turned out to be not quite true.Two people who claimed their careers were being blighted by having to disclose their minor criminal convictions to employers have won their case at the High Court.
The court ruled the criminal record checks scheme used in England and Wales was "arbitrary" and unlawful.
People across the UK are forced to have their criminal record divulged when applying for certain jobs.
The Home Office said it would consider whether to appeal against the decision.
Lawyers for the pair had told the High Court that people were being unfairly disadvantaged throughout their lives by convictions for minor criminal offences committed years beforehand.
Shoplifting
One woman, referred to in court as P, was charged with shoplifting a 99p book in 1999 while suffering from a then undiagnosed mental illness. She later failed to attend court, which meant she ended up with two convictions - for which she received a conditional discharge.
The woman, 47, who now wishes to work as a teaching assistant and has sought voluntary positions in schools, argued that having to disclose her criminal record, and subsequently her medical history, was disproportionate and breached her right to privacy.
Her case was heard alongside that of another claimant, A, who was convicted of two minor thefts in 1981 and 1982 when aged 17 and 18.
He has since worked as an accountant, company finance director and is now a project manager - work that often requires due diligence and criminal record checks. He was concerned he would be forced to disclose his convictions and that his family might learn of them.....
Would this ruling affect the reporting of Regulation of Railways Act offences on DBS checks?
Also, can anyone confirm that the ruling applies to enhanced DBS checks as well as standard checks? I have seen a fair bit of confusion over the differences between the two (and when people come along to clarify there can be disagreement among apparent experts!)