QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN
on the application of
|CHIEF CONSTABLE OF THAMES VALLEY POLICE
Cicely Hayward (instructed by Head of Legal Services, Thames Valley Police) for the Defendant
Hearing date: 19 March 2014
Crown Copyright ©
MR JUSTICE FOSKETT:
"Thames Valley Police hold information concerning [P] that in the opinion of the Chief Officer may be relevant to this application and ought to be disclosed under part V of the Police Act 1997.
On [date given, though inaccurate] [P] was working as an agency worker at a residential community drugs stabilisation and structured treatment programme. The manager had received information that [P] had made inappropriate and sexual comments to service users and declined to continue him at the centre. The comments included [P] proposing to staff that he bring alcohol to a residents' barbecue, and comments about a sexual position, the use of Viagra and prostitutes."
"… the chief officer then has to decide under section 115(7)(b) whether it ought to be included, and, in making that decision, there will often be a number of different, sometimes competing, factors to weigh up. Examples of factors which could often be relevant are the gravity of the material involved, the reliability of the information on which it is based, whether the applicant has had a chance to rebut the information, the relevance of the material to the particular job application, the period that has elapsed since the relevant events occurred, and the impact on the applicant of including the material in the ECRC, both in terms of [their] prospects of obtaining the post in question and more generally. In many cases, other factors may also come into play, and in other cases, it may be unnecessary or inappropriate to consider one or more of the factors I have mentioned. Thus, the material may be so obviously reliable, relevant and grave as to be disclosable however detrimental the consequential effect on the applicant."
"The behaviour described presents a risk to children and vulnerable adults whom [P] would come into contact with during the course of his employment. The information would be highly relevant to potential employers as they would be entrusting children and vulnerable adults into the care of [P]. I consider that the impact of disclosure on [P] is outweighed by the potential threat to a child or vulnerable adult. I believe the revised disclosure text is relevant, balanced and fair." (My emphasis.)