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Appeal against High Court ruling on disproportionate criminal records disclosure scheme scheduled

Since the High Court ruling in January, which found that the current criminal record disclosure scheme for standard/enhanced checks was disproportionate, lots of people have been asking us what would happen next.

We’re now in a position to say that the Government has appealed against the High Court ruling (which to some extent we expected) – this means that the case will go up to the Court of Appeal. The case is being heard with three other cases that involve the ‘type of offence’ exclusion (which is another area we think needs to change).

The case has been listed to be heard in February 2017 with a judgement expected later in the year.

In the meantime, nothing changes. The current DBS filtering system remains in force. If the outcome of the appeal goes the right way from our perspective, the government would need to look at extending the filtering process.

Written by Christopher Stacey, Co-director of Unlock


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