DBS Disclosure Challenges

DBS Disclosure Challenges

In R (RK) v South Yorkshire Police and the Disclosure and Barring Service, the police information in the DBS Disclosure Certificate was declared unlawful.

Keith achieved the first reported successful judicial review against the Independent Monitor for the Home Office in 2016 -  R (MS) v Independent Monitor & Anr [2016] EWHC 655 (Admin).

In ‘W’ v Secretary of State for Justice, he argued that the national regime for disclosure of convictions was contrary to fundamental human rights. 

For Keith, the idea that a schoolboy fight resulting in a conviction for assault and a Conditional Discharge would stay with his client for life must be wrong. ‘W’ had re-trained to be a teacher coming on 50 years old and discovered this ancient offence as a child automatically showed up on his Enhanced DBS Disclosure Certificate. 

Whilst losing in the High Court, the case went on to succeed in the Court of Appeal (R (P) & Ors) - R (W) v The Secretary of State for the Home Department, The Secretary of State for Justice [2017] EWCA Civ 321). The government appealed to the Supreme Court and was heard in June 2018. The judgment is awaited.