Published at 13:44, Monday, 22 April 2013
Cumbria police infringed man's human rights, rules High Court judge
"Cumbria police unlawfully infringed a teacher’s human rights by refusing to remove detail of a woman’s harassment allegation from a “criminal record certificate” available to potential employers, a High Court judge has ruled.
The force's decision was a “disproportionate and unjustifiable” breach of the 44-year-old man’s right to private life, enshrined in the European Convention on Human Rights, said Mr Justice Stuart-Smith.
Police had investigated the 18-year-old’s complaint and concluded that “no further action” should be taken and disclosure of the allegation had dealt a “killer blow” to the teacher’s employment prospects, said the judge.
The physical education teacher - who cannot be named for legal reasons - is expected to seek damages.
Mr Justice Stuart-Smith announced his decision in a written ruling after a hearing at the High Court in London in March."
Teacher set for payout after police refused to remove unproven harassment claim from his CRB file