A jobseeker who was denied employment in a care home after a disclosure check revealed that he had been “convicted” before a Children’s Hearing of lewd and libidinous practices nearly three decades ago, had his human rights breached.
A judge in the Court of Session ruled that the automatic disclosure by Disclosure Scotland of a deemed criminal conviction for a minor offence of lewd and libidinous practices was “unlawful”.
Counsel for the petitioner argued that the amended scheme was unlawful because it did not provide (adequately or at all) for an assessment of the proportionality of the admitted interference with the petitioner’s rights under Article 8. The petitioner also argued that disclosure of the conviction information in his case was “disproportionate” because it had no rational connection to the aim of protecting vulnerable adults.
The judge, Lord Pentland held that mandatory disclosure of the petitioner’s appearance before a Children’s Hearing in 1987 constituted an “unlawful and unjustifiable interference” with his rights under Article 8 of the European Convention on Human Rights.
Photo credit 3D Judges Gavel by Chris Potter (2012) / StockMonkeys.com / CC