Court of Appeal Rules DBS Filtering Regime Unlawful

Court of Appeal ruling - Government loses appeal against Disclosure & Barring Service filtering regime.

The Court of Appeal has rejected the Government’s appeal to a decision of the High Court in January last year, which ruled that the criminal records disclosure scheme was disproportionate and unlawful.

The court ruled that the disclosure scheme has insufficient safeguards to be lawful, and that the scheme is disproportionate. In one case, a man was convicted in the 1980’s of ABH when he was 16-years-old and received a conditional discharge. The President of the Queen’s Bench Division, Sir Brian Leveson, said in his judgement: “It is difficult to see how publication of this detail, 31 years on, is relevant to the risk of the public, or proportionate and necessary in a democratic society.”

If you have a criminal record disclosure concern then do not hesitate to contact Lansbury Worthington's experienced team of solicitors who will be happy to help. Please email Ben Holden at bh@lansbury-worthington.co.uk