FOI 0101-2023/24 Civil Claim Ruling
Request
I need to collect some information regarding a recent case involving North Yorkshire Police at the Civil court; ref ‘R(SD) v Chief Constable of North Yorkshire and ANR [2017] EWCA civ 1838’. Essentially a police officer made a common law disclosure which was found to be excessive and did not include all the relevant information such as the fact that a decision had already been made that an offence had not occurred.
I therefore request copies of any written learning/ professional development/ guidelines after the ruling.
Extent and Result of Searches to Locate Information
To locate the information relevant to your request searches were conducted within North Yorkshire Police. I can confirm that the information you have requested is held by North Yorkshire Police.
Decision
Some of the information you have requested is published on the North Yorkshire Police website under the following link
High Court Judgment Template (publishing.service.gov.uk)
I have therefore decided to exempt providing you with a response pursuant to Section 21 Freedom of Information Act 2000 (the Act). Please see the exemption explanation below.
Q2. After the judgement on SD the format of our disclosure wording changed, and the introduction of the below paragraphs came into play when considering a disclosure.
Optional DBS barring decision paragraph: [Applicant] has informed [name of force] that they have not been included on the [regulated activity groups(s)] barred list under paragraph 3 of Schedule 3 to the Safeguarding of Vulnerable Groups Act 2006. Inclusion on a barred list requires the DBS to be satisfied that: the person has engaged in relevant conduct; the person is, has been or might be engaged in regulated activity; and it is appropriate to include the person in the list. The decision whether to include an individual on a barred list is not the same as the nuanced consideration and balancing of risk expected of any registered person / employer in receipt to this ECRC.
Optional professional body finding paragraph: [name of force] are aware that the [insert name of professional body] concluded that [insert outcome of investigation e.g. Fit to practice. Insert date of professional body conclusion if available] . The decision of the professional body not to exclude someone from their profession is not the same as the nuanced consideration and balancing of risk expected of any registered person / employer in receipt to this ECRC.
Any disclosure made on a DBS certificate is only sent to an applicant and it is their responsibility to present and show their DBS certificate to an employer. No one else has the right to the information.
Also to confirm if a disclosure has been made upon a DBS certificate and the applicant disagrees with it they can raise a ‘dispute’. This is the first port of call. If the disclosure is upheld an applicant can go to the Independent Monitor and they can either:
- Reject the whole disclosure
- Agree to disclose but amend some wording
- Uphold the original disclosure
Only then at point 3 can the individual take this to Judicial Review.
Exemption Explanation
Section 17 of the Act requires North Yorkshire Police, when refusing to provide such information (because the information is exempt) to provide you the applicant with a notice which: (a) states that fact, (b) specifies the exemption in question and (c) states (if that would not otherwise be apparent) why the exemption applies.
Section 21 – Information Reasonably Accessible by Other Means
Section 21 is an absolute class based exemption and I am not required to consider the harm or public interest when applying this exemption.
Pursuant to Section 17(1) of the Act this letter acts as a Refusal Notice in response to your request.
Please note that systems used for recording information are not generic, nor are the procedures used locally in capturing the data. It should be noted therefore that this force’s response to your questions should not be used for comparison purposes with any other responses you may receive.