Minor criminals avoid checks to work with children

THOUSANDS of convicted criminals with more than one offence on their record could be free to work with children and vulnerable adults following a controversial court ruling.

Lawyers for a 47-year-old woman, known only as Miss P, and a 51-yearold-man, Mr A, told the High Court their clients were being unfairly haunt- ed throughout their lives by convictions for minor criminal offences committed earlier in life.

Judges ruled the current system for disclosing criminal records was in breach of the “right to private and family life” as set out in the Human Rights Act. The Government amended the law in 2013 to allow minor one-time offenders a “second chance”.

MPs agreed then to allow the Disclosure and Barring Service, formerly the Criminal Records Bureau, to filter out offenders with a single conviction when applying to work in sensitive jobs such as teaching and nursing.

The new legal victory indicates the 2013 decision was only the thin end of the wedge – as the latest ruling says offenders with more than one minor conviction should also be filtered out.

Serious offences will not be affected but the ruling could mean offenders with convictions for theft or common assault are no longer flagged by criminal records checks.

Lord Justice McCombe and Mrs Justice Carr heard Miss P shoplifted a sandwich and a 99p book in 1999 when she was suffering from an undiagnosed mental illness, leading to two convictions. She wanted to work as a teaching assistant but was unable to do so because of the convictions.

Mr A was 17 when he was convicted in 1981 of the theft of a coat and fined £30, and the following year was fined for the theft of a motorcycle. He has since qualified as an accountant and become a company finance director.

The court heard he wanted to ensure he would never have to disclose his past offences, of which his family are unaware.

According to the judges’ ruling, Kate Gallafent, for the Home Office, said Parliament had “drawn an acceptable, non-arbitrary line requiring disclosure, on a permanent basis, of more than one conviction”. The ruling added: “It is, she argues, entirely rational to adopt the position that a first time offender should be given a ‘second chance’ but no more.”

James Welch, legal director for Liberty, which backed Miss P’s case, said: “This ruling will bring reassurance for the very many people who have had their ambitions dashed because of very small mistakes they made in the past.”