Following a legal challenge at the Court of Appeal, by the campaign group Liberty, the court announced that criminal record checks were not in line with Article 8 of the European Human Rights Act, where everyone is entitled to privacy in home, health and correspondence. This follows cases where people applying for jobs had been refused work due to police cautions, some for old and minor offences, which showed up on their criminal record checks
Quoted in a news report the Home Office declared their intentions of taking the ruling to the Supreme Court. A spokesman for the Home Office said: “The protection of children and vulnerable groups must not be compromised. We are disappointed by this judgment and are seeking leave to appeal.”
Without a successful appeal the government will have to make amendments to the current Disclosure and Barring checks (which have recently replaced CRB checks) to make them compatible with the Human Rights Act. What these changes would be and their likely impact on the protection of children and vulnerable people has not been detailed.