Challenging barring and disclosure decisions for professionals

Date: Tuesday 14 May 2013

Time: 18:00 to 19:30

Location: London Office

Venue: Doughty Street Chambers

Speakers: Gemma Hobcraft

CPD: 1.5 Points

Professional Discipline and Regulatory Team Seminar

This seminar will consider two important legal areas affecting professionals' ability to practice their profession - decisions to place professionals on the children and / or adults barred lists maintained by the Disclosure and Barring Service (DBS - formerly ISA) and decisions by the police to disclose 'soft' intelligence in Enhanced Criminal Records Certificates (ECRCs).



There has been a raft of recent case law in the Supreme Court, Court of Appeal and High Court concerning these controversial issues. This seminar, presented by counsel involved in many of the cases, will explore the best ways in which barring and disclosure decisions can be challenged on behalf of professional clients, with a particular focus on proportionality challenges under Article 8 ECHR. The seminar will both summarise the law and address practical issues in appeals to the Upper Tribunal (barring decisions) and applications for judicial review (disclosure decisions). It will also examine the cross-over issues with the professional regulators, particularly in relation to barring by the DBS.

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