This case is about:

  • Criminal Records Bureau (CRB) checks; and
  • disclosure of police information.

Mr G applied to work with vulnerable adults. This required an enhanced CRB check. When he received a copy of his CRB check, it included information relating to an allegation made about him many years ago. Mr G had attended court concerning this allegation and was found not guilty. The CRB check noted this fact.

Mr G disputed the accuracy of the information and thought it should not have appeared on his disclosure. As a result, a note was added to his disclosure to show that he did not agree with the content. However, Mr G was not satisfied because he believed that as he had been found not guilty, the information should not appear on the CRB check at all. He therefore made a complaint to us.

We explained that the law relating to CRB checks allows  information held in police records which ‘might reasonably be considered to be relevant’ to be included in enhanced CRB checks.

In effect, this means that the ICO may not be able to get the information removed, except where it is clearly unreasonable to include it. Therefore, even though Mr G had been found not guilty, the we could not take any action to have it removed in this case.

As the information accurately recorded the allegation made and the events that followed, it could not be challenged on the grounds of inaccuracy.

Finally, it is up to the employer whether or not to take the information into account. We suggested Mr G raise his worries directly with his employer, if he remained concerned about any decisions they had made based on the information.