Police force ‘infringed teacher’s rights’ over allegation

Cumbria Police’s decision was a “disproportionate and unjustifiable” breach of the 44-year-old man’s right to private life – enshrined in the European Convention on Human Rights, said Mr Justice Stuart-Smith.

Police had investigated the teenager’s complaint and concluded that “no further action” should be taken – and disclosure of the allegation had dealt a “killer blow” to the teacher’s employment prospects, said the judge. The teacher – who cannot be named for legal reasons – is expected to seek damages.

Mr Justice Stuart-Smith announced his decision in a written ruling after a hearing at the High Court in London in March.

The teacher had sought a judicial review of Cumbria Police’s decision not to remove “contested information” from the “other relevant information” section of his Enhanced Criminal Record Certificate (ECRC).

He claimed that the force’s refusal to remove the information unjustifiably infringed his right to private life contrary to Article 8 of the European Convention on Human Rights and was therefore unlawful. Mr Justice Stuart-Smith upheld his claim.

The judge said the allegation was made in 2010 and that the teenager had been a pupil at the teacher’s school. The judge said the teacher and the teenager had been in a pub at the same time. The teenager had complained that the teacher “hugged me... and pressed my chest to him – four or five times”. She also alleged that he had whispered: “I want you to come round to mine – two hours – £200 every month.”

The teacher denied “having spoken to or even seen” the teenager.

Police concluded that “no further action” should be taken for the “offence of ‘harassment-sexual touching’.”

The teacher left the school yet the investigating officer subsequently told the Criminal Records Bureau – which was conducting a background check on him after he applied to work as a supply teacher – “He is a lech and in a position of trust which I believe he misuses”.