Sports regulatory bodies and sports clubs must generally obtain enhanced disclosure of coaches and other persons who are responsible for supervising and working with children (now called Enhanced Disclosure and Barring Service Checks). They often have to take action based on that information, and always have to assess the relevance and importance of that information. A number of cases relating to enhanced disclosure have now been decided by the Administrative Court and a body of law is developing which will help to inform sporting bodies about how to treat such information.
In an important recent judgment, R (L) v Chief Constable of Cumbrian Constabulary [2013] EWHC 869 (Admin) the Administrative Court was critical of enhanced disclosure provided by a Chief Constable about a PE teacher and held it to be unlawful as representing a disproportionate interference with Article 8 of the ECHR.
Full story: See Blackstone’s Sports Law Bulletin