Cumbria

Cumbria Police infringed teacher's human rights

A teacher's human rights have been "unjustifiably" infringed by Cumbria Police, a High Court judge has ruled.

The PE teacher, who cannot be named, was investigated after an 18-year-old made an allegation of harassment.

He said the detail on his criminal record was a "killer blow" to his career. But, the force did not remove it, despite no charges being brought.

Mr Justice Stuart-Smith agreed the force's refusal had infringed the 44-year-old teacher's human rights.

'Disproportionate and unjustifiable'

The judge announced his decision in a written ruling after a hearing at the High Court in London in March.

Cumbria Police's decision was a "disproportionate and unjustifiable" breach of the man's right to private life - enshrined in the European Convention on Human Rights, said Mr Justice Stuart-Smith.

The force had investigated the teenager's complaint and concluded "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.

"In my judgment, any proper balancing exercise comes down in favour of the conclusion that this interference with the teacher's Article 8 rights is disproportionate and unjustifiable, particularly in a jurisdiction where people are generally to be presumed innocent until proved guilty," Mr Justice Stuart-Smith said.

The teacher is expected to seek damages.

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