Facts: The teacher, AB, had been dismissed in September 2010 for gross misconduct, having made inappropriate sexual comments to female students, however, the teaching council found the incident to fall short of unacceptable professional conduct. A year later, the teacher obtained another position at a girls’ school. He disclosed his previous dismissal, but explained that it had not been ratified by the teaching council. The police got to hear about the teacher’s new post and, having contacted his previous school, informed the new school that he had been dismissed twice before, once for ‘touching pupils and getting them to touch him’. That was untrue. The information was communicated to the Local Authority Designated Officer, who notified the teacher’s new employer, who dismissed him.

Judgment: Jeremy Baker J allowed AB’s application, holding essentially that the police failed to have regard to AB’s rights under Article 8 ECHR and undertake proportionate enquiries, in particular, as to what the Disclosure and Barring Service had disclosed. The police investigation into its own actions had, also, been inadequate.