The High Court has recently judicially reviewed the disclosure by a chief constable of unsubstantiated allegations of sexual abuse, in the context of an enhanced CRB disclosure. The allegations related to an individual who worked with autistic adults, who challenged the chief constable's disclosure.
The High Court ruled that there was nothing unlawful about the chief constable's disclosure. It was noted that in relation to employment with children or vulnerable adults, this is information of which an employer should be aware but, once disclosed, it is for an employer to decide how to respond to such information.
Given an employer's duty to protect children and vulnerable adults, it seems likely that even the disclosure of unsubstantiated allegations will be sufficient to bar an employee from working with them. However, such allegations are not uncommon in the context of employees working with children and vulnerable adults, and employers will need to be clear as to whether the information they are presented with is sufficient to bring any existing employment relationships to an end.
Click here for the case.