Benjamin Waidhofer

Benjamin Waidhofer successful in Judicial Review proceedings against police refusal to delete information from PNC

AS had applied for a DBS certificate in the course of employment enquiries. The DSB certificate subsequently issued, on the basis of information contained within the Police National Computer (PNC), set out material relating to a previous conviction of AS at the magistrates court. A request was made on AS's behalf, inviting the police to remove details of the conviction from PNC which was refused.

It was argued, on AS's behalf, that the material contained on PNC should never have been recorded there in the first place.

Benjamin Waidhofer was subsequently instructed by Fadi Daoud of Lawrence and Co CDS LLP to seek Judicial Review of the refusal by the police to remove the material and, after drafting an Application for Permission, subsequently obtained permission to proceed to a final hearing from the High Court for that Judicial Review.

Shortly before the final hearing, the Metropolitan Police voluntarily removed the conviction in question from the Claimants PNC record. This meant final hearing was vacated without a formal hearing (and without a reported judgement). As part of the final consent order, the Metropolitan Police also agreed to pay the Claimant's costs incurred to bring Judicial Review proceedings.

This case demonstrates that serious errors can occur in the way proceedings are recorded by the police following proceedings in the magistrates court.