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Legal Briefing

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When is a local authority justified in publishing a name to its Potentially Violent Persons Register?

Overview

The case of Clift v Slough Borough Council concerned an altercation Mrs Clift had with a member of the public in a council garden, after a little boy had trampled on some flowers.

The next day Mrs Clift telephoned the Council’s Anti Social Behaviour Coordinator; a conversation which led to a further complaint by Mrs Clift, during which she made remarks which were taken as threatening council staff.

In accordance with normal procedure, a council officer sent an email about this latest addition to the register to 66 council officers across the several departments, as well as several other partner organisations outside of the council. This took the total number of people emailed to about 150.

Mrs Clift argued the council was in breach of Article 8 of the Human Rights Act - the right to her reputation. The case therefore turned on the apparent clash between the defence of qualified privilege and the claimant's Article 8 rights.

In this briefing, Barlows provides more details.

Categories related to Art. 8 Human Rights Act