Enhanced disclosures – Is it contrary to the Rule of Law and also to s.6(2) Human Rights Act?
Please don’t try to write in what you believe to be legal English – plain language gets the message across far more easily and is more likely to bring in helpful responses. That said, the answer to your question is “no”. This has nothing at all to do with Rule of Law, and neither is it contrary to HRA. Enhanced disclosures exist for a purpose, and there is specific legislation that relates to when they can be requested and what they can contain. An enhanced disclosure is permitted to contain opinion. The opinion must, however, have a reasonable basis in fact in order to be given. If it is completely untrue, the subject of the disclosure is not powerless by any means. False statements can be corrected and, if they are defamatory, can also be the subject of a libel action. This is not the position if someone simply does not like what has been said about them.
