What Is Clare’s Law & How Is It Requested?
Clare’s Law, formally known as the Domestic Violence Disclosure Scheme (DVDS), represents a significant advancement and allows for a person or a relevant third party to request disclosure from the police about their partner’s previous offences surrounding abuse or violence. This initiative serves as a beacon of hope for those who are in a potentially dangerous situation and reduces domestic violence and abuse whilst allowing individuals to make an informed decision about their safety.
The Background
Clare’s Law was created following the murder of Clare Wood by her ex-boyfriend in 2009 who had a history of violent and abusive behaviour. Clare’s father campaigned for five years as he believed that if Clare had been provided with information regarding her ex-boyfriend’s previous offence history, then she may still be alive.
How Does Clare’s Law Work?
The Clare’s Law scheme encompasses two primary elements: the ‘right to ask’ and the ‘right to know’.
The ‘right to ask’ enables individuals or relevant third parties to request that the police check if a current or former partner has a history of violence or abuse. In cases where records suggest that an individual may be at risk, the police will evaluate the potential for disclosing this information appropriately.
The ‘right to know’ allows the police to proactively disclose information if they receive reports about a person’s violent or abusive behaviour that could impact their current or former partner. This information may come from a criminal investigation, involvement from statutory or third-sector agencies, or other sources of police intelligence. They will take into account whether the person has convictions for domestic abuse-related offences, whether they are a ‘serial perpetrator’ of domestic abuse and whether there is any other intelligence about previous violence/abuse offending including cases that were not charged or concerning behaviour towards former partners. However, the police have the discretion to disclose information about convictions, including those that have been ‘spent’ under the Rehabilitation of Offenders Act 1974.
If the police decide to disclose information via Clare’s Law, the information being shared must be recorded on a form. Such information is not shared in a written format, and it is only to be verbally explained. The recipient of the information is required to agree not to share it with anyone else save for another professional. Furthermore, the information must be utilised solely for safeguarding purposes.
How To Make A Clare’s Law Request
Overall, Clare’s Law is open to all, regardless of their gender, ethnicity, religion and sexuality. The first step in obtaining such information is to contact your local department either in person, on 101 or via the online chat.
Your local police force will ask you to provide the most suitable contact details in order to get in touch with you and clarify the details of your request. A meeting will be held to verify your identity, establish more information about your relationship, and check that your request under Clare’s Law is genuine.
Following this contact with the police, checks can then take place to gather more information about your partner and, if applicable, any findings will be shared with you as per the disclosure rules outlined above.
If you believe you are a victim of domestic violence you have a range of legal options to protect yourself and/or your children. Rest assured, GA’s team of family law solicitors and lawyers in Plymouth can assist you in getting the help you need, whether that is through support to further understand Clare’s Law or your eligibility for relevant legal aid funding.
You can speak to our experienced team by calling 01752 203500 or emailing enquiries@GAsolicitors.com. You can also email me directly via lauren.walker@GAsolicitors.com.
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