Clare’s Law is a powerful tool that helps individuals in the UK make informed decisions about their relationships. It’s named after Clare Wood, who tragically lost her life at the hands of an abusive ex-partner in 2009. Clare had no idea that her former partner had a history of violent behaviour. After her death, Clare’s father campaigned for a law that would allow people to find out if their partner had a history of domestic abuse. This led to the introduction of the Domestic Violence Disclosure Scheme, widely known as Clare’s Law. But what exactly is Clare’s Law, how does it work, and how can it help you? Let’s explore.
The Background Behind Clare’s Law
Clare Wood was a 36-year-old woman who was murdered by her ex-boyfriend, George Appleton, in 2009. Before her death, Clare had been in a relationship with Appleton, and had raised concerns with the police about his behaviour, including reports of attempted rape and harassment.
However, Clare did not know about her partner’s violent criminal past. Appleton had a history of violence against women, including previous convictions for harassment, threats, and even breaching a restraining order.
Clare’s family was horrified to discover the full extent of Appleton’s past after Clare’s death. They felt that if Clare had known about his history, she might have made a different choice about her relationship with him. This led Clare’s father, Michael Brown, to campaign for a law that would give people the right to find out whether their partner had a history of violent behaviour.
Clare’s Law, which is formally known as the Domestic Violence Disclosure Scheme (DVDS), was introduced in 2014 across England and Wales to give individuals a way to make an informed decision about their relationship. The law allows you to find out whether your partner has a history of domestic violence or abusive behaviour. It is an important step in protecting people from harm and increasing awareness of domestic abuse.
How Does Clare’s Law Work?
Clare’s Law allows individuals to make a request to the police if they are concerned that their partner may have a history of domestic abuse. The law has two main elements:
- Right to Ask: This is when an individual, who is in a relationship or has concerns about someone else’s relationship, can approach the police and request information about their partner’s past. If you are worried that your partner may have a history of domestic violence, you can ask the police to check.
- Right to Know: This is when the police take proactive action. If the police or other agencies (like probation or social services) have information that a person’s partner poses a risk of harm, the police can disclose this information to the potential victim. This could happen even without the person directly asking. If the police believe that someone is at risk of harm from their partner, they can use Clare’s Law to protect that person.
Both of these procedures aim to give people information to protect them from potential abuse and help them make informed choices about their relationships.
What Information Can Be Disclosed Under Clare’s Law?
Under Clare’s Law, the police can disclose information if they have access to a person’s criminal record or details from other agencies that indicate a history of domestic abuse or violent behaviour. This includes:
- Convictions: If the person has been convicted of violent offences or abusive behaviour, this can be disclosed.
- Cautions: If the individual has received a caution for domestic violence or other related offences, this information may be shared.
- Warnings: Any formal warnings or reprimands related to violent behaviour could also be disclosed.
- Other Information: If there is information from probation services or other relevant agencies that suggests the person may pose a risk, this could also be disclosed.
However, not all information will be disclosed. If there is no evidence that someone poses a risk, the police will not share information. Also, if the person does not have any previous convictions for violent behaviour, it’s unlikely that any disclosure will be made.
How Do I Make a Request Under Clare’s Law?
If you are concerned about your partner’s history and want to make a request under Clare’s Law, you can do so easily. There are a few simple steps:
- Contact the Police: You can contact the police by calling 101, visiting your local police station, or completing an online application. You do not need to disclose your reasons for making the request, but it helps if you explain why you are concerned.
- Provide Details: When making the request, you will need to give your name, address, and contact details. The police may also ask for proof of identity, such as a passport or driving licence.
- Initial Risk Assessment: The police will carry out an initial risk assessment. This helps them decide whether there is an immediate threat to your safety. If there are immediate concerns, they will take action, but it doesn’t necessarily mean they will disclose the information right away.
- Further Investigation: If there is no immediate risk, the police will ask for more details. They may arrange a meeting with you to discuss your concerns in person. They will also liaise with other agencies, such as probation services or social services, to gather additional information.
- Decision to Disclose: Once all the necessary checks are made, the police will decide if the information should be disclosed. They will consider whether it is necessary, proportionate, and lawful to disclose this information.
Who Can Receive a Disclosure?
If a disclosure is made, it is usually given to the person who is at risk. In most cases, the police will disclose information directly to the individual who is in the relationship with the potential abuser. However, if the disclosure is being made by a third party (such as a friend or family member), they will only receive the information if they are in a position to protect the potential victim.
It’s important to note that the information is highly confidential. The police will only disclose the information to you and will ask you to keep it confidential. This is to prevent the subject (your partner) from finding out and potentially retaliating.
Can I Share the Information with Others?
No, you cannot share the information with anyone else. Clare’s Law is about protecting the individual from harm, not about damaging the reputation of the person involved. If you share the information with others without police permission, you could face criminal charges under the Data Protection Act. This law makes it an offence to disclose personal information without consent.
The information provided under Clare’s Law is strictly for your safety, to help you make decisions about your relationship. It is not meant to be used for gossip, social reasons, or to harm anyone’s reputation.
How Successful is Clare’s Law?
Since its introduction, Clare’s Law has had a positive impact on preventing domestic abuse. The law has helped many people make informed decisions about their relationships and has empowered individuals to protect themselves from potential harm.
Each year, the number of applications under Clare’s Law continues to grow. For example, in the year ending March 2020, over 8,500 “Right to Know” requests were made in England and Wales, with more than 4,000 disclosures being made. The success of Clare’s Law shows that people are using the scheme to ensure their safety and prevent abuse before it happens.
However, some challenges remain. Police forces have been criticised for delays in processing requests, and there are concerns that not all police forces apply the law consistently. Nonetheless, the government is working to improve the scheme and ensure that it provides the protection people need.
Conclusion: Why Clare’s Law Matters
Clare’s Law is a vital tool that gives individuals the right to check if their partner has a history of domestic abuse or violent behaviour. It allows you to make an informed decision about your relationship, helping to protect you and your loved ones from harm. Whether you are in a relationship or concerned about someone else, Clare’s Law can provide the information you need to keep yourself safe.
If you’re ever unsure about the safety of your relationship, Clare’s Law is there to help you. It’s a simple, confidential way to find out if your partner poses a risk, and it could make all the difference in your decision to stay or leave.
