For my research over the last 5 years, I’ve been speaking to survivors, police, and domestic abuse charities across the country about Clare’s Law.
Clare’s Law was introduced after the death of Clare Wood at the hands of her ex-partner, a man known to the police as a dangerous serial abuser, information police never shared with Clare.
Clare’s Law (formally known as the Domestic Violence Disclosure Scheme) allows members of the public to request information from police about the criminal history of their partner or ex-partner, if they are worried about their safety. The aim is to help people in abusive relationships to make more informed decisions about their safety and to be more aware of the risk their partner or ex-partner might pose.
Ten years since it was introduced, there is still a lot of confusion about how Clare’s Law works and what kind of information police are likely to share. This is partly because each regional police force in England and Wales has their own data system and implements Clare’s Law in their own way. I’ve been working with senior police to try to improve consistency nationally. And I’m also running an anonymous survey about Clare’s Law, to help improve police practice, please consider responding here
In this blog I try to clear up some common misconceptions and doubts about how Clare’s Law works and what you can expect.
Can I request information about a partner I am no longer in a relationship with?
Yes, you can. The latest guidance from the Home Office clearly tells police they must disclose information whenever there is a risk, irrespective of whether the couple are still in a relationship. If you split up years ago and have no contact at all, then the police might deny you the information because your ex is not currently presenting a risk to your safety. But if you are still in contact with your ex, or they are still doing things to threaten or bother you, then you are entitled to the information.
If you are asking for the information because you believe your ex is a risk to your children then the police may not give it to you because Clare’s Law is for victim safety only. If you’re worried about the safety of a child, you can use Sarah’s Law instead.
Can I make an application for someone else?
Yes, if you are an IDVA or social worker, you can support a victim to make an application. You can also apply as a ‘third party’ if you are worried about the safety of a family member or friend. But if you do that, the police will only share information with the person who is at risk. They will not tell you if they disclosed anything to that person and you will not get to see the disclosure.
What kind of information can I expect to receive from police?
Police are legally allowed to share any information they have in their records that is relevant to domestic abuse risk. You can expect to hear about reports arrests, charges and convictions. Police can and should disclose information about behaviour that never resulted in a conviction. You should also receive information about the kinds of abusive behaviours the person has been accused or convicted of (e.g. strangulation or stalking) and any specific risk factors (e.g. a partner becoming pregnant). Police are sometimes reluctant to share information about sexual violence if this would violate the privacy of a previous victim.
Some police only share a list of criminal acts, in official language, e.g. a conviction for ‘assault’; an arrest for ‘breach of the peace’. In this case, you can ask for more detail on what the actual behaviour was. Hearing about specific behaviours is far more useful as it can help you to recognise if the same thing is repeating with you, and to look out for warning signs that things might be escalating.
Can I share the information with anyone else?
Respondents to my survey for victims and survivors often say that the information they received from police left them feeling scared and unable to talk to anyone because they had been made to sign a confidentiality agreement. You do have to sign an agreement not to share the information with anyone, but that doesn’t mean you can’t ask for an IDVA or a social worker to be present during the disclosure, or that you can’t share that information with a support worker afterwards. It is a good idea to have support with you when you get the disclosure. It is worth asking police if you can share the information with a lawyer, as this is less clear.
Will my ex/partner find out if I’ve received information about them?
No, the police will not tell your ex/partner and no one else should do that either.
What if my partner has moved around, which police force should I apply to?
Police information is recorded in the data systems of whichever force attended the incident police were called to. So it is important to make sure you make your request to the correct force, or that in the application for disclosure you mention that you or your ex/partner have also lived in other force areas.
What if police say there is nothing to disclose?
No disclosure does not mean no risk. Most domestic abuse is never reported to the police. And even when it is reported, it may be that information is held on other police systems than the one you contacted, or just that police have not been called to any incidents. If you are worried about your safety, do seek support from a local IDVA service or the national domestic abuse helpline
If you have any questions about Clare’s Law, feel free to contact me on [email protected] or to post questions on the Clare’s Law facebook group which is private.
If this blog resonates with you, please check out You Don’t Own Me’s Resources Page for useful links.