Understanding Clare’s Law and Domestic Violence

Domestic violence affects millions of people across the UK, often hidden behind closed doors. If you're concerned about a partner's past or worried about someone you care about, Clare's Law might be able to help. This important legal tool gives you the right to know about a partner's history of domestic violence,  and it could be a vital step in keeping yourself or others safe.

What is Clare’s Law?

Clare's Law, formally known as the Domestic Violence Disclosure Scheme (DVDS), is a police-run initiative that allows you to request and receive information about a romantic partner's criminal history related to domestic violence. Think of it as a safeguarding tool that puts the power of knowledge in your hands.

The scheme covers various forms of domestic abuse, including:

  • Controlling, coercive, threatening, degrading and violent behaviour

  • Physical and sexual violence

  • Psychological and emotional abuse

  • Financial or economic abuse

  • Harassment and stalking

  • Online or digital abuse

Clare's Law recognises that domestic abuse takes many forms, from emotional tactics such as name-calling and humiliation, to economic control and online abuse, through to physical violence.

Who Can Use Clare’s Law?

Clare's Law is designed to be accessible to anyone who needs it.

You can make a Clare Law application if you are:

  • Worried that your own partner or ex-partner might be abusive

  • Concerned that a friend or family member may be at risk from their partner

  • A family member, friend, colleague, or neighbour who wants to protect someone they're worried about

If you're not the person directly at risk, you can still make what's called a 'third party' application. However, any information disclosed may only be shared with the individual considered to be at risk, or someone in a position to protect them.

How Can I Make an Application Under Clare’s Law?

The process for applying for Clare's Law is straightforward and accessible. You have two main options:

  • Online: You can complete a Clare Law application through your local police force's DVDS application form on their website.

  • In person: Visit any police station to make your application face-to-face.

  • Phone call: Call the non-emergency police number 101 to make your application over the phone.

When making your application, you'll need to provide:

  • Your name, date of birth, and address

  • The full name and any previous names of the person you're enquiring about

  • Their current and past addresses (if known)

Remember, if someone is in immediate danger, don't wait for the Clare's Law process – call 999 immediately.

If you cannot speak safely, there are ways to make a silent emergency call through the 999 system.

Understanding Your Rights: Right to Ask vs Right to Know

Clare's Law operates on two key principles that give you different types of protection:

Right to Ask: This means that you can make a DVDS application to ask about a current or ex-partner that you think might have a record of abusive behaviour or violence. Any information that the police share with you about a partner is called ‘disclosure’.

You can also ask on behalf of a close friend or relative, who you think might be at risk from their current or former partner. However, you may not necessarily receive any disclosure depending on who you are.

Right to Know: This is when police proactively share information with you because their checks show your partner has a history of abusive behaviour and they believe you're at future risk. In essence, they come to you with information they believe you need to know.

Clare’s Law Application

Making a Clare's Law application can feel daunting, but understanding the process can help you feel more prepared and confident about taking this important step. The police and other agencies work together to ensure applications are handled sensitively and thoroughly, with your safety as the top priority throughout.

What is the Application Process?

The Clare's Law application process involves several clear steps:

●     Initial Contact: An officer takes details about your concerns and relationship, asks when it's safe to contact you, and runs initial risk assessments

●     Identity Verification: You'll need to provide your name, address, date of birth, and later bring photo ID plus another form of identification

●     Face-to-Face Meeting (if required): Within 10 days, you may attend a meeting or video call for further details and identity confirmation

●     Multi-Agency Review: Police meet with safeguarding agencies to review all information and decide if disclosure is lawful and necessary

●     Decision and Safety Planning: If disclosure is appropriate, they determine who receives information and develop a tailored safety plan

Information may be disclosed if your partner has previous convictions for domestic abuse, shows patterns of harmful behaviour, or poses a risk of future harm. If no disclosure is made, this may be because there's no record of abusive offences or insufficient information to justify sharing. Support and advice remain available regardless of the outcome.

How Long Does the Application Take?

The entire process, including necessary checks and information sharing if required, is expected to take no longer than 28 days. However, if at any stage the police believe the person in question is at immediate risk or needs protection, they will take action without delay.

Is Clare’s Law Confidential?

Yes, Clare Law applications are completely confidential. Your partner will not be informed that a request has been made about them.

This confidentiality extends to the information you receive as well. If you're given a disclosure, you must treat it as confidential information that's being shared solely so you can take steps to protect yourself. You cannot share this information with anyone else unless you've spoken to the police first and they've agreed that sharing is appropriate.

However, while keeping the information confidential, you can still:

●     Use it to keep yourself safe

●     Use it to protect any children involved

●     Ask what support services are available

●     Seek advice on safety planning

What Can be Disclosed in Clare’s Law?

The scheme enables police to release information about any previous history of violence or abuse a person might have. However, not every piece of information will automatically be shared.

Clare's Law disclosures must be considered 'lawful', 'proportionate', and 'necessary'. This means the police must carefully weigh whether sharing someone's confidential records is appropriate and justified to prevent future harm.

The type of information that might be disclosed includes:

●     Previous convictions for domestic violence or abuse

●     Evidence of a pattern of controlling or coercive behaviour

●     Information indicating they pose a risk of harm to you

●     Any other relevant information that suggests disclosure is needed to prevent further crime

If the checks don't reveal information that meets the threshold for disclosure, the police will let you know. This might be because your partner has no record of abusive offences, or because while some information exists, it's not sufficient to demonstrate a pressing need for disclosure.

Should your partner not be known to the police, or if police checks suggest that there isn’t a threat to your safety then the police will tell you so.

Why was Clare’s Law Introduced?

Clare’s Law was introduced after the tragic murder of Clare Wood in 2009 by her ex-boyfriend, George Appleton. Clare had met Appleton online and was unaware of his history of violence against women. Despite reporting his escalating abuse and obtaining a restraining order, Appleton continued to harass her and eventually took her life.

Police later revealed they had known about his violent past but were unable to share this due to data protection laws. Clare’s father, Michael Brown, believed she could have protected herself if she had known the truth. He campaigned for change, and in 2014, Clare’s Law—officially known as the Domestic Violence Disclosure Scheme—was introduced in England and Wales.

The law gives people the right to ask if a partner has a history of abuse and allows police to share that information to protect those at risk.

Getting Support Beyond Clare's Law

Clare's Law is just one tool in protecting yourself from domestic violence. Even if your application doesn't result in a disclosure, there are still plenty of support services available:

●     National Domestic Violence Helpline: 0808 2000 247 (free, 24-hour helpline)

●     Men's Advice Line: 0808 8010 327

●     Galop, LGBT+ Domestic Violence Helpline: 0800 999 5428

●     Local support services: Your local council will have information about refuges, counselling services, and practical support

How RJS Family Law Can Help

At RJS Family Law, we understand that domestic violence cases require sensitive, expert handling. Our experienced team can support you through:

●     Legal protection: Helping you obtain non-molestation orders and occupation orders

●     Expert domestic violence solicitors: Our dedicated legal professionals provide essential support and protection to ensure your safety and rights are protected

●     Experienced female divorce lawyers: Our compassionate female solicitors provide professional, tailored legal advice to help you navigate every aspect of your divorce. Many individuals feel more comfortable discussing sensitive matters with a female lawyer, particularly during challenging times like domestic violence

●     Family court proceedings: Ensuring your safety concerns are properly represented in any family law matters

●     Child protection: Safeguarding arrangements for children involved in domestic violence situations

●     Practical guidance: Explaining your legal rights and options in clear, understandable terms

We work alongside Clare's Law and other protection mechanisms to ensure you have comprehensive support. Our approach is always compassionate, confidential, and focused on achieving the best possible outcome for you and your family.

Contact RJS Family Law today for trusted, expert support delivered with care and discretion.

FAQs

  • Yes, the scheme is nationwide across England and Wales. It was officially rolled out on 8 March 2014 (International Women’s Day) after pilots in several police force areas. Similar schemes operate in other parts of the UK, including Scotland (since 2015) and Northern Ireland (since 2018)

  • No. Clare’s Law (officially the Domestic Violence Disclosure Scheme) is not a criminal record. It allows the police to share relevant history of domestic abuse, violence or coercive behaviour when needed to protect someone. It's not a full record of all past convictions, only information deemed necessary and proportionate to safeguard a person.

  • In the year ending March 2024, there were 58,612 applications made to the Domestic Violence Disclosure Scheme in England and Wales

  • While both laws aim to protect the public by providing access to certain types of information:

    ●     Clare’s Law relates to domestic abuse. It allows people to find out whether a partner has a history of violence or abuse.

    ●     Sarah’s Law, also known as the Child Sex Offender Disclosure Scheme, allows parents, carers, or guardians to ask if someone who has contact with a child has a record of sexual offences against children.

    Both schemes are managed by the police and involve a strict safeguarding process before any disclosures are made.

  • No, only relevant information will be disclosed, and only if it helps protect someone from harm. The police assess each case carefully, balancing the need to safeguard individuals with a person’s right to privacy.

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