Understanding Clare's Law

What is Clare’s Law?

Clare’s Law, also known as the Domestic Violence Disclosure Scheme, was implemented across all police forces in England and Wales in March 2014.

Clare’s Law was created by Michael Brown, after his daughter Clare Wood was tragically murdered by her abusive ex-boyfriend in 2009. The inquest into Clare’s death revealed that her ex-boyfriend had a record of violent behaviour against women, which was recorded by the police, but which was not disclosed due to a loophole in the Data Protection Act.

This provision enables the police to disclose information to a victim or potential victim of domestic, about their partner’s or ex-partner’s previous abusive or violent offending. 

The scheme has two elements: the “Right to Ask” and the “Right to Know.

Right to Ask

This allows an individual or a relevant third party (for example, a family member) to ask the police to check whether a current or ex-partner has a violent or abusive past. 

If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.

Right to Know

The “Right to Know” component enables the police to make a disclosure on their own initiative if they receive information about the violent or abusive behaviour of a person that may impair or impact the safety of that person’s current or ex-partner. 

This could be information arising from a criminal investigation, through statutory or third sector agency involvement, or from another source of police intelligence. 

Although this is less common that the “Right to Ask”, the police may disclose information if they can satisfy the following criteria:

• It is necessary to protect the person from being the victim of a crime,
• There is a pressing need for the disclosure,
• That the interference with the perpetrator’s rights is necessary and proportionate for the prevention of crime.

This is a subjective assessment based on the facts of each individual case, and the police may seek legal advice where necessary. 

What information will the police provide under Clare’s Law?

Clare’s law allows for disclosure on a person’s previous violent or abusive offending. This includes but is not limited to convictions for domestic abuse-related offences.

This may also include allegations or incidents where the police have attended that relate to:

• Emotional abuse
• Physical abuse
• Financial abuse
• Controlling / Coercive behaviour
• Serial perpetrator behaviour, and
• Whether there is any other intelligence about previous violence / abusive offending including cases that were not charged or concerning behaviour towards former partners.

It is important to know that you are not guaranteed to receive disclosure from the police. 

In the year ending March 2020, 8,591 ‘Right to Know’ applications were applied for in England and Wales. Of those applications submitted 4,479 (52%) applications resulted in disclosure.

In the year ending March 2020, 11,556 ‘Right to Ask’ applications were applied for in England and Wales. Of those applications submitted 4,236 (37%) applications resulted in disclosure. 

How do I make a request under Clare’s Law?

If there is an immediate risk to someone’s safety, please call 999. 

To make a request, you can call 101, visit your local police station or submit an online application form

It may be helpful to know that the subject will not be told that they are being checked out unless a disclosure takes place. 

What happens when you apply?

Under the ‘Right to Ask’ route:

• Step 1: Initial contact with police by a member of the public and initial checks carried out.
• Step 2: Follow up contact and investigation.
• Referral of case to local multi-agency forum/police decision.
• Decisions made to disclose information, or decision made not to disclose information.

Throughout: Ongoing safety planning, and where necessary full risk assessment.

Under the ‘Right to Know’ route:

• Indirect information received by police 
• Referral of case to local multi-agency forum/police decision.
• Decision made to disclose information, or decision made not to disclose information.

Throughout: Ongoing safety planning, and where necessary full risk assessment.

Sarah’s Law

Clare’s Law has recently been aligned with the Child Sex Offender Disclosure Scheme (CSODS) (also known as Sarah’s Law) allowing for more effective and efficient information sharing between both schemes. 

How is this relevant in care proceedings?

You may find yourself subject to care proceedings for various reasons.

In some care cases, the Local Authority may be concerned with the individuals you allow around your child / children or may be concerned with your ex or current partner. One way to alleviate these concerns would be to submit an application to safeguard your child / children from any potential risks.

If you are subject to Public Law Outline (PLO) or pre-proceedings, as it is commonly referred to, it may be included in your schedule of expectations that you seek this information.

Next Steps 

Engaging with this scheme could save a life.  

If you are ever uncertain of someone’s background, behaviour or have reason to believe an individual may put you or your child / Children at risk, you should contact your local police station immediately.

If you are concerned in any children proceedings and need legal advice or support, then contact our specialist Child Care team at info@biscoes-law.co.uk or 0800 413 463.