Claire’s Law, officially known as the Domestic Violence Disclosure Scheme (DVDS), is a vital legal measure introduced in the United Kingdom to help protect individuals from potential harm in relationships. The law allows people to ask the police if their partner has a history of violence or abuse, enabling them to make informed decisions about their safety.
Named after Claire Wood, a woman tragically murdered by a partner with a history of violence, this law serves as a crucial tool in the fight against domestic abuse. It represents a significant step towards empowering individuals with the information they need to protect themselves.
Background and History
Claire’s Law was born out of a tragic and harrowing case that shocked the nation. Claire Wood was a 36-year-old woman from Salford, Greater Manchester, who was murdered in 2009 by her former partner, George Appleton. Appleton had a history of violence against women, a fact that Claire was unaware of until it was too late. The horrific nature of her death, and the subsequent public outcry, led to calls for a legal framework that would allow individuals to access information about a partner’s history of abuse or violence.
In response to these calls, the Domestic Violence Disclosure Scheme, commonly referred to as Claire’s Law, was piloted in 2012 in four police areas before being rolled out across England and Wales in March 2014.
The scheme was later adopted in Scotland in 2015 and Northern Ireland in 2018. The introduction of Claire’s Law marked a significant shift in how the legal system approaches the protection of individuals from domestic violence, providing a proactive measure to prevent abuse before it escalates to tragic consequences.
How Claire’s Law Works
Claire’s Law operates under two primary mechanisms: the Right to Ask and the Right to Know. These mechanisms empower individuals and authorities to act proactively in preventing domestic violence.
Right to Ask
This allows anyone who has concerns about their partner’s past—whether it’s a current partner, ex-partner, or someone they are entering into a relationship with—to request information from the police about whether that person has a history of abusive behaviour.
This request can be made by the individual themselves or by someone who has concerns for their safety, such as a family member or friend. Once the request is made, the police will conduct checks to determine whether there is any relevant information to disclose. If there is, and if the disclosure is deemed necessary to protect the person, the police will share this information in a confidential manner.
Right to Know
Under this aspect of the scheme, the police can proactively disclose information to a potential victim if they believe that person is at risk of harm from their partner. This disclosure can be made without a request if the police have sufficient evidence to suggest that the person may be in danger. The decision to disclose information is carefully considered, with the police weighing the potential risks against the individual’s right to privacy.
Criteria for Disclosure
The police will consider several factors before making a disclosure, including the seriousness of the information, the potential risk to the individual, and the impact that disclosure may have on all parties involved. The primary aim is to protect the individual at risk, ensuring that they have the information they need to make informed decisions about their safety.
How to get Information about a person under Claire’s Law?
When an individual or a third party wishes to make a request under the Right to Ask, they must contact their local police force, either by visiting a police station, calling 101, or through an online application. The individual will then be asked to provide personal details and information about their concerns.
The police will carry out a risk assessment and background checks, consulting with other agencies such as social services if necessary. If a disclosure is deemed appropriate, it will be made during a face-to-face meeting, ensuring the information is communicated clearly and confidentially.
Taking the First Step Towards Safety
If you are concerned about your safety or the safety of someone you know, it is crucial to take action. Domestic violence can have devastating consequences, but there are resources and support systems available to help you. Claire’s Law is just one of the tools designed to protect individuals from harm, and seeking help is the first step towards safeguarding your well-being.
Don’t Hesitate to Reach Out
If you have any concerns about your partner’s past or if you feel unsafe in your relationship, it’s important to speak up. The police, domestic violence charities, and legal professionals are there to listen and support you without judgment. Requesting information under Claire’s Law could provide you with the knowledge you need to make informed decisions about your relationship.
Confidential Support
Whether you decide to make a request under Claire’s Law or need advice on how to leave an abusive situation, there are organisations that can offer confidential support. Women’s Aid, Refuge, and the National Domestic Abuse Helpline provide free, confidential advice and can help you develop a safety plan. Remember, you are not alone, and there is no shame in seeking help.
Legal Assistance
If you receive a disclosure under Claire’s Law or if you are experiencing domestic violence, legal support is available to protect you. Law firms can assist in obtaining protective orders, such as non-molestation orders, and provide guidance on your rights. Don’t wait until it’s too late—legal professionals can help you take immediate steps to ensure your safety.
Support for Friends and Family
If you are worried about someone else’s safety, Claire’s Law allows you to make a request on their behalf. Encourage them to seek help and provide them with information on the resources available. Your support could make all the difference in helping them escape an abusive relationship.
Taking the first step to seek help can be daunting, but it’s an essential move towards a safer, healthier future. Trust your instincts, reach out to the support available, and remember that help is always at hand. Your safety and well-being are paramount, and there are dedicated people and resources ready to assist you every step of the way.
Author – Julie Condliffe
Julie Condliffe is a four-time bestselling author, successful property investor and an award winning solicitor. She is the founding partner of Creative Legals.