Clare’s Law is named after Clare Wood, who was murdered in 2009 by her ex-boyfriend. He had a history of violence against women, but Clare was unaware of this. The scheme was implemented in England and Wales in 2014, Scotland in 2016, and Northern Ireland in 2018.
Purpose
The primary aim of Clare’s Law is to provide individuals with a formal mechanism to inquire about their partner’s history of abusive behaviour, allowing them to make more informed decisions about their relationship.
How it works
Clare’s Law operates under two procedures:
1. Right to Ask
This allows a person to ask the police about a partner’s (or potential partner’s) past history of domestic violence or violent acts.
Process
- Initial contact with the police to request disclosure
- Face-to-face meeting to gather more information
- Background checks and risk assessment by police
- Multi-agency meeting to decide on disclosure
- Disclosure of relevant information if deemed necessary
2. Right to Ask
This allows the police to proactively disclose information to an individual about their partner’s history of abusive behaviour.
Who can use Clare’s Law
- Someone in a relationship who is worried about their partner’s history
- A concerned third party, such as a parent, neighbour, or friend
- Professionals who come into contact with potential victims of domestic abuse
What information can be disclosed
- Convictions for domestic violence or abuse-related offences
- Other relevant information, such as police callouts to domestic incidents
Limitations
- The scheme doesn’t guarantee that all information will be shared
- Disclosure is at the discretion of the police and partner agencies
- Information about spent convictions is generally not disclosed
Confidentiality
- Recipients of information under Clare’s Law are asked to keep the information confidential
- Sharing the information inappropriately could lead to legal consequences
Safeguards
- Strict guidelines are in place to ensure the scheme isn’t misused
- Police conduct thorough checks before disclosing any information
- The potential impact on the subject of the disclosure is considered
Effectiveness
While the scheme has been praised for empowering individuals with information, its effectiveness is still being evaluated. Some concerns include:
- Inconsistent implementation across different police forces
- Potential for false sense of security if no disclosure is made
- Need for support services to help individuals process and act on the information
How to make a request
To use Clare’s Law, you can:
- Visit your local police station
- Call 101 (the non-emergency number for police)
- Speak to a police officer
It’s important to note that Clare’s Law is just one tool in the broader strategy to combat domestic abuse. It should be used in conjunction with other support services and safety planning measures.
If you are concerned about your welfare, or that of someone you know, contact Sarah Lightfoot-Webber, our Domestic Abuse specialist, on 01489 774821 or sarah.lightfoot-webber@ericrobinson.co.uk for a free, informal and confidential appointment.
