Clare’s Law: The Domestic Violence Disclosure Scheme

Clare’s Law gives anyone, both men and women, the right to ask the police if they have concerns that their partner is a risk to them. Enquiries can also made on behalf of a friend or family member. This service is to help provide people with the information they need to escape an abusive situation early on.

Why was the law introduced: Clare Wood was murdered in 2009 by her partner and her father argued and petitioned for this law. He believed that if his daughter had known about her partners long history for violence and various domestic assaults on previous partners then she would not have stayed in a relationship with him and therefore her death could have been avoided. This law was passed in 2015.

Who can request information: If you are in a relationship with someone and you are concerned about their behaviour, then you can contact the police and request the disclosure to be carried out. For example, given the current situation, you may find tensions are rising in the home and some cracks may be beginning to appear, perhaps you are seeing sides to you partner that you haven’t seen before. Or it could be, that you are in a reasonably new relationship which, due to lockdown, has moved quicker than you had planned, you may have moved in together, temporarily throughout this time but are now beginning to see behaviours that worry you. Similarly, if you have a close friend or family member and you have concerns about their safety as you have seen their behaviour change since being in a relationship then you can also use this service and request a disclosure be carried out.

How to make an application: The process if quite simple, you can go onto the Police Scotland website and complete the online form, call 101 or present at any Police Station. Officers will talk you through through the process and take basic details such as your name, address and DOB and a note of your concerns. The Police work with other agencies, such as the Prison Service and Social Work and gather a full picture of the situation and the individual the application has been made against.

What happens next? It is the above authorities who decide if they wish to disclose any information. They will only disclose this information if it is deemed necessary and lawful, in order to protect someone from their partner and prevent further crime. If there has been any previous violence or domestic abuse charges then the information will be disclosed and the police will refer the individual who is at risk onto the relevant agencies, such as Women’s Aid, who will help create a safety plan to leave.

There are thousands of applications made every year to this service and it is proving to work in assisting in the battle to help reduce domestic violence. However, it is not without flaws, as not all abusers have a recorded history of domestic abuse. Even if there is no history and therefore nothing to disclose, the police may refer you onto a domestic abuse charity, as they can support you through the concerns you have about your partners behaviour.

The lockdown is stressful for lots of relationships, but please do not allow anyone to use the circumstances as an excuse to disrespect you, put you down, control you or be violent towards you. And remember, not all domestic abuse is violence, check out my article on ‘Signs of Domestic Abuse’ for further signs to look out for. Information is power so use this time and these articles to educate yourself in services available to you.

It is also important to note that applications to this service can take up to 45 days to complete so if you are concerned for you own or a family/friends safety, please contact Scottish Women’s Aid on 0800 027 1234 or 999 in an emergency.

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