Clare’s Law: Know Your Rights, Legal Overview

Clare’s Law, formally known as the Domestic Violence Disclosure Scheme, represents a significant advancement in victim protection within the United Kingdom’s legal framework. This groundbreaking legislation empowers individuals to request information about their partners’ histories of domestic violence, enabling informed decisions about their safety and relationships. Named after Clare Wood, a victim of domestic homicide, this law reflects society’s commitment to preventing intimate partner violence and protecting vulnerable individuals from potential harm.

The scheme operates on a simple yet powerful principle: transparency can save lives. By providing access to relevant police information about a partner’s violent background, Clare’s Law creates an opportunity for potential victims to recognize warning signs and take protective action before tragedy occurs. Understanding your rights under this legislation is essential for anyone concerned about relationship safety or domestic abuse patterns.

What is Clare’s Law and Its Legal Foundation

Clare’s Law emerged from the tragic death of Clare Wood in 2009, killed by a partner with a documented history of domestic abuse that she did not know about. The resulting public inquiry highlighted critical gaps in victim protection mechanisms. The Domestic Violence Disclosure Scheme, introduced nationally in 2014, formalized the right to request information about a partner’s violent history.

The legal foundation of Clare’s Law rests on balancing two competing interests: the right to privacy of individuals with criminal histories and the safety rights of potential victims. Under the scheme, police forces can disclose information when they believe a disclosure is necessary to prevent domestic abuse. This represents a departure from traditional data protection principles, prioritizing victim safety as a paramount concern.

The scheme operates under specific statutory guidance and is governed by the Home Office Domestic Violence Disclosure Scheme guidance. It applies across England and Wales, with similar provisions existing in Scotland under different frameworks. The legal authority for disclosure derives from police powers to share information for crime prevention and victim protection purposes.

Understanding what constitutes the legal definition of harassment becomes crucial when evaluating whether a partner’s behavior meets thresholds for disclosure under Clare’s Law. Harassment encompasses a range of behaviors from threatening conduct to repeated unwanted contact that causes alarm or distress.

Your Right to Request Information

Clare’s Law grants individuals several distinct rights regarding access to information about partners’ violent histories. The most fundamental right is the Right to Ask, which allows any member of the public to request disclosure of information held by police about a current or former partner.

The Right to Ask is available to:

• Current intimate partners (married, cohabiting, or in a relationship)
• Former intimate partners
• Parents or guardians concerned about a child’s safety
• Third parties with legitimate concerns about someone’s risk to others

Complementing this is the Right to Know, which operates differently. Police can proactively disclose information to potential victims without a request if officers believe disclosure is necessary to prevent domestic abuse. This right empowers law enforcement to intervene before violence occurs, representing a significant shift toward preventative victim protection.

Understanding legal rights in general provides context for how Clare’s Law fits within broader victim protection frameworks. Your rights under this scheme exist alongside other legal protections, including restraining orders, non-molestation orders, and criminal sanctions against abusers.

The information accessible through Clare’s Law includes police records of domestic violence incidents, convictions for violent or sexual offenses, and other relevant information indicating a risk of harm. However, police retain discretion in determining what information to disclose and may withhold certain details if disclosure would interfere with criminal investigations or compromise other individuals’ safety.

How to Make a Disclosure Request

Making a request under Clare’s Law involves a straightforward process, though timelines and procedures may vary slightly between police forces. The first step is contacting your local police force directly. Most forces have established procedures specifically for handling Clare’s Law requests, often through dedicated domestic abuse units or local police stations.

Step-by-step process:

1. Contact your local police force by phone, in person, or online
2. Request the Domestic Violence Disclosure Scheme application
3. Provide your name, contact details, and relationship to the person you’re inquiring about
4. Explain your concerns and why you believe disclosure is necessary
5. Provide details about the person in question (name, date of birth, address)
6. Wait for police to conduct their assessment
7. Receive notification of the disclosure decision

The assessment period typically takes around 28 days, though complex cases may require longer. During this time, police conduct checks against their systems and consult with other agencies as necessary. They evaluate whether disclosure is necessary to prevent domestic abuse and proportionate to the risk identified.

When making your request, provide as much detail as possible about your concerns. Specific incidents, patterns of behavior, or information suggesting risk strengthens your application. Police are more likely to disclose when presented with concrete evidence of potential danger rather than vague concerns.

If you’re seeking information as a third party (not in an intimate relationship with the subject), your request must demonstrate legitimate concern for someone’s safety. This might include being a family member, friend, or professional with responsibility for potential victims.

Understanding Police Disclosure Decisions

Police apply a careful assessment framework when deciding whether to disclose information under Clare’s Law. The fundamental test is whether disclosure is necessary to prevent domestic abuse. This necessity test requires police to balance victim safety against the privacy rights of the person being inquired about.

Police consider multiple factors when making disclosure decisions:

• Nature and severity of any previous domestic violence
• Patterns of behavior indicating escalating risk
• Whether the person has convictions for violence or sexual offenses
• Current relationship dynamics and separation issues
• Whether children are involved
• Any breach of existing protective orders
• Substance abuse issues that may increase risk
• Access to weapons or evidence of planning harm

Receiving a positive disclosure means police have determined that information should be shared. The disclosure itself is typically made in person at a police station, allowing officers to provide context and discuss safety planning. The information disclosed focuses on relevant history that indicates risk, rather than exhaustive criminal records.

A negative disclosure decision doesn’t mean the person has no violent history—it means police determined that disclosure wasn’t necessary to prevent domestic abuse or that the information held doesn’t indicate sufficient risk. This decision can be reviewed if circumstances change or new information emerges.

Understanding substantive law principles helps clarify how police balance competing legal interests. The disclosure scheme represents a deliberate policy choice prioritizing victim safety, even when this requires limited disclosure of information about individuals with privacy interests.

Protection Orders and Related Remedies

Clare’s Law information often becomes relevant in seeking legal protections against domestic abuse. If disclosure reveals concerning behavior, you have access to several legal remedies beyond the disclosure scheme itself.

Non-Molestation Orders provide court-ordered protection prohibiting contact, harassment, or threatening behavior. Available through family courts, these orders are enforceable and breaches can result in arrest and prosecution. Disclosure information strengthens applications for these orders by providing documented evidence of abuse patterns.

Restraining Orders operate through criminal courts and can be imposed following conviction or alongside criminal proceedings. They prevent contact and approach and carry criminal penalties for breach. Police disclosure evidence often supports restraining order applications.

Occupation Orders address housing situations where an abuser and victim share a home. These court orders can exclude the abuser from the property, providing immediate safety and housing security for victims.

Beyond court orders, Clare’s Law information enables informed decisions about relationship continuation, living arrangements, and safety planning. Many victims use disclosure information to access specialist domestic abuse services, counseling, or refuge accommodation.

It’s important to recognize that Clare’s Law operates within a broader legal ecosystem addressing domestic abuse. Criminal law provisions prosecute assault, threatening behavior, and harassment. Family law addresses separation, custody, and financial arrangements. Immigration law protections assist migrant victims. Housing law ensures victims aren’t rendered homeless. Understanding how your legal rights interconnect across these areas enables comprehensive protection strategies.

Professional support organizations often help victims navigate Clare’s Law requests and subsequent legal processes. Domestic abuse charities, victim advocates, and solicitors specializing in family law can provide guidance throughout the disclosure process and help interpret information received.

If you’re experiencing domestic abuse, accessing support services should be your priority alongside legal remedies. The National Domestic Abuse Helpline provides 24/7 support, safety planning, and referrals to local services. Many areas offer refuge accommodation, counseling, and legal aid for victims.

FAQ

Who is eligible to request information under Clare’s Law?

Any member of the public can request information about a current or former intimate partner. This includes married couples, cohabiting partners, and those in dating relationships. Parents, guardians, and third parties with legitimate concerns about someone’s safety can also request disclosure in appropriate circumstances.

What happens if police deny my request for disclosure?

If police decide not to disclose, you can request a review of their decision if circumstances change or new information emerges. You can also contact your police force’s complaints procedure if you believe the decision was unreasonable. However, police retain significant discretion in these decisions, and judicial review is rarely successful.

Is the information disclosed confidential?

Yes. Police disclose information directly to you, and you control how you use that information. It’s not automatically shared with other agencies or individuals. However, you may choose to share it with legal representatives, counselors, or others helping you address safety concerns.

How long does the disclosure process take?

Most requests are assessed within 28 days. Complex cases involving multiple police forces or extensive record checks may take longer. Some forces provide faster turnarounds for urgent safety situations. Contact your local force for specific timelines.

Can I request information about multiple people?

Yes. If you have concerns about multiple individuals, you can make separate requests for each person. Each request is assessed independently based on the specific circumstances and information held.

What if my partner finds out I’ve requested disclosure?

Police don’t notify the subject of a disclosure request. However, if you receive a positive disclosure and subsequently obtain court orders or take legal action, the person will become aware through legal processes. If you’re concerned about safety implications of your partner discovering your request, discuss this with police or domestic abuse support services for safety planning advice.

Does Clare’s Law apply across the UK?

The Domestic Violence Disclosure Scheme operates in England and Wales. Scotland has separate domestic abuse disclosure provisions. Northern Ireland has similar schemes. Procedures and specific provisions may vary slightly between jurisdictions.

Can I use disclosed information in family court proceedings?

Yes. Information disclosed under Clare’s Law can be presented as evidence in family court proceedings, including custody disputes, non-molestation order applications, and separation proceedings. It provides documented evidence supporting your account of abuse or safety concerns.

What if the person I’m inquiring about has only been accused but not convicted?

Police can disclose information about arrests, charges, or convictions, even if no conviction resulted. The disclosure test focuses on whether disclosure is necessary to prevent domestic abuse, not whether criminal convictions exist. Allegations and arrests can indicate patterns of behavior warranting disclosure.

Are there any costs associated with making a Clare’s Law request?

No. Requesting information under Clare’s Law is free. Police forces don’t charge for processing disclosure requests or providing information. This ensures cost isn’t a barrier to accessing safety information.