The right to know if your partner has an abusive past.
Clare’s Law, also known as
the Domestic Violence Disclosure Scheme (DVDS) is a police policy giving people
the right to know if their current or ex-partner has any previous history of
violence or abuse.
The scheme is named after Clare Wood, who
was murdered by her abusive ex-boyfriend in 2009. It was formally rolled out in
England and Wales in 2014, following the landmark campaign led by Clare’s father Michael
Brown.
Under Clare’s Law, you have the right to: -Make an application to the police requesting information about your current or
ex-partner, because you are worried they may have been abusive in the past and
believe they may pose a risk to you in future.
-Request information from the police about the current or ex-partner of a close
friend, neighbour or family member, because you are concerned that they might
be at risk of domestic abuse in future.
This is called the ‘right to ask.’ You have a right to ask the police no
matter if your enquiry relates to a heterosexual or same-sex relationship, as
long as you are aged 16 or older. You also have the right to ask about a
partner regardless of your (or your neighbour, friend or family member’s)
gender identity, ethnicity, race, religion or other characteristics.
You also have the ‘right to know’. This means that if police checks show
that your current or ex-partner has a record of violent or abusive behaviour,
and they believe you may be at risk, they may decide to proactively share that
information with you. If you’re worried that your current or former partner has
been abusive or violent in the past, Clare’s Law was created to formally give
you the right to find out.
Clare’s Law is formally known as the Domestic Violence Disclosure Scheme (DVDS) in England
DVDS is a police-run scheme that lets you, or
any member of the public formally request or receive usually confidential
information about a romantic partner’s criminal history.
This might be a current partner who you are worried might have been abusive in
the past. It can also be an ex-partner you are no longer involved with but believe
may be a threat to your safety.
You can make a DVDS application if you believe you are personally at risk of abuse or are concerned on behalf of a close friend or relative.
Under Clare’s Law you have two rights: to ask, and to know
1- The ‘right to ask’ means that you can make a DVDS application to ask
about a current or ex-partner that you think might have a record of abusive
behaviour or violence. Any information that the police share with you about a
partner is called ‘disclosure’.
You can also ask on behalf of a close friend or relative, who you think might
be at risk from their current or former partner. However, you may not
necessarily receive any disclosure depending on who you are. The police may
decide it is more appropriate to share with your loved one directly, or with
someone who is more able to protect their safety.
2- The ‘right to know’ means that if police checks show that your current
or ex-partner has a history of abusive behaviour, they may proactively share
that information with you because they believe you are at future risk.
Clare’s Law disclosures have to be considered ‘lawful’, ‘proportionate’ and
‘necessary’
This means that police must first decide whether it is appropriate to disclose
your partner’s confidential records as part of your DVDS application. If there
is enough to suggest that you may be at risk, then the police will make a
collective decision on what information to disclose to you.
If you are applying on your own behalf, then the police will disclose any information
directly to you – usually in person. If you’re applying on behalf of someone
else, any disclosure is likely to depend on your relationship to that person
and your ability to keep them safe.
Should your partner not be known to the police, or if police checks suggest
that there isn’t a threat to your safety then the police will tell you so. In
this case, they are not required to share any disclosure with you or anyone
else.
Clare’s Law disclosures take into account different definitions of domestic
abuse
Abuse isn’t only limited to physical abuse. It can also include harassment,
verbal abuse, stalking, psychological threats or manipulation , sexual assault
and violent behaviour. Anyone can experience domestic abuse regardless of
age, race, ethnic or religious backgrounds, sexuality, class or disability.
Domestic Abuse can be defined as an incident or pattern of incidents of
controlling, coercive, threatening, degrading and violent behaviour – including
sexual and
physical violence. With continued changes to the law Domestic Abuse can include:
Clare’s Law is named after Clare Wood, a 36-year-old woman from
Yorkshire who was murdered by her ex-boyfriend George Appleton in 2009.
She met him on Facebook, unaware that he had a
criminal history when he befriended her.
The pair began a 6-month relationship, which
Clare finally ended after it turned coercive. However, Appleton refused to move on, subjecting
her to consistently abusive behaviour such as harassment, damage to property,
threats of violence and attempted assault.
Though Clare made a police statement and got a
restraining order, Appleton’s behaviour continued unchecked.
It finally ended with him taking Clare’s life,
followed by his own days after. Investigations later revealed that he had a
history of violent and abusive behaviour, particularly towards women, which Greater
Manchester Police were aware of but had not disclosed to Clare.
At the time, data protection laws had created a
legal loophole which meant that former abusers were able to keep their criminal
records confidential.
This meant potential targets like Clare had no way to check
or ask police whether their partner had been similarly abusive in the past.
Following her Clare’s death, her father Michael Brown began a
campaign to challenge this law.
He believed that Clare would not have lost her life if she
had been aware of Appleton’s violent past. After 5 years of campaigning,
Michael eventually managed to change the law to allow police to both disclose
and proactively inform people of their partners’ criminal records and relevant
past convictions. Clare’s Law was finally introduced in England and Wales in
2014 under the official title of the Domestic Violence Disclosure Scheme
(DVDS).
Michael believed that this knowledge could have saved Clare’s life. So he began a passionate campaign as an ambassador for other families who had also suffered a similar loss. His vision was to create a police disclosure scheme that would allow everyone the right to know of a partner’s history of violence.
Michael’s efforts paved the way for Clare’s Law in the UK and abroad
He finally managed to get Clare’s Law passed in England and Wales in 2014. It was then rolled out to his birthplace Scotland in 2016, and Northern Ireland in 2018. Since then, a version of Clare’s Law has also been trialled in New South Wales, Australia, and the province of Saskatchewan in Canada.
His landmark campaign was recognised with a number of awards
Michael received a number of awards recognising his efforts to raise awareness of Clare’s Law and domestic violence. These include a British Citizen Award (Jan 2020), and an Everyday Heroes Award in his home town of Aberdeen (Feb 2020). He was also appointed patron of The Endeavour Project – a Bolton-based support group for families affected by domestic abuse. Michael’s legacy continues to inspire change Sadly, Michael died in July 2020 – but his spirit continues to lives on. He was posthumously awarded the 2020 She Inspires award in the ‘He For She’ category, for male champions of gender equality. She Inspires also introduced the Michael Brown Agent Of Change award in his memory, recognising those who have also fought to right obvious wrongs.
Michael’s lasting impact has also been widely recognised by the press:
-‘his work has already saved hundreds of lives and believe his legacy will save thousands more’
-‘After the best part of a decade, Clare’s Law will finally become enshrined into law as part of the Domestic Abuse Bill’
A timeline of Michael’s campaign
2009
-Inquest into Clare’s murder reveals a loophole in the Data Protection Act that prevents police from sharing information about individuals with a history of violence or abuse
-Michael joins forces with Manchester news reporter Michelle Livesey. They contact Hazel Blears, Labour MP for Salford
-Nationwide poll is published in ‘Fabulous’ magazine, which reveals 91% of people would want to know if their partner had a history of domestic abuse. A further 77% stated they would leave a relationship if that information was disclosed to them by police
-Michael launches the ‘Respect and Protect’ campaign (later re-named the ‘Clare’s Law Campaign’) with the parliamentary support of Hazel Blears, and other MPs including former Home Secretary Alan Johnson
2010
-Michael and Hazel Blears meet current Home Secretary Theresa May, who announces the launch of a Domestic Violence Disclosure Scheme consultation
-Michael’s petition for Clare’s Law receives over 1,000 signatures. He delivers it to Downing Street with Michelle Livesey and Hazel Blears, receiving significant media coverage and public attention
-Michael uses the media push to continue his public campaign for Clare’s Law
2012-14
-The Home Office announce a Clare’s Law pilot scheme by police forces in Greater Manchester, Nottinghamshire, Wiltshire and Gwent
-Clare’s Law is finally rolled out to all police forces in England and Wales
2015-16
-Michael calls for a similar scheme to be introduced in his birthplace of Scotland, travelling to Holyrood to meet with Scottish First Minister, Nicola Sturgeon
-A pilot of Clare’s Law is launched in Ayrshire and Michael’s hometown of Aberdeen
-Clare’s Law is officially introduced in Scotland, and known as the Disclosure Scheme for Domestic Abuse Scotland (DSDAS)
2016 onwards
-Michael gives many TV and radio interviews (such as GMTV and The One Show), and gives speeches at various women’s refuges
-Several documentaries cover Clare’s story, including The Crime that Shook Britain, Deadly Dates, Swipe Right for Murder
-Teen magazine, local publications and national news all publish Clare’s story to raise awareness of the potential dangers of dating through social media
-Clare’s Law informs a Coronation Street storyline between characters Geoff Metcalfe and Yasmeen Nazir
Clare’s Law gives you the right to ask about your husband, boyfriend or partner’s background
Whether you’re in a heterosexual or same-sex relationship, if you’re worried that your current or former partner has a history of violence, Clare’s Law gives you the right to find out.
You can make an application to the police on your own behalf, or on the behalf of someone else like a friend, relative or neighbour that you think is at risk. Anyone can apply regardless of race, gender identity, ethnicity, sexuality, disability, religion or any other characteristic.
Clare’s Law exists to help prevent all types of domestic abuse, not only physical Domestic abuse can take various forms. There are also many different signs or flags that a partner might have a history of abuse or may become abusive in future.
These might include any of the following:
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