Clare’s Law

Clare’s Law, also known as the Domestic Violence Disclosure Scheme, gives a person the right to ask the police if their partner has a past of abuse or violence.

It has been around for ten years, saving thousands of women and men from suffering at the hands of domestic violence.

In this article, we will learn the origins of Clare’s law, what its instatement means and any other nuances concerning the law.

Origins of Clare’s Law

Pushed by the late Michael Brown after the tragic death of his daughter Clare, Clare’s Law was created to save lives from domestic violence.

Clare Wood was murdered by her ex-boyfriend George Appleton back in 2009. The couple had previously met on Facebook, but Clare was utterly unaware that he had a criminal history, having previously spent two years in prison for harassment and six years for holding a woman at knifepoint.

During their 6-month relationship, Clare had noticed some coercive behaviour and chose to end the relationship. Appleton did not accept the breakup, harassing Care and threatening violence.

Even after Clare got a restraining order against Appleton, the abuse continued until, unfortunately, in 2009, Appleton took her life and his own a few days later.

Following an inquest into Clare’s death, it was discovered that Appleton had a history of abusive behaviour towards women, which Greater Manchester Police were completely aware of.

Police were unable to inform Clare of his violent past because of a loophole in the Data Protection Act. The loophole meant that there was no way to know if a new partner had a history of domestic abuse or violence.

What is Clare’s Law?

For years after Clare’s death, Michael campaigned for a change to the law that made the police inform people of their partners’ criminal records and any convictions that may put them at risk.

Men and women throughout England and Wales were finally able to protect themselves from potentially dangerous relationships, as Clare’s law allowed them to request information about their partners from the police.

In 2014, Clare’s law was introduced, offering a lifeline for people throughout England and Wales.

In 2016, the law was introduced to Scotland, and then shortly after, in 2018, it was introduced in Ireland.

International Impact of Clare’s Law

What happened to Clare had an impact not just on the UK but also inspired countries around the world to trial similar laws. Since then, a version of Clare’s law has been trialled in Australia and Canada, and it looks like it’ll be implemented elsewhere, too.

With the increase in domestic violence all over the world, genuine efforts need to be made to keep people safe.

How Do You Check on Someone Using Clare’s Law?

Carrying out a Clare’s Law check is relatively straightforward, making it an accessible solution.

With Clare’s law came the introduction of ‘the right to ask’. This allows someone who wants to know a new partner’s past to request information from the police to see if their partner has a history of violence or any criminal history at all.

The police have the right to determine which information they disclose upon request. For example, if someone has a criminal history but no history of violence, the police can choose not to disclose that to the individual who requested the information.

The information is expected to be provided within 28 days. If the police have anything to disclose, they must meet face-to-face to explain their findings to the requestee, as they are not legally allowed to give the public access to criminal records.

When it comes to Clare’s Law disclosure, a common misconception is that someone has to have been charged for their information to be eligible for disclosure.

However, even if an arrest was not made, if there has been any violent behaviour that required police involvement, they are still at liberty to disclose the information to the person who has requested it.

What Are The Limitations of Clare’s Law?

Though Clare’s Law has offered a lifeline to people throughout the UK, it is still a relatively new law. With any new law, there are always teething problems and issues that need to be addressed, and unfortunately, Clare’s law isn’t perfect.

Here are some of the limitations of Clare’s Law.

Issues Making The Deadlines.

As previously stated, it is expected that when someone contacts the police, they will receive the requested information in under 28 days. Though this is the expectation, unfortunately, it is not the case.

All over the country, women and men are waiting hundreds of days to receive their Clare’s Law Disclosure information, which is unacceptable.

Clare’s daughter discussed the issue with the BBC, stating that the poor execution of the law puts lives at risk and may result in more deaths. Some applications are being outright rejected, while others are simply ignored.

Clare’s Law is failing to be adequately implemented because of the underfunding and overworking of law enforcement. Before improvements can be made to the law, the problem needs to be addressed at the root.

Not all Abusers Face the Law.

Unfortunately, in the UK, not all victims of domestic abuse report their abusers.

There are many reasons why someone may not report abuse or physical violence, such as being under duress, feeling traumatised by the event or feeling at risk of harm.

Because of this, there are still perpetrators of abuse free to start new relationships, and there is nothing that the police can do about it.

Many have suggested that to succeed, Clare’s Law must transcend the legal space and introduce social activism, which creates a whole host of problems in itself, as people may use the system to their advantage.

This information makes Clare’s Law all the more important regarding awareness. If people know that reporting abusive behaviour could save someone’s life in the future, they may be more inclined to file a report.

Female Targeted Marketing.

Clare’s Law gives all genders the right to secure their safety. A huge problem with the Clare’s Law campaigns is the female-orientated targeting.

Though in the UK, women are 93% more likely to report domestic and physical abuse, men are still victims of it too.

The promotion of Clare’s Law tends to be female-oriented, which means that the complete picture is not being addressed. Male victims of abuse feel alienated and unmotivated to use Clare’s Law or report their abuse.

Changes to how Clare’s Law is advertised and discussed need to be made to make the law feel more inclusive and to combat abuse experienced by men.

Bringing Awareness to Clare’s Law.

Clare’s Law has the potential to change the scope of domestic abuse and save lives; it just requires further awareness and understanding.

By answering questions such as how to check someone on Clare’s Law, we hope to have brought more awareness to the law.

It is important for the public to be aware of what Clare’s Law can do for them and how to request information under it. If you want to learn more about Clare’s Law and how it is implemented, contact our experts, at Brown Turner Ross. We are happy to answer any questions you may have and help you better understand the legislation.