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Domestic violence or abuse: checking for a history of abuse using Clare’s Law

 

If you are worried that your partner might have a criminal record for domestic violence or abuse, you have a right to find out through Clare’s Law (also known as the Domestic Violence Disclosure Scheme).

What is Clare’s Law?

Clare’s Law is named after Clare Wood, a victim of domestic violence who was murdered by her former partner.

Clare, who was 36 years old at the time, was unaware that her ex-boyfriend, George Appleton, had a long history of violence and had already served three prison sentences before their relationship. He had abused multiple women and was known to the Greater Manchester Police.

In February 2009, Clare was murdered by Appleton, who later took his own life. A review by the Independent Police Complaints Commission revealed multiple failings by officers in handling Clare’s case.

Clare’s Law was first implemented in England and Wales in 2014, but its influence has extended beyond those regions. Similar policies have been adopted or suggested across the rest of the UK, Canada, and Australia.

Clare’s Law was officially enacted on International Women’s Day (8 March) in 2014 and had been piloted widely in 2011.

What is shown in Clare’s Law?

Clare’s Law comprises two elements: the right to ask and the right to know. The first element gives members of the public the right to request information about a potential abuser. The second allows police to disclose this information under some circumstances, helping to keep the public safe.

Through Clare’s Law, individuals have the right to see information that could help to keep them safe from the threat of domestic violence or abuse. Police are at liberty to dispense this information on a case-by-case basis. This could include prior convictions, prison sentences or cautions that indicate an abusive pattern.

How do I check for someone via Clare’s Law?

Requests for information can be submitted to the police. At this point, a review panel will assess whether information can be disclosed in the public interest. The system has proven popular since its inception, and a majority of requests are granted, leading to disclosure.

If you want to check an individual’s legal background, you should certainly do so for your own safety.

You can do this by contacting the police via 101 to log the request for disclosure. The police will then pick up and deal with it accordingly. The police will contact the person who raised concerns to discuss them further. They will decide if it is appropriate to share information to help protect the individual who may be at risk.

The right to ask relates to anyone, as long as you are over 16 when applying. This right applies regardless of gender identity, race, religion and sexual orientation.

Clare’s Law is designed to create a pathway to discovering information that an abusive partner may wish to keep concealed. By being proactive in disclosing the information, the aim is to help prevent domestic abuse before it happens.

If you would like more information on Clare’s Law or are worried about domestic violence or abuse, follow the link to the Metropolitan Police: https://www.met.police.uk/rqo/request/ri/request-information/cl/triage/v2/request-information-under-clares-law/

Do you need help on family matters? Contact us today https://www.harringtonfamilylaw.co.uk/contact/

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