What is Clare’s Law and how can it help those at risk of domestic abuse?

The Crime Survey for England and Wales estimated that, for the year ending in March 2020 (directly before the pandemic), 2.3 million adults aged between 16 and 74 years experienced domestic abuse. The numbers are estimated to have been higher during the pandemic itself. Domestic Abuse is an unfortunate daily reality for an unreasonably substantial amount of people throughout the nation. However, despite being common, it is not given enough attention.

The Domestic Abuse Act 2021 includes the first government definition of “domestic abuse” that includes psychological, emotional and economical abuse in addition to solely physical. Significantly, the Act allows the guidelines under Clare’s Law a statutory footing, which means that victims and/or potential victims of domestic abuse now have the legal right to check the criminal background of their partner.

What is Clare’s Law?

The Domestic Violence Disclosure Scheme, known as Clare’s Law, was introduced as a guideline for police forces around the UK in 2014. The aim of the scheme is to enable current and potential victims of domestic abuse to find out about a partner’s criminal background if they suffer and/or believe they are at risk of suffering domestic abuse. The victim is to go into any police station and request disclosure of the partner’s criminal background, which will be met with a police assessment as to whether the victim is in immediate risk of harm. This meant that, prior to the Domestic Abuse Act 2021, whether or not the records would be disclosed would be at the police officer’s discretion. Following the Act, disclosure is no longer at the police’s discretion.

The scheme has two core elements:

1. Right to Ask: The “Right to Ask” element implies that an individual can request the police to check the criminal background of a partner. In the event that the records show a violent and/or abusive record, the police will consider disclosing the information if deemed appropriate to do so.
2. Right to Know: The “Right to Know” element enables police to disclose the above information to an individual, following assessment and at the police’s discretion. 

What is the purpose of Clare’s Law?

The purpose of Clare’s Law is to give potential victims of domestic abuse awareness of possible abusers. Following Ms Wood’s story, Clare’s Law enables victims to find out the criminal background and potential threat of a partner, consequentially allowing them to make an informed decision on how to and/or whether to be involved with the individual.

How did Clare’s Law come into fruition?

Clare’s Law came into effect following the murder of Clare Wood. Ms Wood, 36, was murdered by her ex-boyfriend George Appleton in February 2009. She had reported Mr Appleton to the police on various occasions on account of attempted rape and harassment, however not much was done to help her. Unbeknown to Ms Wood, Mr Appleton had an extensive criminal background, including multiple offences of domestic abuse and had been imprisoned twice. Naturally, Ms Wood’s family were horrified upon discovering the truth about Mr Appleton, and appalled at the prospect of Clare having been aware to avoid the man, had she known his background from the beginning. It was from that moment that Ms Wood’s father campaigned to alter the way police deal with domestic abuse reports, and thus created what is now known as Clare’s Law. 

Do you have more questions about any of the above points or see yourself requiring the help of a specialist to deal with a family law matter? We are here for you so get in touch today and together we can make sure you are in a good and secure position.