Clare’s Law and its impact on domestic abuse cases

Clare’s Law, more formally known as the Domestic Violence Disclosure Scheme (DVDS), gives people the right to ask the Police if their partner has a previous record of criminal and/or abusive behaviour.

What is Clare’s Law?

Clare’s Law is named after Clare Wood, who was murdered by her abusive ex-boyfriend, George Appleton, in 2009. They met on Facebook and had a six-month relationship until Clare ended it after he showed patterns of coercive control. Despite the relationship ending, George continued to subject Clare to abusive behaviour, including threats of violence and damage to her property.

Although Clare repeatedly sought help from the Police and obtained a restraining order, the behaviour continued. Tragically, George eventually murdered Clare at her home.

George Appleton had a record of criminal and domestic abuse offences and had been jailed in 2002 for harassing another woman. This information was not revealed to Clare, despite her repeated pleas for help.

Clare’s father introduced Clare’s Law following a campaign for individuals to have the right to ask for records of their partners’ violent behaviour. Until Clare’s Law was passed, abusers’ records were undisclosed due to a loophole in the Data Protection Act.

Clare’s Law was changed from a policy to a law in 2021.

Clare’s father believed that had his daughter been made aware of her ex-partner’s past, her death could have been avoided.

What do partners have the right to know under Clare’s Law?

Clare’s Law allows people the right to ask Police about a partner’s criminal history and permits forces to readily disclose this information.

Under the DVDS, you have:

• The ‘right to ask’ about a current or ex-partner that you think might have a record of domestic abuse. This information is known as ‘disclosure’.
• You can also ask on behalf of a relative or close friend who you deem to be at risk at the hands of another person.
• The ‘right to know’: if Police checks show that your current or ex-partner has a violent or abusive record, they can proactively share this information with you because they believe you are at risk.

According to recent statistics, there were 45,344 Clare’s Law applications in England and Wales in 2022-23; a rise of 300% in five years. Although this increase shows a worrying picture, it is hoped that disclosures have helped avoid cases of domestic abuse that may not have been before the DVDS was implemented.

Does Clare’s Law only cover physical acts of domestic abuse?

No. Clare’s Law, or the Domestic Violence Disclosure Scheme, covers all types of abuse and violence, including harassment, verbal abuse, coercive control, psychological threats, financial abuse and sexual assault.

If you believe that you may be at risk from any form of harassment, abuse or violence, it is important to take action as soon as possible. In addition to asking the Police to disclose information about your partner or ex-partner, you should contact our domestic abuse solicitors who can help put an emergency order in place to keep you and your family safe if necessary.

If you are in immediate danger, dial 999.

How has Clare’s Law affected domestic abuse claims?

It is difficult to say how many domestic abuse claims have been avoided thanks to Clare’s Law, but there is no doubt that it has helped reduce the number of domestic abuse cases since it became law.

Through the DVDS, individuals have a legal right to see or know about information that could help to keep them safe from the threat of domestic abuse. Police can disclose relevant information on the individual, i.e. ex-partner, who is being investigated.

This information includes previous cautions, convictions or prison sentences that indicate an abusive pattern.

How to find out if an ex-partner has a criminal record

To ask for a disclosure under Clare’s Law, you can phone 101 and log your request. This will be triaged to the relevant Police force, who may then contact you to discuss your concerns and decide whether it is appropriate for information to be shared. This is also an opportunity for the Police to ascertain whether you may need further support or if action should be taken against the individual in question.

The right to ask relates to anyone over the age of 16.

It is important to remember that if you are in any doubt whatsoever or you have already experienced domestic abuse, you should seek help as soon as possible, without waiting for your disclosure to be processed.

Further information

It is important to remember, however, that if you or a loved one are experiencing abuse or harassment, you should seek help as soon as possible.

Our specialist Domestic Abuse team will do all we can to help. We will provide advice and support and can help you obtain emergency protection within 24 hours.

Call our supportive team on 0117 325 2929 or fill out our online enquiry form.