Information about someone’s violent or abusive behaviour will be
disclosed faster under changes to Clare’s Law proposed by the
Home Office today (7 May).
The Domestic Violence Disclosure Scheme (DVDS), often referred to
as ‘Clare’s Law’, was implemented across all police forces in
England and Wales in March 2014. It means that members of the
public can ask the police for information on their partner’s
criminal history and therefore know if their partner poses a risk
to them.
Under new guidance, which the Home Office will consult on from
today, the police will be required to disclose information on
perpetrators quicker. Police will have 28 days to disclose the
information, down from the current guideline of 35. This will
mean victims and potential victims should have the information
that could be critical to their safety faster.
Minister for Safeguarding said:
We have to make sure victims and potential victims of domestic
abuse have all the protection and information they need to stay
safe.
We must also empower police forces to use their own initiative in
situations where they feel someone is in danger, to get
information out to victims faster that could be critical for
their safety, and to better protect the most vulnerable in
society.
The updated guidance also sets out best practice for managing
applications that are received online, including setting out that
links to specialist domestic abuse services must be provided, and
safety measures such as quick escapes must be in place on online
portals to help protect applicants.
The DVDS is comprised of two elements: the “Right to Ask” and the
“Right to Know.” Under the ‘Right to Ask’ aspect of the scheme an
individual or relevant third party, for example a family member,
can ask the police to check whether a current or ex-partner has a
violent or abusive past.
The “Right to Know” element enables the police to make a
disclosure on their own initiative if they receive information
about the violent or abusive behaviour of a person that may
impact on the safety of that person’s current or ex-partner.
The Home Office will consult on key changes being introduced into
the guidance to ensure that the scheme is being implemented as
efficiently and effectively as possible across all forces in
order to provide better support and faster protection for
victims, ahead of placing the guidance in statute as set out in
the Domestic Abuse Act 2021. This will help ensure a uniform and
consistent implementation of the scheme by the police.
Early prevention of abuse is an integral part of the government’s
commitment to tackling abuse and violence against women and
girls, as set out in the recent Tackling Domestic Abuse
Plan.