Clare’s Law Explained: How to Find Out if a Partner Has a History of Violence

What is Clare’s Law?

The Domestic Violence Disclosure Scheme, also known as Clare’s Law, allows individuals to find out from the police if their current or former partner has a history of abusive or violent behaviour.

The initiative was introduced in England and Wales in 2014 following a campaign led by Michael Brown, father of Clare Wood, who advocated for a police disclosure scheme that would allow individuals to check whether their current or former partner has a violent history. The disclosure of such information helps individuals make informed decisions to keep them safe.

Clare’s Law is not limited to physical abuse; it also includes harassment, verbal abuse, stalking, psychological threats or manipulation, sexual assault, and violent behaviour.

Following the enactment of the Domestic Abuse Act 2021, Clare’s Law has been given statutory footing which ensures individuals now have a legal right to request disclosure from the police regarding the offending history of their current or former partner.

Michael Brown’s Initiative 

Michael’s daughter, Clare, was sadly murdered by her former partner who had a history of violent and abusive behaviour, particularly towards women. In 2009, an inquest into Clare’s death revealed her former partner’s offending history was not something she was informed of, despite Clare informing the police of the abuse and coercion she was suffering.

Following Clare’s death, Michael campaigned for the right to know about a current or former partner’s violent past. After years of campaigning, Clare’s Law was introduced, giving individuals the ‘right to ask’ and the ‘right to know’ about a current or former partner’s offending history.

Making an Application

Under Clare's Law you can apply for information about:

• A current or former partner that you still have contact with because you're worried they may have a history of abuse, and are a risk to you; or
• A current or former partner of a friend or relative that they still have contact with because you're worried they might be at risk.

An application can be made online with your local police force or via the national Police. UK Clare’s Law Request Form. You can also make a request in person at your local police station or by calling 101, the police’s non-emergency line.

You will need to provide information about yourself and your current or former partner. Additionally, you may be asked to share details of any incidents or behaviours that have caused concern.

The police will review your request and will determine whether disclosure is appropriate. If they decide to disclose information to you, it will usually be provided during a private meeting. Any information the police give you is confidential. 

It should take 28 days to receive a response from the police.

Recent Statistics and Trends

Awareness and use of Clare’s Law are steadily increasing. According to official figures:

In the year ending March 2020, there were 8,591 ‘right to know’ applications in England and Wales, with 4,479 (52%) resulting in disclosure.

In the same period, there were 11,556 ‘right to ask’ applications, with 4,236 (37%) resulting in disclosure.

Applications continue to rise, showing greater awareness of the scheme.

A ‘no disclosure’ outcome does not mean an unsuccessful application, it may simply indicate that there are no relevant records to disclose about the individual in question.

How We Can Help

Receiving disclosure through the Domestic Violence Disclosure Scheme can be difficult to hear but there are important steps you can take to protect yourself. First, prioritise your safety. You may wish to consider changing your online passwords, securing your home, or taking steps to identify trusted friends or family who can provide support. 

While Clare’s Law provides a valuable tool for those at risk, some research, such as a recent article from Durham University, highlights concerns about the onus being placed on victim-survivors to seek out information and protection. This underscores the importance of accessible support and legal remedies for those affected.

At Irwin Mitchell, we can support you with practical and legal advice, including advising on protective injunctions such as Non-Molestation or Occupation Orders. A non-molestation order can prevent an individual from contacting you directly or indirectly, while an occupation order can exclude an individual from the family home in certain circumstances.

Our team of expert lawyers can also help you understand your rights around housing, finances, and children. 

The following resources may also be useful:

• National Centre for Domestic Violence offers assistance obtaining emergency injunctions. Tel: 0800 970 2070 / Text: NCDV to 60777 / Website https://www.ncdv.org.uk/.
• Refuge’s free 24-hour domestic abuse helpline. Tel:0808 2000 247.
• The Survivor's Handbook from the charity Women's Aid is free and provides information for women on a wide range of issues.
• The Men’s Advice Line run by Respect is a confidential helpline specifically for male victims. Tel: 0808 801 0327 / Email info@mensadviceline.org.uk.
• Galop provides a 24-hour helpline for LGBT+ victims and survivors of abuse and violence. Tel: 0800 999 5428
• If you are a victim of domestic abuse, you may be eligible for Legal Aid.

The above information is not to be used in an emergency. Please always remember that if there is an immediate risk to your safety, or are in an emergency situation, you should call the police. If you are too frightened to make any sound when reporting an emergency, your call will be put through to an automated system where you will be asked to press ‘55’ if you are in danger.