CLARE'S LAW & SUPPORT SERVICES

---

Claire's Law: A Key Legislative Tool for Protecting Individuals from Domestic Abuse in England and Wales

Claire’s Law, formally known as the Domestic Violence Disclosure Scheme (DVDS), was introduced in England and Wales in 2014 to help safeguard individuals from domestic abuse. The law allows people to inquire about the history of their partner’s abusive behavior, specifically whether they have any history of violent or abusive relationships. The law was named after Claire Wood, a woman who tragically lost her life due to domestic violence. Her story, and the events leading up to her death, highlight the significant gap in domestic violence protection that Claire's Law sought to address.

The Origin of Claire’s Law

Claire Wood's tragic story is at the heart of the creation of the Domestic Violence Disclosure Scheme. In 2009, Claire, a 36-year-old woman from Salford, Greater Manchester, was killed by her partner, George Appleton. Before the fatal attack, Claire had no knowledge of Appleton's history of domestic violence and violent offenses. Appleton had a history of violence towards former partners and had even served prison time for assaulting women. Unfortunately, at the time of their relationship, these details were not available to Claire, who was unaware of the risk she was facing.

After her death, Claire’s family and friends campaigned for greater transparency about individuals' criminal backgrounds, particularly concerning violent behavior in relationships. The campaign gathered widespread public support, leading to the introduction of Claire's Law. It aimed to allow individuals to make informed decisions about their safety by providing access to information about the potential risks posed by their partners. This law would not only empower individuals but also contribute to preventing further deaths from domestic violence.

The Key Provisions of Claire’s Law

Claire's Law gives individuals the right to request information from the police about their partner's history regarding domestic violence or violent behavior. The scheme includes two distinct elements:

1. The "Right to Ask": This allows individuals to request information about whether their partner has a history of domestic violence or violent crimes. If a police check reveals any concerning information about the partner’s past, the individual is provided with details that may help them assess whether they are in a potentially dangerous relationship.

2. The "Right to Know": This provision allows the police to proactively inform a person if their partner is known to have a history of domestic violence. The police may exercise this right if they believe the individual is at risk of harm or in immediate danger, and the disclosure could help protect them.

These provisions are designed to ensure that victims or potential victims of domestic violence can make informed decisions about their relationships, ensuring they have access to critical information about potential risks.

Success Stories and Impact

Since the implementation of Claire's Law, there have been several instances where the law has undoubtedly helped prevent harm or saved lives by empowering people with information about their partners. Below are a few examples where the scheme has had a positive impact:

1. Potential Life-Saving Information:
In 2015, a woman in Greater Manchester, concerned about the behavior of her new partner, used the "Right to Ask" provision of Claire’s Law. The police investigation revealed that her partner had a history of domestic violence and had been involved in several violent incidents in previous relationships. The woman was able to take this information to safety, ending the relationship before it escalated.

2. Prevention of Further Abuse:
Another case in West Yorkshire involved a woman who had concerns about her partner's violent tendencies. She used the scheme to request information and learned that her partner had a history of abusive behavior, including threats and violence toward previous partners. The disclosure led to her seeking help and leaving the relationship, thereby preventing further abuse.

3. Empowerment of Individuals:
Across the UK, Claire’s Law has provided individuals who may have been unaware of their partner’s abusive past with the knowledge they need to make more informed decisions. The law has been particularly empowering for people in early stages of relationships or those who may have been in denial about potential risks.

Criticisms and Challenges

While the implementation of Claire's Law has been praised for its preventative potential, the law has faced some criticisms and challenges since its inception:

1. Underutilization of the Scheme:
Despite the law's potential, some experts argue that many people are still unaware of Claire’s Law and how it works. In the early years of the scheme, there was a low number of requests for information. This suggests that the law may not be reaching as many people as it could be, or that people may not feel confident about using the scheme.

2. Limited Scope:
Some critics have argued that Claire’s Law, while important, does not go far enough. It relies on the police being able to gather sufficient information about a person’s past violent behavior, which may not always be possible. In some cases, abusers may have no prior convictions or may not have been caught for previous abusive acts, meaning the law does not always offer the level of protection needed.

3. Confidentiality Concerns:
There are also concerns about the confidentiality of the process. In some cases, individuals may feel fearful of approaching the police due to concerns about their partner's reaction. If a disclosure is made, it could potentially escalate the danger if an abuser learns that their partner has sought information.

4. Resource Limitations:
Some police forces have faced challenges in dedicating the necessary resources to effectively implement Claire’s Law. With the demand for information and disclosure growing, there have been instances where investigations and checks were delayed due to staffing limitations or administrative bottlenecks.

Conclusion: The Legacy of Claire’s Law

Claire’s Law has played a critical role in raising awareness about domestic violence and empowering individuals to protect themselves. While there have been significant successes, particularly in terms of saving lives and preventing further abuse, the law is not without its limitations. More needs to be done to ensure that the public is aware of the scheme and that police forces are equipped with the resources necessary to carry it out effectively.

The story of Claire Wood continues to resonate as a reminder of the importance of transparency and communication in relationships, particularly when it comes to domestic abuse. Claire’s Law is a vital step in the fight against domestic violence, but it is clear that continued efforts are necessary to fully protect vulnerable individuals from the dangers of abusive relationships. Ultimately, Claire’s Law stands as a testament to the power of advocacy, perseverance, and the impact of public campaigning in effecting positive change.

If someone has concerns about their partner and wishes to use Claire’s Law to obtain information about their partner's potential history of domestic violence or violent behavior, the process is relatively straightforward. Here’s how they can use Claire’s Law to get the information they desire:

Claire's Law includes two main provisions: the "Right to Ask" and the "Right to Know". It's important to understand which one applies to the situation:

· Right to Ask: This provision allows you to proactively request information about your partner’s history. You can do this if you have concerns about the safety of your relationship, whether you're in a new relationship or have been together for a while.

· Right to Know: This provision is a bit different because it is used by the police if they believe you are at risk of harm. In these cases, the police will proactively disclose any relevant information about your partner’s violent or abusive history. However, this only happens if the police determine that you are at significant risk of harm.

The process for using Claire’s Law begins by contacting your local police force. You will need to get in touch with the police station or the relevant department handling domestic violence inquiries. Many forces have dedicated officers or domestic abuse teams who manage requests related to the Domestic Violence Disclosure Scheme (DVDS).

You can:

· Contact the police directly by visiting your local police station or calling them. Some areas might have a specific helpline for domestic violence-related inquiries.

· Online Request: Some police forces allow you to request a disclosure through their website or through online portals designed for domestic violence assistance.

You will be asked to provide certain details when making the request, including:

· Your full name and contact details.

· Your partner’s full name and, if possible, their date of birth or other identifying details to help the police check their history.

· The reasons why you are concerned about your partner. This might include details about your relationship and any behaviors that have raised your concerns.

It's important to be as detailed as possible in expressing your worries. For example, if your partner has exhibited controlling behaviors, threats of violence, or has shown aggressive tendencies, make sure to note these. The more information you provide, the easier it will be for the police to assess the situation.

Once you’ve submitted the application, the police will begin an investigation to check your partner’s background. The following steps will take place:

· Police Check: The police will carry out a background check on your partner, including any history of domestic violence or violent offenses. This may involve checking police databases and records from past incidents, even those not leading to criminal convictions.

· Assessment of Risk: The police will evaluate the information to assess if there is a real or potential risk of harm to you. If the police determine that there is a risk to your safety, they will disclose the information they have uncovered, providing you with information that can help you make an informed decision about your relationship.

· Decision and Disclosure: If there is concerning information about your partner's past or current behavior, the police may disclose this to you. The information you receive could include details of previous convictions for domestic violence or violent offenses against partners. This disclosure will give you insight into your partner’s history, allowing you to assess whether staying in the relationship is safe.

The time it takes for a disclosure to be made can vary depending on the complexity of the case and the local police force's resources. Typically, the process should take about 28 days from the application being made to the disclosure being provided. However, in cases where immediate risk is assessed, the police may expedite the process to protect the individual’s safety.

Once a disclosure has been made, it’s up to you how you proceed. Here are some steps you can take after learning about your partner’s history:

· Assess Your Safety: If the information suggests that your partner has a history of abusive behavior, it may be a sign to reconsider your relationship for your own safety. Seek support from domestic violence helplines or local shelters if necessary.

· Speak to Support Services: Domestic violence charities, such as Women’s Aid, Refuge, or national helplines, can provide support and guidance. They can help you make a safety plan, find legal support, and provide advice on leaving an abusive relationship if needed.

· Legal Protection: If the disclosure shows a history of serious abuse, you may want to explore legal options like getting an injunction or a restraining order to protect yourself.

It’s important to note that the process should be confidential, but there are inherent risks involved if an abuser finds out that their partner has requested information. The police are trained to manage sensitive disclosures, but you should be prepared for the possibility that your partner may react negatively if they find out about the request. If you fear for your safety, make sure to discuss this with the police officers involved in your case to ensure your protection.

In some cases, the police may determine that there is no cause for concern or that the partner’s history doesn’t pose a significant threat. If the police do not provide you with the information, it doesn’t mean that your concerns are invalid. You can always seek advice from domestic violence support services and consider other options for ensuring your safety, such as moving away from the relationship or taking legal measures.

If you have concerns about your partner’s history or behavior, Claire’s Law (the Domestic Violence Disclosure Scheme) can be a powerful tool for gaining crucial information and making an informed decision about your safety. While the process is relatively straightforward, it’s important to be aware of the risks and take the necessary steps to protect yourself. If you ever feel in immediate danger, don’t hesitate to contact the police or a domestic violence helpline. The law provides you with the opportunity to safeguard your future, and you don’t have to go through it alone.

Here is a list of UK-based support services, charities, and organisations that support women in abusive and violent relationships, including those that focus on LGBTQ+ individuals, with particular attention to services based in Wales:

1. Women's Aid Federation (Wales)
   
   • Website: www.welshwomensaid.org.uk
   • Provides support to women and children affected by domestic abuse, offering advice, refuge, and support services across Wales.
   • They have a range of services specifically for Welsh speakers as well.

1. Refuge
   
   • Website: www.refuge.org.uk
   • A UK-wide charity providing emergency accommodation, outreach support, and helpline services for women and children experiencing domestic violence.
   • Their 24/7 National Domestic Violence Helpline is available at 0808 2000 247.

1. National Domestic Violence Helpline (operated by Refuge and Women’s Aid)
   
   • Website: www.nationaldomesticviolencehelpline.org.uk
   • A confidential helpline providing support for women experiencing domestic violence. It provides safety advice and referrals to local services.

1. Men’s Advice Line (for male victims of domestic violence)
   
   • Website: www.mensadviceline.org.uk
   • Provides confidential advice and support to men who are experiencing domestic violence and abuse.

1. Domestic Violence and Abuse – Welsh Government
   
   • Website: gov.wales/domestic-violence-and-abuse
   • Government resources and information on how to report and deal with domestic violence, including specific services for Welsh residents.

1. Galop (LGBT+ Anti-Violence Charity)
   
   • Website: www.galop.org.uk
   • Provides support for LGBTQ+ individuals who are experiencing domestic abuse, sexual violence, hate crime, and other forms of violence. They offer a helpline, legal advice, and support services tailored to the LGBTQ+ community.
   • Helpline: 0800 999 5428

1. Broken Rainbow (LGBT Domestic Violence Support)
   
   • Website: www.broken-rainbow.org.uk
   • Focuses on providing support for LGBTQ+ people experiencing domestic abuse. They offer a helpline, peer support, and a network of safe housing options.

1. The LGBT Foundation
   
   • Website: www.lgbt.foundation
   • Provides support and resources for LGBTQ+ people, including advice and information on domestic abuse. They offer confidential support and outreach services.

1. Welsh Women’s Aid (WWA)
   
   • Website: www.welshwomensaid.org.uk
   • Provides domestic abuse services for women and children across Wales. It is an umbrella organization that supports a network of domestic abuse services within Wales. It provides helplines, advocacy, and support services, and focuses on raising awareness about gender-based violence in Wales.

1. Safer Wales
   
   • Website: www.saferwales.com
   • A charity based in Wales that works to reduce and prevent crime and support victims of domestic abuse, sexual violence, and hate crime. They provide support services such as the "Live Fear Free" helpline.

1. Live Fear Free (Wales Government Service)
   
   • Website: www.livefearfree.gov.wales
   • This is a Welsh Government service offering a 24/7 helpline for those affected by domestic abuse. It offers a range of support, including housing referrals and legal advice. Helpline: 0808 80 10 800.

1. The Women’s Centre (Wales)
   
   • Website: www.womenscentrewales.org.uk
   • Provides services such as advice, advocacy, and support to women in Wales, including those facing domestic violence, sexual violence, or trafficking.

1. Cymru Pride (Wales-based LGBTQ+ Support)
   
   • Website: www.cymrupride.org
   • Focuses on supporting LGBTQ+ individuals in Wales, offering advocacy and support for people in abusive relationships, with a focus on intersectionality.

1. BAWSO (Black and Asian Women’s Support Organisation)
   
   • Website: www.bawso.org.uk
   • Provides domestic abuse support services to Black and Asian women, refugees, and migrants. They offer a range of services including emergency accommodation, advice, and outreach in Wales.

1. New Link Wales
   
   • Website: www.newlinkwales.org.uk
   • Provides services for women in the Welsh refugee and migrant community, offering support for those facing domestic violence or abuse.

1. The National Domestic Violence Helpline (24/7)
   
   • Website: www.nationaldomesticviolencehelpline.org.uk
   • For women experiencing domestic abuse in the UK, this helpline offers free and confidential support. They can offer practical advice and guide victims to local services.
   • Helpline: 0808 2000 247

1. The Freephone Live Fear Free Helpline (for Wales)
   
   • Website: www.livefearfree.gov.wales
   • This helpline provides support for anyone in Wales who is experiencing domestic violence, sexual violence, or other forms of abuse. They also offer services in Welsh.
   • Helpline: 0808 80 10 800

• Respect (Domestic Violence Prevention)
  
  • Website: www.respectphoneline.org.uk
  • Provides support to men and women who are concerned about their behavior in relationships or those who have been abusive. They offer advice on how to stop violent or controlling behavior.
• The Survivors Trust
  
  • Website: www.thesurvivorstrust.org
  • Offers support to survivors of sexual violence, including men, women, and LGBTQ+ individuals. They have a network of independent organizations providing support across the UK.

These organizations offer a wide range of services, including helplines, counseling, legal advice, and safe housing options. Whether you're seeking help for yourself or for someone else, they are resources to provide safety and support. If you're interested in a specific service or need more details, feel free to ask - WE ARE HERE TO HELP.