No, they will not be told that they are being checked out unless the police need to give someone information to keep someone safe– a disclosure. If a disclosure does take place the subject may be informed that someone is going to receive a disclosure about them.
Clare's Law is for anyone who wants to find out if someone they are in a relationship with has a record of abusive offences, or suggest a risk of violence or abuse.
What is Clare’s Law?
Clare’s Law, or the Domestic Violence Disclosure Scheme (DVDS), means that anyone can ask the police about a partner. Briefly, it is a scheme which allows you to request information from the police if you believe your partner may be a danger towards you. Also, a member of the public can ask about the partner of a close friend or family member.
If the police decide to share the information it will usually be with the person at risk. This is unless someone else is better placed to use the information to protect the person at risk from abuse (e.g. if the person at risk is a young person or a vulnerable adult).
How do I put in an application?
A request under Clare’s Law, also known as a Clare’s Law application may be completed both online and over the phone.
Alternatively, you may visit a police station. The most commonly used method is completing the online application form. These forms are vastly available on the websites of each police force. The application form itself is very simple and straight forward.
What happens when an application is put in?
You are required to disclose your personal information including your name, date of birth, address and contact number. The police will ask you what the safest way to contact you is as they can appreciate that most people would like to keep this confidential.
Once the initial application is submitted, the police will complete their initial checks before contacting you to arrange a face to face meeting. The aim of this meeting is to gather some further information about the nature of your relationship and ensure that the application is genuine and not malicious. You would then also be asked to provide your identification.
Upon conclusion of this meeting, the police will meet with other agencies in order to discuss the information which you have provided. If the agencies find traces of abusive behaviour or feel that there is a risk of violence, they will consider disclosing this information. These checks will take around 35 days.
If the police deem it necessary to disclose their findings, they will do so in person.
Prior to any information being disclosed, you will be asked to sign a document agreeing that the information which is provided to you will not be used for any other purpose nor will be passed on further.
This process does follow strict confidentiality.
Information is disclosed in person so the officers can assess whether or not you are at any immediate risk.
Frequently Asked Questions
Will the subject know they are being checked out, and who asked for the check?
Can I speak to anyone about the disclosure that I receive?
If disclosure occurs then it should be treated as confidential and this information should not be shared with anyone. The police can prevent you if they believe you may discuss this information with someone else.
The individual should be aware that under the Data Protection Act 2018 (c.12), it is an offence to, ‘knowingly or recklessly obtain or disclose personal data without the consent of the data controller’, i.e. the police.
Can I get information of a partner/spouse of someone I know?
Yes, an individual can make a third-party request if they are concerned about someone who may be at risk of domestic abuse.
Anyone such as, a parent, neighbour or friend can make this application if they believe someone may be at risk of abuse.
However, the potential victim may be the one to receive the information as this is more appropriate.
You can find out more about Clare’s Law by visiting the government website: Clare's law to become a national scheme - GOV.UK
Can you help me make an application?
Yes, our Independent Advocates can support in making a Clare’s Law application. If you would like to speak to our advocate, contact us via talkto@hersana.org.
Let’s stay in touch. Sign up for our newsletter…
Send us your email address to receive all of our latest news & updates.