The Domestic Violence Disclosure Scheme, also known as Clare's Law, gives members of the public the right to ask the police for information about a partner who they believe to have a violent past. You can also apply on behalf of a friend or relative about their partner.

As well as this "right to ask", there's a "right to know" any relevant information that the police have on record.

Clare's Law is distinct from the process of reporting domestic abuse to the police. It's specifically to do with the disclosure of information about a person's violent past, with the intention of helping their partner to make an informed choice about the relationship.

What are its origins?

In 2009, Clare Wood was murdered by her ex-boyfriend George Appleton in Salford, England. Appleton had a history of violence and abuse against women, which the Greater Manchester Police were aware of.

Wood's family believed that she would never have entered into the relationship had she been aware of his violent past. This led her father, Michael Brown, to lead a campaign for "Clare's Law" to be introduced. He said his daughter's life could have been saved if she had been able to access information about Appleton's criminal record.

The Domestic Violence Disclosure Scheme was rolled out in England and Wales on International Women's Day (8 March) 2014 after being piloted.

In principle, the scheme enables members of the public to make better-informed decisions about whether to stay in relationships – and police forces have suggested that they will offer help and support when making that choice.

How does it work?

If you suspect that your partner, or the partner of a friend or relative, has an abusive past, you can fill in an online form or visit your local police station to request more information.

If the person you want to know about lives outside your local area, you need to contact the police force where they live. Using the wrong form can delay the disclosure process.

Once the form has been received and the initial enquiries carried out, the police could ask you to meet face to face. In this situation, you could be required to take ID.

Next, the police check the person in question's criminal records. This can take up to 28 days. If abusive or violent offences are unearthed, or if they feel there's a risk of recidivism, the police will decide whether or not to share it with you.

Typically, the information is disclosed to the person who may be at risk – but in some cases, it can be shared with a person who's deemed to be in the best position to protect that person.

What are your rights?

Clare's Law gives you the right to ask the police for information about your current or ex-partner because you're worried that they were abusive in the past and suspect that they may harm you in the future.

This "right to ask" also applies if you want to get information from the police about the criminal record of a current or ex-partner of a friend, neighbour or family member for the same reasons.

The right to ask applies to both heterosexual and same-sex relationships and regardless of gender, ethnicity, race, religion or any other protected characteristics.

As well as the right to ask, Clare's Law gives you the "right to know". If police checks reveal a history of violence or abusive behaviour and believe that you could be at risk, they will decide whether or not to share it with you.

How successful is Clare's Law?

Evidence is patchy as to whether Clare's Law reduces the rate of homicide in intimate relationships, or whether a disclosure will prompt the person concerned to seek help.

Domestic violence charity Refuge criticised the scheme, saying that it skirts around the root issue:

"Most perpetrators of domestic violence are never known to police, social care or the other agencies – so usually if a woman asks the police the likeliest thing, even if he is a perpetrator, is they are not going to know anything."

An adjacent critique is that Clare's Law "deputises" women to remove themselves from abusive relationships.

The success of the scheme also hinges on police conduct. It only works if the police fairly assess the risk of future violence or abuse – and a report on Wood's case by the Independent Police Complaints Commission found "a shocking lack of understanding about the nature of domestic violence" among police officers on her case.

Police forces tell a different story. Greater Manchester Police, for instance, says that between January 2017 and January 2018, "over 500 people have potentially been saved from suffering domestic abuse". In the words of Detective Superintendent Denise Worth:

"This simple yet important application puts control in your hands and allows you to think about your decisions and make a choice suitable for you.

"We know that more needs to be done to ensure that victims, their friends and family are aware of the steps to take in order to protect themselves from the potentially devastating consequences that come as a result of domestic abuse. By providing victims with the power to regain control of their lives we only hope that more can then go on to have a safe and happy future."

Where does Clare's Law apply?

Clare's Law was implemented in England and Wales in 2014. A version of it was implemented in Scotland in 2016 and Northern Ireland in 2018. Other forms have been adopted or proposed in parts of Australia and Canada.

What are the legal precedents?

Parallels have been drawn between Clare's Law and sex offender registries, which allow members of the public to be informed if a sex offender lives in their area. The main difference is that sex offender registries are focused on the community whereas the Domestic Violence Disclosure Scheme is focused on individuals.

Are you looking for legal representation in the North Yorkshire area? At Milners, we have teams of expert family solicitors in Leeds, Harrogate and Pontefract. Our approach is to provide jargon-free, non-judgemental advice – and to remain by your side and on your side throughout. To learn more, get in touch.