Clare’s Law or Domestic Violence Disclosure Scheme (DVDS)
What is Clare’s Law or DVDS?
Clare’s Law, also known as the Domestic Violence Disclosure Scheme (DVDS) is a Police Policy allowing individuals the right to know if their current or former partner has convictions for violence or abuse.
The policy is named after Clare Wood, who was murdered by her former boyfriend in 2009. The policy was formerly rolled out in 2014 after her father’s campaign to bring it in as law.
You can make a DVDS application if you believe you are personally at risk of abuse or are concerned on behalf of a close friend or relative. This process can take 35 days with the Police, whereas if you use a Private Investigator it takes 24 hours. I’ll cover this in more detail later.
Under Clare’s Law you have two rights: to ask and to know.
The right to ask
This means that you can make a DVDS application to ask about a current or former partner that you think may have previous convictions of abusive behaviour or violence. Any information that the police share with you about a partner is called disclosure.
The right to know
This means that if Police checks show that a current or former partner has a history of abusive behaviour, then they may proactively share that information with you because they believe you are at future risk.
Legitimate Interest Assessment
Clare’s Law disclosures have to be considered lawful, proportionate and necessary, similar to when we as investigator stake on an instruction. We have to pass a Legitimate Interest Assessment or LIA.
Is it justified, is it appropriate, is it proportionate, is it accountable and is it necessary? This means that the Police must first decide whether it is appropriate to disclose the confidential records as part of a DVDS application. If there is enough to suggest that there is a risk, then the Police will make a decision on what information to disclose.
If the application is applied for on behalf of an individual, then the Police will disclose any information directly to the person at risk and this is generally done in person.
In the circumstances that an application is submitted, and the person is not known to the police, or if Police checks suggest that there isn’t a threat to the person’s safety, then the Police will relay this information.
What types of abuse can be included?
Abuse isn’t only limited to physical abuse. It can also include harassment, verbal abuse, stalking, psychological threats or manipulation, sexual assault and violent behaviour. Anyone can experience domestic abuse regardless of age, race, ethnic or religious backgrounds, sexuality, class or disability.
Are there issues with Clare’s Law?
The issue is that a submission under Clare’s Law can take up to 35 days. Yes, you read that right. A whole five weeks. If you have an urgent enquiry, then it may be beneficial for you to instruct Titan to perform a background check. These are bespoke to what you require and can include a person’s criminal history going back 10 years. Obviously, as with the Clare’s Law application, we will need to ensure the need for the disclosure is justified, appropriate, proportionate, accountable and necessary. All we will require is the individual’s name, date of birth and ideally their home address, although the address isn’t essential if it is not known. The background check takes no more than 24 hours and costs £600 inclusive of VAT.
More information – Background Checks
New partner background checks, who do I call?
For further advice and information in regard to background checks or Clare’s Law applications, please feel free to speak to us for further advice and in complete confidence.
London Background Checks – Call the Titan Investigations London Office 020 39046622
Birmingham Background Checks – Call the Titan Investigations Birmingham Office 0121 7162442
Cambridge Background Checks – Call the Titan Investigations Cambridge Office 01223 662022
Derby Background Checks – Call the Titan Investigations Derby (Head Office) 01332 504256
Leeds Background Checks – Call the Titan Investigations Leeds Office 0113 4574066
Leicester Background Checks – Call the Titan Investigations Leicester Office 0116 2436520
Nottingham Background Checks – Call the Titan Investigations Nottingham Office 0115 9646950
Manchester Background Checks – Call the Titan Investigations Office 0161 3023008
Sheffield Corporate Investigators – Call the Titan Investigations Sheffield Office 0114 3499400
Alternatively, you can contact us directly using our fully confidential contact form at enquiries@titaninvestigations.co.uk or chat directly using our Live Chat facility and one of our private investigations team will get right back to you.
