What is Clare's Law and why is it important?

Written by SATEDA Volunteer

Clare’s Law (formally known as the Domestic Violence Disclosure Scheme (DVDS)), is a vital legal tool designed to protect individuals from domestic violence by allowing them to access their partner’s history of abusive or violent behaviour.

It offers individuals the ‘right to ask’ and the ‘right to know’, meaning if you are aged 16 or older, you can inquire about a current or former partner’s criminal history with the police.

Clare’s Law empowers police to disclose confidential information if they believe there’s a risk to your safety. The disclosures must be ‘lawful, ‘proportionate’ and ‘necessary’ based on the circumstances.

You can also request information on behalf of a relative to close friend if you’re concerned about their safety. However, depending on your relationship, police may decide to share information with the individual at risk directly.

Clare’s Law is named after Clare Wood, who was tragically murdered by her ex-boyfriend in 2009. The two met on Facebook and later began a 6-month relationship, during which Clare was unaware of his violent criminal history. Clare ended the relationship but was subject to constant threats, harassment and abuse. Despite Clare contacting the police and receiving a restraining order, she was killed by her ex-partner.

Previously, legal loopholes in data protection laws allowed offenders to keep their violent histories confidential, putting many individuals like Clare in danger. However, The Domestic Abuse Bill, formed in 2021, provided Clare’s Law with statutory recognition, meaning individuals now have a legal right to inquire if their partner has a criminal record.

What impact has Clare’s Law had since?

Since its introduction, Clare’s law has provided many women with validation and the ability to ask the police for information about their partner when something feels wrong.

Melissa Stockdale, a survivor of domestic abuse, shared with the BBC that by using the DVDS, she was offered an independent domestic violence advisor who helped create a safety plan to leave her abusive partner. She later received legal protection from her partner, who was jailed. She stated that receiving the disclosure gave her “courage” to “get out of the situation”.

However, a study at Durham University (2023) suggested that “Clare’s law places too much responsibility on the victim-survivor to act on the information received” and “reduces the responsibility of state professionals should the woman fail to act on the information given”. This can unintentionally fuel victim-blaming and make women feel responsible if they stay in the relationship despite the warning.

The study further argues that without sufficient support services, financial resources, and alternative housing options, sharing confidential information may increase a woman’s concerns without offering a viable way out, often resulting in her staying in the relationship. This puts her at greater risk and can lead to ‘responsibilization’—a harmful narrative suggesting that by staying, she is allowing the abuse to continue and is therefore responsible for it (Hadjimatheou, 2021).

Expecting victims to act immediately upon disclosure can be dangerous, as abusive partners may manipulate or blame them into staying. For this reason, disclosures must be handled carefully, with attention to the victim’s emotional readiness, and a range of support options must be made available to ensure safety and avoid escalation.

Additionally, Clare’s Law does not consider perpetrators who have no criminal record but have a history of abusive behaviour. Many critics argue the law is inconsistent, with lengthy waiting times and a significant number of denied applications. According to figures from the National Police Chiefs’ Council, over 56% of criminal history requests were rejected under Clare’s Law between October 2021 and March 2022.

Looking forward

Ten years after the introduction of Clare’s Law, there is still much more that can be done to improve its effectiveness. Domestic abuse services must be sufficiently funded, and further investments must be made to ensure women’s safety.

While Clare’s Law can be a powerful tool when used carefully, providing individuals with a choice, its implementation must be precise and supported by other policies that address the root causes of abuse. Only then can we ensure that the highest possible success rate is achieved in protecting those most at risk.