Quarters of background check requests from abusive partners do not receive a timely response Once the initial application is submitted, the police will conduct their initial checks before contacting you to arrange an in-person meeting. “The data shows unacceptable delays in police disclosing information about a partner`s history of domestic violence or violence,” said Sophie Francis-Cansfield, campaigns and policy manager at Women`s Aid. “We support the legal directive on which the Clare Act is based to provide a legal basis for the Domestic Violence Act. This means that police must adhere to the guidelines, which should improve consistency across forces, including the time required for response. The police will carry out initial checks and an initial risk assessment based on the information you provide. The purpose of these initial audits is to determine if there are any immediate concerns. “Timely information is very important for people to decide what actions they want to take. Not only can a delay lead to an escalation of risk, but it can also make it harder for people to end a precarious relationship if they want to. When you contact the police, a police officer or member of the police force will record details of what triggered your request and the nature of your relationship with your partner. Campaigners have reacted with concern to these figures, as prompt background checks on a partner suspected of past abuse can prove crucial for people locked in their homes during lockdown. The personal data of the applicant, the disclosing person and any relevant third parties collected via the “Loi de Clare” application will be checked against law enforcement databases and used for the following purposes: After the request for disclosure, intelligence checks are carried out by the police.

Then, when it is decided that the disclosure should take place, a face-to-face meeting is arranged between the police and the person who requested the disclosure. You can expect the police to check whether relevant information exists and, if so, to check whether this information will be disclosed to protect a potential victim. However, if the person requesting disclosure has an independent domestic violence attorney (IDVA), they can bring them to the meeting with them. The police will review the person`s conviction records – if the records reveal a history of violence or violent crime (or suggest a risk), the police will decide whether or not to share the information with you. It took police more than a month to release information about the criminal past of accused in nearly a quarter of the background check applications approved last year, according to an analysis by Observer. “If you get the disclosure, they`ll tell you if they`ve been convicted or warned, but if they`ve never been arrested for domestic violence, a partner may think they don`t have an abusive past, but that doesn`t mean they haven`t done anything — it could mean they just haven`t been caught or reported for it. Once an application has been submitted, we carry out a series of checks in collaboration with other partner agencies. If we find a record of abusive crimes, or if we believe there is a risk of abuse or violence, we will consider sharing that information.

These reviews will indicate immediate actions that may need to be taken, meaning there will be no disclosure at this time. A spokesman for Leicestershire Police said the increase in applications last year, as well as lockdown restrictions, had contributed to the delays, adding that its force would continue to do everything possible to support victims of domestic violence. During the application process, police must check law enforcement databases for the following: It takes approximately 4 weeks to obtain information on disclosure. Refuge has spoken out against Clare`s Law on several occasions, suggesting that it does not address the underlying issues associated with intimate partner violence. [1] [51] “I always say to women, `Clare`s Law is great, but it has drawbacks.` The policy structure was first implemented in England and Wales in 2014 and has since been adopted or proposed in various forms elsewhere in the UK, Australia and Canada. Despite its name, Clare`s Law doesn`t have to take the form of a law – and it often doesn`t. Rather, it can be implemented in the form of a policy document or a guide issued by a government agency for police services. [a] You must also provide your name, address and date of birth.

At a later date, you will need to prove your identity. “This is a very valuable law that more people should use. The Clare Act was passed in England and Wales on International Women`s Day (8 March) 2014 following a public consultation launched in late 2011[35] and a pilot programme in some areas. [1] [18] [36] [37] [38] [39] As implemented in the English context, it is not a statute. This system saves lives, but so few people know what it is or how to use it. Carline and Dehaghani note that by effectively representing women to move away from abusive relationships, Clare`s Law can “blame” women for dealing with violence and, therefore, divert attention and resources from government-funded support mechanisms. [50] If you wish to apply under Clare`s Law, you can do so by completing our online form.