Clare’s Law and Sarah’s Law | What are they?

Clare’s Law and Sarah’s Law are two legislative measures designed to safeguard individuals from harm, particularly concerning domestic abuse and child protection. However, they serve distinct purposes within their respective jurisdictions.

Clare’s Law

Worried that your current or former partner has a history of violence?

Whether you are in a heterosexual or a same-sex relationship, if you have concerns about your current or former partner having a history of violence, or have concerns on behalf of someone else i.e. a relative, friend or neighbour, then there is a significant piece of legislation in place which enables individuals protection from domestic violence. Clare’s Law, officially known as the Domestic Violence Disclosure Scheme, gives you the right to make an application to the police requesting information about your current or former partner or on behalf of someone else.

This law is named after Clare Wood, who was tragically murdered in 2009 by her abusive ex-boyfriend who had a documented history of abusing his former partners. This information was unfortunately not available to Clare due to a loophole in the Data Protection Act, which allowed domestic offenders to keep their prior criminal records confidential. Greater Manchester Police were aware of his violent history, including that he had served three prison sentences before his relationship with Clare: including six months for failure to comply with a restraining order, two years for harassment and six years for holding a woman at knifepoint for 12 hours.

Following this tragic event, Clare’s father tirelessly campaigned for a change in the law as he believed Clare would not have lost her life had this information been available to her.

Clare’s Law was passed in England and Wales in 2014 under the official title of Domestic Violence Disclosure Scheme. This was subsequently rolled out in Scotland and Northern Ireland, and since similar versions have been trialled in Canada and Australia.

Any member of the public, under Clare’s Law, has the “Right to Ask” and the “Right to Know”.

• The Right to Ask allows a member of the public to make a Domestic Violence Disclosure Scheme (DVDS) application to the police to enquire about a current partner or a former partner. The police will the disclose to you the information that they hold. If you make an application on behalf of someone else who you believe may be at risk, the police may feel it is more appropriate to share any information with that person directly.
• The Right to Know is that if police checks show that your current partner or former partner has a history of abusive behaviour, they will share that information with you because they believe you may be at future risk.

Once the police have provided the disclosure to you, it is extremely important that you carefully consider the options available to you and the status of your relationship. A tailored safety plan should be provided with each disclosure unique to you and your situation.

Domestic Abuse is an umbrella term which includes any pattern of abusive, coercive and controlling behaviour and which also includes physical abuse, emotional abuse, psychological abuse, sexual abuse and economic abuse.

If you are a victim of domestic abuse or know of someone who is and is in immediate danger then please call:

• Police - 999
• National Domestic Abuse Helpline (24/7 support) - 0808 2000 247
• The Men’s Advice Line - 0808 801 0327
• Women’s Aid - 01733 894964
• The Mix (for under 25’s) - 0808 808 4994
• National LGBT & Domestic Abuse Helpline - 0800 999 5428
• Samaritans (24/7 service) - 116 123

Sarah’s Law

Keeping children safe

Following the tragic abduction and murder of eight year old Sarah Payne in 2000 by a convicted sex offender, the Child Sex Offender Disclosure Scheme, also known as Sarah’s Law, came into effect on 4 April 2011. This allows people in England and Wales to ask police to reveal whether someone who has access to a child has been convicted or suspected of child abuse, helping to keep children safe from harm and from known sex offenders.

Sadly, most child sex offenders are known to their victims, and they are often a member of the family, a friend of the victim or a friend of the victim’s family. Therefore, the application can be made by parents, carers and guardians to the police for them to let them know if someone has a criminal record for child sex offences. This enables them to better safeguard their child safety and welfare by knowing who they are around. However, the police will normally disclose the details to the parents or the guardians of the child.

An online application can be made by completing the Child Sex Offenders Disclosure Scheme Application Form. Alternatively, you can visit a police station to make the necessary application or contact 101 to make the request.

The person in question will not be told that they are being checked out unless a disclosure takes place. Police officers will look into the background of the individual and reveal details confidentially if they think it is in the child’s best interest. If a disclosure does take place, then the subject may be informed that someone is going to receive a disclosure about them. If you are provided with any information about the person in question, that information must be kept confidential.

If you believe that a child’s safety is at risk or that the situation is unsuitable due to the concerns mentioned earlier, or if there is any potential for violence, abusive, or inappropriate behaviour during interactions with their other parent, a friend, or a family acquaintance, it may be necessary to seek legal assistance when determining arrangements.

If you think that a child is in immediate danger, then please contact the Police on 999 or contact the NSPCC or social services.

How can Hegarty help?

Our team of experienced and friendly lawyers are here to advise and support you through any family law issue. If you need guidance on non-molestation orders or other preventative orders, or with making child arrangements, then our team can help.

Contact us today for legal advice you can rely on.