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Domestic Abuse: The Right to Know Legislation

Domestic Abuse: The Right to Know Legislation

A pilot scheme is to be trialled after its initial consultation to allow individuals to find out whether or not their partner has a history of domestic violence. The Domestic Violence Disclosure Scheme, also known as Clare’s law, will run for a 12-month trial period, during which it will be adopted by four major police forces in Greater Manchester, Gwent, Nottinghamshire and Wiltshire. Clare’s law is to be introduced to protect those who may be in a position where they may suffer from domestic violence whilst using safeguards to reflect Art 8 of the Human Rights Act, The Rehabilitation of Offenders Act 1974 and The Data Protection Act 1998. The scheme will hopefully empower people to make fully informed decisions on the future of their relationship with regard to their own safety as well as close family members, especially children.

The scheme was petitioned after the murder of Clare Wood by her a boyfriend she had met on facebook. Her father, Michael Brown, subsequently spearheaded the campaign to allow individuals to ask police about a partner’s history. This quickly gained the backing of the home secretary Theresa May and a year later trials begin.

Under existing legislation the police forces in England and Wales may only notify people of what may be potential violent partners in certain circumstances. Under the “Right to Know” scheme applications could be made from not only family members and friends, but also neighbours on behalf of someone if they have a fear they may be at risk. This fear must be reasonable, and the relationship must also be intimate, which may lead to a grey area in the applications. Some believe that this scheme may lead to people being able to obtain information in order to spy or snoop on their family, friends or neighbours, but accordingly proper safeguards will filter out false claims.

Some commentators have suggested that the role of the police in the scheme is vital. Their cooperation will tip the balance in not only making the information available to concerned applicants but also gaining trust from victims. If the police refuse to give out information when it is honestly needed or gives it out in false claims, there may be a loss of trust in the scheme by the public.

A key issue with the scheme is whether it will just be another bureaucratic layer that only adds to administrative procedures within the police force. Some critics, including Refuge, feel that specialist training for officers will allow them to act more appropriately with victims of domestic abuse. Domestic abuse accounted for 115 murders in 2010; 94 women and 21 men were murdered by either current or previous spouses, boyfriends or girlfriends. This scheme is another step closer to reducing the numbers of domestic abuse cases annually by preventing them from ever happening in the first instance.