Clare’s Law is officially known as the Domestic Violence Disclosure Scheme and recently released figures show that the scheme has been used more than 1,300 times in less than a year.
If someone thinks their partner might have a history of domestic violence they can request information from the police or other agencies such as their local social work department. Other people, like their friends or relatives, can also ask for information if they are concerned. The authorities then have to decide whether to release the information about their partner’s past. They can only disclose information if it is "necessary, lawful and proportionate" to protect someone from their partner.
The scheme was named after Clare Wood, who was murdered by her ex-boyfriend in 2009. He had a long history of domestic violence but she was unaware of it.
At the end of last year a similar pilot scheme, The Disclosure Scheme for Domestic Abuse Scotland, was launched in two areas of Scotland, Ayrshire and Aberdeen, where it will run for six months. If it is successful then it could be extended across the whole country.
This sort of scheme may well have its limitations – not all abusers will have a recorded history of domestic violence. Could negative results lead to a false sense of security? If there is a disclosure how will people be supported? Levels of support available may vary from area to area. However, if these schemes prevent just one person from becoming a victim of domestic violence then they will have been a success.
Meantime, while the pilot is running here, there are various measures that we are able to take on your behalf if you have suffered physical abuse or threatening behaviour from your spouse, partner or ex-partner. The Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Protection from Abuse (Scotland) Act 2001 give the courts wide-ranging powers to make a number of different orders to protect anyone who is at risk. These include interdicts, orders giving the police the power to arrest an abuser and exclusion orders which bar the abuser from entering the family home.
If you, or someone you know, has been affected by domestic abuse or violence we can offer immediate help and ensure that you and your family are protected.
If you would like any more information about this, please contact a member of our Family Law team.
