Domestic Violence Disclosure Scheme

Clare’s Law

Domestic Violence Disclosure Scheme

•Overview of Scheme

•How & Why introduced

•Legal Gateways

•WMP process

Clare’s Law•Michael Brown

•Key 103 Radio

Legal Gateways & Entry Routes

•Right to Ask

•Right to Know

Right to ask

Right to know

Process

Comm

entar

yProcess

Comm

entar

y

Request for information about a persons domestic abuse offending history received from either the partner (known as A) who is in an intimate relationship with B or a third party (known as C) who has some form of contact

with A

OASIS Log to be created and DA Non-crime number to be obtained (1st words in MO to include Domestic

Violence Disclosure Scheme (DVDS) Clare’s Law). The non crime number should be transferred to the Domestic

Abuse Protection Team docutrak inbox for the LPU in which the victim resides

Each application will be referred to MARAC where a disclosure decision will be made. Consideration will be given as to whether the disclosure is lawful, necessary

and proportionate. In preparation for MARAC intelligence checks (minimum PNC, PND, VISOR &

force intelligence systems) a face to face meeting with the applicant and full risk assessment must be

completed (see following slide for further details on right to ask assessment process)

Right to know enables police to tell A about B's previous history of domestic violence or violent acts. This is

triggered when the police receive indirect information or intelligence (including a criminal investigation) which

may impact on the safety of A

Each application will be referred to MARAC where a disclosure decision will be made. Consideration will be given as to whether the disclosure is lawful, necessary

and proportionate. In preparation for MARAC intelligence checks (minimum PNC, PND, VISOR &

force intelligence systems) and a full risk assessment must be completed

The direct application can be made by attending a police station, asking an officer/PCSO on the street, telephone

call to police or email request

Officer/call taker must complete the initial contact form available on the PPU website under DA useful

documents - information must include A/C Name, address, DOB, gender A/C, preferred safe method of contact, B's behaviour leading to the application, B's

Name, DOB, Address, gender, details of person at risk if not the applicant, details of all children. Initial

intelligence checks must be completed to ascertain there is an immediate risk.

If a crime is also reported the Disclosure process will run alongside any investigation that is on-going

If immediate action is required to safeguard the person at risk this should not wait until the Protection Team have

conducted their review. Liaise immediately with duty Inspector to review ‘right to know’ request and co-ordinate

appropriate disclosure. This decision will be based on the information provided for the application and intelligence checks in relation to the parties involved (include: PND/

PNC/Visor/Flints/Corvus). Disclosure may only be made at this stage if a clear risk is identified and it is necessary to

avert the risk

If immediate action is required to safeguard the person at risk this should not wait until the Protection Team have

conducted their review. Liaise immediately with duty Inspector to review ‘right to know’ request and co-ordinate

appropriate disclosure. This decision will be based on the information provided for the application and intelligence checks in relation to the parties involved (include: PND/

PNC/Visor/Flints/Corvus). Disclosure may only be made at this stage if a clear risk is identified and it is necessary to

avert the risk

Protection Team Sergeant to review request and allocate to Protection Team Safeguarding

Officer to make contact with the partner (known as A) who is in an intimate relationship

with B or a third party (known as C) who has some form of contact with A by preferred

safe time and method

Face to Face meeting with the applicant within 10 working

days of initial contact checks (use interpreter where

required)

Safeguarding Officer to conduct further intelligence

and checks with relevant other agencies (e.g. social services,

probation, mental health, drugs services, women’s aid)

Case added to next MARAC agenda for PPU area relevant to the victim’s home address

for info sharing and discussion. If police have ‘no

concern’ based on information held it should still be

discussed at MARAC as other agencies may hold relevant

information

Protection Team Safeguarding Officer to meet with A or C

within 35 days of the application to update them

and provide disclosure where necessary. It may not be

appropriate despite C's initial concerns to disclose directly to

them. Where a disclosure decision is taken, Police will be the lead agency, however MARAC will decide if support

from another agency would be beneficial during the meeting

with A or C

Person disclosed to must receive the below information & sign an undertaking that the

information is confidential

Police must submit an IMS and within the body of the text

include 'DOMESTIC VIOLENCE DISCLOSURE SCHEME' with full details of applicant, person at risk (if different) person enquired about and full information

shared. Also include ‘Exempt from subject access

disclosure’ to prevent details being disclosed to the perpetrator following a Freedom of Information request. Update portal

Purpose of meeting;a. Ensure the application is genuine and not malicious b. Establish further details

about the application in order to further assess risk and to

assist in decision making around disclosure

c. Provide safety information and advice to safeguard A

d. Check 2 forms of ID including 1 photo ID where

possible e. Complete DASH (unless

applicant is ‘C’)

MARAC decide whether disclosure will take place

recording ratoinale and details to be disclosed. Formally record this as part of the

minutes of the meeting and update Crimes Portal

Disclosure should be provided to the person(s) best placed to

safeguard A. Whilst it is envisaged the majority will be

made to A, it may not be appropriate to do so in all

instances. The decision will be made as a result of the

information gathered as part of the scheme process and

subsequent risk assessments. Where possible take an advocate from support

services such as Women’s Aid to offer assistance post

disclosure. Use interpreter when required

Before disclosures are made the person disclosed to must be told that the it can only be

used for the purpose for which it has been shared i.e. in order

to safeguard A. A warning should be given that legal

proceedings could result if this confidentiality is breached. This should be explained to

the person and they must sign the undertaking

The need for DOMESTIC VIOLENCE DISLCOSURE SCHEME within the body of the IMS log will allow for the

information to be easily searchable for future use/FOI

requests. This will also be valuable intelligence, which

will be retrievable to all police forces via the PND system. It will allow any patterns where

B has many disclosure requests made against them

to be identified to help safeguard A and any future

victims

Applicant to be given copies of The Domestic Violence Disclosure Scheme leaflets and safety planning/signposting information to be given throughout process whether disclosure made or not

It is important that if the applicant is told that there is a lack of information to disclose this does not mean that there is no risk of harm to A, and the applicant should remain vigilant and report any future concerns. This contact also presents an opportunity to provide safeguarding information and sign-posting to relevant support services

If at any point during the application a criminal offence is disclosed, record offence and take positive action as per policy. The application will run concurrent to any investigation

If immediate action is required to safeguard the person at risk this should not wait until the Protection Team have conducted their review. Liaise immediately with duty Inspector to review ‘right to know’ request and co-ordinate appropriate disclosure. This decision will be based on the information provided for the application and intelligence checks in relation to the parties involved (include; PND/PNC/Visor/Flints/Corvus). Disclosure may only be made at this stage if a clear risk is identified and it is necessary to avert the risk

Following the request for information an Oasis log is

created and non crime number obtained (see DVDS process map for detailed explanation). The person whom the request

is made to completes the initial contact form and

conducts intelligence checks to ascertain if there is an

immediate risk. DA non crime number transferred to DA

Protection Team inbox

Step 1 - Within 24 hoursStep 2 - Within 10 working days (W/D) of initial contact

checksStep 3 - Within 5 W/D from

face to face meetingStep 4 - Referral to MARAC no later than 20 W/D from

Step 3