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Domestic Violence Disclosure Scheme (Clare’s Law)

Right to ask

Under the scheme an individual can ask police to check whether a new or existing partner has a violent past. This is the ‘right to ask’. If records show that an individual may be at risk of domestic violence from a partner, the police will consider disclosing the information. A disclosure can be made if it is legal, proportionate and necessary to do so.

Right to know

This enables an agency to apply for a disclosure if the agency believes that an individual is at risk of domestic violence from their partner. Again, the police can release information if it is lawful, necessary and proportionate to do so.

 

Domestic Violence Protection Orders (DVPOs)

Alongside the disclosure scheme, the police and magistrates in England and Wales can also issue Domestic Violence Protection Orders (DVPOs).

These can be issued where there is not enough evidence to charge a perpetrator and provide protection to a victim via bail conditions.

A DVPO can prevent the perpetrator from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim some time to consider their options, with the help of a support agency.

How it works

The two–step process:

  1. On being called to an incident of domestic violence, if the police have reasonable grounds to believe the victim remains at risk, they can choose to issue an emergency Domestic Violence Protection Notice (DVPN). The notice is effective from the time of issue, giving the victim the immediate protection.
  2. Within 48 hours of the DVPN being served, an application to a magistrates’ court for a Domestic Violence Protection Order must be made by the police and heard by the magistrates’ court. The initial notice continues until the court has reached a decision. If the court rules that the victim requires continued protection, they may issue a DVPO which would last for a minimum of 14 days, to a maximum of 28 days.

Victims with no recourse to public funds

If your relationship with a British citizen or someone settled in the UK has broken down because of domestic violence, you may be able to apply for indefinite leave to remain (permission to stay in the UK permanently).

Domestic violence and abuse can be emotional, psychological, physical, sexual or financial. It includes threatening or controlling behaviour to try to harm, isolate or frighten someone.

Permission to settle in the UK is sometimes called ‘settlement’, ‘indefinite leave to remain’ or ‘indefinite leave to enter’.

Permission to settle gives you the right to live, work and study here for as long as you like, and apply for benefits if you’re eligible. You can use it to apply for British citizenship.

For information on your rights and eligibility, please visit Indefinite leave to remain or enter (domestic violence or abuse): Overview - GOV.UK (www.gov.uk)

The National Centre for Domestic Violence specialise in providing free, fast and effective support to survivors of domestic violence and abuse, usually by helping individuals obtain injunctions from their local county court. This free service is provided to everybody, regardless of their financial circumstances, sexual orientation, race, gender, age, political, religious belief or otherwise. (Sometimes the Legal Aid Agency will demand payment which NCDV will help you navigate and provide you with a solution this if this occurs.
 
Rights of Women have a legal guide that sets out information about what happens once the perpetrator has been charged with a criminal offence.  The guide can be downloaded from From charge to trial: A guide to criminal proceedings | Rights of Women
The Home Office have template letters that victims of domestic abuse can use to help them get evidence to claim Legal Aid.  You can download the templates at this link https://www.gov.uk/government/collections/sample-letters-to-get-evidence-of-domestic-violence
The Department for Work and Pensions have a guide that provides information for victims of domestic violence and abuse about the services and support offered by the DWP.

This includes special conditions for:

  • Housing Benefit
  • Jobseeker’s Allowance
  • Employment and Support Allowance
  • Universal Credit
  • the benefit cap
  • removal of the spare room subsidy
  • Discretionary Housing Payments
  • Migrant partner support
  • Child maintenance

You can access the guide at https://www.gov.uk/government/publications/domestic-violence-and-abuse-help-from-dwp