I have never supported anyone with a Claire’s law who hasn’t had a disclosure so I don’t know if they ask for ID or not for non disclosures. However looks like this is just part of the application process.
Application – One you have applied the police take the details of your enquiry and establish a safe way to contact you.
- Police complete initial checks
a. You will be informed of any immediate risk.
b. The police make a decision to continue to a full check or end the application.
- Face to face meeting with the police
a. You will provide ID (ideally with a photograph), share further details of your concerns and the officer will risk assess you.
b. You need to be honest. You will be warned against any malicious behaviour or sharing false information.
c. Any new crimes the police become aware of during the meeting will be investigated alongside this process.
d. A safety plan and actions taken to address risk known at this stage will be completed (e.g. referral to domestic abuse support services, safeguarding). This includes supporting you if you have reported a new crime.
e. You will be asked to sign a confidentiality form.
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Full checks completed by the police and partner agenciese.g. social services, probation service, domestic abuse support services.
a. Police databases are checked for details of any previous convictions, reprimands, final warnings for violent and/or abusive offences. This list is not exhaustive, but includes battery, common assault, murder, manslaughter, kidnapping, false imprisonment, threats to kill, wounding, harassment, sexual offences, criminal damage, andstalking.
b. All services search for other information about your partner’s behaviour. For example if your partner has abused previous partners.
5. A decision is made on whether to disclose
SECTION 2 – THE DISCLOSURE
How do they decide if a disclosure is to be made?
Before you can receive any information, the police have toconsider if it meets the criteria to share. Less than half the people who applied last year had information shared, therefore there is no guarantee you will receive information. The decision to share is made on a case by case basis and considers:-
• What information is in the police records and what risk the person may pose to you;
• If it will help protect you from harm;
• Human rights and data protection laws;
• What information will be shared with you: it needs to be necessary and proportionate to protect you and remain within the law.
What happens when I get the disclosure?
The police will usually provide the information directly to you – if your family or friends have made the request the information will still come to you, not them. The police may invite another professional (who is working with you) to be part of the meeting, if that would be helpful.
• The police will arrange to meet you in a safe location;
• You will be reminded of your legal responsibility that you must not share the information with anyone else;
• You will be asked to sign an agreement;
• You will get the information verbally;
• You will not be given any written documents;
• You will be supported to make a safety plan;
• You will get details of local support services.
Why can't I tell anyone?
A person’s previous convictions are confidential and so the police need to make sure that you don't tell anyone else as this could mean that you have broken the law.
Why was my application unsuccessful and what happens next?
More than half of all applications are unsuccessful, so it is not unusual if you do not get a disclosure. There are many reasons why including:
• the information the police have is not sufficient enough for a disclosure to be made, or it would not be lawful;
• your partner may not have a police record of abusive / violent offences;
• there is no information held by agencies to suggest that they pose a risk to you;
• there is not enough information about your partner to meet the rules of the scheme.
If you do not get a disclosure this doesn’t mean you are not at risk of harm, just that there may not be records of previous abusive behaviour. The police will still contact you and you may still be supported to make a safety plan and signposted to domestic abuse support services.