Claire's Law

[Blahhhh11]

I've submitted a Claire's Law request for my friend. She's with someone that treats her terribly, and gives me real cause for concern. They've been together a long time, and when they first got together there was some talk of a criminal history but she never got to the bottom of it. Whilst they've been together on and off for a while, I think any information could be helpful (she's mentioned doing a request herself in the past but he's a total controlling bully, and I think she would have told me if she had).

Anyway, to my question. If the police were to find anything, it's my understanding they may look to contact her directly. Would they tell her who had made the original request? I'd really like to stay out of things for a couple of reasons- one being, he's a nasty piece of work and if she was to tell him, I wouldn't like any backlash, and also, I wouldn't want to upset my friend. She has children/is very private, and whilst I haven't done this to be spiteful or cause issues for her family, I'd like her to have all the information, especially with how shady he was to start with.

I'm pretty sure I don't hear the full extent of what he does, but the things I do hear are very worrying, and I want her to have all the information available to her.

You don't want her/them to know it was you who made the request because 'he's a nasty piece of work' ... and you don't want the 'backlash'?
You understand if he finds out ... and is as bad as you say he is, all the things your concerned about happening to you, will undoubtedly be worse for her?

I completely understand your trying to help your friend, I genuinely do! But, did you think of the possible consequences of this? Did you try and talk to her about it beforehand? Did she ask you to do this on her behalf?

I don't think the police will release this information to you... I'm pretty sure it has to be direct from her as the partner.

Do you mean your friend has asked you to make the request in her name? Because I do think think you can make a request as a third party.

He won’t know who made the application.

He won’t even be told that one has been made. I was speaking to a friend about this very thing a couple of days ago.

Only if he has serious accusations, not even convictions necessarily, will your friend be told some vague, but pertinent details. Then it’s up to her what she does with the information.

And yes, you absolutely can make a third party request. But you won’t be told the details due to official secrets act.

If there is anything they could choose to tell your friend (without saying it was you) but she could also decline to hear it that is her prerogative.

I think you mean Data Protection rather than Official Secrets Act.

They won't tell OP the information but what they might do if they feel she is at risk of harm from him is make a domestic violence disclosure to her friend.

The friend won't be told what triggered it

No, I mean official secrets act. My friend has processed many in her job - yes, she’s in the police - and those are the words she used.

The OSA 1911 basically covers espionage. I'm not sure the information categories in OSA 1989 relate to this scenario either.

https://commonslibrary.parliament.uk/research-briefings/cbp-7422/

"The Official Secrets Act 1989 replaced the “catch-all” section 2 from the Official Secrets Act 1911, under which it was a criminal offence to disclose any official information without lawful authority. The 1989 Act creates offences connected with the unauthorised disclosure of information in six specified categories by Government employees. These are:

Security and intelligence
Defence
International Relations
Information which might lead to the commission of crime
Foreign confidences
The special investigation powers under the Interception of Communications Act 1985 and the Security Services Act 1989"

It's not the official secrets act, it's a disclosure regarding any historical violent offences/acts.

criminalinjurieshelpline.co.uk/legal-advice/clares-law/

Seems to be some confusion here. Following as interested to know!

I wouldn't of thought OP would be told any info since it's not actually for herself. I don't know though. You said they have been together a long time OP... your friend isn't going to leave now is she?

Official Secrets Act is more about not passing on information that would be of detriment to the state/crown.

So giving information to someone who may be spying, not giving information to criminals to assist them in their criminal activities (TV Line of Duty type stuff), strategic military information etc.

It doesn't cover normal data protection / rehabilitation of offenders stuff around whether the criteria is met to make a disclosure of a person's historical offending behaviour to someone who may need to be aware of it, e.g an employer or a partner who may be at risk of domestic abuse.

I sit in weekly meetings called the Domestic Violence Disclosure Scheme meeting (DVDS) where we collectively make the decision about making a disclosure to each individual that there has been a Claire's law request about each individual offence their partner has committed.

Even when we agree a disclosure needs to be made we pick which offences need to be disclosed, so we would usually agree that domestic violence /sexual assault offences need to be disclosed but wouldn't disclose e.g driving offences, shoplifting, organised crime, drug issues etc unless it was relevant.

Each week it's a mix of people who have requested Claire's Law disclosures or people where police/social services/3rd parties have requested a disclosure is considered.