Clare’s Law Question

[neepsa]

I won’t explain details, but many helpful responses (to a previous thread) advised I complete a third party Clare’s Law Application. I’ve trawled through various sites, FAQs and forums, and just wanted to confirm some points before I press send:

• As a third party application, will I (the third party) be given the information, or will the police contact the victim?
• If they can’t contact the victim, or I have stated it would unsafe to so, what happens then? Would they disclose the information to me, or possibly social services (DC involved)?
• Will the police explain to the victim the reason why they are contacting them - ie. a Clare’s Law disclosure?
• Will the police explain the details written in the Clare’s Law application, or just explain what has been disclosed (if anything).

Im concerned the victim will know it is me who made the application, as I am the only person who knows the details. If so, they may well cut me off, and I am the only person they have. No family, friends or workplace. I would like SS to be contacted to, but unsure whether this will be done as a result of any disclosures automatically?

Thank you so much in advance, and I’m sending lots of strength to anyone who has involvement with this ❤️

If the information is released they may tell the victim and not you. It depends on the information, the risk assessment and if there is anything that needs to be revealed. They should refer to additional support for the victim or work with them to create a safety plan. Equally, they may decide it doesn't meet the threshold. There is no set answer and they may decide to reveal to a safe party which could be parents or SS. There would be no need to reveal your ID if there was any risk because that would be a consideration in any safety plan. This would also fall under GDPR. If there is no risk in their mind there will be no action. So no one will know an application has been made.

The focus is on any risk and not who made the application. Remember they deal with lots of requests and know confidentiality is needed to keep people safe.

Thankyou.

And to clarify, will the victim be able to assume it is me who made the request due to details included in the request (as only I know them)?

What are the details you are worried about? The police will disclose what they know and what is on the record. They won’t disclose what you told them, if it isn’t part of the information they need to disclose. If it is (you know he has been arrested for dv previously), the police already know that, so will not tie back to you in any way.

clares law is the 'right to ask' and the police the 'right to know'... they will not disclose anything to you and they will only disclose anything to the person you are concerned for if they think there is anything that they think this person has a 'right to know'

i would suggest if you are the only person to know this information its not going to difficult for your friend to work out where it came from?

As an ex-women’s support worker who has completed many Claire’s Law applications on behalf of my clients, my experience is that you can only complete Claire’s Law applications on behalf of another person with their permission, and only if that person is in a relationship with the person you are attempting to request information on.

The option where you can say it is unsafe for the police to contact the victim, is for the police to arrange a disclosure to the victim via yourself or another third party. Only an officer is allowed to disclose to the victim, and the victim must sign an agreement not to share the information with others (other than professionals who may be involved such as social services or probation etc.) or they could face prosecution.

The police will confirm with the victim that they have requested or given permission for a Claire’s Law disclosure and that they still want to go ahead with it, and they will confirm other details with them such as their personal details and partners personal details.

If social services are involved already, they do their own checks with police and probation services to see whether the victim or potential perpetrator is known to them, and if they are working with the victim then they would encourage a Claire’s Law on this basis, however they aren’t allowed to disclose any offences that they are aware of.

If you’re concerned for your friend, encourage a Claire’s Law or even offer to do an application for them as long as they give permission. Failing that if you still have concerns then contact police on 101 for some advice, if you know the partners name and other details you can provide them to the police, they won’t be able to give you any information but if the partner is known to them already or known to other criminal justice services then they will share the information and the situation can be monitored.

Thank you everyone. I have submitted it. It’s highly likely that she will know it’s me as I know specific details, but in order to maintain our close friendship and risk her cutting me off, I won’t say anything unless she asks, in which case I won’t deny it.

Thank you @TheRedRaven The form didn’t mention anything about permission, or have a section to complete regarding that. Perhaps it’s been removed or updated, or possibly different depending on which local police team you are reporting to? Thank you for your help

xxx

The hard truth is that you are being a good friend and looking out for her, if she has an issue with this then that’s on her, your conscience is clear. Perhaps one day she will thank you, but know that you’re a good person for looking out for her even if she does cut you off.

And yes totally possible, it’s been almost a year since I’ve needed to do a Claire’s Law so it could well have been updated!

Best of luck, I hope everything works out!