Clares Law Question

[Aswewalkinfieldsofgold]

I'd like to ask a question on relation to Clare's law.

If a person works in a job where they have had an enhanced DBS check, I'm assuming there would be no point in doing a Clare's Law request? As if anything was amiss, they wouldn't have "passed" the DBS?

If you have any doubts, you should submit the Clare's Law request.

DBS is only valid on the day it was done.

Also, I've worked in safeguarding with adults who do have stuff brought up on DBS checks - a risk assessment is carried out to determine if they're safe to work in their role. Having a job requiring a DBS doesn't mean that they don't have anything dark in their history.

I know he was accused of hitting his ex, he said she hit herself and called the police.
He's very emotionally abusive with me. However the situation with his ex was many years ago and he's had several DBS checks since then. He has a very professional job and also comes into contact with children. So I assume if there was anything dodgy, he wouldn't have an enhanced DBS.

Sorry you are in this situation OP.

You say he is emotionally abusive with you. This should be enough to show you his character. Were you already thinking of ending things? How long have you been together?

He’s not worth risk of staying with. Just leave.

The reason I asked about Clare's Law as it would be useful to have some evidence as he wants to take our child if we split.

Do the request and report him yourself for emotional abuse.

I would do the request. Despite the DBS checks, it's worth doing anyway.

Do you have any evidence of his emotional abuse against you? Texts, etc. Not been in this situation so I'm hoping someone can offer you better advice than I can in terms of custody of your child if you do split.

This is correct. An enhanced DBS check is just that, a check. It's then up to an organisation to decide what to do with the information they have received. I'm aware of doctors with previous DV showing up on their enhanced DBS checks. Despite this, they were still employed.

Agree with other posters, just because their employer has taken them on doesn’t mean that the employer hasn’t looked over it or decided it doesn’t affect his work!

If he’s emotionally abusive to you, the Clare’s law check is kind of irrelevant. Just leave. Why would it matter if the check comes back clear if you have reason to end the relationship anyway? I don’t understand.

Yes and no. An enhanced DBS can include non-conviction/police intelligence information if the police consider it relevant that I don’t believe would be included in a Clare’s Law request. Have you seen their current enhanced DBS certificate? If you have, it will tell you more than a Claire’s Law request. If not, there may be something on it that their employer has evaluated and decided that it does not pose a risk in their role.

What do you mean by “take our child”? Are you concerned about abduction? Or do you mean he wants to be the resident parent and have your child live with him full time? That isn’t his decision. If you can’t agree, the court will decide what is best for the child. Unless he has evidence that you are unsafe to take care of the child or the child is old enough to decide for themselves, it is very unlikely he would get that. Equally, (unfortunately) a conviction for DV or abuse against a partner would not mean that the court would not allow him to be the resident parent or have 50:50 care if there is no evidence that he is a risk to the child.