Posts tagged ‘right to know’

October 26, 2011

Clare’s Law – consultation open – what do you think?

Following the tragic murder of Clare Wood, calls have come about for the right of victims to ask for information about the ‘history’ of their new partners in terms of whether they have been abusive in a previous relationship and for the police to proactively disclose information about their partner’s previous DV history.  The Home Office announced yesterday that there will be a consultation to pilot a new Domestic Violence Disclosure Scheme.  The options for consideration include:

  1. Continuing with the current arrangements – these allow any member of the public to ask the police for information about a third party’s violent history, and the police have the discretion to share this information if it is proportionate to prevent further crime.
  2. ‘Right to Ask’ – this could potentially create a statutory right for the public to ask for information about a partner’s previous history.  In these cases, the case would be referred to MARAC where a decision could be made about disclosure and the offer of support from an IDVA would be made.
  3. ‘Right to Know’ – in this option, the police would take information about an alleged perpetrator to MARAC, where a decision would be taken about disclosure to a new partner, or other vulnerable parties such as family members.  Again, support would be offered from the IDVA.

The proposed shape of the DV Disclosure rules has changed and we think for the better.  The focus is now on ensuring that disclosures are based on risk, that they cover the victim and other vulnerable people (children, other family members), that support is consistently offered to the victim when a disclosure is made and that consideration is given in a multi agency setting.  For those of you who loyally follow our MARAC guidance on information sharing, you will know that we have always included sharing information with new partners and other family members as an action to consider for MARACs.  (More on this on our website http://www.caada.org.uk/Practitioner_resources/Disclosure_of_Info_at_MARAC_FAQs.pdf ).

Our concerns about the initial proposal was that it was too focused on the criminal justice system – we know that victims of abuse will often not contact the CJS – and that there was a real risk of false ‘positives’, i.e. that victims would gain false reassurance if someone had no convictions.  Many of the most serious DV offenders do not have convictions for a DV related offence.  We will obviously be thinking more about this and will publish our response to the consultation on our website.

But your thoughts and reflections would be most welcome.  You can find out more at http://www.homeoffice.gov.uk/publications/about-us/consultations/domestic-violence-disclosure/

July 12, 2011

Will the Sex Offenders’ Register “Review Mechanism” breach human rights law?

This is interesting in the light of the proposed ‘right to know’ for victims of domestic abuse.

Will the Sex Offenders’ Register “Review Mechanism” breach human rights law? « UK Human Rights Blog.