Assessing vulnerabilities in the Domestic Violence Disclosure Scheme

The Domestic Violence Disclosure Scheme (‘Scheme’) is one of a raft of measures that has been spearheaded by the Home Office to tackle violence against women. Since its national implementation in March 2014, thousands of applications have been made to the police for information regarding a person’s history of violence. Also known as ‘Clare’s Law’, the Scheme, as a piece of criminal justice policy created by the Home Office, importantly has no specific statutory basis, instead resting on existing legal frameworks. Drawing on both a legal analysis of new Scheme guidance published by the Home Office in December 2016 and early empirical research into its operation, this paper offers a close reading of the Scheme and highlights several persistent procedural and practical vulnerabilities for ‘right to ask’ victims in the operation of Clare's Law. These vulnerabilities, it is argued, could have significant ramifications for the Scheme’s efficacy and for public confidence in the policy in the longer term. The conclusion proposes recommendations for reform to improve the current working of the Scheme and offers insight to those seeking to adopt of this policy in other jurisdictions.