Keith Mack
Common Law Police Disclosure, also known as Clare's Law, was implemented across all police forces in England and Wales in March 2014. The scheme enables individuals or third parties to ask the police to check whether a current or ex-partner has a history of violence or abuse. If there is a credible risk of harm or violence, the police are permitted to disclose information under their common law powers. This information may be disclosed to employers or regulatory bodies to allow them to act swiftly and mitigate any potential danger.
| Characteristics | Values |
|---|---|
| Date of introduction | March 2014 |
| Focus | Public protection risk |
| Type of information disclosed | Criminal record, previous convictions or charges |
| Who can disclose | Police, probation or prison |
| Who can receive disclosure | Employers, housing providers, family members |
| When is disclosure made | At charge or arrest |
| What is the threshold for disclosure | Pressing social need |
| What must disclosure comply with | Law, necessity for public protection, proportionality |
| What must accompany disclosure | Safety plan tailored to victim's needs |
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What You'll Learn
- Common Law Police Disclosure and public protection risk
- Disclosure and the Domestic Violence Disclosure Scheme (DVDS)
- Common Law Police Disclosure and the Multi Agency Public Protection Arrangement (MAPPA)
- Common Law Police Disclosure and the Disclosure and Barring Service
- Common Law Police Disclosure and the impact on employment
Common Law Police Disclosure and public protection risk
The Common Law Police Disclosure scheme ensures that in cases of a public protection risk, the police will pass on information to employers or regulatory bodies to allow them to take swift action to mitigate any potential danger. This scheme replaces the Notifiable Occupations Scheme and provides robust safeguarding arrangements, ensuring that only relevant information is passed on to employers. It strikes a balance between the interests of the individual and the importance of public protection.
The scheme is not limited in scope and addresses the risk of harm regardless of the employer or regulatory body that the individual is working for or a member of. There are no longer lists of specific occupations, regulatory bodies, or licensing authorities. The threshold for disclosure is based on a 'pressing social need'. This means that the police will use their professional judgement to make disclosures in situations where they believe it is necessary to promote public protection.
The police will generally notify an employer when an individual is charged. However, if the Chief Police Officer believes there is a public protection risk, notification may be upon arrest. Once notified, employers should only use the information to assess any potential risk posed by the individual. The information should not be copied, discussed, or shown to any other party not directly involved in the risk assessment.
The police must satisfy several tests before deciding to disclose information under the scheme. They must demonstrate that the disclosure is necessary to protect the person from becoming a victim of a crime, that there is a pressing need for disclosure, and that interference with the perpetrator's rights is necessary and proportionate for the prevention of crime. Any decision to disclose under the scheme will be made based on the facts of each individual case, and the police can seek legal advice where necessary.
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Disclosure and the Domestic Violence Disclosure Scheme (DVDS)
The Domestic Violence Disclosure Scheme (DVDS), also known as Clare's Law, was implemented across all police forces in England and Wales in March 2014. The scheme was named after Clare Wood, who was murdered in 2009 by her ex-partner, who had a history of violence against women.
DVDS provides a clear framework and recognised processes for the police to exercise their common law powers to disclose information in the context of domestic abuse. The scheme has two main elements: the "Right to Ask" and the "Right to Know". The "Right to Ask" allows individuals or relevant third parties, such as family members, to request that the police check whether a current or ex-partner has a history of abusive behaviour. The police will consider disclosing this information if it is deemed necessary to protect an individual from becoming a victim of domestic abuse. The "Right to Know" enables the police to proactively disclose information about an individual's violent or abusive behaviour if it may impact the safety of their current or ex-partner.
Before disclosing any information, the police must satisfy several tests. These include assessing the necessity to protect an individual from becoming a victim, the pressing need for disclosure, and the proportionality of interfering with the perpetrator's rights in the interest of preventing crime. Any disclosure must be accompanied by a tailored safety plan to protect the victim or potential victim. Additionally, the police can seek legal advice when making these decisions.
The DVDS has been adopted or proposed in various forms in other parts of the United Kingdom, as well as in Australia and Canada. The scheme aims to reduce intimate partner violence and empower individuals to make informed decisions about their safety. It is important to note that the scheme applies to all people, regardless of gender or sexuality, and should not be seen as a mechanism solely for women to enquire about male partners.
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Common Law Police Disclosure and the Multi Agency Public Protection Arrangement (MAPPA)
Common Law Police Disclosure is a scheme that ensures that in cases of public protection risk, the police will pass on information to employers or regulatory bodies to allow them to act swiftly and mitigate any potential danger. The scheme aims to strike a balance between the interests of the individual and the importance of public protection, only disclosing relevant information. This scheme replaced the Notifiable Occupations Scheme.
The Multi-Agency Public Protection Arrangements (MAPPA) is a national framework in the UK that assesses and manages the risk posed by serious, violent, and sexual offenders living in or returning to the community. The Responsible Authorities (RAs) under MAPPA are the police and His Majesty's Prison and Probation Service. The National Probation Service (NPS) is responsible for managing all MAPPA offenders aged 18 and above who are under statutory supervision in the community. Offenders under 18 are managed by youth offending teams.
MAPPA classifies offenders into three main categories: registered sexual offenders, offenders convicted under the CJA 2003 Schedule 15, and other dangerous offenders. Offenders who meet the criteria for multiple categories are classified under Category 4, which also includes terrorist or terrorist risk offenders. The management of MAPPA offenders is divided into levels, with Level 1 being ordinary agency management, where the lead agency can manage the risks with the cooperation of other agencies without formal multi-agency meetings. Levels 2 and 3 involve higher-risk offenders and require formal multi-agency management and coordination.
MAPPA works in collaboration with disclosure schemes such as the Domestic Violence Disclosure Scheme (DVDS), also known as Clare's Law, implemented in England and Wales in 2014. DVDS gives individuals the "Right to Ask" the police about a current or ex-partner's violent or abusive past, and the "Right to Know" enables the police to proactively disclose such information if it may impact the safety of the individual's partner. MAPPA partners are involved in discussions around disclosure, but the police have the ultimate decision-making power in cases of public interest or domestic abuse disclosures.
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Common Law Police Disclosure and the Disclosure and Barring Service
Common law police disclosure is a process where the police disclose information about an individual's previous convictions or charges if there is a pressing need to prevent further crime. This usually occurs when an individual's employment involves working with vulnerable people or when they are in a position of trust, such as a doctor, nurse, or teacher, and there is a risk to those around them. The police must use their professional judgment and consider the rights and interests of the individual and the public when deciding to disclose information.
The Disclosure and Barring Service (DBS) is a UK government organisation that helps employers make safer recruitment decisions. DBS processes and issues DBS checks, which are criminal record checks, for England, Wales, the Channel Islands, and the Isle of Man. DBS maintains the Adults' and Children's Barred Lists and decides whether an individual should be included on these lists, barring them from certain activities. DBS checks are often used by employers to ensure they are recruiting suitable people, especially for roles working with children or vulnerable adults.
The DBS plays a crucial role in safeguarding and employment, working closely with the police. While the Common Law Police Disclosure (CLPD) operates separately from the DBS, they work alongside each other. The CLPD provisions extend to police forces in England and Wales, with Northern Ireland voluntarily adopting them and separate arrangements in Scotland. The police provide information to the DBS, which is then included in DBS checks.
The Domestic Violence Disclosure Scheme (DVDS), also known as Clare's Law, implemented in 2014, is an example of how common law police disclosure and the DBS can work together to protect individuals. Under the DVDS, individuals or third parties can ask the police about a current or ex-partner's violent or abusive past. The police can also proactively disclose this information to protect potential victims. This scheme provides a clear framework for the police to exercise their common law powers in domestic abuse cases, ensuring consistent application across all forces.
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Common Law Police Disclosure and the impact on employment
The Common Law Police Disclosure (CLPD) gives the police the power to share personal and sensitive information with third parties, including employers and regulatory bodies. This disclosure is reserved for situations where there is a pressing need to safeguard or protect individuals, groups, or society from harm. It creates an exception to the general presumption of confidentiality of personal information held by the police.
The disclosure must be relevant and proportionate, and the police must use their professional judgment when deciding whether to disclose information. This usually occurs when an individual's employment involves working with vulnerable people or when they are in a position of trust, such as a doctor, nurse, or teacher. For example, if a teacher is arrested for making indecent images or inciting sexual activity with a child, the police will likely notify the employer and the relevant regulatory body, such as the Board of Education.
The CLPD ensures that employers receive only the information necessary to understand the risk and take appropriate action. It strikes a balance between the interests of the individual and the importance of public protection. The police must also satisfy several tests before disclosing information, including that the disclosure is necessary to protect a person from becoming a victim of a crime and that there is a pressing need for the disclosure. Any decision to disclose information will be made based on the facts of each individual case, and legal advice can be sought if needed.
The CLPD replaces the Notifiable Occupations Scheme and provides a clear framework for the police to exercise their powers in disclosing information. It ensures that disclosures are handled consistently and that employers can act swiftly to mitigate any potential dangers to their employees or vulnerable individuals in their care.
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Frequently asked questions
Common Law Police Disclosure was introduced in March 2015.
Common Law Police Disclosure allows the police to pass on information to employers or regulatory bodies to act on any danger to the public.
The police disclose information when there is a credible risk of violence or harm.
The threshold for disclosure is a ''pressing social need', which was established by the Supreme Court ruling in R v Commissioner of Police of the Metropolis (2009).
The police would disclose information in cases of domestic abuse, where an individual may be at risk from a partner or ex-partner.
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