Policy background The Domestic Violence Disclosure Scheme
The Domestic Violence Disclosure Scheme, often referred to as "Clare’s Law", was implemented across all police forces in England and Wales in March 2014.
	The scheme has two elements: the "right to ask" and the "right to know". Under the scheme an individual or relevant third party can ask police to check whether a current or ex-partner has a violent past. This is the "right to ask". If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.
	The "right to know" enables the police to make a disclosure if they receive indirect information regarding the current or ex-partner that may impact the safety of the individual, such as information arising from a criminal investigation, through statutory or third sector agency involvement, or from another source of police intelligence.
	A disclosure can be made lawfully by the police under the scheme if the disclosure is based on the police’s common law powers to disclose information where it is necessary to prevent crime and if the disclosure also complies with data protection legislation, the Rehabilitation of Offenders Act 1974 ("the 1974 Act") and the Human Rights Act 1998. It must be reasonable and proportionate for the police to make the disclosure based on a credible risk of violence or harm.
	For the year ending March 2020 there were 8,591 (based on data from 41 police forces) and 11,556 (based on data from 42 police forces) applications under the right to know and right to ask respectively. For these, there were 4,479 and 4,236 disclosures respectively ( Office of National Statistics  ).
	Non-statutory guidance for the police on the operation of the scheme was first published by the Home Office in July 2012 and, following an assessment report of the pilot scheme in November 2013, was updated in December 2016. The purpose of the guidance is to support the delivery of the scheme and assist front line officers and those who work in the area of public protection with the practical application of the scheme. The updated guidance took into account the findings of an assessment by the Home Office of the first year’s operation of the scheme.
	Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services domestic abuse thematic reports, published in 2015 and 2017 , concluded that "opportunities were being missed [through the scheme] to provide better support and protection for victims". Both reports identified inconsistencies surrounding the use of the scheme by police forces and noted the low volume of disclosures. The 2017 report concluded that "it is important that both members of the public and officers are aware of the scheme’s purpose and the application process". The Government aims to drive greater use and consistent application of the scheme by putting the guidance underpinning the scheme on a statutory footing and placing a duty on the police to have regard to the guidance (see section 77).