One of the aspects which shines out from the statistics about abuse or violent crime is that vulnerable people are more likely to be harmed by someone they know than by a random stranger. We’re all used to the idea of people in positions of responsibility having to go through a criminal record check before starting work but what about our nearest and dearest? Can you ask for a DBS check on your sister’s new boyfriend after hearing rumours that he has a violent past?
Rules around DBS Checks
Unfortunately, the short answer to the above is a firm no. The DBS checking process is designed only for employment purposes, with the level of checking determined by the type of job being done. Individuals can apply for a basic DBS check on themselves, but this will only ever show up unspent convictions or cautions. Also, it’s not easy to approach someone you are concerned about and ask them if they’d consider having a criminal record check.
There are ways in which concerned parties can ask the Police to disclose information they have about people, but the DBS is not the tool you need to be able to do this.
Domestic Violence Disclosure Scheme – Clare’s Law
Clare’s Law is named after Clare Wood, a British woman who was murdered in 2009 by her partner, who had a history of violence. Her family campaigned for a way to ask Police about someone’s history of crime. To access information under Clare’s Law, first make an appointment to discuss matters at your local Police station. They will take some basic details about you and the other people involved and can discuss why you are concerned and what you would like to find out. The police will search their records and get back to you with anything they find. If you are, for example, a parent asking for disclosure about an adult child’s new partner, the police will disclose any information to the adult child, not necessarily to the person who made the request.
Sarah’s Law
This is another piece of legislation named after a murder victim, this time Sarah Payne who was murdered in 1995. Sarah’s law works in a very similar way and allows parents to ask for disclosure about people who may have access to their child. Police will not release all information they hold, only that information related to sexual offences or information which is in the best interest of the child. Anyone requesting information under Sarah’s Law must also guarantee to keep any disclosure confidential.
Accessing Information
If you’re not sure what piece of legislation is most appropriate in your case, or indeed whether your case qualifies for disclosure at all, make an appointment to discuss matters at your local police station. Every case is different, so the officers can listen to your circumstances and then advise on the best path forward. There is no cost associated with asking for a disclosure under either piece of legislation.
