Crime and intelligence - Domestic abuse: Domestic violence disclosure scheme procedure (N07c)

1. Summary of changes

1.1. This policy has been revised throughout in August 2026 and amended to reflect changes to local processes.

2. Purpose

2.1. This SOP sets out Kent Police’s approach to managing the Domestic Violence Disclosure Scheme (DVDS), ensuring compliance with Home Office statutory guidance, College of Policing Authorised Professional Practice (APP), and national best practice. The policy is designed to be victim‑focused, proportionate, timely, and not unnecessarily bureaucratic, while maintaining clear accountability and safeguarding standards. 

2.2. The primary purpose of DVDS is crime prevention and safeguarding, not process compliance. 

Compliance with this SOP and any governing policy is mandatory.

National guidance obtains further details and can be reviewed here - Domestic Violence Disclosure Scheme - GOV.UK

3. Introduction

3.1. The police have common law powers to disclose information, broadly where there is a pressing need to protect people. These powers form the basis of disclosures under the DVDS, meaning that information can be shared about a person’s known history of violence or abuse, normally relating to previous convictions or charges, to members of the public where there is a pressing need for disclosure of the information in order to prevent further crime.

3.2. The principal aim of the DVDS is to introduce recognised and consistent procedures for the exercise of this power in this context, to enable the police to make a disclosure of information where it would protect a member of the public who may be at risk of harm from domestic abuse.

3.3. Kent Police have operated the Domestic Violence Disclosure Scheme, also known as Clare’s Law, since 2014. The DVDS is a statutory process with two entry points;

• Right to Ask, which is triggered by a member of the public applying to the police for a disclosure
• Right to know is triggered by the police making a proactive decision to disclose information to protect a potential victim(s).

3.4. Any disclosure must be within the existing legal framework and, in particular, have due regard to established case law, the Human Rights Act 1998, the Data Protection Act 2018 (DPA) as it relates to the relevant parts of the General Data Protection Regulation (GDPR), or the Law of Enforcement Directive (LED) and the Rehabilitation of Offenders Act 1974.

3.5. If at any point in the process, it is identified that urgent action is required due to immediate / imminent risk of harm and / or the report of a crime, then action must be taken immediately and in line with Domestic Abuse Policy (N07).  

4. Definitions 

4.1. For the purpose of this guidance:

• Individual A: the person potentially at risk, which includes intimate partners and previous intimate partners. The person potentially at risk might also be the applicant.
• Individual B: the person about whom a request is being made.
• Individual C: a person who may request information about B on behalf of, or out of concern for A, such as a friend or relative, or a professional.

4.2. A disclosure will only be made to the person who is in the best position to safeguard A from harm. This will normally be A themselves, unless there is a compelling reason not to disclose to A. Disclosure can be made to a third party if deemed by safety planning as the person best placed to safeguard A (e.g. parent, third-sector worker, healthcare professional). In some instances this could be person C.

5. Right to ask - initial applicant contact 

5.1. In order for an application to be made under the DVDS, A or C can contact Kent Police via the Force Control Room (FCR); in person at the front counter of any police station or by completing the online form on the Kent Police website.

5.2. Upon contact, a STORM incident should be created with the call-type 'CSODS/DVDS; the location for the incident should be the Kent address for either (in order) the applicant (A or C), the person at risk (A) or the subject of the request (B)

5.3. The Question Set should be completed and the UNATT_IMU tag added

5.4. Initial local intelligence checks (PNC/Athena/Storm) will be completed to build an initial picture on A, B, and where applicable C, and be focused on risk.

5.5. The initial record can then be resulted with a closing code ‘828’

5.6. IMU will create a DVDS NCI.

6. Right to ask - initial DVDS team actions

6.1. The NCI created after initial contact will be allocated to the DVDS team.

6.2. All applications will be reviewed by a Sergeant.

6.3. Applications will then be allocated to a DVDS team PC/DC unless the subject is a Registered Sex Offender or managed within the MAPPA process in which case the application will be managed by a VISOR officer.

6.4. Once allocated, contact will be made with A or C to arrange a face-to-face interview via the GoodSAM video software (within 10 days). The purpose of this interview is to;

• verify the identity of A or C;
• verify the relationship to the subject- the relationship should be verified as far as possible to avoid false or malicious applications;
• If the applicant is C, Police will look to verify their relationship to A.
• check the details obtained at the initial contact;
• establish whether it is a genuine application; and
• complete DARA risk assessment;
• provide initial safety advice and signpost to relevant support service;
• make the applicant aware that disclosure may not be made to them, and they may remain unaware of the result where disclosure has been made to someone other than him or herself.

6.5. Best practice is that the applicant must produce photographic identification with confirmation of date of birth and address in order to prove their identity to the officer.
Home Office Guidance details acceptable forms of ID.

6.6. It is accepted that some of the vulnerable individuals who may make applications may not have the above forms of identification. In these cases it may be possible to refer to another agency to confirm the individual’s identity (e.g. social worker, health visitor).

6.7. The Face to Face interview will be recorded on the face-to-face form as per the guidance page - Domestic Violence Disclosure Scheme (DVDS) - Clare's Law

The applicant must be warned that if they wilfully or maliciously provide false information to the police in order to obtain a disclosure that they are not entitled to then they may risk prosecution,  for example,  Wasting police time or s170 DPA 2018.

No face to face interviews will be conducted in the presence or hearing of B.

6.8. No disclosure will be made at this time, but the applicant must be advised that if information is disclosed at a later date then this must only be used for the purpose for which it has been shared i.e. to safeguard potential victims and their children.

6.9. Protected characteristics data will be obtained by the officer completing the face-to-face interview and will be added to the Athena NCI report. This will need to be added for all applicants, including third party.

7. "Right to know" entry route

7.1. This entry route is when indirect information is received by the Police that may impact the safety of A and which has not been conveyed to the police via the “right to ask” process.

7.2. Indirect information is likely to be information received by the police from intelligence gathering arising from the following activities:

• An investigation into a criminal act where, as part of that investigation, the police have reason to believe that A may be at risk of harm from B;
• Information on alleged violent and abusive offending by B that is received from partner agencies (statutory and/or third sector) as part of routine information sharing at local safeguarding meetings;
• Either A or B encountering the police as part of their routine operational duties.

7.3. Following receipt of the indirect information, a DA NCI ‘DVDS’ should be created by the team who received the information, and intelligence checks should be undertaken to build an initial picture on A and B. The minimum standard of checks at this stage are PNC; PND; ViSOR (if A and/or B has a ViSOR marker on the Police National Computer) and Athena.

7.4. The team who received the initial information are responsible for the initial risk assessment and safeguarding. They must be satisfied that there is no immediate / imminent risk of harm to A and / or children. If there is a risk of immediate harm or a crime is evident then action must be taken immediately and existing Domestic Abuse response procedures should be followed.

7.5. Protected characteristics data must be obtained for all persons at risk and added to the NCI report. If this cannot be obtained from the person at risk themselves officers should review previous Athena reports.

8. Core Principles

8.1. Kent Police’s DVDS operation will be guided by the following principles: 

• Police are the sole lawful decision‑maker for DVDS disclosures. 
• Decisions will be risk‑led, proportionate and timely. 
• Bureaucracy will be minimised in line with Home Office guidance. 
• Partner agencies inform and support safeguarding, but do not delay or determine disclosures. 
• Disclosure activity must withstand scrutiny while remaining victim‑centred. 
• Data from each DVDS NCI report will be recorded and retained by the DVDS team Sergeants and Inspector in relation to protected characteristics, SLA, disclosure decisions and filing outcomes.

9. Research and Checks (Minimum Standard)

9.1. Mandatory Checks (All Cases) 

In line with Home Office statutory guidance, the default and minimum research for DVDS cases shall be: 

• Police National Computer (PNC) 
• Police National Database (PND) 
• Athena / local force intelligence systems 
• ViSOR only where a ViSOR flag or marker is present

These checks constitute national best practice and will ordinarily be sufficient to support a lawful and proportionate decision. 

9.2. Additional Research

• Additional enquiries (e.g. partner agency checks, historic paper files, complex intelligence trawls) must not be routine. 
• Further research should be undertaken only in exceptional cases where it adds clear safeguarding value or is necessary to resolve a specific risk or proportionality issue. 
• Any decision to expand research must be clearly recorded with rationale and not result in delays to disclosure.  

Kent Police will not delay disclosure simply to research all possible information where the minimum standard already establishes risk. 

10. Decision making stage 

10.1. Concern

10.1.1 A “concern” occurs if A is at risk of harm from B, based on a balanced profile of B that takes into account the following factors:

• B has convictions for an offence related to domestic violence (see annex B in DVDS Guidance) that may be disclosed under the terms of the Rehabilitation of Offenders Act 1974; and/or
• They are a serial perpetrator of domestic violence; and/or;
• There is intelligence known about the previous violent offending of B which may include; cases not proceeded with; intelligence concerning violent offences, or previous concerning behaviour towards previous partners, and/or;
• There is concerning behaviour by B demonstrated towards A. This may include a pattern of behaviours that indicate that exercising coercive control over A.

10.2. The Rehabilitation of Offenders Act 1974 provides that, in most circumstances, convictions become ‘spent’ after a number of years and do not need to be disclosed. However, the ROA 1974 does not prohibit the disclosure of spent convictions. Police officers retain discretion in the course of their duties as to whether or not to disclose spent convictions under the DVDS. Officers should take into account the age of the conviction during the decision making process. Where the disclosure of a conviction is in the course of their duties, the police will not be liable to prosecution under the ROA 1974.

10.3. If a “concern” occurs, the police must consider if representations should be sought from B to ensure that the police have all the necessary information to make a decision in relation to disclosure. As part of this consideration, the police must consider whether there are good reasons not to seek a representation, such as if seeking the representation might put A at risk or the need to disclose information in an emergency. If it is determined that representations from B need to be sought, the police must inform A or C of the need to involve B, giving them the opportunity to withdraw the application.

10.4. No concern

10.5. A ‘no concern’ applies where subject has:

• • No convictions for an offence related to domestic abuse, including spent convictions; and/or
  • There is no other intelligence or information that shows that B’s behaviour may cause harm to A; and/or
  • There is insufficient intelligence or information to register a concern.

10.6. For Right to Know, if no further action is to be taken this needs to be recorded on the DA NCI.  For Right to Ask, the applicant will be advised that there is no information to disclose. Reports can then be filed ensuring all safeguarding is in place.  

10.7. There may be concerns that relate to B’s current behaviour towards A within the disclosure application e.g. abusive or threatening behaviour. In this case, even though there is no recorded information held by the police or other agencies to disclose to the applicant, the applicant may still be contacted to talk about concerns over B’s current behaviour. This discussion should cover steps the applicant should take in relation to these concerns to safeguard A from the risk of harm posed by B. Safeguarding measures will be considered which could support A. This could include the application of a protection order, for example a Stalking Protection Order or referral to a MARAC.

10.8. If an officer believes there is malicious intent behind a request for disclosure, this will be clearly marked on the DA NCI. This will enable any future officers to see the reason why disclosure has not taken place, and factor this into any future decision making.

10.9. A decision on ‘concern’ or ‘no concern’ should be made within 10 days of the face-to-face meeting (Right to Ask) or Intelligence checks (Right to Know) having taken place.

11. Disclosure wording 

11.1. Disclosure wording must be proportionate, factual, and limited to what is necessary to enable safeguarding. There is a general presumption that details about a person’s previous convictions are confidential and police will only be disclosing convictions or indeed intelligence lawfully under the DVDS if:  

• We are able to show that it is reasonable to conclude that disclosure is necessary to protect the public from crime. In the context of this scheme, the police would have to conclude that disclosure to the applicant is necessary to protect them or a third person from being the victim of a crime;  
• that there is a pressing need for such disclosure; and interfering with the rights of the offender (under Article 8 of the European Convention of Human Rights) to have information about his/her previous convictions kept confidential, is necessary and proportionate for the prevention of crime (or in the interests of public safety or for the protection of morals or the rights and freedoms of others).  

11.2. Standardised DVDS wording templates shall be used wherever possible. 

11.3. The disclosure should be provided to the person(s) best placed to safeguard A. Whilst it is envisaged that the majority of disclosures will be made to A, it may not be appropriate to do so in all instances, for example where there are concerns about A’s mental capacity to understand the information being disclosed. The judgement of who to disclose to will be determined based on the information gathered as part of the DVDS process and subsequent risk assessments.

11.4. Disclosure wording will contain sufficient information to allow A to make an informed choice with regard to their relationship or contact with B. This should be detailed enough to be impactful but must not identify any previous victim of crime, or any child. Decisions around whether to disclosure juvenile offending should be based upon the current age of the subject and patterns of behaviour. 

11.5. Disclosure cannot include information about any offence that the subject is not aware of.

12. Making a disclosure 

12.1. Disclosure should be made within 28 days of the start of the process. Where there is no disclosure to be made, the decision should be recorded and the applicant updated within 28 days.  

12.2. Disclosure will be delivered via GoodSAM where appropriate. If this is deemed unsafe the disclosure should be delivered in person either at a police station or an external location e.g., home address. This decision is to be made by a Sergeant. In person disclosure may be deemed safer due to the disclosure being unexpected, or due to the risk that B may be present with A.

12.3. Disclosures must be delivered by police officers or designated police staff. 

12.4. Partner agencies (including social workers or IDVAs) may be present to support safeguarding, but must not deliver disclosures on behalf of police.

12.5. Disclosures must not be delayed due to partner availability (e.g. social workers, health professionals).

12.6. Safeguarding support should follow disclosure where required, but police action takes priority where risk is present. 

12.7. The exact form of words disclosed must be:  

• Recorded verbatim 
• Retained by Kent Police.  A must not be allowed to make copies or record the conversation. 

12.8. Upon disclosures being made the following information must be given to A:   the information disclosed must only be used for the purpose for which it has been shared i.e. in order to safeguard children:

• the person to whom the disclosure is made will be asked to sign an undertaking that they agree that the information is confidential and they will not disclose this information further;
• a warning should be given that legal proceedings could result if this confidentiality is breached. This should be explained to the person and they must sign the undertaking.

13. Decision-making authority and supervision

13.1.  Authority Level

• Sergeant rank (or police staff equivalent) is the required supervisory authority for:  
• Progressing DVDS cases; 
• Categorising cases as ‘Concern’ or ‘No Concern’; 
• Final decisions to disclose or not disclose. 

This reflects Home Office statutory guidance and national best practice. 

13.2.  Inspector Involvement

• Inspector oversight is not mandated and should be used by exception only, for example:  
• Potential legal challenge; 
• Significant public or organisational sensitivity. 

Routine elevation to Inspector level is not required and should be avoided to prevent unnecessary delay. 

14. Decision making ownership

14.1. Kent Police retains sole responsibility for DVDS disclosure decisions. 

• Multi‑agency forums, including MARAC or DVDS panels, may be used to inform risk assessment and safeguarding planning. 
• Panels do not act as decision‑making bodies and must not approve, refuse, or delay disclosures. 

The final disclosure decision always rests with Kent Police. 

15. Use of panels and multi-agency forums 

15.1. Appropriate Use 

Panels may be used: 

• In exceptional or complex cases where additional safeguarding insight is required; 
• To support multi‑agency risk management and safety planning. 

15.2. Inappropriate Use 

Panels must not be used: 

• As a routine step in DVDS processing; 
• As a condition precedent to disclosure; 
• To substitute police decision‑making.

Kent Police will not delay disclosure pending panel dates or partner availability where risk is identified. 

16. MARAC

16.1. MARAC will consider DVDS as standard for every case referred.

16.2. If DVDS RTK is thought to be required when conducting initial research, the MARAC team will create the NCI report on Athena and add relevant documents and research. If, at a later date, a DVDS if thought to be required through the MARAC process, the MARAC Manager can direct for this to be actioned and an NCI created.

16.3. Following the QA process IMU will allocate the NCI report to the DVDS team for review and for disclosure wording to be decided.

16.4. The DVDS team will either complete the disclosure via Goodsam or in person at the police station. If there is risk associated meaning that these options are not deemed safe, the reports will be allocated to RDAIT for disclosures to be completed face to face. 

17. Finalisation codes and recording

17.1 Approved Outcomes

To ensure consistency, Kent Police will use only the following finalisation codes: 

• DVDS – Disclosure
• DVDS – No Disclosure
• DVDS - Withdrawn

Local or bespoke outcome descriptions are not permitted. 

17.2 Governance and Audit 

All decisions must be: 

• Clearly recorded 

• Justified against risk and proportionality 

• Capable of withstanding internal, HMICFRS, ICO and judicial scrutiny .

18. Perpetrator management

19.1. All DVDS cases must trigger consideration of: 

• Serial perpetrator status (Priority Nominal consideration)  
• Referral to MAPPA, MARAC, IOM, or local DA perpetrator management frameworks where appropriate 

19.2. DVDS is a safeguarding and prevention tool and should contribute to longer‑term offender management. 

19. Review and compliance 

19.1. This policy will be reviewed periodically to ensure continued alignment with: 

• Home Office statutory guidance 

• College of Policing APP 

• HMICFRS recommendations 

19.2. Deviation from this policy must be justified and recorded. 

20. Applications that cross force boundaries 

20.1. It is recognised that there may be a number of enquiries that will span force boundaries. With this in mind, the following procedures will occur in line with these definitions:

• Receiving force - The force in which the applicant lodges their enquiry. This will in most cases be where they reside, but may be elsewhere (will only ever be one).
• Co-ordinating force – The force in which the applicant resides (if different to above and will only ever be one). The Co-ordinating force will be responsible for co-ordinating the work of other Forces in which the subject or victim reside.
• Responding force – The force in which any other party other than the applicant resides and who will be responsible for conducting appropriate enquiries.

20.2. It will be the responsibility of the applicant's home force to maintain liaison with the applicant and to make such disclosures to them as are considered appropriate.

20.3. Where as a result of enquiries it is decided to make a disclosure to a third party (for example the parents of children who were referred by a concerned-but-not-related applicant), the home force of that third party will be responsible for making the disclosure (as a responding force).

20.4. In all cases the co-ordinating force is responsible for oversight of the enquiry, co-ordinating the actions of the responding forces and maintaining the anticipated level of service with the applicant.

20.5. The responding force(s) are responsible for dealing with actions in relation to the victim /child/subject/third party that resides within their force area once informed about the enquiry by the co-ordinating force (i.e. actions specific to this process, actions relating to existing Safeguarding Children Procedures or where applicable actions relating to MAPPA).

21. Retention and disposal of records 

21.1. Guidance on the Management of Police Information 2006 details that records relating to offences against children should be retained as they may later be required to contribute to vetting and barring decisions for individuals who apply to work with children.

21.2. The National Retention Assessment Criteria / Review Schedule attached to MOPI details proposed retention timescales depending on the category of the offence.

22. Equality impact assessment

22.1. This SOP has been assessed with regard to all equality impact criteria and as part of the generic risk posed by domestic abuse has been assessed as high.

23. Monitoring and review 

23.1. Monitoring of this policy will be the responsibility of the Head of Crime. It is next due for review in August 2027.