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

1. Summary of changes

1.1. This following amendment has been made to this standard operating procedure (SOP) in June 2024 - paragraph 3.7.7 updated. 

2. What this procedure is about

2.1. This SOP outlines the process through which Kent Police will operate the Domestic Violence Disclosure Scheme (referred to throughout as the DVDS) and should be read in conjunction with the relevant guidance.

Compliance with this SOP and any governing policy is mandatory.

3. Detail the procedure

3.1. This SOP applies to:

• all police officers
• special constables
• police community support officers
• police staff employees including those contracted through private finance initiatives

3.2. Introduction

3.2.1 On 25 October 2011, the government launched a consultation inviting views from the public on whether the protection of victims of domestic violence could be enhanced by the establishment of a national Domestic Violence Disclosure Scheme that had recognised and consistent procedures for disclosing information to enable new partners of previously violent individuals to make informed choices about how and whether they take forward that relationship. The consultation closed on 13 January 2012 and, having carefully considered the 259 responses received to the consultation, the Home Office announced that the Domestic Violence Disclosure Scheme would be tested in a one-year pilot from the summer of 2012 in four police force areas – Greater Manchester, Gwent, Wiltshire, and Nottinghamshire. The disclosure process will be tested within existing police legislative powers to share information and to ensure that appropriate risk assessments and safeguards are in place to accommodate the issues raised by this consultation.

3.2.2 The disclosure pilot was subject of an independent review. On 25 November 2013 the home secretary announced that a national rollout of the Domestic Violence Disclosure Scheme will take place in March 2014. Kent Police have operated the scheme since 8 March 2014.

The DVDS provides the following benefits:

• introduces recognised and consistent procedures for disclosing information that enables a partner (A) of a previously violent individual (B) to make informed choices about whether and how A takes forward that relationship with B
• focuses on disclosure and risk management where B is identified as having convictions (including cautions, reprimands and final warnings) for violent offences; and/or information held about B’s behaviour which reasonably lead the police and other safeguarding agencies to believe that B poses a risk of harm to A
• enhances the previous arrangements whereby disclosure occurred largely in a reactive way when agencies came into contact with information about an offender having a history of previous violence
• under “right to ask”, individual members of the public can now proactively seek information, with an expectation that the agencies responsible for safeguarding victims of domestic violence will check to see whether relevant information exists and if it does, that consideration will be given to its disclosure where necessary to protect the victim
• under “right to know”, where a safeguarding agency comes into the possession of information about the previous violent behaviour of a person (B) that may cause harm to another person (A), members of the public can now expect the safeguarding agency to consider whether any disclosure should be made and to disclose information if it is lawful, necessary and proportionate to protect the potential victim from further crime
• encourages individuals to take responsibility for safety of the victim

3.2.4 The DVDS has not introduced any new legislation. Therefore, 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.

3.2.5 The DVDS builds on existing procedures and has been established in order to provide a clear access for the public to raise concerns and be confident that action will follow. Existing procedures include:

• MARAC - see policy N07a
• HM government working together to safeguard children 
• Multi-agency Public Protection Arrangements (MAPPA) guidance 2012

3.2.6 MARAC, Safeguarding children and MAPPA procedures around making a disclosure remain unchanged. Disclosure must still be lawful and in particular, agencies must have the power to disclose the information in line with the Human Rights Act 1998 or 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).

3.2.7 Any unauthorised disclosure of information by officers or staff could result in disciplinary proceedings.

3.2.8 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 existing Domestic Abuse Policy (N07) response activated.

3.2.9 The key stages of the DVDS process are:

1. initial contact by applicant (form and initial checks completed within 24 hours as a maximum)
2. domestic abuse hub review
3. victim engagement officer (VEO) will complete the face-to-face interview (completed within ten days of initial contact) via the GoodSAM video software with consent. If no consent – the DA proactive team will complete the face-to-face interview
4. risk assessment (completed within five days of face-to-face interview
5. domestic abuse hub decision making stage – concerns/no concerns
6. disclosure (completed with 35 days of initial contact) via the VEO – utilising the GoodSAM video footage – if safe to do so

3.2.10 All applications under the DVDS will be managed by DA Hub. They will be managed by the DA hub sergeants who will review each application received by FCIR. They will complete relevant police database checks and instigate partner agency checks via agreed protocol. A specific non-crime incident will be created to document all enquiries, actions and decisions related to the application.

3.2.11 Face-to-face interviews will be conducted by the victim engagement officer (VEO) via GoodSAM video footage by consent – if no consent – DA proactive team will complete the face-to-face, DARA risk assessment will be completed along with appropriate safety advice and signposting to support services. All updates and actions will be noted in detail on the non-crime incident and returned to DA hub DI for risk review and multi-agency consideration of disclosure.

3.2.12 Disclosures will be allocated to the victim engagement officer via the GoodSAM video software. These disclosures will be recorded and risk assessment completed with the person at risk, this is to ensure they are safe, no one else is present and there are no tracking concerns raised by the person at risk. They will ask for the person at risk to walk around the property to check they are alone and read out the warning of disclosing the information with others.

There will be times for joint disclosures:

• where the case is open to Social Services (safeguarding children and vulnerable adults)

3.3. Definitions

3.3.1 Initial contact – the process by which a member of the public makes an enquiry with the police with regard to making a disclosure application. There are three methods of making initial contact - by telephone call; attendance at a police station or by completing the electronic form on the Kent Police website.

3.3.2 Application – those enquiries that go on to be processed as formal DVDS applications, excluding applications that are not ‘true’ disclosure scheme applications i.e. vetting and barring, malicious claims and intelligence gathering opportunities.

3.3.3 Applicant – the person making the application. Any person can make an application where they have concerns about their intimate partner. Interested third parties can make an application for disclosure in respect of a person known to them and about whom they have concerns. The disclosure, however, should only be made to a person who is in a position to use that information to safeguard themselves or the victim/potential victim. This will usually be the person at risk, or a parent, guardian or carer and may not always be the original applicant. The applicant must be made aware at the face to face stage 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.

3.3.4 Subject – the person whom the applicant is seeking information about, and about whom concerns have been raised.

3.3.5 Intimate relationship - means a relationship between two people which may be reasonably characterised as being physically and emotionally intimate.

3.3.6 Disclosure – means the act of disclosing information about the subjects convictions for violent offences and any other relevant information deemed necessary and proportionate to protect a potential victim from harm. The disclosure should only be made to the potential victim or a person who is in a position to use that information to safeguard the potential victim. This could include a parent, guardian or carer and disclosure to anyone else may, in any event, fall outside this scheme. The recipient of the information may not always be the original applicant.

3.3.7 Right to ask - The Domestic Violence Disclosure Scheme articulates two distinct entry routes that may lead to a disclosure being made. The first entry route – “right to ask” – is modelled closely on the existing Child Sex Offender Disclosure Scheme, and is triggered when a person makes a direct application to the police for information about a subject.

3.3.8 Right to know - The second entry route – “right to know” – is triggered when the police receive indirect information or intelligence about the safety of A and where, after appropriate checks are made, the police judge that a disclosure should be made to safeguard A. The launch of the scheme serves to re-invigorate this process which is already embedded in MARAC, MAPPA and safeguarding arenas.

Kent Police will operate the ‘right to know’ within already established multi-agency arrangements – MARAC, MAPPA, S47 and adult safeguarding.

3.4. Initial contact by applicant

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

3.4.2 Regardless of how initial contact is made, basic details will be obtained with regards to the applicant, the subject, any children involved and the nature of the concern and recorded on the initial contact form. Initial local intelligence checks in respect of PNC/Athena/Storm will be completed for the applicant and subject.

3.4.3 In all cases the applicant must be asked to supply a safe contact number or method of their choice.

3.4.4 A CAD will be raised, which will be tagged for the attention of – to the DA Hub. This initial action will be completed within 24 hours.

3.4.5 Electronic forms will be e-mailed to the DA Hub, written forms will be scanned and sent via email. The CAD will be endorsed to reflect the completion of the form and the format by which it has been relayed.

3.4.6 If immediate safeguarding concerns are identified at any point during the process or a crime is reported/evident, then action must be taken immediately and existing domestic abuse response activated. This includes safeguarding children procedures.

3.4.7 The applicant will be advised that an officer from the DA Hub will be in contact in order to arrange a face-to-face interview. The Victim Engagement Officer (VEO) will complete the face-to-face ID check via GoodSAM video software– if consent given.

3.4.8 If the informant wishes to remain anonymous they will not qualify for the disclosure scheme but the information given will be handled by way of an intelligence submission or via usual safeguarding children procedures if applicable.

3.5. Face-to-face interview

3.5.1 All applications received by the DA Hub will be reviewed by a detective sergeant, who will ensure all police database checks are completed and instigate partner agency checks via agreed protocol. A specific non-crime incident will be created (see section 12) to detail all parties, enquiries, checks and decisions in relation to the application. Applications will then be forwarded to the appropriate victim engagement officer who will allocate to the most appropriate officer to deal.

3.5.2 If the subject is a registered sex offender or managed within the MAPPA process the application will be managed by a VISOR officer.

3.5.3 Once allocated, the VEO will make contact with the applicant to arrange a face-to-face interview via the GoodSAM video software.

3.5.4 The purpose of this interview is to

• verify the identity of the applicant
• verify the relationship to the subject (including third party applications) - the relationship should be verified as far as possible to avoid false or malicious applications
• check the details obtained at the initial contact
• establish whether it is a genuine application
• complete DARA risk assessment ensuring that sufficient information is obtained to enable an informed decision to be made regarding disclosure or non-disclosure
• provide initial safety advice and signpost to relevant support services

3.5.5 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 and includes:

• passport
• driving licence
• other trusted form of photo identification
• birth certificate
• household utility bill (electricity, gas, council tax, water)
• bank statement
• child or other benefit book

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). The interview with the applicant will be recorded on the face-to-face interview form.

3.5.6 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.

3.5.7 No face-to-face interviews will be conducted in the presence or hearing of the subject. This is for the safety of the applicant, any relevant children and the interviewing officer.

3.5.8 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.

3.5.9 If any immediate risks are identified at this stage or a crime is reported/evident action must be taken immediately and existing domestic abuse response procedures should be followed.

3.6. Risk assessment

3.6.1 The risk assessment phase of the scheme, in relation to whether or not there are concerns, must be completed as soon as possible after the face-to-face meeting between the applicant and VEO via the Good SAM video software.

3.6.2 The stages of the risk assessment will include research, collation of information and the actual assessment of risk.

3.6.3 Research - On completion of the face-to-face interview, the DA hub supervisor will ensure that all checks have been completed (including PND, Visor, probation, CSC and IDVA). The DS will check that no fresh information has come to light since the initial review. Once the face-to-face is completed it will be sent to the DI on the DA hub for discussion at the multi-agency panel.

3.6.4 Agency checks with partner agencies will be completed by the VEO under agreed protocol.

3.6.5 All research must be fully documented on the non-crime incident.

3.6.6 Collation – all information will be assessed for its relevance against that application.

3.6.7 Risk assessment – the DA hub supervisor reviewing the risk must be satisfied that there is no immediate/imminent risk of harm to the potential victim 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. If there is no risk of immediate harm, the DA hub supervisor will conclude that there are either ‘concerns’ or ‘no concerns’ and the process will move to the decision stage.

3.6.8 The Disclosure Decision Making Guide form will be used to record the risk assessment and aid the disclosure decision process.

3.6.9 No disclosure will be made to the applicant at this stage.

3.7. Decision making stage – concerns/no concerns

3.7.1 Once the assessment of risk has been made, the DA hub supervisor will liaise with the DA hub DI in relation to whether there are “concerns” or “no concerns”.

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

• 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
• is a serial perpetrator of domestic violence; and/or
• there is intelligence known about the previous violent offending of the subject which may include – cases not proceeded with, intelligence concerning violent offences, previous concerning behaviour towards previous partners. This may include a pattern of behaviours that subject has exercised coercive control over previous partners. Note: the police may consider the impact of a spent conviction when conducting a risk assessment, regardless of the fact that the spent conviction cannot then be disclosed and/or
• there is concerning behaviour by subject demonstrated towards applicant. This may include a pattern of behaviours that indicate that exercising coercive control over applicant

3.7.3. If a “concern” occurs, the police must consider if representations should be sought from the subject to ensure that the police have all necessary information to make a decision in relation to disclosure. As part of this consideration, the police must also consider whether there are good reasons not to seek a representation, such as the need to disclose information in an emergency or seeking the representation might put applicant at risk.

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

• no convictions for an offence related to domestic violence that may be disclosed under the terms of the Rehabilitation of Offenders Act 1974;
  and/or
• there is no other intelligence that indicates that subject’s behaviour may cause harm to applicant; and/or
• there is insufficient intelligence or information to register a concern

3.7.5 Where the decision is that there are “no concerns”, the VEO officer who conducted the face-to-face interview will speak with the applicant via GoodSAM video software and advise them that there is no information to disclose given the information/details provided by the applicant and the result of checks made on these details. It is important that the applicant is told that just because there is no information this does not mean that there is no risk of harm to them or their child(ren) and that they should continue to take steps to safeguard themselves and their child(ren). This contact provides a further opportunity to confirm/advise around safety and signpost to support services where appropriate.

3.7.6 The non-disclosure letter will also be sent to the applicant by the VEO , if safe and appropriate to do so.

3.7.7 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.

3.8. Disclosure

3.8.1 Where the decision is that there are “concerns”, the process will move towards a multi-agency disclosure discussion. In this set of circumstances, where the case is already subject to or has been referred to formal multi-agency intervention or management – MARAC, MAPPA, child protection/safeguarding vulnerable adults – this forum will manage the disclosure discussion and decision under existing arrangements.

3.8.2 Where such intervention is not established or appropriate the disclosure discussions and decisions will be the responsibility of and chaired by the DA Hub DI. These meetings can be held remotely utilising Microsoft Teams, which will enable agencies to participate in the discussion whilst agile working.

3.8.3 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:

• they have the power to disclose the information. If they are relying on their common law powers, the police must be able to show that it is reasonable to conclude that such 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 (most  probably, violence committed by the subject of the request)
• 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 their 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 other)

3.8.4 Where a disclosure is deemed to be lawful, necessary and proportionate the recipient, exact wording and the justification for disclosure will be detailed in the non-crime incident by the DI/DS overseeing the application. The non-crime incident will then be returned to the officer that conducted the face to face meeting with the applicant.

3.8.5 It is recommended best practice that this disclosure meeting is made jointly with an IDVA so that the advice and support in relation to the disclosure can be managed appropriately. This will provide the applicant/carer with the confidence and relevant contact with other agencies for on-going support.

3.8.6 Before disclosure is made either about the subject’s convictions or other offending or intelligence, consideration should be given to whether it is necessary to inform the subject of the disclosure that it is taking place. The MAPPA meeting/safeguarding strategy meeting should make a decision on this when deciding whether disclosure should be made in line with existing protocols.

3.8.7 The Disclosure Stage form will be used to convey a disclosure. What the applicant is told should be recorded verbatim on this form and also on the non-crime incident. This form must be retained by the police and not left with the applicant in any circumstances.

3.8.8 If disclosure is made then it will be delivered via GoodSAM video software, unless it is unsafe to do so – the disclosure will allocated to the DA Proactive Team.

On disclosures being made the following warning will be given:

• that the information 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.

3.8.9 Further guidance can be obtained under the Home Office guidance.

3.9. Athena

3.9.1 On receipt of an application under the DVDS, an Athena non-crime incident will be created by CRU.

Right to ask:

• all DVDS requests 'Right to ask', from the public should be recorded under 'DOMESTIC VIOLENCE DISCLOSURE SCHEME (DVDS)' CCCJS Ref KENT 026
• there is no requirement for an incident marker to be added (other than consideration for DA/medium or high which is not currently added). 'DVDS - RIGHT TO KNOW' must not be added
• page 3 - MO details to have 'disclosure made' if appropriate

Right to know:

• All DVDS requests 'Right to Know', from the Police or MARAC should be recorded under 'DOMESTIC VIOLENCE DISCLOSURE SCHEME (DVDS)' CCCJS Ref KENT 026
• An incident marker of 'DVDS - RIGHT TO KNOW' must be added to page one

Page three - MO details to have 'Disclosure made' if appropriate.

SOP N05a crime recording details that Athena requires the same level of information for a non-crime incident as that required for recording a crime report. The details required to create the record are:

• date/time committed
• venue
• investigating officer
• STORM reference
• scene
• MO details
• report status
• involved party/victim details
• suspect nominal
• suspect vehicle
• crime enquiry log

3.9.2 For a non-crime incident created in relation to DVDS, the applicant and any child will be recorded as involved parties with the subject as the suspect nominal. All enquires will be recorded on this non-crime incident with the relevant completed forms managed as attachments.

3.9.3 There is a requirement that all decisions made as a result of this scheme are recorded in a format that would stand scrutiny of any formal review and that any relevant information coming to light as part of this process is shared as appropriate with all relevant agencies.

3.9.4 The non-crime incident will serve as a piece of valuable intelligence, which will be retrievable to all police forces via the PND system. It will allow any patterns where a subject has many disclosure requests made against them to be identified to help safeguard victims and their children.

3.9.5 Where a ‘Right to Know‘ disclosure is completed an incident marker “DVDS – Right to Know’ will be added to the NCI or crime report that prompted the referral to MARAC, MAPPA or S47 enquiry. Where disclosures are made in either pathway (Right to Ask or Right to Know) the MO section of the report will be updated with “disclosure made”.

3.10. Applications that cross-force boundaries

3.10.1. 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 -

3.10.2. 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).

3.10.3 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.

3.10.4 Responding force – the force in which any other party other than the applicant resides and who will be responsible for conducting appropriate enquiries.

3.10.5 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.

3.10.6 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).

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

3.10.8 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).

3.10.9 A non-crime incident report will be created for all applications that cross force boundaries.

3.11. Retention and disposal of records

3.11.1. 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.

3.11.2. The National Retention Assessment Criteria/Review Schedule attached to MOPI (appendix 4) details proposed retention timescales depending on the category of the offence.

4. Equality Impact Assessment (EIA)

4.1. 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.

5. Risk assessment

5.1. Police officers and police staff will adopt a generic risk assessment in line with the relevant procedure and in accordance with their individual roles.

6. Monitoring and review

6.1. Monitoring of this policy will be the responsibility of the Head of Protection of Vulnerable Persons command via the Governance and Scrutiny detective inspector HQ PPU. It is next due for review in March 2025.

7. Other source documents

• Home Office guidance on DVDS

8. Security

8.1. Kent Police has measures in place to protect the security of your data in accordance with our Information Management policy (Policy W1000 – Information Management).

9. Retention and disposal of records

9.1. Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy (Policy W1012 – Records Review, Retention and Disposal).