27. Domestic Abuse and Stalking (updated 2021)

Disclosure

27.47 Decisions relating to disclosure are especially pertinent in relation to cases of domestic abuse and stalking.

27.48 All MAPPA offenders must be risk assessed to identify anyone who may be at risk of serious harm from them, including previous victims/partners, children and family members and a risk management plan put in place. Consideration must be given in each case to whether the disclosure of information about an offender to others should be made. The lead agency must review cases being managed at Level 1 in line with their policies and must consider disclosure as part of each review. For cases managed at Level 2 or 3, disclosure must be considered at every MAPPA meeting. All disclosures must comply with data protection legislation. For more information see Chapter 10 - Disclosure.

27.49 The Government has introduced a number of schemes designed to improve disclosure to the public, including the Domestic Violence Disclosure Scheme (DVDS also known as Clare's Law). Guidance on the DVDS is available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/575361/DVDS_guidance_FINAL_v3.pdf. These schemes do not change the law on disclosure but provide a framework for disclosure to take place. Although they often involve MAPPA offenders, these schemes are police schemes and operate independently of MAPPA. Referral to MAPPA should not delay a DVDS application. There may also be exceptional occasions when the risk to the victim or partner is so imminent that full disclosure of the individual's previous abusive behaviour is required immediately and therefore referral to DVDS may not be appropriate.

27.50 In all instances of disclosure the lead agency should put in place a contingency plan to support both the victim and the MAPPA managed individual in relation to any identified negative effects of disclosure.