Abstract
This chapter examines the context and landscape of the wider regulation of the Domestic Violence Disclosure Scheme (DVDS) in England and Wales, and the role of a range of public bodies in the regulation of victim self-regulation. Particular consideration is given to the appearance of the DVDS in reports by the Independent Office for Police Conduct (IOPC). This chapter then builds up a set of nine key regulatory problems concerning the operation of Domestic Abuse Disclosure Schemes (DADS) in the UK. These regulatory problems in the UK DADS can be seen at the macro- (supra-national and national) level, more in relation to the legal governance of the DADS themselves, and at the meso- and micro-level (in relation to the local jurisdictional and institutional operation of such Schemes), where key issues exists around transparency, policy monitoring and multi-agency responsibilities.
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References
Bache, I., & Flinders, M. (2004). Multi-level governance and the study of the British state. Public Policy and Administration, 19(1), 31.
Baumeister, R. F., & Heatherton, T. F. (1996). Self-regulation failure: An overview. Psychological Inquiry, 7(1), 1–15.
Black, J. (2001). Decentring regulation: Understanding the role of regulation and self-regulation in a ‘post-regulatory world’. Current Legal Problems, 54(1), 103.
Black, J. (2005). The emergence of risk-based regulation and the new public risk management in the United Kingdom. Public Law, 512.
Black, J. (2007). Tensions in the regulatory state. Public Law, 58.
Bows, H. (2016). Will changing the focus from victim to perpetrator end domestic violence? The Conversation, 1 March. Retrieved March 1, 2016, from http://theconversation.com/will-changing-the-focus-from-victim-to-perpetrator-end-domestic-violence-55206
Braithwaite, J. (2002). Restorative justice and responsive regulation. Oxford University Press.
Braithwaite, J. (2014). Limits on violence; Limits on responsive regulatory theory. Law & Policy, 36(4), 432.
Cairney, P. (2012). Understanding public policy: Theories and issues. Palgrave Macmillan.
Crawford, A. (2006). Networked governance and the post-regulatory state? Steering, rowing and anchoring the provision of policing and security. Theoretical Criminology, 10(4), 449.
Duggan, M. (2012). ‘Using victims’ voices to prevent violence against women: A critique. British Journal of Community Justice, 10(2), 25.
Duggan, M. (2018a). ‘Idealising’ domestic violence victims. In M. Duggan (Ed.), Revisiting the ideal victim: Developments in critical victimology. Policy Press.
Duggan, M. (2018b). Victim hierarchies in the Domestic Violence Disclosure Scheme. International Review of Victimology, 24(2), 199.
Duggan, M., & Grace, J. (2018). Assessing vulnerabilities in the Domestic Violence Disclosure Scheme. Child and Family Law Quarterly, 2, 145.
Ericson, R. V., & Haggerty, K. D. (1997). Policing the risk society. Clarendon Press.
Fitz-Gibbon, K., & Walklate, S. (2017). The efficacy of Clare’s Law in domestic violence law reform in England and Wales. Criminology & Criminal Justice, 17(3), 284.
Garland, D. (1996). The limits of the Sovereign state strategies of crime control in contemporary society. British Journal of Criminology, 36(4), 445.
Grace, J. (2013). Privacy, stigma and public protection: A socio-legal analysis of criminality information practices in the UK. International Journal of Law, Crime and Justice, 41, 303.
Grace, J. (2018). Four years on: The postcode lottery of Clare’s Law. SIPS blog, 8 March. Retrieved April 14, 2018, from https://sheffieldinstituteforpolicystudies.com/2018/03/08/four-years-on-the-postcode-lottery-of-clares-law/
Halliday, S. (2013). The governance of compliance with public law. Public Law, 312.
Hamilton, F. (2020). David Thompson: Free police from handling some domestic cases, suggests chief. The Times, October 29.
Hancher, L., & Moran, M. (1998). Organizing regulatory space. In R. Baldwin, C. Scott, & C. Hood (Eds.), A reader on regulation. Oxford University Press.
HMIC. (2015). Building the picture. Her Majesty’s Inspectorate of Constabulary, July.
HMICFRS. (2019). The police response to domestic abuse: An update report. [online]. Retrieved March 31, 2021, from https://www.justiceinspectorates.gov.uk/hmicfrs/wp-content/uploads/the-police-response-to-domestic-abuse-an-update-report.pdf
Home Office. (2013). Domestic Violence Disclosure Scheme (DVDS) pilot assessment. Home Office.
Home Office. (2014). Multi-agency working and information sharing project: Final report. Home Office.
Independent Office for Police Conduct. (2018, January 7). Investigation into the handling of a domestic violence case – Northamptonshire Police. March 2017. Retrieved July 14, 2021, from https://www.policeconduct.gov.uk/recommendations/investigation-handling-domestic-violence-case-northamptonshire-police-march-2017
Independent Office for Police Conduct. (2019). Complaints regarding police actions and decisions before a woman is found dead – Staffordshire Police. February 2017. Retrieved March 31, 2021, from https://www.policeconduct.gov.uk/recommendations/complaints-regarding-police-actions-and-decisions-woman-found-dead-staffordshire
Independent Office for Police Conduct. (2020a, June 3). Response to request for a domestic violence disclosure check – Wiltshire Police. April 2019. Retrieved June 30, 2020, from https://policeconduct.gov.uk/recommendations/response-request-domestic-violence-disclosure-check-wiltshire-police-april-2019
Independent Office for Police Conduct. (2020b). Force accepts learning after investigation into contact with Derbyshire woman stabbed by her ex-partner. Retrieved March 31, 2021, from https://www.policeconduct.gov.uk/news/force-accepts-learning-after-investigation-contact-derbyshire-woman-stabbed-her-ex-partner
Lienen, C. (2018). Common law constitutional rights: Public law at a crossroads? Public Law, 649.
McCarthy, M., Hunt, S., & Milne-Skillman, K. (2017). ‘I know it was every week, but I can’t be sure if it was every day: Domestic violence and women with learning disabilities. Journal of Applied Research in Intellectual Disabilities, 30(2), 269.
Ministry of Justice. (2020). Domestic abuse policy framework, April.
Nash, M. (2010). The politics of public protection. In M. Nash & A. Williams (Eds.), Handbook of public protection. Willan.
Police Scotland. (2015). Disclosure Scheme for Domestic Abuse Scotland (DSDAS) – Standard operating procedure. Author copy, obtained via a freedom-of-information request in 2017.
Purshouse, J. (2018). Non-conviction disclosure as part of an enhanced criminal record certificate: Assessing the legal framework from a fundamental human rights perspective. Public Law, 668.
Queensland Law Reform Commission. (2017). Domestic Violence Disclosure Scheme, Report No. 75, June. Retrieved June 23, 2020, from http://www.qlrc.qld.gov.au/__data/assets/pdf_file/0010/541189/qlrc-report-no-75.pdf
Robbins, R., McLaughlin, H., Banks, C., Bellamy, C., & Thackray, D. (2014). Domestic violence and multi-agency risk assessment conferences (MARACs): A scoping review. The Journal of Adult Protection, 16(6), 389.
Sanders, A. (2008). Can coercive powers be effectively controlled or regulated?: The case for anchored pluralism. In E. Cape & R. Young (Eds.), Regulating policing: The police and criminal evidence act 1984 – Past, present and future. Hart.
Shaw, D. (2020). Domestic violence prevention work ‘should focus on offenders’. BBC News, 21 January. Retrieved July 18, 2020, from https://www.bbc.co.uk/news/uk-51177628
Stevens, E. (2015). Safeguarding vulnerable adults: Exploring the challenges to best practice across multi-agency settings. The Journal of Adult Protection, 15(2), 85.
Taylor, M. (2012). Genetic data and the law: A critical perspective on privacy protection. Cambridge University Press.
University of Glasgow. (2015). Audit of the disclosure scheme for domestic abuse (Scotland), September. Author’s copy obtained via freedom-of-information request.
Westmarland, N. (2015). Violence against women: Criminological perspectives on men’s violences. Routledge.
Williams, F. (2018). Clare’s Law: The women who risk their lives by refusing information. BBC News, 29 November. Retrieved June 19, 2020, from https://www.bbc.co.uk/news/uk-england-42920020
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Grace, J. (2022). Domestic Abuse Disclosure Schemes in a Complex ‘Regulatory Space’. In: Domestic Abuse Disclosure Schemes. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-89039-1_6
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