It can be a worrying time when your ex dates again or moves in with a new partner with the children, and it is natural to be suspicious. Whilst you must accept that your ex is moving on and is free to make her own judgments, it is fair to harbour concerns about your children’s safety. But can you do any checks on your ex’s new partner? And if so, how can this be achieved? Here, we find out.
It can be a worrying time when your ex dates again or moves in with a new partner with the children, and it is natural to be suspicious. Whilst you must accept that your ex is moving on and is free to make her own judgments, it is fair to harbour concerns about your children’s safety. But can you do any checks on your ex’s new partner? And if so, how can this be achieved? Here, we find out.
If you have concerns about your children and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What are the legal restrictions on private background checks?
There are several legal restrictions on conducting private background checks on individuals, particularly when it comes to personal privacy and data protection laws. The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) impose strict limitations on how personal data can be collected, processed, and shared.
Individuals are not legally allowed to carry out private checks on someone’s criminal record or other sensitive information unless they have the person’s explicit consent or a legitimate legal reason. For example, checks for criminal history are typically carried out by employers or agencies with proper authorisation, not by private individuals.
Background checks can also involve information on financial status, employment history, or previous addresses, which are protected under privacy laws. Any attempt to access this information without permission could be considered a breach of the individual’s privacy rights.
In certain cases, such as through Clare’s Law (Domestic Violence Disclosure Scheme), individuals can request information about a new partner’s history of domestic abuse, but this is handled by the police and requires appropriate procedures. Similarly, Sarah’s Law allows parents or guardians to request information about a person’s history of child sexual offences, but only under specific circumstances and following a police investigation.
Overall, while individuals may have concerns regarding the new partner of an ex, the law strongly protects personal privacy, and any checks or information retrieval should be carried out through proper legal channels.
There are predominately two schemes, namely Clare’s Law which became a national scheme in 2014, and Sarah’s Law which came into effect in 2011, which allows the police to check a named individual if they have contact with a child.
What does contact with a child entail?
Contact for these purposes means the person who is the subject of the check has sufficient access to a specific child to pose a real risk of harm. This could be if they:
- Live with the child
- Work in the child’s household
- Talk to the child online or over the phone
- Meet the child unsupervised through access to share common areas, such as gardens or corridors, or via a relationship with the child’s family
What is Sarah’s Law?
This law was developed in consultation with Sara Payne, whose 8 year old daughter, Sarah, was murdered by a convicted paedophile in July 2000. Anyone who wishes to find out if someone in contact with a child has a record of child sexual offences can use the scheme. Although grandparents and neighbours can use the scheme, it is mostly used by parents and guardians.
Sarah’s Law is available across all 43 police forces in the UK, but does not currently apply in Northern Ireland. The police will only disclose information if the person being checked has a record of child sexual offences or other offences that may indicate they pose a risk to the child. Any information will only be disclosed if the police believe it to be lawful, necessary, and proportionate in the interests of protecting the child from harm.
Applications can be made either in person at your local police station, or by calling 101. The police will assess if the person named in the application is a threat to the children based on the information it has in relation to previous child abuse convictions. If a risk of potential harm is identified, the police will give the information to those who are the child’s immediate care providers, such as a parent, carer, or guardian. It is important to be aware that disclosure may not always be given to the original applicant.
The subject of the application will not be notified unless a disclosure of information takes place. In which case, they will be informed that someone is going to receive a disclosure about them.
Does knowing about a new partner’s background have an emotional and psychological impact on children?
If children are aware of concerning elements, such as a history of domestic abuse or criminal behaviour, it can create anxiety and fear. Children may worry about their safety or feel unsettled by the idea of a new person being involved in their parent’s life.
The uncertainty surrounding a new partner can also be troubling. If the child does not know much about the new partner or if there is a sense of tension or secrecy, it can create feelings of confusion and insecurity. Children may not feel comfortable expressing their emotions or concerns if they sense their parent is protective of the new partner or unwilling to discuss the situation. This lack of transparency can lead to increased stress, impacting their overall well-being.
Children may also struggle with feelings of loyalty or divided affection. If the new partner’s background suggests negative traits, children may feel conflicted about forming a bond with them. If they perceive the new partner as a threat, it may make it harder to adjust to the changes in family dynamics.
Ultimately, children benefit from open communication and assurance of their safety. It is important for parents to address any concerns directly, create an environment where the child feels comfortable asking questions, and ensure that emotional well-being remains a priority.
What is Clare’s Law?
This law takes its name from Clare Wood, who was a victim of domestic abuse and murdered by her former partner. Unbeknown to Clare, her ex had a long history of violence against women and had served three prior prison sentences for abusing multiple women. Clare’s Law is composed of two elements: the right to ask, and the right to know. The first element gives members of the public the right to request information about a potential abuser, whilst the second lets police disclose this information under certain circumstances.
Requests for information on someone can be submitted to the police directly or via 101. The subject’s name will then be checked by a review panel to assess whether information can be disclosed. The police will contact the person making the request to discuss their concerns and decide whether it is appropriate for any additional information to be shared in order to protect the person who is in a relationship with the individual.
Police cannot disclose every aspect of someone’s criminal activity, and the scheme is limited to convictions involving violence. Information about non-violent offences such as fraud, theft, or motoring offences will not be disclosed.
What information do I need when asking for the check?
Within 10 days of asking for the check, the person making the request will need to attend a meeting to:
- Provide evidence of their identity and address; this could be a passport or driving licence, a utility bill or bank statement
- Provide evidence of their relationship to the child, such as their birth certificate or personal child health record (red book).
What are the international considerations for background checks?
When the new partner is from another country, performing a background check becomes more complex because of differences in legal systems, data protection laws, and the accessibility of criminal records across borders. Many countries have strict privacy laws that limit the ability of individuals or authorities in the UK to access sensitive personal information about foreign nationals.
For instance, in some countries, criminal records or abuse histories may not be publicly accessible, or the process to retrieve such information may be slow or cumbersome. Some countries do not allow background checks on individuals without their explicit consent, which can complicate matters when trying to assess the safety of a foreign partner.
International cooperation, such as through treaties or conventions, can sometimes facilitate the sharing of information, but these agreements are not universal. For example, the Hague Convention allows for certain international child abduction cases to be addressed across jurisdictions, but it does not necessarily cover the full range of background checks, especially for non-legal issues like personal history or relationships with children.
In addition, discrepancies in how different countries classify or report crimes can make it difficult to assess whether a person’s history in one country would be considered a risk in another. For example, acts of domestic abuse might not be as strictly prosecuted in some countries, making it harder to obtain clear data.
In these cases, working with international legal experts or private investigators specialising in cross-border checks can help navigate these complexities. The family court may also consider the practicalities of the situation, weighing the available evidence and any potential risks to the child in deciding on custody arrangements and the costs involved.
How long does it take to get a police check done?
It can take up to 28 days for the police to complete a check. If a child is in immediate danger, then the police will act straightaway before the check is finished.
Who will be told about the results of the check?
If the police find any relevant information, they will decide who needs to be told. This may not be you. Generally, it tends to be the people best placed to protect the child, such as the parent the child is living with. If it is safe to do so, the police will tell the person being checked that they are sharing information, which could include telling the person the name of the individual asking for the check. The police will talk to the applicant when making this decision.
Are there any other checks I could do?
It is important to keep in mind that unless you have real knowledge that your ex’s new partner may pose a risk to either them or the children, then you do not have any right to ask for any checks, nor should you. But if you have real concerns, you may consider doing your own checks via what is publicly available. This could range from doing a simple Google search to looking at company records, property data, and credit reports. You might discover from this they have a violent past, a history of bankruptcy, or are on the sex offenders register. Social media can also yield a huge amount of personal data.
Embarking on a background check on your ex’s new partner can create more problems than it solves, and it could ruin the relationship you have with your ex which may, in turn, affect your relationship with your children.
How does the court assess the safety of new partners in child disputes?
When assessing the safety of a new partner in child disputes, the court’s primary concern is the well-being of the child. The court will evaluate whether the new partner poses any potential risk to the child, particularly in cases where there is a history of abuse or criminal behaviour.
If there are concerns about the safety of a new partner, the court may request information such as criminal background checks or testimonies from professionals like social workers or psychologists. They will also consider whether the new partner has had any prior contact with the children and if there is a history of domestic violence or abuse.
The parent raising concerns can ask the court to consider the new partner’s background, and the court may investigate if necessary. In some cases, if there is a belief that the new partner’s presence could harm the child, supervised contact or other restrictions on overnight stays may be put in place.
Legal steps involve providing evidence of concerns, such as police reports or witness statements, and seeking a child welfare report. If the new partner is seen as a risk, the court may modify arrangements to protect the child’s safety, which could include restricting time with the other parent until the new partner’s involvement is assessed. Ultimately, the child’s welfare is always the deciding factor in these decisions.
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