Chapter C: Practice Guidance - Working with Families Affected by Domestic Abuse

Definition and Context:

It is recognised that there are currently a number of definitions of domestic violence. However, the agencies signed up to this document recognise that:

Domestic violence is any incident of threatening behaviour, violence or abuse (physical, psychological, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.

It can also include violence perpetrated by a son, daughter or any other person who has a close or blood relationship with the victim and be violence inflicted on, or witnessed by children. (Home Office, 2005)          

Domestic violence episodes can begin or escalate during pregnancy. Domestic violence can pose a threat to an unborn child(ren), because assaults on pregnant women frequently involve punches or kicks directed to the abdomen, risking injury to both mother and unborn child(ren).

Domestic abuse may have an impact on everyone who comes into contact with the family including workers who may feel threatened or fearful.  Supervision is vital to ensure workers keep a child focus and are aware of the potential for minimising or having an over-optimistic view of the potential for change.

The purpose of this guidance is to:-

• Complement the procedure and guidance in Recognising and Responding to Concerns about the Welfare of a Child Procedure: Deciding when to refer – domestic violence (paragraphs 2.10 - 2.39)
• Raise awareness about domestic abuse
• Ensure that those responding to domestic abuse see children’s needs as being paramount
• Set out roles and responsibilities of agencies who deal with domestic abuse
• Inform discussion through the domestic violence forum and Multi Agency Risk Assessment Conference (MARAC) process.

Chapter 3 of the PSCB Safeguarding Inter-Agency Procedures set out the process of referral and initial assessment.

The definition of harm from the Adoption and Children Act 2002 has been extended to include 'impairment suffered from seeing or hearing the ill-treatment of another'. Therefore, if Children's Social Care Services are aware of incidents of domestic violence, there is a duty to assess whether a child is suffering, or is likely to suffer, significant harm as a result of living in a household where domestic violence is present. 

Incidents of domestic abuse where children are present will often involve the Police or the Emergency Duty Team and either the perpetrator or the victim and child/ren may leave the home.  The referral should be made via the Referral and Assessment Team. The Duty Manager will make a decision about the most appropriate response. (There are also local protocols in place where the Police will inform the Safeguarding Specialist Nurse, where the children involved are under 5 or if a child/ren has sustained an injury, and the Head Teacher of the school where the child/ren attend.

The available information and risk factors known will be considerable such as:

• Whether a child is injured
• The number of previous incidents
• The age of the child/ren
• The injury to the adult
• Where the victim is pregnant is there a risk to the unborn child
• Whether a child is in the house but not directly involved

It should be remembered that the effects on children will be variable and will depend upon a range of factors including:

• What they see or hear
• The frequency of abuse
• The severity of the abuse
• Length of time it has been occurring
• The nature of the relationships
• Any external support
• The age of the child
• Their resilience
• Their gender
• The impact of the domestic abuse on the adult and how it has affected their ability to parent

Consideration may be given to initiating a Section 47 Enquiry if:-

• There is a clear injury to a child
• There are previous child protection concerns
• There is an emergency pattern of referrals and escalation  of domestic abuse incidents where there is a significant risk to the child/ren

The most effective intervention for ensuring safe and positive outcomes for children living with domestic violence is usually to plan a package of support that incorporates;

• Risk assessment   
• Trained domestic violence support
• Advocacy
• Safety planning (for the non abusing parent who is experiencing domestic violence)
• Protection and support for the child

Officers attending incidents of domestic abuse must comply with current force policy.

• To protect the victims of domestic abuse irrespective of age or sex
• To identify and protect children at risk within the families where domestic abuse is prevalent
• To take swift and positive action where a crime has been committed and an offender identified
• Ensure appropriate support for the victim(s)
• To identify cases of repeat victimisation and provide the necessary support and assistance

If there are children living in the household the police will:

• Make enquiries with the Force Control room to ascertain if there is any historical information linked to the address which identifies any of the children as being subject to a Child Protection Plan.
• Record details of all children living in the household and fully complete a Form 101 (only if a child has been injured or there is any other relevant child protection concerns) or otherwise all information on the Domestic Abuse Form only.
• Submit the form to the CDAIU prior to going off duty.
• The CDAIU will review the Domestic Abuse Form/Form 101 and notify Children’s Social Care of the incident who will record the notification on their database.

The Domestic Violence Advocates may be contacted via the Domestic Violence Co-ordinator.

Many victims do not leave their violent partner because they believe there is nowhere else to go.  They may also return to violent partners due to inadequate housing arrangements. There are, in fact, several options available:

1. Obtain a court order “Occupation Order” under the Family Law Act 1996 to remove the perpetrator.  Women who are concerned about their immigration status should seek advice from the Immigration Advisory Service before taking legal proceedings.
2. Staying with family or friends – the local authority should be informed immediately that this has resulted in homelessness.  Migrants to Britain contact the Immigration Advisory Service before contacting the housing department.
3. Women’s Refuge – referrals can be made via Samaritans, CAB, the Police, Children’s Social Care or Women’s Aid.
4. Privately rented or bought accommodation – the victim should be eligible to claim Housing Benefit for rented housing.
5. Traveller liaison officers within Housing Departments can be contacted for advice and availability of caravan sites within the district.  This may include information on private sites renting caravans or private letting agencies.  Rented caravan accommodation attracts housing benefit.
6. Sanctuary Scheme – The Sanctuary Scheme aims to help survivors of domestic violence to remain in their own home and feel safe.  This is in joint partnership with agencies including Fire and Rescue Service, Police, Housing Associations and the DV Advocacy service. The Scheme provides extra security to the survivor's property for example to windows and doors, lighting and alarms.  Also included is a reinforced fireproof door with lock on one room in the house providing a Sanctuary Room.  All applicants to the scheme are offered legal advice, as well as security to the property. The survivor will also receive ongoing support from Domestic Violence Advocacy Workers.

Councils have a duty to arrange housing for anyone who is homeless and is in priority need and is not intentionally homeless (Housing act 1996, Part VII, as amended by Homelessness Act 2002). They also have a duty to advise/assist the homeless and provide temporary accommodation.

Homelessness applies: 

• If a person tries to live in their accommodation and they may be at risk of violence from someone also living in it.
• If a person has no accommodation that can lawfully be occupied.
• If a person’s family who normally live with them are forced to live separately because they have no accommodation that can cater for the whole family.
• If a person has accommodation but cannot occupy it i.e. they are illegally evicted or are forcibly preventing from occupying it.

Priority need which may apply in the domestic abuse context:

• The person is vulnerable as a result of fleeing abuse.
• The person has children living with them or who would normally live with them.
• The person is pregnant or has someone living with them who is pregnant.
• The person is 16 or 17 years old and has previously been in ‘care’ and is by legal definition a former ‘relevant child’.
• The person or anyone who lives with them is vulnerable due to old age, mental or physical disability.

Councils sometimes accept that single women fleeing violence are in priority need if they are vulnerable.

Staff in Early Years settings need to be aware of the extremely high vulnerability of the children/young people in their care.

Staff should record concerns on a daily basis, if appropriate/necessary, according to PSCB guidance.  Details recorded could relate to:

• changes in the behaviour of the child/young person
• deterioration in the child's general well-being
• unexplained bruising, marks or signs of possible abuse/neglect
• factual observation, but not personal feelings or judgements about the child
  
  (unless these are relevant to the context, and are clearly indicated as opinion, e.g. 'Becky ran out of the playroom and hid in the toilets when her stepfather arrived.  She appeared to be frightened')
• drawings, play or other activities which lead to disclosure

Staff should record pre-existing injuries in the normal way.

Raising awareness with children through the curriculum should take place alongside the reinforcement of the protective ethos within school. 

A Domestic Violence Information Sharing Protocol has been established so that schools can be made aware when a domestic violence incident has occurred in the household of a child on their roll. Police will send information about domestic violence incidents to the Head Teacher. This will allow school staff to be understanding of any unusual behaviour and given that domestic violence is an important indicator of other forms of abuse they will be especially vigilant in reporting any further concerns to Social Care.

At present perpetrators of domestic abuse are identified at the point where a pre sentence report is requested. Such offenders are not usually suitable for general offending behaviour accredited programmes, requiring the more specific IDAP programme.

From January 2005 the legal definition of harm to children was extended to include the harm children suffer witnessing the ill treatment of another.

This amendment, contained in Section 120 of the Adoption and Children Act 2002, was in response to evidence that children can suffer serious long-term damage through living in a household where domestic abuse and abuse is taking place

Peterborough Women’s Aid (PWA) offers refuge accommodation and outreach provision in Peterborough. They are linked to the national refuge network via affiliation with Women’s Aid Federation of England (WAFE). 

• Any woman experiencing domestic abuse may refer herself, or be referred by any agency, for emergency accommodation or outreach support from PWA.  Women may also bring their children to the refuge.  The upper age limit for boys coming into the refuge in Peterborough is 14.  This does vary in different refuges and PWA will endeavour to secure alternative accommodation for boys aged over 14.  Professionals should be aware that refuge provision for local families may be sought in another part of the country, as it could be unsafe for the family to remain in the local area.  
• Refuge provision is available 24 hours a day; 365 days a year. As well as supporting women and children who have experienced domestic abuse, PWA Outreach Service can also offer help and advice to workers about how to approach individual cases, to maintain continuity of contact with a family.
  
  National Domestic Violence Helpline - 0808 2000 247 (24 hours)
  PWA - 08454 103 123 (24 hours)
  PWA Outreach Service - 01733 894455 (Mon-Wed, 9-5; Thurs 10.30 - 6.30)
  Drop in Thursday 11-1 at Womens Centre 69 - 71 Broadway, Peterborough

All women living in refuge are charged weekly rent. They must also pay a weekly charge to cover the cost of their personal consumption of electricity, gas, water etc.  For most women living in the refuge, their rent is covered by Housing Benefit and they pay their weekly personal charge from their own benefits.  However, women who work and women with no recourse to public funds may not be entitled to Housing Benefit. PWA workers can offer advice on any options open to them and women should not be discouraged from apply for refuge for this reason.

Professionals must also consider that a variety of other voluntary agencies can offer expertise and support in areas that may be related to domestic abuse.  These agencies could include Peterborough Rape Crisis Counselling Group (PRCCG), Victim Support, Peterborough Domestic Abuse Forum (PDVF), Citizens Advice Bureau, drug and alcohol agencies and organisations working with black and minority ethnic communities and new arrivals. 

PRCCG - 01733 843383 (Mon-Fri, office hours/24 hour answerphone)

Victim Support (via national victim care unit) - 0845 3899523

CAB - 08444 994120

Bridgegate - 01733 314551

Drinksense - 01733 555532

PDVF is a partnership of voluntary and statutory agencies that work together to provide effective and holistic services to people affected by domestic abuse.  The Forum is involved in a range of initiatives, including developing policies and guidelines, delivering training, raising awareness about domestic abuse and support services and undertaking research.  PDVF is proactive in bringing domestic abuse issues to the forefront across a range of services and agencies. 

The PDVF Co-ordinator can be contacted by professionals for advice and information on 01733 453487 - Mon-Fri, 9am-5pm. or by email at sue.chapman@peterborough.gov.uk

A vulnerable adult is defined in 'No Secrets' as:  

'a person aged 18 years or over, who is in receipt of or may be in need of community care services by reason of 'mental or other disability, age or illness and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation'. 

For the purpose of this guidance "community care services" will be taken to include all care services provided in any setting or context.

Abuse is defined in 'No Secrets' as the 'violation of an individual's human or civil rights by any other person or persons'.  

Abuse may consist of a single act or repeated acts.  It may be physical, verbal or psychological, an act of neglect or an omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented, or cannot consent.  It may also occur through deliberate targeting or grooming of vulnerable people and may be carried out by individuals or groups of individuals.  Abuse can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it.

Abuse may occur in any setting for example where a vulnerable person:

• Lives alone, with a relative, or other(s)
• Attends nursing, residential or day care settings
• Is in hospital or custodial situations
• Is receiving support services in their own home (supported housing)
• Is in other places previously assumed safe
• Is in a public place
• Is in education, training or a work place setting.

A consensus has emerged identifying the following main different forms of abuse:

• Physical
• sexual
• psychological
• financial or material abuse
• neglect and acts of omission
• discriminatory abuse
• domestic abuse and violence
• professional abuse
• institutional abuse

Abusive behaviour may be part of the accepted custom and culture within an organisation or an individual member of staff, or particular group of staff may carry it out.  The key risk factors for institutional abuse are:

• It is widespread within the setting
• It is repeated
• It is generally accepted, it is not seen as being poor practice
• It is sanctioned, it is encouraged or condoned by line managers
• It takes place in a setting where there is poor monitoring by senior management
• There are environmental factors (e.g. unsuitable buildings, lack of equipment, many temporary staff) that adversely affect the quality of care
• It is systematic e.g. factors such as a lack of training, poor operational procedures, poor supervision and management all encourage the development of institutionally abusive practice.

Significant harm

Definition - Can be taken to include not only ill treatment (including sexual abuse and forms of ill treatment which are not physical), but also the impairment of, or an avoidable deterioration in, physical or mental health; and the impairment of physical, intellectual, emotional, social or behavioural development.  (Source: 'Who Decides', Lord Chancellor's Department 1997).

The process of assessing significant harm will include consideration of the following factors:  

• The vulnerability of the adult according to the eligibility criteria of the National Health and Community Care Act 1990.
• The apparent impact of the abuse on the vulnerable adult.
• The risk of repetition or escalation of abuse involving increasingly serious acts or the extension of the abuse to other vulnerable adults or children under the age of 18.
• The degree of corroboration between the outcome of the assessment and the depth and conviction of the feelings expressed by the person reporting the alleged abuse.

If the assessment indicates that there are sufficient indicators of significant harm to the vulnerable adult, it is then necessary to evaluate if intervention is in the best interests of the vulnerable adult and/or in the public interest. 

Any or all types of abuse may be perpetrated as the result of deliberate intent, negligence or ignorance.