5.7 Domestic Abuse – Trafford APPP Resource

CQC We and I Statements

Theme 3 – How the local authority ensures safety in the system: Safeguarding

We statement

We work with people to understand what being safe means to them as well as our partners on the best way to achieve this. We concentrate on improving people’s lives while protecting their right to live in safety, free from bullying harassment, abuse, discrimination, avoidable harm and neglect. We make sure we share concerns quickly and appropriately.

I statement

I feel safe and supported to understand and manage any risks.

TRAFFORD SPECIFIC INFORMATION

Trafford Directory – Domestic Abuse Services

1. Introduction
2. Domestic Abuse
3. Victims and Perpetrators of Domestic Abuse
4. Working with People where there are Concerns of Domestic Abuse
- 4.1 Carrying out assessments
5. Domestic Violence Disclosure Scheme
6. Professional Safety
7. Further Reading
- 7.1 Relevant chapter
- 7.2 Relevant information

1. Introduction

This chapter is a summary of the main parts of the Domestic Abuse Act. For further detail please see the Domestic Abuse Statutory Guidance (Home Office).

2. Domestic Abuse

2.1 Domestic abuse

The Domestic Abuse Act provides a definition of domestic abuse.

It is the behaviour of one person towards another where:

both people are aged 16 or over and are personally connected to each other (see Section 2.2); and
the behaviour is abusive.

Behaviour is defined as abusive if it consists of any of the following:

physical or sexual abuse;
violent or threatening behaviour;
controlling or coercive behaviour;
economic abuse;
psychological, emotional or other abuse.

It does not make any difference whether the behaviour is a single incident or consists of a number of incidents over a period of time.

Economic abuse is any behaviour by a person that has a negative impact on the other person’s ability to:

obtain, use or maintain money or other property (such as a mobile phone or car and also include pets);
buy goods or services (for example utilities such as heating, or food and clothing).

Under the Act, abusive behaviour towards a child who is under the age of 16 is considered child abuse, not domestic abuse (see Greater Manchester Safeguarding Children Partnership procedures) and children are also recognised as victims of domestic abuse if they see, hear, or experience the effects of the abuse, and are related to the victim and/or perpetrator of the domestic abuse, or if the victim and / or perpetrator have parental responsibility.

Domestic abuse also includes so called honour’ based abuse (see So-Called Honour-Based Abuse and Forced Marriage, The Crown Prosecution Service), forced marriage (see Forced Marriage, gov.uk) and female genital mutilation (see Female genital mutilation, gov.uk).

2.2 Personally connected

The Act introduced the term ‘personally connected’. This applies to people who:

are married to each other;
are civil partners of each other;
have agreed to marry one another or have a civil partnership (whether or not they are still planning to);
are or have been in an intimate personal relationship with each other;
have, or have had, a parental relationship in relation to the same child;
are relatives.

2.3 Controlling or coercive behaviour

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

Both coercive and controlling behaviour can apply to people who are no longer in a relationship, but who were previously.

3. Victims and Perpetrators of Domestic Abuse

The majority of domestic abuse is committed by men against women, however victims do not solely come from one gender or ethnic group. Men are abused by female partners, abuse occurs in same sex relationships, can be committed by young people against other family members or their own partners (teenage domestic abuse is the most common), as well as abuse of older relatives or those with physical or learning disabilities. Domestic abuse occurs irrespective of social class, racial, ethnic, cultural, religious or sexual relationships or identity.

4. Working with People where there are Concerns of Domestic Abuse

On average victims live with abuse for between 2 to 3 years before seeking help, and will experience 50 incidents of abuse before receiving effective help (see SafeLives).

Social work with adults who aree experiencing or at risk of domestic abuse should seek to:

support victims to get protection from abuse by providing relevant practical and other assistance;
identify those who are responsible for perpetrating such abuse, so that there can be an appropriate criminal justice response;
provide victims with full information about their legal rights, and about the extent and limits of statutory duties and powers;
support non-abusing parents in making safe choices for themselves and their children, where appropriate.

Professionals from any agency can receive a disclosure from a victim or perpetrator about domestic abuse, or have concerns that such behaviour may be taking place. All staff working with adults and families should, therefore, be familiar with signs of domestic abuse, and know how to respond to such any concerns.

Concerns about domestic abuse may also be reported by a member of the extended family, friend or neighbour for example. Such information must be responded to in accordance with the Safeguarding Adults Enquiries Process, Trafford Strategic Safeguarding Procedures.

Social workers in contact with adults who are threatening or abusive to them as professionals should be aware of the potential for that individual to be also abusive in their personal relationships. They should, therefore, assess whether domestic abuse may be occurring within the family environment.

4.1 Carrying out assessments

See also SafeLives: Resources for Identifying the Risk victims Face. This includes the Domestic Abuse, Stalking and Harassment (DASH) checklist.

When carrying out any assessments, social workers need to consider seeing the adult on their own, so they can ask whether they are experiencing, or have previously experienced, domestic abuse. This may include asking direct questions about domestic abuse and asking whether domestic abuse has occurred whenever adult abuse is suspected. This should be considered at all stages of assessment, enquiries and intervention.

When assessing domestic abuse and the needs of an adult living with domestic abuse, the following factors should be considered:

age and vulnerability of the adult;
the adult’s description of the effects of the abuse upon them;
frequency and severity of the abuse, how recent and where it took place;
whether there were any children or other adults who either witnessed the abuse or was in the property at the time;
any weapons used or threatened to be used;
whether the adult victim has been locked in the house or prevented from leaving;
has there been any actual or threatened abuse of animals used to threaten the adult;

The social worker should decide, based on the assessment and their professional judgement as to whether there is a threat to the safety of the adult or anyone else in the home environment. It the threat is imminent, the police should be contacted immediately by telephoning 999. If there is a non-imminent threat to the adult, the professional should raise a safeguarding enquiry (see Safeguarding Adults Enquiries Process, Trafford Strategic Safeguarding Procedures .).

The police are often the first point of contact for adults experiencing domestic abuse. However the Ambulance Service and hospital Accident and Emergency Departments may also often be involved as a first point of contact.

Social workers should ensure that they make a full record of all discussions and any actions taken including referrals to other agencies (see Case File Recording and Record Audit chapter).

Under the Domestic Abuse Act, the local authority has a duty to provide support to victims of domestic abuse and their children in refuges and other safe accommodation. In addition, all eligible homeless victims of domestic abuse automatically have ‘priority need’ for homelessness assistance.

5. Domestic Violence Disclosure Scheme

See also Domestic Violence Disclosure Scheme Factsheet (UK Government) Domestic Violence Disclosure Scheme factsheet (gov.uk) and GMP: Request Information Under Clare’s Law.

The Domestic Violence Disclosure Scheme (also known as Clare’s Law) is made up of two elements: the Right to Ask; and the Right to Know.

Under the Right to Ask, a person or relevant third party (for example, a family member) can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.

Right to Know enables the police to make a disclosure on their own initiative if they receive information about the violent or abusive behaviour of a person that may impact on the safety of that person’s current or ex-partner. This could be information arising from a criminal investigation, through statutory or third sector agency involvement, or from another source of police intelligence.

6. Professional Safety

It is important to assess any potential risks to social care staff, carers or other staff who are providing services to a family where domestic abuse is or has occurred. In such cases ,a risk assessment should be undertaken. Social care staff should speak with their manager and follow the local guidance for staff safety. Such issues should also be discussed during supervision (see Supervision chapter).