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Mar 11, 2014 · Statutory guidance sets out what schools and local authorities must do to comply with the law. You should follow the guidance unless you have a very good reason not to.
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- Ministerial foreword
- Executive summary
- Chapter 1 – Objectives
- Chapter 2 – Understanding domestic abuse
- Chapter 3 – Recognising domestic abuse
- Chapter 4 – Impact of domestic abuse
- Chapter 5 – Different experiences, needs and related considerations
- Chapter 6 – Agency response to domestic abuse
Domestic abuse is cruel and complex, and can affect anyone, leaving physical and emotional scars that can last a lifetime. The 2019 to 2020 Crime Survey for England and Wales (CSEW) estimates that 2.3 million adults aged 16 to 74 in England and Wales experienced domestic abuse in the previous year, the majority of whom were female. [footnote 1]
We know that far too many individuals have their lives destroyed by domestic abuse. However, for so many, their experience of abuse has been stigmatised, diminished, or worse still, ignored. We also know domestic abuse has a devastating impact on children and young people. Growing up in a household of fear and intimidation can impact their health, wellbeing, and development, with lasting effects into adulthood. We need to build a society that has zero tolerance towards domestic abuse, and actively empowers victims, communities, and professionals to confront and challenge it, and provide victims of domestic abuse, including children, with the support they deserve. That is why the government is committed to transforming the response to this terrible crime, seen through the introduction of the landmark Domestic Abuse Act 2021 (‘the 2021 Act’) and this accompanying statutory guidance. The 2021 Act is expected to help millions by strengthening the response across all agencies - from the police and courts to local authorities and service providers. It provides further protections for those who experience domestic abuse, and enhances measures in place to bring perpetrators to justice.
Anyone can be a victim of domestic abuse, regardless of sex, gender reassignment, age, ethnicity, socio-economic status, sexuality, or background. The 2021 Act introduces a statutory definition of domestic abuse, and together with this statutory guidance, provides clear case studies of what abuse looks like. Too often domestic abuse is spoken about in relation to those who are ‘high risk’ cases, but for many victims, the abuse they suffer is secret, it is subtle, and it is sustained.
This guidance has been subject to extensive engagement with experts from the sector, independent Commissioners, academics, and those on the frontline. We especially acknowledge and thank the organisations within the domestic abuse sector who collaborated with officials in drafting this guidance, providing feedback and looking at each section in detail in the development stages. We also thank everyone who responded during the consultation stage sharing their comments, insights and experiences to assist in finalising this document.
For as long as domestic abuse exists, support for victims must exist, and for those working to protect victims, this guidance will help ensure that we are all playing our part in tackling this abhorrent crime.
Secretary of State for the Home Department: The Right Hon Priti Patel MP
Purpose and legal status
This statutory guidance is issued under section 84 of the Domestic Abuse Act 2021 (‘the 2021 Act’). It is intended to increase awareness and inform the response to domestic abuse. It also conveys standards and promotes best practice. Section 84(4) of the 2021 Act requires persons exercising public functions, to whom the guidance relates, to have regard to the guidance in the exercise of those functions. Some organisations may also have specific statutory duties to safeguard victims of domestic abuse. This guidance should therefore be read in conjunction with other relevant guidance and codes of practice, several of which are signposted within the document. This guidance focuses on support for victims. Not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a ‘victim’ and other terms may be preferred such as ‘survivor’. We recognise both terms, however, the guidance predominantly uses the term ‘victim’ to be consistent with the terminology of the 2021 Act.
Audience
This statutory guidance is aimed at organisations working with victims, perpetrators and commissioning services, including the police, local authorities, and the NHS. It is also of relevance to organisations dealing with consequences of domestic abuse such as employers and financial institutions. A non-exhaustive list of who this guidance is intended for is set out below: English and Welsh local authorities police forces and police and crime commissioners (PCCs) the Crown Prosecution Service (CPS) Children and Family Court Advisory and Support Service (Cafcass) and Cafcass Cymru services for forms of violence against women and girls including any specialist domestic abuse services (including services serving men and boys) local housing and homelessness teams, registered social landlords early years, childcare, schools, colleges, and higher education settings adult social care and children’s social care providers NHS England and NHS Improvement (from 2022, NHS England) clinical commissioning groups (from July 2022, Integrated Care Boards) integrated care partnerships (from July 2022) NHS Trusts, NHS Foundation Trusts employers HM Prison and Probation Service HM Courts and Tribunals Service youth offending services Jobcentre Plus financial services (banks, building societies etc.) community and faith groups (including faith leaders) The guidance applies to England. It applies to Wales insofar as it relates to matters in Wales that are reserved to the UK Government – this is primarily policing, and criminal, civil and family justice. In Wales, it is aimed at persons exercising public functions relating to these matters and devolved Welsh authorities must have regard to this guidance in respect to these matters. All organisations in Wales should refer to the relevant Welsh legislation and associated guidance in respect to devolved matters, such as the Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (‘the 2015 Act’) and its associated guidance. We expect those carrying out devolved and non-devolved functions to continue to work together to implement the purposes of both the 2015 Act and the 2021 Act where relevant and appropriate. Box 1.1: Domestic Abuse Act 2021 statutory guidance As per section 84(2) of the Domestic Abuse Act 2021, this guidance sets out: (a) the effect of sections 1 and 2, which define “domestic abuse” and “personally connected” including guidance as to particular kinds of behaviour that amount to domestic abuse; and (b) the effect of domestic abuse on children. Under section 84(4), a person exercising public functions to whom guidance is issued must have regard to it in the exercise of those functions. Beyond this, the guidance provides wider information about research and existing operational duties, frameworks and structures to help inform professionals’ response to domestic abuse, support multi-agency working, and encourage best practice. While the whole guidance should be followed, please note that where: a. ‘must’ or ‘has/have a duty to’ is used, it reflects legal obligations, including the Domestic Abuse Act 2021 and other legislation. b. ‘should’, ‘may, ‘can’, or ‘could’ are used, the guidance is to be followed wherever possible, and indicates best practice.
Structure
The guidance is broken down into seven chapters: Objectives Understanding domestic abuse Recognising domestic abuse Impact of domestic abuse Different experiences, needs and related considerations Agency response to domestic abuse Multi-agency response to domestic abuse Each chapter is presented with an introductory box setting out what it covers. Case studies help illustrate some of the subject matter described. The case studies that concern the experiences of victims have been anonymised to help protect their identities. They present examples and are not intended to be exhaustive or representative of the experiences of abuse that can be encountered by any group of individuals, or of any form of abuse that they relate to. Annexes are included at the end of the guidance. These signpost the range of support available for victims (Annex A), define acronyms used within the document (Annex B), highlight further guidance available to support frontline professionals (Annex C), and summarise different protective orders which can be issued (Annex D).
This chapter covers:
•the objectives of the Domestic Abuse Act 2021 – promoting awareness, protecting and supporting victims, holding perpetrators to account, transforming the justice response and improving performance
This chapter covers:
•background on domestic abuse, and our understanding of it, as set out in data and evidence informed by feedback from victims
•the statutory definition of domestic abuse introduced by the Domestic Abuse Act 2021, set out in detail
•key ‘types’ of abuse, expressed as different relationship contexts, including: intimate partner abuse, abuse within teenage relationships, abuse by family members and child-to-parent abuse
This chapter covers:
•descriptions and examples of a range of abusive behaviours to help with identifying domestic abuse, including physical abuse, violent or threatening behaviour, sexual abuse, controlling or coercive behaviour, harassment or stalking, economic abuse, verbal abuse, technology-facilitated abuse, abuse relating to faith, and ‘honour’-based abuse.
•different tactics that may be used by perpetrators
36. Domestic abuse can encompass a wide range of behaviours. It can but does not have to involve physical acts of violence and can include threatening behaviour, controlling or coercive behaviour, emotional, psychological, sexual and/or economic abuse. Domestic abuse can involve abuse facilitated and perpetrated online or offline. It is widely recognised that the perpetrator’s desire to exercise power and control over the victim is at the centre of abusive behaviours. Many victims will experience abusive behaviours simultaneously, perpetrators may demonstrate a wide range and use different tactics to gain power and control.
This chapter covers:
•the impact of domestic abuse on victims - including on physical and mental health, stability and livelihood, which can be interlinked and cumulative
This chapter covers:
•giving consideration to personal characteristics (including protected characteristics) and situational characteristics in domestic abuse cases.
146. As outlined in ‘Chapter 3 – Recognising Domestic Abuse’, individuals can be the victims of multiple and different abusive behaviours. It is important to consider the different protected characteristics and related experiences of victims, and how these may intersect and overlap particularly in relation to accessing services and support if they are not adequately designed to meet specific needs. Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation are protected characteristics under the Equality Act 2010. Other factors, such as an individual’s immigration status or socio-economic position can also impact access to services. The impacts of abuse can be compounded, for example, where victims face multiple disadvantages.
147. Commissioners, service providers and statutory agencies should consider different experiences, needs and voices when developing their responses to both adult and child victims, to fully identify the experiences of all victims, vis-à-vis the abusive behaviour they are subject to and ensure that services are provided to victims without discrimination. Under the Code of Practice for Victims of Crime (‘the Victims’ Code’) all victims have the right to be offered support when they report a crime to the police and to be referred to services that support victims. The offer of support should be based on the victim’s needs and all services should be offered without discrimination of any kind. For further information on the Victims Code see ‘Chapter 6 – Agency Response to Domestic Abuse’.
148. As outlined in ‘Chapter 4 – Impact of Domestic Abuse’, there are many practical and psychological barriers that victims may face when accessing support, including for example: feelings of shame or guilt, fear of what the perpetrator will do to them, or a belief that the situation might get better.
149. Other factors that can create additional barriers to a victim accessing support are listed below:
Identifying and responding
223. This chapter outlines the role of individual agencies in responding to domestic abuse. It often takes victims of domestic abuse a significant period of time to seek effective help from agencies. [footnote 140] Further to this, victims of domestic abuse with protected characteristics (as defined by section 4 of the Equality Act 2010) may face additional barriers to accessing support. [footnote 141] Children and young people may also face different or additional barriers to disclosing their abuse. [footnote 142] See ‘Chapter 4 – Impact of Domestic Abuse’ and ‘Chapter 5 – Different experiences, needs and related considerations’. 224. Given that less than 1 in 5 victims report their abuse to the police [footnote 143], many victims of domestic abuse do not come into contact with the criminal justice system. It is therefore important that a wide range of agencies and bodies are able to identify victims and know how to provide the right response. Early intervention by the voluntary sector and statutory agencies working together can help to protect adults and children from further harm, as well as preventing escalation and recurrence of abuse. 225. Public agencies should invest in awareness raising, specialist training and systems change within their services to ensure that victims receive effective and safe responses and that information about their services reach the range of different communities and protected groups in their areas. 226. Where a criminal offence is being investigated, victims of domestic abuse will be treated as victims of crime under the Victims’ Code in England and Wales. The Victims’ Code sets out the services, and the standard for these services, that must be provided to victims of crime by relevant organisations. The rights extend to a parent or guardian of the victim if the victim is under 18 years of age, or a nominated family spokesperson if the victim has a mental impairment or has communication needs including where this has arisen as a result of the offence. Which rights apply is circumstance dependent (such as reporting to the police or identifying a suspect who is subsequently charged) however all victims are entitled ‘to be able to understand and to be understood’, ‘to be referred to services that support victims and have services and support tailored to their needs’ and ‘to make a complaint about their rights not being met’. Further information can be found in the Victims’ Code published by the Ministry of Justice. Government intends to place the key principles of the Victims’ Code into law in the Victims Bill. 227. Annex A presents a non-exhaustive list of agencies that victims of domestic abuse and their families may come into contact with. The information sections below are to assist those organisations exercising public protection duties and frontline professionals so they can identify all the victims of the abuse, including children and young people, and ensure that they receive support and protection tailored to their particular needs. 228. It is essential that agencies identify and respond to all forms of abuse and all victims. Given the complex nature of domestic abuse, a multi-agency response is critical to identifying victims and their families at an early stage and before abuse reaches a crisis point. This is in addition to understanding the necessary precautions and response for crisis and risk management including cohesive understandings of safeguarding needs by all relevant professionals. For details see ‘Chapter 7 – Multi-Agency Response to Domestic Abuse’.
Risk assessment
229. Professionals who are trained to do so can use tools such as the Domestic Abuse, Stalking and Harassment (DASH) risk assessment to help identify the level of risk an individual is facing and to tailor their support accordingly. [footnote 144] The DASH risk tool is not a definitive assessment of risk but provides for the identification and assessment of risk based on structured professional judgment. Professionals using this, or other risk assessment tools, should be alert to the risk to children as well as adults. It is essential to identify changes, such as escalation in severity and / or frequency of abuse. 230. Risk assessments should holistically encompass specialist professional judgement, survivor perceptions of risk, along with additional indicators relevant to minority groups. [footnote 145]
Responding to children and young people
231. In responding to cases of abuse involving those under 18, child safeguarding procedures should be followed as set out in the statutory guidance document, Working Together to Safeguard Children (2018). Children and young people can experience different forms of abuse, see ‘Chapter 2 – Understanding Domestic Abuse’. Professionals should be mindful that young people may be reluctant to discuss relationships or their concerns around abuse with adults. Additionally, young people may be particularly ill-equipped to deal with certain practical challenges, such as moving home to escape the abuse or managing their own finances. 232. Young people experiencing or perpetrating abuse in their own relationships need to be supported in a way that is tailored to their needs, although they may often have to rely on specialist services designed for adult victims [footnote 146] that are not always appropriate. It is vital that young people who experience domestic abuse within their own relationships are referred through a multi-agency risk assessment. 233. Children and young people should be offered support based on their individual needs, with a range of interventions, so that each child is able to access the specialised help they require. This could include access to psychoeducational support, therapeutic services (for example, counselling) or specialist children’s victim support workers or an Independent Domestic Violence Adviser (IDVA) who is able to work with children and young people. A strengths-based approach to recovery, building on ‘the resilient blocks in the child’s life’, has been shown to be effective in interventions for children. [footnote 147] 234. Professionals should be equipped to identify and respond to children and young people experiencing domestic abuse, drawing on the range of support available, from early intervention to crisis stage. Best practice responses involve an integrated response which combines child safeguarding and high-risk domestic abuse expertise, particularly in relation to risk assessment and safety planning. Further details on responding to young people experiencing abuse can be found in the SafeLives Practice Briefing, Respect Guidance ‘Work with young people’s violence and abuse’ and Women’s Aid Good Practice Guidance for specialist services for children and young people. 235. Professionals should recognise the dynamics, impact, and risk when responding to cases of child-to-parent abuse. This may include, commissioning specialised local child-to-parent abuse services or embedding staff, within a multi-agency ‘front door’ referral system, who are trained to identify and respond appropriately to both the child and the parent victim. It is important that a young person using abusive behaviour against a parent or family member receives a safeguarding response, which should include referral to a Multi-Agency Safeguarding Hub or local equivalent in the first instance where a parent advocate may attend, followed by referral to Multi-Agency Risk Assessment Conference if necessary, regardless of whether any police action is taken. 236. The Home Office intends to publish later this year updated guidance on child-to-parent abuse. This guidance will include the recommended responses by police, health professionals and social workers. 237. A trauma-informed response requires service providers to recognise the signs and impact of trauma and to view people’s difficulties through a ‘trauma lens’, recognise the increased likelihood of disengagement from standard services and the need for trauma-specific services that take into account the need for relational trust and collaboration to be at the centre of intervention. [footnote 148] Trauma-informed practice seeks to address the barriers that those affected by trauma can experience when accessing care and services and the role of such practice in early intervention and prevention can be crucial. 238. For information on working across agencies to respond to children experiencing domestic abuse see the section ‘Multi-agency working to safeguard children’.
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May 10, 2013 · These Rules have in common with statutory guidance that they emanate from the executive, and are not legislation. They go further than statutory guidance in that they are “presented to Parliament” under the primary statute, rather than simply deriving their authority from it.
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The Equality Act (EqA) statutory Guidance and Codes of Practice, linked off my Statutory guidance and Codes of Practice page, cover the meaning of ‘disability’, and discrimination as regards employment and services.
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