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2.4 Domestic Abuse - Specific Guidance

SCOPE OF THIS CHAPTER

This chapter should be read in conjunction with chapter Guidelines Supporting People who may be experiencing Domestic Abuse Procedure. This chapter was amended in May 2011.


Contents

  1. What is Domestic Abuse?
  2. Safeguarding and Domestic Abuse
  3. The Law relating to Domestic Abuse
  4. Related Reading


1. What is Domestic Abuse?

1.1

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

(Core definition agreed by the Government Inter-Ministerial Group on domestic violence)

1.2

 All forms of abuse cause damage to the survivor, particularly to their self -esteem, and express an imbalance of power in the relationship.  Abuse can on rare occasions happen once, but usually it is a systematic repeated and often escalating pattern of behaviour by which the abuser seeks to control, limit and humiliate, often behind closed doors.
1.3

Physical

For example, hitting; slapping; burning; pushing; restraining; giving too much medication or the wrong medication; assault with everyday implements such as kitchen knives; kicking; biting; punching; shoving; smashing someone's possessions; imprisoning them; or forcing them to use illegal drugs as a way of blackmailing and controlling them.
1.4

Psychological

For example, shouting; swearing; frightening; blaming; ignoring or humiliating someone; blackmailing them; threatening harm to children or pets if they misbehave; ridiculing every aspect of their appearance and skills; keeping them deliberately short of sleep; being obsessively and irrationally jealous; keeping them isolated from friends and family; threatening suicide or self-harm.
1.5

Financial

For example, the illegal or unauthorised use of someone's property, money, pension book or other valuables; forcing them to take out loans; keeping them in poverty; demanding to know every penny they spend; refusing to let them use transport or have money to pay for it.
1.6

Sexual

For example, forcing someone to take part in any sexual activity without consent e.g. rape or sexual assault; forcing them or blackmailing them into sexual acts with other people; forcing children to watch sexual acts; sexual name-calling; imposition of dress codes upon a partner; involvement in the sex trade or pornography; knowingly passing on Sexually Transmitted Infections; controlling access to contraception.
1.7

Spiritual

For example' telling someone that God hates them; refusing to let them worship (e.g. not allowing partner to go to church); using faith as a weapon to control and terrorise them for the abuser's personal pleasure or gain; using religious teaching to justify abuse (e.g. submit to your husband), or to compel forgiveness.
1.8

Neglect

For example, depriving someone of food, shelter, heat, clothing, comfort, essential medication or access to medical care.


2. Safeguarding and Domestic Abuse

2.1

Domestic abuse becomes a safeguarding matter if:-

  • There are children living in the household;
  • There are children regularly visiting the household ,for example for contact
  • The victims lacks capacity;
  • The victim is a vulnerable adult;
  • The victim is dependent upon their partner for care.
2.2

In any of the above scenarios the National Safeguarding Procedures of the Catholic Church of England and Wales should be followed, specifically the "How to Respond to Concerns and Allegations". (Children and Young People Procedure) and (Vulnerable Adults Procedure).
2.3

In all other scenarios the individual subject to domestic abuse should expect to receive a sensitive and consistent pastoral response.

(Please see Guidelines Supporting People who may be experiencing Domestic Abuse Procedure)


3. The Law relating to Domestic Abuse

3.1 Research suggests that people subject to violence within their home usually try to resolve the problem within the private sphere. Going public to seek help is often the last resort and requires a significant degree of courage.
3.2 There has been understandable reluctance in the past by agencies such as the Police and Adult Social Care and/or Children's Social Care  to actively intrude into private households. This is in part due to not acknowledging domestic abuse for what it is - criminal violence against another person, predominantly women. This position has changed in recent years and has resulted in legislation designed to address these situations.
3.3 Police and Criminal Evidence Act 1984 empowers the Police to enter premises without a warrant for the purposes of saving life or limb.  They can arrest without warrant if they have reasonable grounds for believing arrest is necessary to prevent physical injury.
3.4

The Family Law Act 1996 can be used to require someone to leave the home or not come near the home.

The Act also includes the provision for non-molestation orders which covers:-

  • Threats of physical or sexual violence;
  • Carrying out physical or sexual violence;
  • Phone calls;
  • Letters.
3.5 The Protection From Harassment Act 1997 relates to a person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against them.
3.6

These pieces of legislation should help to enable those individuals subjected to domestic abuse to live in their own homes and aggressors to be excluded.

Recourse to this type of public protection can only be sought however if the individual is aware of the law and their rights and is supported in making this choice.
3.7 The local police force in England will have in place systems and procedures for dealing with reports of Domestic Abuse. They operate across the country a risk assessment system referred to as the MARAC model of intervention which involves risk assessment in all reported cases of domestic abuse to identify those at highest risk so that a multi agency approach may be taken to reduce future harm to high risks victims of domestic violence and their children.


4. Related Reading

For the most recent Government strategic document about Domestic Abuse see the ‘Call to End Violence against Women and Girls’ November 2010.

See "Vision for Services for Children and Young People affected by Domestic abuse - Guidance to Local Commissioners of Children's Services" published by the LGA, ADSS, CAFCASS and Women's Aid, 2005.

A useful toolkit is available as guidance for best practice for health staff at Improving safety, Reducing harm: Children, young people and domestic violence - A practical toolkit for frontline practitioners (DH, 2009)  

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