4.5 Domestic Abuse

AMENDMENTS

This chapter was updated in March 2010 to include information about the pilot of a new response to domestic abuse referrals in Solihull where children and young people are involved. This has been included in Section 5, Response of Police and Children's Social Work Services. The chapter was also updated in November 2010 to include information in relation to MARAC (Multi Agency Risk Assessment Conferences).

RELEVANT GUIDANCE

See also “Vision for Services for Children and Young People affected by Domestic Violence - Guidance to Local Commissioners of Children’s Services” published by the LGA, ADSS, CAFCASS and Women’s Aid, 2005.

Definition
The Child
Confidentiality
Roles and Responsibilities of all Agencies
Response of Police and Children's Social Work Services (including the Solihull Pilot)
MARAC (Multi Agency Risk Assessment Conferences)

1. Definition

1.1	Domestic abuse is defined as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults aged 18 and over who are or have been intimate partners or are family members regardless of gender.
1.2	Where there is domestic abuse, the wellbeing of any children in the household must be promoted and all assessments must consider the need to safeguard the children and promote their welfare.
1.3	Children who are experiencing domestic abuse or conflict may benefit from a range of support and services; some may be at risk of Significant Harm
1.4	The definition of ‘harm’ in the term Significant Harm as “the ill treatment or impairment of health and development” was recently extended so that it is made explicit that harm may include "impairment suffered from seeing or hearing the ill treatment of another". (This amendment to the Children Act 1989 was made in section 120 of the Adoption and Children Act 2002, which came into effect on 30 January 2005).

2. The Child

2.1

Prolonged or regular exposure to domestic abuse can have a serious impact on a child’s development and emotional well-being, despite the best efforts of the victim parent to protect the child.

2.2

Domestic abuse is linked to child protection in the following ways:

During pregnancy, it can pose a threat to an unborn child as assaults on pregnant women often involve punches or kicks directed at the abdomen, risking injury to both the mother and the foetus.
Older children may also suffer blows during episodes of violence.
Children may be greatly distressed by witnessing the physical and emotional suffering of a parent. Children’s exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress. The effects may result in a range of emotional and behavioural issues for children.
Evidence suggests that within households where domestic abuse is happening there is a higher incidence of both physical and sexual abuse of children
Perpetrators of abuse may threaten to harm the children as part of the ongoing abuse towards the victim
Children may become caught within the crossfire of an attack on a parent and subsequently suffer injury
Once the parents have separated, the perpetrator may use contact arrangements to commence or continue a pattern of violence.
The negative impact of domestic abuse on an adult victim’s parenting capacity is exacerbated when violence is combined with a range of issues including: any form of substance misuse; mental health difficulties; children witnessing the violence; children drawn into the violence; children being pressurised into concealing assaults; and any other issue that causes a parent to be further challenged and marginalised.
Children and victimised carers living within domestic abuse situations will require services to promote their welfare as well as their protection. Agencies will need to consider the needs of children when supporting families experiencing domestic abuse. In some instances of domestic abuse children may require immediate protection from harm and abuse via referral to police or Children’s Social work services in others a range of preventative and supports will be appropriate. (See Contacts Appendix for a list of local and national services)

3. Confidentiality

3.1	Clarity about information sharing is essential and all agencies, including all voluntary and statutory agencies, should ensure that in sharing information they do so in line with agreed local protocols – see Information Sharing and Confidentiality Procedure. It is vitally important that information is shared on a need to know basis as insensitive and unco-ordinated information sharing can also endanger the life and well being of the victim and children.
3.2	When a referral is made to Children’s Social Work Services, it must be made clear who in the family is aware that a referral is to be made and safe ways of contacting the victim must be agreed.
3.3	Any response in terms of making contact with the adult victim should be discreet and carried out in ways which will not further endanger them or their children.

4. Roles and Responsibilities of all Agencies

Concerns and Referrals
It is vital that all statutory and voluntary agencies are conversant with the issues of domestic abuse and these guidelines. Adult victims and children experiencing abuse will approach a variety of different agencies looking for appropriate support.
4.1	When responding to incidents of domestic abuse, the agency in question should always find out if there are any children in the household and where possible, assess whether any immediate action is required to ensure their immediate safety. Where there are any concerns about risks of harm to the child or, where the adult victim agrees that he or she requires support in relation to his/her child or children, a referral should be made in accordance with the Referrals Procedure. Referrers need to be clear about the reasons for their concern and act in such a way that prioritises the safety of the children and the adult victim.
4.2	Any agency responding to domestic abuse should be aware of the complications surrounding the reporting of the issue due to reasons including shame, guilt, fear and in some cases cultural and religious issues. A victim may require a lot of support when considering their options.
Supporting Victims and Their Children
4.3	Good practice suggests that if any professional suspects domestic abuse, they should question the victim in a safe and supportive environment, with an opportunity to disclose their and their children’s experiences.
4.4	Workers should support victims to disclose their experiences, give them information about their options and where there are no child protection concerns support them to make their own decisions. Telling someone to leave an abusive partner is judgemental and not helpful. Workers need to be aware that leaving domestic abuse is a long and carefully planned process that does not happen overnight. Within this, children’s welfare and protection should always remain paramount.
4.5	All agencies should ensure that all their staff are trained on domestic abuse and have access to up to date information on support services.
4.6	Options to protect and support both victim and children should be considered by the relevant agency including appropriate referrals being made to national and local statutory and voluntary services (see Contact Details Appendix).

5. Response of Police and Children's Social Work Services (including the Solihull Pilot)

A pilot has been operating in Solihull since July 2009, which is a new way of responding to domestic abuse referrals where children and young people are in the household. The aim of the pilot is to provide a more co-ordinated, speedy, multi-agency response to police referrals where children and young people are affected by domestic abuse.
5.1	A Domestic Abuse Triage Screening Team, which is a multi-agency team made up of Police, Children's Social Work and Health supervisors, has been established as part of the pilot. The Team acts as a single point of information sharing, contact, assessment and intervention for all domestic abuse incidents referred to the police when children/young people are involved. The Team uses a specifically designed risk assessment tool to assess the level of risk.
5.2	Referrals are considered initially at a meeting, which takes place three times per week and actions are agreed there. This may lead to follow up action by the three agencies or to a referral elsewhere, or no further action.
5.3	Urgent or high risk situations will continue to be dealt with by individual agencies in line with the statutory responsibilities of each agency and the procedures contained in Part 3 of this manual (Managing Individual Cases).
5.4	All Section 47 Enquiries continue to be undertaken in line with the Section 47 Enquiries and Core Assessments Procedure.
5.5	Where it is decided that the presenting information suggests that the child is likely to suffer Significant Harm now or in the future unless Children's Social Work Services take action, an Initial Assessment will be undertaken in accordance with the Framework for the Assessment of Children in Need and their Families. This may lead to a Strategy Discussion/Meeting.
5.6	In all other cases, Children’s Social Work Services will: Write to the victim, advising them of their right to request support and advice. Write to the perpetrator, advising that the violent actions which may place the child(ren) at risk could result in Children’s Social Work Services exercising its powers under the Children Act 1989.
5.7	When an Initial Assessment is undertaken, Children’s Social Work Services will: Make arrangements to see the victim of the domestic violence, and give consideration as to when and how the child(ren) should be seen. The arrangements for this will be dependent upon the information gathered and the level of concern, ensuring that the victim of abuse and the child(ren)’s safety are paramount, and that information sharing and/or contact does not increase risk or vulnerability. The family should be advised that Children’s Social Work Services will be assessing the children’s welfare as well as the safety and protection of the adult victim. Give consideration to the following: support available to the victim; the nature of the violence; the level of predictability relating to domestic abuse incidents within the home; the level of fear/intimidation, irrespective of whether they are in the same household; whether the victim is able to protect the children within the home from being harmed by abuse.
5.8	Consideration should be given to assisting the victim to obtain appropriate legal advice.
5.9	Care must be exercised when considering any contact arrangements between the children and the perpetrator. The victim should be advised to obtain legal advice about this; arrangements should not further victimise the victim or child(ren).
5.10	Consideration should be given to interviewing the perpetrator of the domestic abuse as part of the assessment, ensuring that the risks to the victim are not increased by doing so.
5.11	Based upon the Initial Assessment, a decision will be made whether to respond to the referral as a family/child(ren) who require support services or child(ren) in need of protection.
5.12	In circumstances where there is no clear evidence that the domestic abuse is causing harm to the child(ren) but there are concerns that it may do if it continues; it may be appropriate to undertake a Core Assessment
5.13	Where it is considered that the family/child(ren) are in need of support, this will be offered as considered appropriate via; Children’s Social Work Services, Domestic Violence Support Group, the Police Domestic Violence Unit or Family Support Services. The support should address the provision of information to victims of domestic abuse alerting them to and facilitating support services available in the area including where they can obtain Legal Advice, Financial Advice, Women’s Aid and housing and accommodation advice.
5.14	Children’s Social Work Services will inform the Police Domestic Violence Unit and any other involved agency of the conclusion of their involvement and the outcome of their assessment.

6. MARAC (Multi Agency Risk Assessment Conferences)

A MARAC is a multi-agency meeting, which has the safety of high risk victims of domestic abuse as its focus. The MARAC is a process involving the participation of all the key statutory and voluntary agencies who might be involved in supporting victims of domestic abuse. The objective of the MARAC is to share information and establish a simple multi-agency action plan to support the victim and make links with other public protection procedures, particularly safeguarding children, vulnerable adults and the management of offenders.

The MARAC meeting is a part of a wider process, which hinges on the early involvement and support most frequently in the form of an Independent Domestic Violence Advisor (IDVA) and continued specialist case management, both before and after the meeting. The MARAC should combine the best of both specialist supports, together with the co-ordination of generic agencies whose resources and involvement will be needed to keep victims and their children safe.

Where an offender is being managed at MAPPA level 2 or level 3, the MAPP meeting should take the lead over the MARAC, as the MAPPA is a statutory set of arrangements and takes precedence over MARAC - see Managing Individuals who Pose a Risk of Harm to Children Procedure.

End