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Domestic abuse - learning briefing

Domestic abuse - learning briefing

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Overview

Adult C Safeguarding Adult Review (SAR) looks at how agencies should work together to respond to domestic abuse.

This briefing:

provides an overview of the Domestic Abuse Act 2021
draws on the learning from the Adult C SAR
provides practical guidance to support SAB partner agencies when working with people who are experiencing domestic abuse.

Domestic Abuse Act 2021

The 2021 Act legally defined domestic abuse for the first time. The definition is set out in section 1 of the Domestic Abuse Act.

The Act defines ‘abusive behaviour’ as any of the following:

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

For the definition to apply, both parties must be 16 or over and ‘personally connected’. The Act defines ‘personally connected’ as parties who:

are married to each other
are civil partners of each other
have agreed to marry one another (whether or not agreement has been terminated)
have entered a civil partnership (whether or not the agreement has been terminated)
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.

The Act includes the relationship between a disabled person and their carer as ‘personally connected’.

The Government statutory definition of domestic abuse factsheet has more information.

Coercive and controlling behaviour

There is no requirement for abusers and victims to still be in a relationship or to still live together. The offence of coercive control applies to former partners and family members who do not live together. Sustained or increased controlling or coercive behaviour can continue post-separation. Because of this, victims can be at a higher risk of homicide immediately after separation.

Economic abuse often continues, escalates and may even start after separation. This can present major challenges for victims trying to rebuild their lives.

The Act defines economic abuse as "behaviour that has a substantial adverse effect on a victim’s ability to acquire, use or maintain money or other property, or obtain goods or services."

Children as victims of domestic abuse

Under the Act, domestic abuse occurs where the victim and perpetrator are aged over 16. Abusive behaviour of a person under 16 is child abuse rather than domestic abuse. However, a child is a victim of domestic abuse if they:

see or hear, or experience the effects of, domestic abuse, and
are related to the person being abused or the perpetrator.

Migrant victims of domestic abuse

The Act gives migrant victims of domestic abuse temporary leave to remain and access to public funds, for a period of no less than 6 months. This is so they can access support services while they flee abuse and apply to resolve their immigration status.

Women with insecure immigration status have protection. The Act says not to share the victim’s details with immigration control. This removes one of the many barriers migrant women face on disclosing abuse and seeking support.

Housing or accommodation-based support

The Act places a duty on local authorities to provide support to those fleeing domestic abuse and their children in refuges and other safe accommodation. Local authorities must assess the need for domestic abuse support for victims in such accommodation and ensure adequate support and provision for victims and their children.

Victims made homeless because of abuse qualify for ‘priority need’ housing. Victims with lifetime or assured tenancies will not lose them if they need to move as a result of abuse.

Protection in court and holding perpetrators to account

Victims of domestic abuse are eligible for special measures in the criminal, civil and family courts. This might include screens in court or providing evidence via a video link. Perpetrators cannot cross-examine victims in family and civil courts. GPs and other health professionals do not charge victims for a letter to support a legal aid application.

In terms of the management of perpetrators and holding perpetrators to account, the Act requires the government to introduce a national perpetrator strategy.

Two measures help prevent reoffending and provide immediate protection for victims.

Domestic Abuse Protection Notice (DAPN) – for immediate protection following an incident.
Domestic Abuse Protection Order (DAPO) – flexible, longer-term protection for victims.

Read the Government Domestic Abuse Protection Notices / Orders factsheet for more information.

Domestic Violence Disclosure Scheme - Clare’s Law

The Domestic Violence Disclosure Scheme, or Clare’s Law, can help someone decide whether it’s safe for them to continue their relationship. They can ask the police for information if they're worried that:

their current or ex-partner has a history of abuse
a friend or relative might be at risk from a current or ex-partner

Request information under Clare's Law | Sussex Police

Key points for practice

When working with people who may be experiencing domestic abuse:

Be alert to the signs of domestic abuse and take appropriate and timely action to respond. Discuss any concerns with your line manager or safeguarding lead.

Take prompt action to ensure the person’s and others immediate safety. Report to the police in an emergency.

Ensure the principles of a safe enquiry and try to see the person alone and in a private space. If this is not possible, work in partnership with other agencies to share the management of risk. Use creative ways to meet with the person, for example at a GP surgery.

Use professional curiosity. Do not make assumptions. Ask questions that provide an opportunity for people to disclose abuse.

Use a trauma-informed approach to understand what has happened and the context of the domestic abuse.

Ensure a Making Safeguarding Personal approach, by listening to the person’s views and what they want to happen. Provide information about options and empower them to make decisions.

Consider the person’s mental capacity and the impact of coercion and control on informed decision making.

Consider any advocacy needs. This may be for mental capacity issues, or for specialist domestic abuse services and advocates.

Ensure accurate and timely assessment of risk. If possible complete the DASH RIC – Domestic abuse, stalking and harassment risk identification checklist.

If you are asked to attend a multi-agency risk assessment conference (MARAC) you should prioritise this.

When recording third party information about concerns or disclosures of domestic abuse, capture:
- what the person says
- their appearance and presentation
- emotional, psychological and physical signs of injury or distress.

This information can support the police with evidence-led prosecutions, particularly when the victim is unable to give evidence themselves.

Specialist Services

Change, Grow, Live (CGL) deliver the specialist domestic abuse service in East Sussex.
Survivors Network – Specialist rape, sexual violence and abuse service for Sussex.
Veritas – Specialist stalking advocacy service for Sussex.