5.12 Domestic Abuse/Violence

RELATED CHAPTERS:

Section 4 of the Manual - Think Family / Whole Family Approach

Managing Individuals who Pose a Risk to Children Procedure

1.	Introduction
2.	Impact on the Child
3.	Perpetrators of Domestic Violence
4.	Confidentiality
5.	Addressing Concerns that Domestic Abuse is or may be Occurring
	5.1	Assessing and Needs of Children and Young People Living with Domestic Violence and Managing Risk
	5.2	Assessing the Needs of Children and Young People in contact with Perpetrators of Domestic Violence and Assessing Risk
	5.3	Assessing and Managing the Risks to Adults
6.	Referral to Children’s Social Care
7.	Managing Risks in Child Protection Conferences
8.	Safety of Professionals Working with Domestic Violence
	Appendix A: What Works: Safety and Risk Assessment

1. Introduction

Domestic violence and domestic abuse are used interchangeably for the purposes of this document. It may manifest itself in a variety of ways including physical violence, emotional or psychological abuse, sexual abuse, financial abuse , enforced social isolation or movement deprivation. Often it will involve a combination of these behaviours or acts used by one individual(s) to dominate another/others.

In domestic violence this behaviour is viewed as intentional and is calculated to exercise power and control within a relationship. The adults may be, or have been, intimate partners, or family members regardless of gender or sexuality. Domestic violence includes so called 'honour based violence', forced marriage and female genital mutilation.

The majority of domestic abuse is committed by men towards women. It can also involve men being abused by their female partners, abuse in same sex relationships, and by young people towards other family members, as well as the abuse of older people in families. It may occur across extended family relationships such as mother-in-law to daughter-in-law and there may be more than one perpetrator and more than one adult victim. The abuse occurs irrespective of social class, educational background, racial, ethnic, cultural or religious identity.

Where there is domestic violence, the wellbeing of the children in the household must be promoted and all assessments must consider the need to safeguard the children, including unborn children.

No one agency can address all the needs of people affected by, or perpetrating, domestic abuse. For interventions to be effective, the agencies and partner organisations of the Leicester City and Leicestershire and Rutland Local Safeguarding Children Boards need to work effectively together.

2. The Child

Prolonged or regular exposure to domestic violence can have a serious impact on a child's physical, emotional and educational development and well-being, despite the best efforts of the victim(s) to protect the child.

The impact is more likely to be exacerbated when the abuse takes place in families where there is substance misuse, mental ill health problems, personality disorders and any combination of these.

Domestic violence may have a long term psychological and emotional impact in a number of ways:

Children may be greatly distressed by witnessing (seeing or hearing) the physical and emotional suffering of a parent / carer, or witnessing the outcome of any assault including sexual violence.
Children may be pressurised into concealing assaults, and experience the fear and anxiety of living in an environment where abuse occurs
The domestic violence may impact negatively on an adult victim's parenting capacity
Children may be drawn into the violence and themselves become victims of physical abuse

For children living in situations of domestic violence the effects may result in behavioural issues, absence from school, difficulties concentrating, lower school achievement, ill health, bullying, substance misuse, self-harm, running away, anti-social behaviour and physical injury. There is no definitive cycle of abuse but some children may be at greater risk of becoming a future perpetrator or victim of domestic violence.

During pregnancy domestic violence 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. Domestic violence can start or escalate during pregnancy and it is associated with increased rates of miscarriage, premature birth, foetal injury and foetal death. The mother may be prevented from seeking or receiving anti-natal care or post-natal care. In addition if the mother is being abused this can effect her attachment to her child, more so if the pregnancy is a result of rape by her partner.

Young people can be subjected to domestic abuse perpetrated in order to force them into marriage or to punish her/him for ‘bringing dishonour on the family’. This abuse may be carried out by several members of a family increasing the young person’s sense of isolation and powerlessness. See Forced Marriage Procedure.

Young women in the 16 to 24 age group are most at risk of being victims of domestic violence, some of whom may be teenage mothers. Research by the University of Bristol and the NSPCC has also found that young people in the 13 to 16 age group are also vulnerable to abuse within relationships (see Barter, C. et al (2009) Partner Exploitation and Violence in Teenage Intimate Relationships).

Whilst young people are under the age of 18 years they should receive support and safeguarding in line with the Children Act 1989 and Children Act 2004.

Children who are experiencing domestic violence or conflict may benefit from a range of support and services; some may be at risk of Significant Harm.

The three key imperatives of any intervention for children living with domestic violence are:

To protect the child/ren, including unborn child/ren
To empower the adult victim to protect themselves and their children
To hold the abusive partner accountable for the violence and provide opportunities for change

Social and cultural issues including faith and gender need to be taken into account. Racist or homophobic abuse may have been directed at the child or young person. They may be concerned about the impact of their actions and how it is viewed by the wider family or community. Children or adults with disabilities can be especially vulnerable. They may feel, and may have been encouraged to feel they are to blame for the abuse. They may not be able to move out of the way or may have difficulties in verbalising their distress.

3. Perpetrators of Domestic Violence

Accountability for the domestic abuse clearly lies with the perpetrator. In acknowledging the prevalence of domestic abuse it becomes clear that perpetrators cannot have the blanket excuse, or condemnation, of being 'sick' or 'disturbed'. However, where issues of alcohol misuse, drug abuse or mental illness are contributing factors, these need to be addressed in terms of safety planning and work with the perpetrator.

Research is beginning to indicate that it might be beneficial to apply different categories to perpetrators, particularly in assessing whether a domestic violence programme would be appropriate. (Further information can be found on the RESPECT website).

Anger management courses are rarely an appropriate response to domestic violence. Anger management is never the sole solution to domestic violence. Work needs to be undertaken which focuses on the power dynamics within the relationship. Support should also be offered simultaneously to victims to ensure that any intervention does not increase the risks to them or their children.

Perpetrators of domestic violence are often very adept at manipulation and presenting a very different image in public or to workers. They may attempt to groom workers to switch attention to the behaviour of the victims from the behaviour and its consequences. Some may present as very amicable and caring, others as hostile and aggressive (see Working with Uncooperative and Hostile Families Procedure).

Workers need to be aware that children can be used (often intentionally) to retain control over victims and to continue the abuse. This presents the risk of further harm to the children as they are placed at the centre of the conflict.

4. Confidentiality

Clarity about information sharing is essential and all agencies, including all refuge projects and non statutory services, should ensure that in sharing information they do so in line with agreed local protocols - see Information Sharing and Confidentiality Procedure.

Professionals must ensure that their efforts do not trigger an escalation of violence and should only raise the issue with the child or adult victim when they are safely on their own. It is essential when working with children and families to be realistic and honest about the limits of confidentiality.

In some cases a child may be in need of immediate protection and a referral will need to be made to Children's Social Care Services.

When a referral is made to Children's Social Care Services, there must be clarity about who in the family is aware that a referral is to be made. Any contact by Children's Social Care Services to such referrals should be discreet and should not further endanger the adult victim(s) and children in the family.

5. Assessing Concerns that Domestic Violence is or may be Occurring

Professionals in all agencies are in a position to identify or receive a disclosure from a child, victim or abuser about domestic violence. Professionals should be alert to the signs that a child or adult(s) may be experiencing domestic violence, or that a partner/family member(s) may be perpetrating domestic abuse. A disclosure may be prompted during routine questioning or be unprompted. Professionals should never assume that somebody else is addressing the issue of domestic violence. This may be the child, adult victim, or perpetrator's first or only disclosure which enables an assessment of the risks of harm to be initiated.

Professionals will work with many adults who are experiencing domestic violence and have not disclosed. Professionals should therefore, in conducting assessments, consider the need to offer children and adults the opportunity of being seen alone and ask whether they are experiencing, or have previously experienced, domestic violence.

Concerns about domestic violence may also be reported to a professional by a third party such as extended family member, neighbour or community member. Information from the public, family or community members must be taken sufficiently seriously by professionals in statutory and voluntary agencies and responded to in accordance with these procedures.

Professionals who are in contact with adults who are threatening or abusive to them need to be mindful that these individuals may also be abusive in their personal relationships and include this in their assessment.

5.1 Assessing the Needs of Children and Young People Living with Domestic Violence and Managing Risk

Professionals in contact with children and families who identify that there are, or have been domestic abuse incidents or issues, need to consider the level of domestic violence in relation to the behaviours used, the severity, frequency and duration of the abuse. This will indicate the length of time that children may have been exposed to a traumatic and abusive event. The adult(s) experiencing the abuse will usually be well placed to predict the risks faced and the likelihood of further abuse. The adult victim(s) should be encouraged and supported to complete a personal risk assessment. However, practitioners should also be aware that some victims minimise the risk of harm to themselves and their children. Risk is also dynamic, can change rapidly and may increase or decrease as circumstances change.

The Common Assessment Framework can be used to explore and assess any concerns that practitioners may have about children or young people. The CAF can be used to assess the degree of exposure of each child in the family to the domestic abuse, the impact on them, the risks involved, and the protective factors bearing in mind the ages of the children. This should include physical and emotional impact, and the effect on parenting capacity, as well as any other risks posed by the perpetrator. A separate assessment form should be used for each child.

The professional should consult with the manager/child protection adviser within their agency and check if a CAF has been completed by another agency; if not, with the parent / carers consent, complete a CAF, or refer under local arrangements for a CAF to be completed. If the parent / carer does not consent to the completion of a CAF make a notification or referral to Children's Social Care Services

The professional should share information with relevant multi-agency professionals, convene or attend a multi-agency CAF meeting and consider what their own agency can contribute as part of any multi-agency CAF interventions. A child in this situation will have additional needs, as defined within CAF. The child/ren and their parent / carers are likely to need family support interventions offered by more than one agency, which are co-ordinated by a lead professional. The intervention and support may also include Children's Social Care Services planning via a Section 17 children in need assessment.

Planning must also include safety planning for the child/ren and victim and consideration of referral to an appropriate resource for the perpetrator if there is willingness to engage with services to address abusive behaviour. For further information please see Early Intervention when there are Child Welfare Concerns Procedure.

Working Together to Safeguard Children 2010 identifies that unborn babies under 12 months old are particularly vulnerable to violence. Professional's who become aware of any incident of domestic violence in a family with a child under 12 months old (even if the child was not present) or in families where a woman is pregnant, should make a Referral to Children's Social Care Services (See paragraph 11.88, Working Together to Safeguard Children 2010 ).

Where children or young people may be suffering or be at risk of suffering Significant Harm. Intervention and support for the child/ren and the adult victim will require Local Authority Children's Social Care Services planning via Section 17 Child in Need assessment or may require a Section 47 Enquiry and a Core Assessment. Professionals should make a record of their assessment and the information which underpins it and inform their line manager and contact Children's Social Care Services to make a referral. Please see Referrals to Children's Social Care Services Procedure.

In all cases where a referral is made for a Multi Agency Risk Assessment Conference (MARAC) to plan an intervention in relation to a very high risk domestic violence situation if there are children in the family a referral must be made to Children's Social Care Services.

When assessing harm and the needs of children or young people living with domestic violence, the following questions should be considered:

Frequency and severity of the abuse, how recent and where it took place
Whether the child was present or has ever been present when abuse has occurred
The age and vulnerability of the child
What does the child do when the abuse is happening?
Has the child ever intervened, or are they likely to in future?
Has the child been physically threatened or sustained any injury?
The child’s description of the effects upon them, their siblings, and upon their parent/carer
Is the child being made to participate in or witness acts of abuse against their parent/carer/other family members?
Is the child used physically or emotionally to exert control over their parent/carer/other family members?
Is the non-abusing parent/carer able to meet the child/ren’s immediate and longer term needs?
Has the adult victim(s) and/or child/ren been locked in the house or prevented from leaving it?
Is the abuse connected with any other factors that undermine parenting capacity (such as alcohol or substance misuse or mental health)?
Have any weapons been used or has there ever been a threat to use a weapon?
Is actual or threatened ill treatment of animals used to control the child/ren and or other parent / carer/other family members? (see Harm to Animals and possible Implications for Children Procedure)
Has physical abuse or threats been directed towards a pregnant woman and her unborn child?

Throughout the assessment process and within any services being provided the needs of the child must not become overshadowed by the focus on the adults and the range of services being provided must include support and services for the children in the family.

The assessment should include contact with a range of support services such as refuge projects and the voluntary sector.

The Police are often the first point of contact with families in which domestic violence takes place although the Ambulance Service and Accident and Emergency Departments can also often be involved as a first point of contact.

When responding to incidents of violence, the agency in question should always find out if there are any children in the household or any children who would normally live in the household. The Police or other agencies should exercise judgement in determining whether it is safe to leave the scene of the incident without having seen the children.

Professionals will undertake an assessment and if a threat to the child's safety is identified at any stage refer to Children's Social Care Services. A referral will always be made where:

The child made the original call (usually to the Police)
The child has been injured
The child has been used as a shield
A pregnant woman is involved in a violent incident
The victim is assessed as High Risk on a DASH assessment by the Police and there is a child in the household
A multi agency risk assessment conference (MARAC) is convened and there are children in the household
Any other circumstances, which are judged by a professional to warrant a referral

In addition, in situations where adults in a household where children live display intimidating or threatening behaviour towards professionals the possible impact of this type of behaviour should always be considered within the assessment of risk to the children. For further information please see Referrals to Children's Social Care Services Procedure.

5.2 Assessing the Needs of Children and Young People in Contact with Perpetrators of Domestic Violence and Assessing Risk

In situations when the adult victim has left the perpetrator(s) taking the child/ren, professionals need to be alert to the ongoing potential for risk. The dynamics of domestic violence are based on the perpetrator maintaining power and control over their partner. Challenges to that power and control, for example, by separation may increase the likelihood of escalating violence. Statistically the period following separation is the most dangerous time for serious injury and death. Professionals in contact with children and their families in these circumstances may decide that a Common Assessment (CAF) is indicated and in all cases would need to consider:

The previous level of physical danger to the adult victim and in particular the presence of the child during violent episodes
The previous pattern of power, control and intimidation in addition to the physical violence
The level of coercive or manipulative behaviour of the partner/family member(s) who were violent
Any threats to hurt or kill family members or abduct the child/ren
Any information about parental drug or alcohol misuse, or poor mental health
Any reported stalking or obsession by the perpetrator(s) in connection with the separated partner or the family
The motivation of the perpetrator(s) in seeking/ maintaining contact with the child/ren - is it a desire to promote the child’s best interest or as a means of continuing intimidation, harassment or violence to the adult victim(s)
The child/ren’s views about contact and whether they have any worries about the contact taking place
Has there been a shared decision regarding the arrangements for contact including location
The likely or reported behaviour of the perpetrator(s) during contact and its effect on the child
The perpetrator(s) level of care and supervision of the child/ren in the past
The attitude of the perpetrator(s) to their past violence and capacity to appreciate its effect and whether they are motivated and have the capacity to change
Be alert to cultural issues when dealing with victims from ethnic minority communities who because they have left a partner may be ostracised by family, friends and the wider community increasing the risks to their safety `

Risk is also dynamic, can change rapidly and may increase or decrease as circumstances change. Where children or young people may be suffering or be at risk of suffering Significant Harm. Intervention and support for the child/ren and the adult victim will require Local Authority Children's Social Care Services planning via Section 17 Child in Need assessment or may require a Section 47 Enquiry and a Core Assessment. Professionals should make a record of their assessment and the information which underpins it and inform their line manager and contact Children's Social Care Services to make a referral.

5.3 Assessing and Managing the Risks to Adults

There are many risk assessment models and 'tool's' available for adults experiencing domestic violence. In Leicester during 2011 the police, specialist domestic violence agencies and some other agencies will move to use of the Domestic Abuse and Harassment and Honour Based Violence (DASH) Identification and Risk Assessment Model. This is a victim focus model which identifies the risk to the victim as Standard, Medium or High. In households where there are children and the assessment for the victim is High Risk a referral will be made to Children's Social Care Services. In very high risk cases the adult(s) should also be referred to the MARAC. Risk is also dynamic, can change rapidly and may increase or decrease as circumstances change.

Considerations in assessments where domestic violence is suspected include:

Asking direct questions about domestic violence
Checking whether domestic violence has occurred whenever child abuse is suspected and considering the impact of this at all stages of assessment, enquiries and intervention
Identifying those who are responsible for domestic violence, in order that relevant family law or criminal justice responses may be made
Providing victims with full information about their legal rights, and about the extent and limits of statutory duties and powers
Helping victims and children to get protection from violence, by providing relevant practical and other assistance
Supporting non-abusing parents/carers in making safe choices for themselves and their children
Taking into account that there may be continued or increased risk of domestic violence towards the abused parent/carer and/or child after separation especially in connection with post-separation child contact arrangements
Working separately with each parent/carer where domestic violence prevents the victim from speaking freely and participating without fear of retribution
Working with parents/carers to help them understand the impact of the domestic violence on their children

6. Referral to Children’s Social Care

Whenever a professional becomes concerned that a child is, or may be, at risk of significant harm, a referral must be made to Children’s Social Care Services in accordance with the Referrals Procedure.

Normally, one serious or several lesser incidents of domestic violence where there is a child in the household means that Children’s Social Care Services should carry out an Initial Assessment of the child and family, including consulting existing records.

Children’s Social Care Services may assess the child/ren to be child/ren in need, and offer services under Section 17 of the Children Act 1989. However, child protection intervention (i.e. under Section 47 of the Children Act 1989) may be necessary if the threshold of Significant Harm is reached. Children’s Social Care Services will convene a multi-agency meeting following the appropriate level of assessment and initiate safety planning for the child/ren and adult victim.

7. Managing Risks in Child Protection Conferences

Where a Child Protection Conference is held, the Conference Chair, in consultation with the professionals, must assess the risks carefully in relation to the participation of the violent or oppressive parent/carer, the non violent parent/carer and the child/ren. See Section 7, Criteria for Excluding Parents or Restricting their Participation of Initial Child Protection Conferences Procedure.

It is not only issues of safety at the Conference itself but any travel arrangements before and after as well as the contents and addresses (including schools) on the minutes of the meeting which may pose a risk if disclosed.

The same careful approach to disclosure of information should be adopted with the records of all meetings, i.e. Core Group, Planning meetings etc.

All arrangements to contact family members that are made as part of any plan for the child, must be carefully assessed bearing in mind the safety of the children and the non-abusing parent/carer.

8. Safety of Professionals Working with Domestic Violence

Care must be taken to assess any potential risks to professionals, carers, foster carers or other staff who are involved in providing services to a family where domestic violence is, or has occurred. This includes support services offered to a victim(s) or child following separation.

If someone intends to visit or collect the child’s belongings from the family home where the abusive parent/carer/partner/family members reside or have access, it should never be the case that one person does so on their own. A risk assessment should be undertaken and the assistance of the Police may be required. Professional should speak with their manager and follow their own agencies guidance for staff safety.

Appendix A: What Works: Safety and Risk Assessment

Particular reference should be made to the guidance in the Common Assessment Framework (CAF). Information to support the process of assessing risk is/should be documented in the CAF which is "A shared assessment tool used across agencies in England". It involves identifying a lead professional where appropriate, and sharing information to avoid duplication of assessments. This also reduces the need for children or their families to re-tell their story to different practitioners. The Lead Professional (LP) is the person responsible for co-ordinating the actions identified in the assessment process and being a single point of contact for children with additional needs being supported by more than one practitioner.

Safety planning work within domestic violence can be approached in different ways and at different levels depending on the circumstances and time available. It can be as narrow or as wide as circumstances allow - i.e. focussed on crisis planning, or work to establish safety in the long term.

Many agencies are starting to adopt standardised risk assessment models for cases of domestic violence e.g. DASH 2008. Information sharing is critical to building a comprehensive picture of the level of risk.

Victims presenting as high or very high risk of serious injury or death should be referred to the local Independent Domestic Violence Advisor (IDVA) service or to the police. Depending on the level of risk they will be referred through the Multi Agency Risk Assessment Conference (MARAC) process. MARACs are now held routinely to hear listings of the highest risk cases of domestic violence that have been identified in Leicester, Leicestershire and Rutland. The agencies represented at the MARAC will then develop a safety plan for each case that has been presented. Many of these cases involve adults with children.

Safety Planning

The risks to victims increase at the point of separation and after leaving. Work can be done with the victim/survivor of domestic violence to make a plan of action for quickly escaping a dangerous situation. Plans that involve collecting the children from a partner/carer/family member at a later date may not be safe.

Consider asking the following questions:

What things are you worried about right now?
If you stay, how do you think things will be?
If you left or tried to leave do you think that would make things better or worse? How?

Other considerations to explore include:

Financial (resources, income, employment history)
Home locations (are resources available, where are family and friends?)
Physical and mental health (do these limit the options?)
Perception or experiences of social institutions (positive or negative)
Risk to pets that may not be able to leave with victim
Immigration status

The plan should include:-

Identifying a safe place to go
Identifying a safe place for children to go if they cannot go with the victim
Putting money aside for bus/taxi fares, telephone calls, food, overnight accommodation
Telling a professional or trusted neighbour about the situation
Getting copies of, or placing important information somewhere safe
Putting a change of clothes and other essential items, such as medication, somewhere safe where they can be retrieved easily if the victim and children/others have to leave in a hurry.

Some victims may take years to leave an abusive relationship or may never be in a position to leave and safety plans should take this into account. A safety planning leaflet based on the leaflet developed by NHS Trusts can be found on the Safer Leicester Partnership website.

Children and Safety Planning

Work on safety planning can be helpful for children and young people, including an assessment of what mechanisms they are already putting into place to manage their situation. Assessments can be made on what action the child or young person already does when they perceive a dangerous or uncomfortable situation. Clear statements need to be made about the domestic violence not being their responsibility and that they need to take steps to cover their own safety first and foremost rather than thinking of intervening.

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