Domestic Abuse

AMENDMENT

In September 2024, a new Section 7, Non-fatal Strangulation was added.

1. Introduction

The Domestic Abuse Act 2021 made changes to the definition of domestic abuse and to offences involving controlling or coercive behaviour. It introduced a new legal definition for domestic abuse:

Domestic abuse is any single incident, course of conduct or pattern of abusive behaviour between individuals aged 16 or over who are "personally connected" to each other as a result of being, or having been, intimate partners or family members, regardless of gender or sexuality.

Children who see, hear or experience the effects of the abuse and are related to either of the parties are also considered victims of domestic abuse.

Behaviour is "abusive" if it consists of any of the following:

  • Physical or sexual abuse;
  • Violent or threatening behaviour;
  • Controlling or coercive behaviour;
  • Economic abuse;
  • Psychological, emotional or other abuse. This includes incidences where the abusive party directs their behaviour at another person (e.g., a child).
Economic abuse means any behaviour that has a substantial adverse effect on someone's ability to acquire, use or maintain money or other property, or obtain goods or services.

The Act has extended the scope of coercive and controlling behaviour to incorporate abuse post-separation and widens the parameters of persons connected to include ex-partners and family members who do not live together.

Importantly the Act recognises children as victims in their own right for the first time which means that their perspectives, their experiences and their need for support and protection needs to be taken into account by all professionals working with their families. They may be considered victims even if they are not present during an incident.

Domestic abuse in teenage relationships is just as severe and has the potential to be as life threatening as abuse in adult relationships. Victims under 16 should be treated as victims of child abuse and age-appropriate consequences should be considered for perpetrators under 16. Abuse involving perpetrators and victims aged between 16 and 18 years could be both child and domestic abuse.

The Domestic Abuse Act 2021 uses the term 'victim' but not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a 'victim' and they may prefer another term, for example, 'survivor'.

The statutory guidance Controlling or Coercive Behaviour in an Intimate or Family Relationship defines controlling or coercive behaviour as:

"Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim."

In addition, coercive control can include coercive reproduction where a woman can be coerced into continuing a pregnancy or ending a pregnancy – this sort of coercion can involve family and community pressures to conform.

2. How does Domestic Abuse affect Children?

Prolonged or regular exposure to domestic abuse can have a serious impact on a child's development and emotional wellbeing, despite the best efforts of the non-abusing parent to protect the child. Domestic abuse affecting young people can also occur within their personal relationships, as well as in the context of their home life.

Domestic abuse impacts on children in a number of ways. The impact of domestic abuse is likely to be exacerbated when combined with any form of substance misuse or mental ill health.

For children living in situations of domestic abuse, the effects may also result in behavioural issues (including anti-social behaviour), absence from school, difficulties concentrating, lower school achievement, ill health, bullying, substance misuse, self-harm, running away, anti-social behaviour, depression and anxiety, and physical injury.

Domestic abuse may have a long-term psychological and emotional impact as a result of:

  • Children experiencing distress by witnessing (seeing or hearing) the physical and emotional suffering of a parent, or witnessing the outcome of any assault;
  • Children being pressurised into concealing assaults, and experience the fear and anxiety of living in an environment where abuse occurs;
  • The domestic abuse impacting negatively on an adult victim's parenting capacity, emotional wellbeing and their capacity to make informed and safe decisions;
  • Children being drawn into the violence (e.g., stepping in to stop a violent incident) and become victims of physical abuse or face allegations of criminal activity by the abuser or become perpetrators themselves.

Young people themselves can be subjected to domestic abuse perpetrated in order to force them into marriage or to punish them 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 also: So Called 'Honour' Based Abuse Procedure.

During pregnancy domestic abuse 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. In almost a third of cases domestic abuse begins or escalates 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 affect her attachment to her child, more so if the pregnancy is a result of rape by her partner. Research tells us that the unborn baby can be negatively affected by being exposed to the stress and anxiety in the context of domestic abuse experienced by the mother.

The key imperatives of any intervention for children including unborn babies living in households affected by domestic abuse are as follows:

  • To protect the child/ren, including unborn child/ren;
  • To assess the level of risk to the children (and the non-abusive parent /carer/partner);
  • To assist the adult victim to protect themselves, their children and any other dependants;
  • To hold the abusive carer/partner accountable for their abusive behaviour and provide opportunities for change;
  • To provide opportunities to support change.

3. Identifying Risk Associated with Domestic Abuse

Practitioners in all agencies should be alert to the signs that a child or adult may be a victim of domestic abuse or coercive and controlling behaviour.

A disclosure may be prompted during routine questioning or be unprompted. Practitioners should never assume that somebody else is addressing the issue of domestic abuse. This may be the first or only disclosure made by the child, adult victim or perpetrator.

Research suggests that women experience on average 35 incidents before reporting any abuse to the Police. Professionals should, therefore, in conducting interventions including providing universal or targeted services, routinely offer children and adults the opportunity of being seen alone, and ask whether they are experiencing, or have previously experienced, domestic abuse. This type of routine enquiry is particularly useful for health providers, for example when midwives and health visitors are working with pregnant women and those trying to conceive.

Concerns about domestic abuse may also be reported to a professional by a third party such as an extended family member, neighbour or community member.

Information from the public, family or community members must be taken seriously by professionals in statutory and voluntary agencies and responded to in accordance with these procedures.

What can help professionals consider when domestic abuse may be present?

  • Asking direct questions about the relationship without alienating the person e.g., "is everything ok with your relationship?" Asking the children, e.g., "what happens when mummy and daddy have a disagreement?";
  • Aiming to understand the fears that are present and the techniques that they are already employing to manage their situation to assist in safety planning;
  • When child abuse is suspected checking, whether domestic abuse has occurred and considering the impact of this at all stages of assessment, enquiries and intervention;
  • Safely and appropriately challenging at the time if you witness any abusive behaviour, whether verbal, emotional or physical or economic/financial;
  • Recognising and managing the different types of domestic abuse, including indicators of coercive control. This may include coercive reproduction – more commonly coercion to continue a pregnancy than termination. This is particularly relevant for maternity services;
  • The impact of domestic abuse and coercive control on the victim and how this may affect their ability to safely parent and meet the needs of their child/ren both directly and indirectly;
  • Providing victims who disclose full information about support services available, their legal rights, and about the extent and limits of statutory duties and powers. This includes making referrals;
  • Taking into account that there may be continued or increased risk of domestic abuse towards the abused parent and/or child after separation. Most domestic homicides occur in the few months post-separation. Post-separation child contact arrangements should be carefully risk assessed, and the wishes of the children listened to in regard to this. The possibility of children being harmed as a way of controlling /punishing the victims who have left an abusive relationship must not be underestimated;
  • Identifying the risk connected to the start of a new relationship;
  • Working separately with each parent;
  • Working with parents to help them understand and accept the impact of the domestic abuse on their child/ren and remaining curious to hear the individual experiences of all family members and what life is like for the child;
  • Practitioners need to think about the opportunities they have taken to see and talk to the victim alone so that they have an understanding of what life is like for them and their children without the perpetrator's influence;
  • Consideration to be given to how to manage meetings (Child Protection, Children In Need, Team around the Child/Family) safely for the victim and children. Consider how to enable the victim to be heard in a way that minimises the influence of the perpetrator, recognising the trauma of being a victim and not implying that the victim of domestic abuse has a choice in stopping the abuse;
  • Perpetrators need to be given opportunities to safely address their own responsibility for abuse and being held to account in safety planning.

See: Recognising and Responding to Domestic Violence and Abuse including further information on that webpage.

4. Managing Risk and Understanding when to Intervene

Leicestershire Police use the Domestic Abuse, Stalking, Harassment and Honour Based Violence Assessment Tool (DASH) which has been adopted by many agencies: as a tool to understand risk presented by domestic abuse. See Section 5, DASH Identification and Risk Assessment Model, Multi Agency Risk Assessment Conference (MARAC).

The tool must include as much detail as possible to provide context to the abuse including past history and current circumstances. Training is available to support the use of the DASH risk assessment tool.

Each agency will have its own internal guidance to support use of the DASH and practitioners should seek advice from their Safeguarding Leads to understand their specific agency policy.

Babies under 12 months are particularly vulnerable to abuse. Professionals who become aware of an incident of domestic abuse in a family with a child under 12 months old (even if the child was not present) should either complete a DASH risk assessment as per their agency policy or consider the indicators below that align to the DASH risk assessment to determine what action is required to support the victim and consider whether a referral to Children's Social Care (CSC) is required.

The following indicators are provided to aid professional judgement when assessing risk and the appropriate level of intervention in response to reported incidents of domestic abuse.

These indicators align with DASH Risk Assessment thresholds; however professional judgement remains crucial in determining the level of risk to both the adult victim and any children in the household. Remember that the DASH is a tool to complete with adult victims and does not always focus on the risk to the child. An open and trusting relationship with the adults and children involved will be crucial to assessing risk and informing the judgements on tiers and types of intervention.

A high-risk DASH for the victim should always lead to consideration of the impact of that risk for any child in the household.

3 Tier Risk Factors

Tier 1: Factors which may indicate the potential risk of harm to the child/ren to be 'Standard Risk'.
  • Single or up to 3 minor incidents of physical violence which were short in duration and the victim did not require medical treatment;
  • Occasional intense verbal abuse;
  • Children were not present or not drawn into the incident;
  • Victim's relationship to the child is nurturing, protective and stable;
  • Abuser accepts responsibility for the abuse/violence indicting remorse and willingness to engage in services to address abusive behaviour.

Action: The professional should consult with their manager/safeguarding lead within their agency and consider if single agency support can be offered. Consider completing an Early Help Assessment in line with local Early Help procedures. With parents' consent a referral for early help may be appropriate for coordinated support or access to early help or specialist domestic abuse services. If parents/carers do not consent to accessing Early Help services, practitioners should attempt to provide advice to parents and encourage them to access services by signposting to services locally including what to do if conflict escalates. If the domestic abuse is seen in combination with other concerns such as substance misuse, adult mental health problems or there are concerns about the child's presentation, consideration should be given to making a referral to Children's Social Care (CSC) (see Referrals Procedure).

Further help to consider interventions, see Thresholds for access to services -– For children and families in Leicester, Leicestershire & Rutland.


Tier 2: Factors which may indicate the potential risk of harm to the child/ren to be Medium Risk.
  • History of minor/moderate incidents of physical violence of short duration;
  • Victim received minor injury that did not lead to medical attention being sought;
  • Wilful destruction of property belonging to the victim;
  • Family, relatives and/or neighbours report concerns regarding the victim and child/ren;
  • Intense verbal abuse;
  • Abuser attempts to control victim's activities or movements;
  • Child/ren were present in the home during the incident but did not directly witness it;
  • Mental health issues for victim or abuser;
  • Substance misuse for victim or abuser;
  • Victim's relationship to the child/ren is nurturing, protective and stable and despite abuse was not prevented from attending to the child/ren's needs;
  • Significant other nurturing adults in the child/ren's life provides protective factor;
  • Older children able to identify coping/ protective strategies.

Action: A child in this situation will have additional needs. The child/ren and their parents are likely to need family support interventions offered by more than one agency, which should be co-ordinated by a lead professional. A professional should consult with their manager/safeguarding lead within their agency and consider if single agency support can be offered including considering completing an Early Help Assessment in line with local Early Help procedures. With parents' consent a referral for targeted Early Help support may be appropriate for coordinated support or access to Early Help services. When parental consent to Early Help is not in place a referral should be made to Children's Social Care (CSC) to ensure information sharing and a full picture of the child/ren's circumstances is understood. Children's Social Care should consider completing a Children and Families Assessment to consider if the child is a child in need of support. When parental consent is not in place and there is reasonable cause to suspect the child is currently or likely to suffer significant harm a strategy discussion should be considered.

Level 3: Factors which (in the absence of protective factors) may indicate the potential risk of harm to the child/ren is assessed as High Risk. Completion of the DASH with the adult victim is likely to indicate this is a High-Risk incident for them which would also be referred to Multi Agency Risk Assessment Conference (MARAC) regardless of any activity undertaken to reduce the risk. The DASH assessment, if used by the agency, should accompany the referral to CSC. The risk for the child and the adult may be different but remember that a child living in a household with high-risk identified for the adult will be experiencing this risk directly or indirectly and in fact the risk to the child may be higher given their age and vulnerability.
  • Incidents of serious and/or persistent abuse which are increasing in severity, frequency and duration;
  • Victim and/or child/ren indicate that they are frightened of the abuser;
  • Victim required medical attention or explanation for injuries implausible;
  • Victim is pregnant;
  • Requests for Police intervention;
  • Incidents of violence and abuse occur in presence of children;
  • Threat of harm to child/ren and/or adult victim;
  • Physical assault on a pregnant woman;
  • Abuser has history of domestic abuse in previous relationships;
  • Mental health issues for victim or abuser;
  • Substance misuse by victim and/or abuser;
  • Strong likelihood of emotional abuse of child/ren e.g., may display behaviour problems/self-harm;
  • Abuser suspected of physically abusing and/or coercively controlling the child/ren;
  • Minimisation by abuser, lack of remorse/guilt;
  • Any professional identifies the level of risk as High on a DASH assessment and there are children in the household.

Protection factors in these circumstances are limited and the child/ren may have suffered, or are likely to suffer, significant harm. Professionals should make a record of their assessment and the information which underpins it, inform their line manager and refer to Children's Social Care and there should be consideration of a multi-agency strategy discussion to share information, evaluate risk and jointly plan responses to protect the child/ren.

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

In addition to the above guidance specific concerns about the safety and welfare of a child/ren, must always result in a referral to CSC. A referral will always be made where:

  • The child/ren made the original call (usually to the Police);
  • The child/ren has been injured;
  • The child/ren has been used as a shield;
  • A pregnant woman is involved in a violent incident;
  • A domestic abuse specialist is working with a family and deems that the child/ren is/are at risk of harm;
  • 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 line with, see Thresholds for access to services - For children and families in Leicester, Leicestershire & Rutland;
  • High levels of coercive control or threats to kill the child/ren.

Understanding escalation of risk and risk post parental separation

When considering the child/ren's needs in the context of parental separation when a domestic abuse allegation has been made professionals need to be aware that there may be on-going risk and that this may elevate around the separation.

The dynamics of domestic abuse are often based on the perpetrator maintaining power and control over their partner. This may include maintaining or losing economic control. Challenges to that power and control, for example, by separation may increase the likelihood of escalating abuse or homicide. Statistically the months following separation are the most dangerous time for serious injury and death.

Consideration should be given to what may increase or trigger an escalation of risk/violence in individual situations such as separation, a victim gaining independence, loss of accommodation, settled status, or loss of contact with the child/ren. Risk may increase after perpetrators leave the family home (separational abuse). The potential for behaviour changes in perpetrators must be considered as part of any assessment.

Professionals in contact with the child/ren and their families should consider:

  • The previous level of physical danger to the adult victim and in particular the presence of the child/ren during violent episodes;
  • The previous pattern of power, control and intimidation in addition to the physical violence; this may include a perceived loss of control by the perpetrator;
  • The level of coercive or manipulative behaviour of the parent who was 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 harassment, stalking or obsession about the separated partner or the family;
  • The motivation of the parent in seeking / maintaining contact with the child/ren - is it a desire to promote the children's best interest or as a means of continuing intimidation, harassment or violence / abuse to the other parent;
  • 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 parent during contact and its effect on the child/ren;
  • The partner's level of care and supervision of the child/ren in the past;
  • The attitude of the parent to their past violence / abusive behaviour, their capacity to appreciate the impact it has on their family and whether they are motivated and have the capacity to change;
  • Be alert to diversity and cultural issues when dealing with victims. In some cases, leaving a partner may result in being ostracised by family, friends and the wider community increasing the risks to their safety. Bear in mind the 'one chance rule' and obtain as much information as possible as there may not be another opportunity for the individual reporting to make contact;
  • When safety planning with the network, consider with them their understanding of domestic abuse, what the triggers to increased risk are and consider with them their cultural acceptance of abuse within relationships;
  • Understanding risk presented to adult and child victims of domestic abuse will generally be better achieved when engaging with perpetrators. It is important that all practitioners hold perpetrators to account for their behaviour and ensure that the safety of the child/ren and victim are always considered when making any decisions.

Some consideration for practitioners:

  • Perpetrators of domestic abuse 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;
  • Practitioners need to be aware that the child/ren can be used (often intentionally) to retain control over victims and to continue the abuse. This presents the risk of further harm to the child/ren as they are placed at the centre of the conflict;
  • Practitioners should not attempt any form of informal mediation or reconciliation with the perpetrator, victim, family and/or community members;
  • A serial perpetrator is defined as a person who is, 'alleged to have used or threatened violence against two or more victims who are unconnected to each other and who are or have been intimate partners of the perpetrator (as opposed to repeat offending against the same victim or persons in the same household).' A repeat perpetrator is defined as someone who has committed 'two or more incidents of domestic violence against an intimate partner.' Serial or repeat offending will be considered in any action by the Police;
  • Some perpetrators are sentenced via the courts to a Community Sentence or Term of Imprisonment which requires them to be under the supervision of the National Probation Service (NPS). The NPS will hold important information in relation to a perpetrator and there is a focus on risk assessment, risk management and intervention, whether as a single agency or through multi-agency groups such as Safeguarding, Multi-agency Public Protection Arrangements (MAPPA), MARAC or International Organization for Migration (IOM);
  • If a perpetrator has received a prison sentence of 12 months or above, the NPS will have offered statutory victim contact to a victim of that offence. In addition, some perpetrators are sentenced via the courts to attend perpetrator programmes. The victim of a perpetrator on a programme will be offered contact by a Women's Safety worker in the NPS;
  • Interventions should be offered at an early stage when a perpetrator may be most motivated to change their behaviour. Even where a perpetrator leaves a family or is excluded this remains important given the likelihood of either their return or their future involvement in a new household is very high;
  • Traumatic experiences are never an excuse for perpetrating abuse; most people who have been exposed to trauma never go on to cause harm. However, a trauma informed approach for those perpetrating abuse means understanding how past traumas may impact on their behaviour and ability to engage in behaviour change work, including helping to motivate change and wanting something different for their child/ren to what they may have experienced.

5. DASH Identification and Risk Assessment Model, Multi Agency Risk Assessment Conference (MARAC)

Agencies using the DASH Risk assessment must complete it in all cases in response to a domestic incident – and whilst it is completed with the Adult and is focused on Adult risk it can be used to help understand how that risk may impact on the child/ren.

The DASH Identification and Risk Assessment model is a nationally recognised and approved, victim focused model, which identifies the risk to the victim as standard, medium or high. If identified through this tool, or professional judgement and as high risk of homicide or serious injury, a referral should be made to the local Multi-Agency Risk Assessment Conference (MARAC). Risk is dynamic, can change rapidly and may increase or decrease as circumstances change. The 3 Tier risk assessment approach set out above aims to broadly align with the MARAC model.

Locally the MARAC process includes consideration of repeat and escalating cases in the same way as high risk incidents, The Meeting has contribution by agencies including children's social care so that the needs of children identified can be considered with Adult victims.

  • The DASH Identification and Risk Assessment Model is used to identify the level of risk to victims of domestic abuse. Any agency or practitioner can complete the DASH and refer to MARAC. The qualifying criteria for MARAC is not just high-risk cases, it is also to consider cumulative or escalating risk. And it should be considered as a tool to understand new and emerging risk at any stage of intervention;
  • Where the risk to an adult in a household is identified as a high risk (or medium risk where professional judgement considers the risk to be serious) there must be a referral to the local Domestic Violence Multi Agency Risk Assessment Conference (MARAC) along with a referral to an Independent Domestic Violence Advocate (IDVA). The conference would consider what measures have been put in place, and what measures are required to protect the safety of the adult and their child/ren;
  • It is important that the DASH considers the wider history and context of domestic abuse including the impact of risk on the child/ren in the household;
  • Situations may be identified at MARAC which require an Early Help assessment or Social Care referral. MARAC does not replace the need for Child Protection processes to be applied;
  • Should any further incidents occur within 12 months and identified as medium or high risk, a re-referral to MARAC must be made;
  • MARAC also includes consideration of repeat incidents and escalation of concern with specific meetings to review those cases and to consider responses together across agencies;
  • All agencies participate in MARAC and connecting to the agency lead who attends the meeting will provide further information from the meeting to Child protection processes.

A MARAC meeting does not replace the need for multi-agency information sharing and child protection responses being coordinated to safeguard a child.

When there is reasonable cause to suspect that a child is suffering or likely to suffer significant harm a referral to CSC should always be made and strategy meeting considered. This includes when a DASH referral has been made and a MARAC meeting is being convened.

6. Domestic Violence Disclosure Scheme (Clare's Law)

The Domestic Violence Disclosure Scheme (DVDS) (also known as 'Clare's Law') is a formal mechanism to make enquires about an individual who they are in a relationship with, or who is in a relationship with someone they know, where there may be a concern that the individual may be violent towards their partner. This scheme adds a further dimension to the information sharing about the child/ren where there are concerns that domestic violence and abuse is impacting on the care and welfare of the child/ren in the family.

Members of the public can make an application for a disclosure, known as the 'right to ask'. Anybody can make an enquiry, but information will only be given to someone at risk unless there are stated concerns about mental capacity. The scheme is for anyone in an intimate relationship regardless of gender.

In order for an applicant to receive a relevant disclosure, they must either be in a relationship with the person of concern, be considering reconciling such a relationship, or having previously been in a relationship with the person of concern, require a disclosure in order make decisions about their own personal safety.

Partner agencies can also request disclosure is made of an offender's history where it is believed someone is at risk of harm. This is known as 'right to know'. This still goes to "the person at risk" and isn't shared with anyone else. Following a DVDS disclosure, Leicestershire Police will consider completing a child at risk Public Protection Notification (PPN) this will be to ensure that partner agencies are aware of the disclosure that has been made. Partner agencies should consider, that when they have information that suggests someone is a domestic abuse (DA) perpetrator that they should complete a request. If, however, professionals simply advise the "person at risk" to submit their own application, they may not do so, and as such they and their child/ren could be left at risk of serious harm. In some circumstances it will be necessary for practitioners to encourage someone to complete the application for themselves to demonstrate the ability to safeguard themselves and others but where risk is pre-identified through existing knowledge professionals should consider making the referrals themselves. Leicestershire Police will communicate with the relevant professional when the disclosure has been made or not made (particularly in cases of non-engagement).

As a caveat, the DVDS should not be considered by professionals to be an alternative to obtaining police information for the purpose of child safeguarding. Whilst it remains entirely appropriate for practitioners to make "right to know" applications and to inform individuals about Clare's Law, so that they may use the relevant police information to safeguard themselves (and by association their child/ren), its core purpose is not to inform child protection enquiries. In these scenarios social workers should consider traditional methods of information sharing within child safeguarding – such as police checks, or data subject requests where legal proceedings have commenced. As always, lawful requests for police information should be considered in the context of how said information will be used and how it will inform safeguarding of vulnerable children and families.

If a potentially violent individual is identified as having convictions for violent offences, or information is held about their behaviour which reasonably leads the Police and other agencies to believe they pose a risk of harm to their partner, the Police will consider disclosing the information. A disclosure can be made if it is legal, proportionate and necessary to do so.

For further information, see Domestic Abuse Disclosure Scheme (Clare's Law) - Leicestershire Police.

7. Non-fatal Strangulation

Non-fatal strangulation can be used as a form of assault in domestic abuse and a history of strangulation can significantly increase the risk of an eventual fatality. Non-fatal strangulation is often used to instil fear and exert power and control. Victims who experience non-fatal strangulation may believe at the time that they will die as a result. Loss of consciousness, even temporary, can cause brain damage, this includes long-term neurological damage such as memory loss and facial droop. In addition, loss of consciousness can create an increased risk of miscarriage and stroke. Despite the strong link between non-fatal strangulation and domestic homicide, it can be difficult to identify due to a lack of visible injury. Visible marks are not always present but the absence of marks should not undermine an account of non-fatal strangulation. It is quite possible that the person will not recognise that they have lost consciousness while being strangled.

Also see: Institute for Addressing Strangulation (IFAS) for additional resources and the LLR Local Resources Area for Safeguarding Practice Guidance.

Non-fatal strangulation is a criminal offence. Section 70 of the Domestic Abuse Act 2021 amends Part 5 of the Serious Crime Act 2015 to provide that a person commits the offence of strangulation or suffocation if they intentionally strangle another person or do any other act that affects another person's ability to breathe. Non-consensual or harmful non-fatal strangulation can also arise in a sexual context and is also an offence under the Act.

8. Domestic Abuse & Housing Needs

A person experiencing domestic abuse may need to consider their options for housing. This may be a temporary option, to allow time to consider their rights to remove the perpetrator and move back to their original property. In other cases, the survivor and their children might want or need to find somewhere new to live permanently.

Local support services may assist a victim seeking housing support and can help a person within the UK experiencing domestic abuse seek safety in temporary accommodation. They can support a person looking for refuge housing support and professionals working with individuals that require access to housing support. The Refuges National Domestic Abuse Helpline has a 24 hour a day helpline (0808 2000 247) and can support with safety planning, looking at suitable accommodation and signposting individuals to other appropriate services.

Leicester City Council, Leicestershire and Rutland County Councils and the District or Borough Councils have a list of main Housing Contacts, see below.

The Councils will consider that a person who is homeless as a result of domestic abuse directed towards them, has an automatic priority need for homelessness assistance (s.189(1)(e) Housing Act 1996 as inserted by s. 78 Domestic Abuse Act 2021.). A person who leaves their home because of domestic abuse could apply for homelessness assistance from their local authority and cannot be treated as intentionally homeless.

From 1 October 2021, every relevant local authority must plan and provide accommodation for victims of domestic abuse and their child/ren in its area. (Part 4 Domestic Abuse Act 2021; reg 2(e) The Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021 SI 2021/1038.) A domestic abuse survivor could also temporarily claim benefits to pay for two properties if they have left their home because of fear of violence. For a survivor to claim benefits for a property during a temporary absence, it must be unreasonable to expect them to return because of the fear of violence. They must intend to return to the original property when it is safe.

Leicester City Council

Rutland County Council

Leicestershire County Council

North West Leicestershire District Council

Charnwood Borough Council

Blaby District Council

Harborough District Council

Melton Borough Council

Oadby & Wigston Borough Council

Hinckley & Bosworth Borough Council

9. Operation Encompass

Operation Encompass is an initiative which aims to improve communication between the police and schools for children experiencing domestic abuse, which is in place across Leicester, Leicestershire and Rutland.

Operation Encompass ensures that there is a simple telephone call or notification to a school's trained Designated Safeguarding Lead (DSL) prior to the start of the next school day after a domestic abuse incident attended by the Police where there are children related to either of the adult parties involved.

Its purpose is to ensure schools have more information to support safeguarding. By knowing that the children has had this experience the school is in a better position to understand and to be supportive of the child/ren's needs and possible behaviours. Children affected by domestic abuse may find it difficult to talk about what has happened.

Operation Encompass aims to directly connect police and schools, to secure better outcomes for the child/ren by helping schools to better understand the impact living with domestic abuse has on the child/ren and understand their lived experiences. It aims to help schools support the child/ren better on a day-to-day basis.

The Encompass process is delivered in partnership between the Police and Children's Social Care (CSC). This will result in a phone call to the school between 8.00 and 8.30am and information sharing with the Head Teacher or a Designated Safeguarding Lead. The school will be informed simply that there was an incident of domestic abuse and the name of the children. Operation Encompass is in addition to any specific CSC responses to a domestic abuse incident but provides additional information sharing with schools.

Receiving an Operation Encompass call does not automatically mean that the school need to make a referral about the child/ren to CSC, unless the additional information provided by the Encompass call means that the threshold for specific referrals is now met.

If the Head Teacher/DSL misses the call a number will be left for a call back.

What should the school do with the information?

The information sharing should not in itself provoke a proactive response to the individual child/ren by the school but may inform the school's response to any presenting behaviour. The Head Teacher or DSL will share the information on a need-to-know basis – e.g., with the form teacher. Some schools may have the staff and resources to provide reassurance to the child/ren and this may give them permission to talk about how they feel and what has been happening to them. The key aim of this process, however, is to ensure that the child/ren is offered sensitivity and understanding following a distressing incident.

Schools should inform parents via newsletter or other means that when Police attend an incident of domestic violence/abuse the school will be informed the next morning. By sharing this information, the parents affected by domestic abuse will know that they can approach the school. In addition, there will be wider publicity about the scheme which is in place in many parts of the country.

Click here to find out more about Operation Encompass.

When dealing with domestic abuse it is important to apply the local threshold procedure and consider how best to intervene. Other policies and procedures support good multi-agency practice and will support interventions, together with access to single and multi-agency training on domestic abuse.