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Domestic Abuse Draft Statutory Guidance Framework

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Domestic Abuse Draft Statutory Guidance Framework Domestic Abuse Draft Statutory Guidance Framework July 2021 © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third-party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/government/consultations/domestic- abuse-act-statutory-guidance Any enquiries regarding this publication should be sent to us at [email protected] 2 Domestic Abuse Statutory Guidance Framework Contents Executive Summary 7 Chapter 1 – Objectives 10 Introduction 10 Chapter 2 – Understanding Domestic Abuse 12 Background 12 Domestic Abuse Act 2021 13 Forms of domestic abuse 16 Recognising Domestic Abuse 23 Intersectionality and related considerations 34 Perpetrator tactics 54 Chapter 3 – Impact on Victims 58 Impact on the Victim 58 Impact on Children 59 Chapter 4 – Agency Response to Domestic Abuse 65 Early Years and Childcare 67 Schools and colleges 67 Higher education 69 Children’s Social Care 70 Adult Social Care 75 Health Professionals 77 Housing 82 Criminal Justice System and Women 86 Jobcentre Plus 88 Criminal Justice System – Police 89 Tools Available for the Police 92 Criminal Justice System – CPS 96 Criminal and Civil Justice System – Criminal, Civil, and Family Courts 98 Criminal Justice System – Domestic Abuse Best Practice Framework for Courts 107 1 Domestic Abuse Statutory Guidance Framework Criminal Justice System – Prison and Probation 108 Criminal Justice System – Local Criminal Justice Boards 110 Employers 110 Financial services 112 Links with the voluntary sector 113 Chapter 5 – Working Together to Tackle Domestic Abuse 114 Seeing and responding to the whole picture 116 Designing around the needs of victims 119 A clear strategic focus 121 Participation as active partners in meaningful joint working 122 Specialist skills 122 Safe and effective information sharing 123 Addressing the behaviour of the perpetrator 124 Valuing and employing staff with the right values 125 Multi-Agency Risk Assessment Conferences 126 Multi-Agency Public Protection Arrangements 127 Perpetrator Panels 127 Domestic Homicide Reviews 130 Operation Encompass 130 Chapter 6 – Commissioning Response to Domestic Abuse 132 National Statement of Expectations 133 Perpetrator Programmes 134 Behaviour Change interventions 135 Annex A – Support Available for Victims 136 Annex B – Glossary of Acronyms 140 Annex C – Guidance Documents 142 2 Domestic Abuse Statutory Guidance Framework Contents in detail Executive Summary 7 Chapter 1 – Objectives 10 Introduction 10 Chapter 2 – Understanding Domestic Abuse 12 Background 12 Domestic Abuse Act 2021 13 Forms of domestic abuse 16 Intimate partner abuse 16 Teenage Relationship Abuse 16 Abuse by family members 19 Child-to-Parent Abuse 20 Recognising Domestic Abuse 23 Physical abuse 23 Sexual abuse 24 Controlling or coercive behaviour 25 Technological abuse 27 Emotional or psychological abuse 28 Verbal abuse 29 Spiritual Abuse 29 Religious marriage and divorce 30 So-called Honour-Based Abuse 32 Economic abuse 33 Intersectionality and related considerations 34 Age 36 Disability 37 Deaf victims 38 Speech and Language 39 Sexual Orientation & Gender Identity 39 Gender and Sex 40 Pregnancy 42 3 Domestic Abuse Statutory Guidance Framework Race 42 Immigration status and migrant victims 43 Asylum Seekers 47 NRPF Change of Conditions 47 Fee Waivers 48 Support for Migrant Victims Scheme 48 Faith 48 Alcohol, substance misuse and mental health 49 Harassment or Stalking 51 Forced Marriage 53 FGM (Female Genital Mutilation) 53 Modern Slavery 54 Perpetrator tactics 54 Chapter 3 – Impact on Victims 58 Impact on the Victim 58 Impact on Children 59 Chapter 4 – Agency Response to Domestic Abuse 65 Early Years and Childcare 67 Schools and colleges 67 Higher education 69 Children’s Social Care 70 Identification 70 Response 72 Responding to teenage relationship abuse 74 Adult Social Care 75 Health Professionals 77 Housing 82 Homelessness and domestic abuse victims’ priority need for accommodation 82 Housing response 83 Safe Accommodation 84 Criminal Justice System and Women 86 Jobcentre Plus 88 Criminal Justice System – Police 89 Link between victimisation and offending 91 4 Domestic Abuse Statutory Guidance Framework Victims with insecure immigration status 92 Tools Available for the Police 92 Bail 92 Voluntary Attendance Interview 93 Protective Notices and Orders 93 The Domestic Violence Disclosure Scheme 96 Criminal Justice System – CPS 96 Victim’s Right to Review scheme 98 Criminal and Civil Justice System – Criminal, Civil, and Family Courts 98 Criminal courts 98 Civil courts 98 Family Courts – children cases 99 Protective Orders 100 Special Measures in the Criminal Courts 106 Special Measures in the Family Courts 106 Special Measures in the Civil Courts: victims of specified offences 107 Criminal Justice System – Domestic Abuse Best Practice Framework for Courts 107 Criminal Justice System – Prison and Probation 108 Criminal Justice System – Local Criminal Justice Boards 110 Employers 110 Financial services 112 Links with the voluntary sector 113 Chapter 5 – Working Together to Tackle Domestic Abuse 114 Seeing and responding to the whole picture 116 Designing around the needs of victims 119 A clear strategic focus 121 Participation as active partners in meaningful joint working 122 Specialist skills 122 Safe and effective information sharing 123 Addressing the behaviour of the perpetrator 124 Valuing and employing staff with the right values 125 Multi-Agency Risk Assessment Conferences 126 Multi-Agency Public Protection Arrangements 127 Perpetrator Panels 127 5 Domestic Abuse Statutory Guidance Framework Domestic Homicide Reviews 130 Operation Encompass 130 Chapter 6 – Commissioning Response to Domestic Abuse 132 National Statement of Expectations 133 Perpetrator Programmes 134 Behaviour Change interventions 135 Annex A – Support Available for Victims 136 Annex B – Glossary of Acronyms 140 Annex C – Guidance Documents 142 6 Domestic Abuse Statutory Guidance Framework Executive Summary This guidance is issued under Section 84 of the Domestic Abuse Act 2021 (‘the 2021 Act’) and has been formulated to set standards and promote best practice. The guidance therefore is aimed at statutory and non-statutory bodies working with victims, perpetrators and commissioning services, including the police, local authorities, and the NHS to increase awareness and inform their response to domestic abuse. It is also aimed at support organisations working with victims. Chapter 1 provides the objectives of the guidance and Chapter 2 sets out background on domestic abuse and our understanding of it as seen in data and evidence. Chapter 2 details the statutory definition and expands on this through setting out some of the key forms of abuse in different relationship contexts and a range of abusive behaviours, in order to assist in recognising abuse. It also explores intersectionality and related considerations – that individuals can be victims of multiple and different abusive behaviours because of the way different personal or situational characteristics overlap, including effects on their access to services and support if services are not designed to meet their needs. Chapter 3 describes the impact of domestic abuse on victims, highlighting common themes and experiences. It looks in detail at the impact on children, who are for the first time recognised as victims of domestic abuse in their own right, intending to highlight different aspects of the experience of young people, or factors which affect this, so that this can be considered in seeking to meet their needs. It explains how the statutory definition of domestic abuse is to operate alongside other measures that address the safeguarding of children and for all victims it promotes consideration of intersectionality in assessing impact. Chapter 4 outlines the role of individual agencies in responding to domestic abuse. It sets out the context of existing guidance and strategies and the tools available to organisations. Chapter 5 sets out the responsibility for agencies to work together and share information and discusses in detail best practice principles for multi-agency working. Chapter 6 discusses standards for agencies commissioning responses, including the public sector equality duty and the national statement of expectations. It details the duty on local authorities, under Part 4 of the 2021 Act, to provide support to victims and their children in refuges and other safe accommodation. It also references standards and expectations for perpetrator programmes and behaviour change interventions. The guidance is supplemented with case studies to help illustrate some of the subject matter described and annexes are included to signpost a wide array of support available for victims (Annex A), define the acronyms used within the guidance (Annex B) and highlight the diverse guidance available to support frontline professionals (Annex C). 7 Domestic Abuse Statutory Guidance Framework This guidance extends to England and relates to reserved or non-devolved matters to Wales. In relation to Wales, the guidance is aimed at those agencies discharging functions which are reserved to
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