4.16 Domestic Abuse

1. Introduction

Domestic abuse may manifest itself in a variety of ways including physical violence, emotional or psychological abuse, sexual violence and abuse, financial control and abuse and the imposition of social isolation or movement deprivation.

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

All agencies must ensure their staff, carers and volunteers are fully aware of the extent and nature of the effect domestic abuse can have on children and their policies and procedures must provide for the need to share information with others where incidents of domestic abuse come to their attention in their work.

It is essential to be aware that trust must be built with victims of domestic abuse and that this is not easily achieved. Care must be taken not to increase risk.

2. The Child

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.

Domestic abuse has an impact in a number of 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. The effects may result in behavioural issues, absenteeism, ill health, bullying, substance misuse, self-harm and anti-social behaviour.

The negative impact of domestic abuse on an adult victim or perpetrator’s parenting capacity is exacerbated when violence is combined with any form of substance misuse; children witnessing the violence; children drawn into the violence; or children pressurised into concealing assaults.

Children’s exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress.

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.

The Children Act 1989 definition of “harm” in the term “significant harm” has now been amended so that it explicitly includes “impairment suffered from seeing or hearing the ill-treatment of another.” This clearly covers the situation of children living within an environment where domestic abuse takes place.

3. 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 Protocol.

When a referral is made to Children, Young People and Families, there must be clarity about who in the family is aware that a referral is to be made. Any response by Children, Young People and Families to such referrals should be discreet, in terms of making contact with the adult victim in ways which will not further endanger them or their children. In some cases a child may be in need of immediate protection.

4. Concerns and Referrals

The Police are often the first point of contact with families in which domestic abuse takes place although ambulance and Accident and Emergency departments are also often involved as 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. The Police should see any children present in the household to assess their immediate safety.

The Police officers attending incidents of domestic abuse involving families with children will notify Children, Young People and Families in accordance with the local Protocol with the Thames Valley Police – see Appendix 2 - Joint Protocol between Thames Valley Police and Children, Young People and Families Service.

Where the child is 5 or under, the Police will also notify the Primary Health Care Team in accordance with the Information Pathway set out in Appendix 1 - Oxfordshire Primary Care Trusts Domestic Abuse Information Pathway.

The Police will make an immediate referral to Children, Young People and Families where the child appears to be at immediate and significant risk for example where:

The child made the original call to the Police
The child has been injured
The child has been used as a shield
Any incident involves a pregnant woman

Any agency with concerns that domestic abuse has occurred within a family with children (including unborn children) should make a referral to Children, Young People and Families. The concerns may relate to:

The child having been present in the home when the abuse occurred or having witnessed the event
The child being aware of the violence within the relationship
How the child presents
The age and vulnerability of the child
Violence escalators (e.g. pregnancy, alcohol/drug abuse etc.)
Recent separation (which raises risk in the short term)
Evidence of harassment/stalking
Threats to kill

5. Assessment

Children, Young People and Families will at a minimum carry out an Initial Assessment where a referral is received in relation to a serious incident of domestic abuse or where three referrals of lesser incidents are received within a period of six months.

An inter agency approach to information sharing in the assessment is vital and the provision of a range of support services such as refuge projects and the voluntary sector should be offered in appropriate cases.

Considerations in assessments where domestic abuse may be present include:

Asking direct questions about domestic abuse
Considering the nature of the violence, the level of predictability, fear and intimidation
Identifying those who are responsible for domestic abuse in order that relevant family law or criminal justice responses may be made
Taking into account whether there may be continued or increased risk of domestic abuse towards the non-abusing parent and/or child after separation especially in connection with post-separation child contact arrangements
Assessing whether the non-abusing parent is able to prevent the child from being harmed by violence
Providing the non-abusing parent with full information about their legal rights and the extent and limits of statutory duties and powers
Assisting the non-abusing parent and children to get protection from violence by providing relevant practical and other assistance
Supporting non-abusing parents in making safe choices for themselves and their children
Working separately with each parent where domestic abuse prevents non-abusing parents from speaking freely and participating without fear of retribution

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 need for a Core Assessment and Child Protection Assessment should be influenced by the following factors:

Whether the child was assaulted during the course of the dispute
Whether the child was caught in the crossfire and sustained injury as a result
Whether the child was left unattended as a result
Whether the child witnessed a serious assault on a parent
Whether the child is already subject to a Child Protection Plan
Whether the woman who was assaulted was pregnant
Whether the child is living in a household where there are frequent episodes of domestic abuse
Whether the child’s emotional or physical development is impaired by the presence of domestic abuse

6. Child Protection Conferences

The Independent Conference Chair and the social worker 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. 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.

7. Multi-Agency Risk Assessment Conferences

This is a Police-led meeting focused on victim-safety planning, actions regarding the perpetrator of violence and case co-ordination in high risk domestic violence cases. There are 2 monthly MARACs at present: one in Banbury covering the North/Witney, one covering Oxford and South. They each bring together standing members i.e. key professional representatives who can commit responses on behalf of their teams/agencies, and professionals with specific knowledge of individual cases being discussed. Survivors and families do not attend the discussions. In each case a lead agency is identified and actions are agreed. The professionals are expected to communicate with the survivor and act in liaison with each other. MARACs anticipate being able to work most effectively as Independent DV Advisers come on stream and are able to pick up work from the MARACs.

Referrals are welcome from all agencies, but all cases must conform to the ‘high risk’ criterion used by DV Units and are referred via the DV Unit so that Police action can be taken where appropriate.

MARACs do not intend to duplicate the work of Child Protection Conferences. They keep a record of all cases referred which are already being risk-managed within the Safeguarding Procedures and offer to add value via any specialist expertise that the Child Protection Conference or Core Group may request.

MARACs consider the impact on safety-planning of sanctions imposed by Courts and the potential for the perpetrator to receive a treatment programme.

Appendix 1 - Oxfordshire Primary Care Trusts Domestic Abuse Information Pathway

Click here to view the Oxfordshire Primary Care Trusts Domestic Abuse Information Pathway

Appendix 2 - Joint Protocol between Thames Valley Police and Children, Young People and Families Service

DOMESTIC ABUSE

Children living in households where domestic abuse is prevalent are victims of domestic abuse. Therefore the risks posed to children needs to be assessed and managed appropriately. In order to do this, there is a need for good communication and information sharing by both agencies. The Police risk assessment is primarily focused on the adult victim but will include minimal information on any children in the family and particularly those present during the incident/crime.
Thames Valley Police will notify their local Children, Young People & Families Assessment Teams of any domestic abuse incident/crime which involves a family with children. This function will in normal circumstances be carried out by the relevant Domestic Violence Unit.
Any incident/crime involving children where they appear to be at immediate and significant risk of harm should be reported immediately and accompanied by a telephone call.
Details of other incidents/crimes and information relating to children involved will be sent to the local Children, Young People & Families Assessment Team at the earliest opportunity. This will include the IQ report summary marked with the initial Risk Assessment Grade. Any updated information relating to the Risk Assessment would be communicated (by telephone if urgent). It is important to be aware that the Police Risk Assessment is completed in relation to the adult victims rather than the children. Any potential risk to other professionals should be reported immediately.
As part of the initial attendance at any domestic abuse incident, the patrol officer will collect basic information relating to children in the family and will physically verify the welfare of those children in the house at the time of the incident/Police visit.
On receipt of this information, the Children, Young People & Families Assessment Teams will check their database and any past information that relates to the family. Any relevant information should be passed to the Domestic Violence Unit (TVP) to assist in their risk assessment. This can be achieved by a (recorded) telephone call or fax. If the additional information is of a serious/high risk nature, this should be communicated immediately by telephone.
Any information about children who may also be known to the Child Abuse Investigation Unit (CAIU) should be shared with both Police units.
All such communications and information sharing should be recorded on Children, Young People and Families’ case files.
Information Sharing

The sharing of information among professionals working with children and their families is essential. In many cases it is only when information from a range of sources is put together that a child can be seen to be in need or at risk of harm. In many instances, a failure to pass on information that might have prevented a child suffering harm would be far more serious and dangerous than an incident of unjustified disclosure. There is nothing to prevent sharing of information between agencies if:
- The public interest in safeguarding the child’s welfare overrides the need to keep the information confidential; or
- Disclosure is required under a statutory obligation, for example the local authority duty to investigate all cases where there is reasonable cause to suspect a child is suffering or is likely to suffer Significant Harm (under section 47 of the Children Act 1989).
For further details, see also Information Sharing Protocol

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