5.8 Domestic Abuse

1. Domestic Abuse Act 2021

1.1  Definitions

The Domestic Abuse Act 2021 (DAA) provides a statutory (legal) definition of domestic abuse. The definition includes children who have seen, heard, or experienced the effects of domestic abuse, and who are related to either the victim of the abusive behaviour, or the perpetrator.

Domestic abuse is:

the behaviour of a perpetrator towards a victim where:

• both the perpetrator and the victim are aged 16 or over and are personally connected to each other (see Section 1.2 Personally connected); and
• the behaviour is abusive.

Behaviour is defined as 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.

It does not matter whether the behaviour is a single incident or consists of a number of incidents over a period of time.

1.2 Personally connected

Under the DAA, two people are personally connected if any of the following apply:

• they are married to each other;
• they are civil partners of each other;
• they have agreed to marry one another or enter into a civil partnership (whether or not they are still planning to);
• they are or have been in an intimate personal relationship with each other;
• they each have, or there has been a time when they each had, a parental relationship in relation to the same child;
• they are relatives.

Domestic abuse also includes so called ‘honour’ based abuse (see So Called Honour Based Abuse and Forced Marriage, the Crown Prosecution Service , forced marriage (see Forced Marriage, gov.uk) and female genital mutilation (see Female Genital Mutilation, gov.uk).

2.3 Controlling or coercive behaviour

An offence of controlling or coercive behaviour is committed when the victim and perpetrator are personally connected at the time the behaviour takes place, and:

• the behaviour has a serious effect on the victim, meaning that it has caused the victim to fear violence will be used against them on two or more occasions, or it has had a substantial adverse effect on the victim’s usual day to day activities; and
• the behaviour takes place repeatedly or continuously.

For more information on developing knowledge and skills in working with situations of coercive control see, Research in Practice for Adults, Coercive Control.

3. Victims and Perpetrators of Domestic Abuse

Anyone can be affected by domestic abuse, regardless of their age, sex, sexual orientation, gender identity, gender reassignment, race, religion or disability.

There is no justification for domestic abuse. The perpetrator and others may blame the victim for causing their behaviour, but it is never their fault. Some perpetrators do not recognise that their behaviour is domestic abuse, but all perpetrators are responsible for their behaviour and should be held accountable for it.

4. Working with People where there are Concerns of Domestic Abuse

Fewer than one in five victims report their abuse to the police, meaning that many do not come into contact with the criminal justice system. It is important therefore that Adult Social Care Practitioners can identify victims and know how to respond; this includes being able to:

• support victims to get protection from abuse by providing relevant practical and other assistance;
• identify those who are responsible for perpetrating such abuse, so that there can be an appropriate criminal justice response;
• provide victims with full information about their legal rights, and about the extent and limits of statutory duties and powers;
• support non-abusing parents in making safe choices for themselves and their children, where appropriate.

Social workers in contact with adults who been threatening or abusive towards  them in their role as professionals should consider the potential for that person to be also abusive in their personal relationships.

4.1 Asking questions and assessing risk

4.1.1 Asking question safely

Whenever there are concerns about possible domestic abuse, practitioners should try to see the adult on their own so they can ask them whether they are experiencing, or have previously experienced, domestic abuse. This includes asking direct questions about domestic abuse.  It will take time to build trust and confidence, and adults may not feel able to share all aspects of their situation initially.

4.1.2 Assessing risks

An assessment of risk should take place in all situations where an adult with care and support needs is experiencing domestic abuse. This assessment should be personalised to reflect the needs of adult, use the principles of making safeguarding personal and involve the support of an independent advocate if required.

When assessing domestic abuse and the needs of a victim of domestic abuse, the following should be considered:

• age and vulnerability of the adult;
• the adult’s description of the abuse and its impact on them;
• frequency and severity of the abuse;
• whether there were any children or other adults who either witnessed the abuse or were in the property at the time;
• if any weapons used or threatened to be used;
• if other agencies may have information which needs to be considered.

Tools including the Domestic Abuse, Stalking and Harassment (DASH) checklist can be used as an aid to professional judgement.

4.2 Responding to concerns

• Take immediate safety measures if there is an imminent risk of harm:  If, on the basis of information received or concerns witnessed, a practitioner believes an adult or child is at imminent risk of harm, they should contact the police immediately by telephoning 999.
• If there are safeguarding children concerns: Section 3 of the Domestic Abuse Act 2021 recognises children as victims of domestic abuse if they see, hear, or experience the effects of the abuse, and are related to, or falls under ‘parental responsibility’ of, the victim and / or perpetrator of the domestic abuse. A child is therefore considered a victim of domestic abuse if one parent is abusing another parent, or where a parent is abusing, or being abused by, a partner or relative.

Adult practitioners who become aware of children living in households affected by domestic abuse (or a young person over 16 who is a victim of domestic abuse) should always act by sharing this information with Children’s Social Care (see Central Bedfordshire Safeguarding Children Partnership procedures).

If there are safeguarding adults’ concerns: Under the Care Act 2014, the local authority has a safeguarding duty to an adult who appears to have needs for care and support (whether or not the local authority is meeting those needs), is experiencing or is at risk of abuse or neglect, and, as a result of those care and support needs, is unable to protect themselves from the risk of, or experiencing, abuse or neglect. This includes domestic abuse, if the adult appears to have needs for care and support. See Safeguarding Procedures for Responding in Individual Cases.

When a safeguarding adults’ referral is received, it will be reviewed by the local authority to see if it meets the criteria for a safeguarding enquiry under Section 42 of the Care Act.

5. Domestic Violence Disclosure Scheme

The Domestic Violence Disclosure Scheme (also known as Clare’s Law) contains two elements: the Right to Ask and the Right to Know.

Under the Right to Ask, a person or relevant third party (for example, a family member) can ask the police to check whether a current or ex-partner has a violent or abusive past. If records show that an individual may be at risk of domestic abuse from a partner or ex-partner, the police will consider disclosing the information.

The Right to Know enables the police to make a disclosure on their own initiative if they receive information about the violent or abusive behaviour of a person that may impact on the safety of that person’s current or ex-partner. This could be information arising from a criminal investigation, through statutory or third sector agency involvement, or from another source of police intelligence.

6. Professional Safety

It is important to assess any potential risks to Adult Social Care practitioners, including carers or other staff who are providing services to a family where there are concerns around domestic abuse. In such cases a risk assessment should be undertaken, and safety measures put in place if required. Social care staff should speak with their manager and follow the local guidance for staff safety. Such issues should also be discussed during supervision (see Supervision chapter).

7. Further Reading

7.1 Relevant chapter

Safeguarding Procedures for Responding in Individual Cases

7.2 Relevant information

Domestic Abuse: How to get help (Home Office)

Domestic Abuse Act Factsheets (Home Office)

Domestic Abuse Statutory Guidance (Home Office) 

Controlling or Coercive Behaviour Statutory Guidance Framework (Home Office)

SafeLives