6.5 Domestic Abuse |
RELATED CHAPTERS
This chapter should be read in conjunction with reference to Domestic Abuse Reduction Strategy.
Contents
- Diversity
- Definition
- Effects and Impact on Children
- Responding to Domestic Violence
- Referral Process
1. Diversity
Domestic abuse occurs across society, regardless of age, gender, race, ethnic background, culture, sexuality, class or disability. Professionals, offenders, victim/survivors, children and young people, stakeholders and the public must be confident that provision of services will not be disproportionate or unwittingly influenced by any aspect of diversity. All professionals have a responsibility to ensure equitable, fair and accessible practice.
2. Definition
Domestic abuse is defined as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults aged 18 and over who are or have been intimate partners or are family members regardless of gender.
The definition of "harm" in the term Significant Harm - as in the ill treatment or impairment of health and development - was recently extended so that it is made explicit that harm may include "impairment suffered from seeing or hearing the ill treatment of another". (This amendment to the Children Act 1989 was made in section 120 of the Adoption and Children Act 2002, which came into effect on 30 January 2005.)
3. Effects and Impact on Children
Prolonged and/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 adult victim/survivor to protect the child. Anyone working with children and parents/carers should be alert to the frequent inter-relationship between domestic abuse and the abuse and neglect of children.
Domestic abuse can have an impact on the safety and welfare of children in a number of ways, including:
- Children receiving blows or sustaining injuries during episodes of domestic abuse
- Physical Abuse; Sexual Abuse
- Neglect
- Children being emotionally harmed by witnessing the physical and emotional suffering of parents/carers
- The safety of an unborn child being threatened, where a pregnant woman is assaulted; abuse often starts in pregnancy, escalates and is linked to maternal death
- The experience of domestic abuse having a negative impact on the ability of the adult victim/survivor and/or perpetrator to look after the children and form healthy relationships
- Children living in poverty where the abusive partner controls family finance
- Poor communication between practitioners working across Local Authority boundaries
See Impact on Children of Domestic Violence
The impact of domestic abuse on children is exacerbated when:
- The abuse is combined with alcohol and substance misuse in both or either parent/carer
- The abuse is combined with mental health problems in both or either parent/carer
- Children witness the violence/abuse
- Children are drawn into the violence/abuse
- Children are pressurised into concealing the violence/abuse
- Significant life events, such as the birth of a second or subsequent child or the death of a close family member such as a grandparent
- There are cultural issues - see also Female Genital Mutilation Procedure, Forced Marriage Procedure and Race and Racism Procedure
Even so, children's exposure to parental/carer conflict, with or without exposure to domestic abuse, can lead to serious anxiety and distress among children.
Where there is evidence of domestic abuse, the implications for any children in the household should be considered, including the possibility of the children being physically harmed or being emotionally harmed by witnessing or overhearing the violence. This can also include witnessing the physical, emotional and psychological consequences for the adult victim/survivor
4. Responding to Domestic Abuse
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.
When the police or other agencies respond to or receive information about an incidence of domestic abuse, efforts should be made to confirm as quickly as possible whether there are children living in the household.
Where there is immediate concern about the safety of the child(ren) in relation to an incident of domestic abuse, the police can exercise their powers to safeguard, either by removing the abusing adult, or indeed removing the child(ren).
Where emergency action is taken to protect a child, the police should inform Children's Social Care immediately, and a Strategy Discussion should take place between the Children's Social Care Team Manager and the manager of the Police Vulnerable Persons Unit. Information from other agencies should be shared, where available.
In circumstances where it has not been necessary to take emergency action to protect a child, but the police have responded to an incident of domestic abuse and a child is a member of the household, the police should decide whether to refer the matter to Children's Social Care for further assessment.
The Police will always make a referral 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
- The child witnessed an incident
The issue of informing the parent/carers of the referral will need to be handled sensitively in such situations, in order that the process of referral and assessment by Children's Social Care does not put the non-abusing parent and child(ren) at further risk.
In responding to situations where domestic abuse may be present, social workers or other practitioners should always work separately with each parent/carer where domestic abuse prevents non-abusing parent/carers from speaking freely and participating without fear of retribution.
In working with families where domestic abuse is an issue, practitioners should:
- Ask direct questions about domestic abuse
- Check whether domestic abuse has occurred whenever child abuse is suspected and consider the impact of this at all stages of assessment, enquiries and intervention
- Identify who is responsible for the abuse
- Undertake a risk assessment
- Ensure non-abusing parent/carers receive information about their legal rights and signposting to a specialist service
- Assist non-abusing parent/carers and children to get protection from domestic abuse by providing practical assistance and information as appropriate
- Support non-abusing parent/carers in making safe choices for themselves and their children, including providing information on crisis planning /safety planning
- Work separately with each parent/carer where domestic abuse prevents non-abusing parents/carers from speaking freely and participating without fear of retribution
- Understand that there may be continued or increased risk of domestic abuse towards the abused parent/carer and/or child after separation, especially in connection with post-separation child contact arrangements
5. Referral Process
Where safeguarding concerns are identified during, or on completion of, an assessment the practitioner should contact the designated lead for safeguarding in their agency and follow the Referrals Procedure. See Part 4 of this manual - Referrals to Knowsley Children's Social Care Procedure.
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