4.1.17 Domestic Violence and Abuse |
Contents
How to Refer Child Protection Concerns in situations of Domestic Violence and Abuse
Information to be Provided by a Referring Agency
Police Criteria for Referring Children where there is Domestic Violence and Abuse
Children’s Social Care Services Response to Police Notifications of Domestic Violence and Abuse
Information Sharing and Assessment Protocol
Definition
Domestic Violence is defined by the Home Office as:
“Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.”
In addition, the Coventry Domestic Violence and Abuse Partnership (CDVAP) works to the following definition:
“Domestic Violence and Abuse is any violent or abusive behaviour, whether physical, sexual, psychological, emotional, financial or verbal, which is used by one person to control and dominate another with whom they have or have had an intimate or family-type relationship.”
These definitions include issues of concern to black and minority ethnic (BME) communities such as so called ‘honour killings’ honour crimes’ and forced marriages. See Children and Forced Marriages Procedure, Honour-Based Violence Procedure and Children and Female Genital Mutilation Procedure.
The amendment made in section 120 of the Adoption and Children Act 2002 to the Children Act 1989 clarifies the meaning of ‘harm’ in the Children Act, to make explicit that ‘harm’ includes, for example, impairment suffered from seeing or hearing the ill-treatment of another.
Typically, domestic violence involves a pattern of abusive and controlling behaviour which becomes more severe over time. Research evidence suggests that the majority of incidents of domestic violence are committed by men towards women, although a minority of men are also abused by their female partners and violence can also occur in same sex relationships.
It can happen to anyone regardless of age, gender, race, culture, sexuality, ability, or lifestyle. Where women are violent to male partners it is often as a means of self-defence or a response to long-term violence and abuse. It is also acknowledged that domestic violence within families may involve other adult family members.
The procedures for referring, undertaking initial and other assessments and enquiries where Significant Harm is suspected are contained in Referrals Procedure.
This summarises the additional matters that should be considered where Significant Harm might result from Domestic Violence.
Impact on Children
The impact of domestic violence on children is similar to the effects of any other abuse of trauma. The impact on a victim is to diminish their capacity to protect their child/ren. Victims can become so preoccupied with their own survival within the relationship that they are unaware of the effect on their child/ren. Professionals should always consider each domestic violence incident in relation to severity, frequency and duration as this will indicate length of time children have been exposed to a traumatic and abusive event.
Recognition and Response
All victims should be offered the opportunity of being seen alone, including in all assessments, and asked whether they have experienced domestic violence.
Professionals in all agencies would take all disclosures seriously and the impact of the domestic violence on the mother and her child/ren should be clearly explained to her.
Professionals should record fully all disclosures, details of injuries, photographic evidence, abuse history etc. in case it is needed a evidence for court at a later date.
Professionals should explain that no information will be passed on without the victims consent unless there is risk of harm to the child/ren, then the overriding duty is to protect the child/ren.
As soon as a professional becomes aware of domestic violence within a family they should help the victim and each child, according to their age and understanding, develop a Safety Plan.
In some cases the emergency Safety Plan should be for the children and, if possible, the victim not to remain in/return to the home. In all other cases, emergency Safety Plans should be in place whilst assessments, referrals and interventions are being progressed.
Where a victims Safety Plan is to separate from the abusive partner, professionals should ensure that there is sufficient support in place to enact this plan. The possibility of removing the abusive partner rather than the mother and child/ren should be considered first.
Where a victim proposes to remain with the abusive partner, a multi-agency assessment should be undertaken of whether the Safety Plan is sufficient to safeguard the children.
Referrals and Assessment
Where professionals are concerned about the care a child is receiving or about parenting capacity, the presence of domestic violence should be considered.
Professionals should make contact with the victim first and in a way which prioritises her safety, unless there are immediate risks to the child/ren. Giving or sending written materials to a victim or children may jeopardise their safety.
Professionals in all agencies should, together with their designated child protection advisor, assess the risk of harm to a victim and child/ren. The risk assessment should inform a decision to refer the child/ren to the Children’s Social Care Services for assessment.
The victim experiencing the violence will usually be well placed to predict the risks faced and the likelihood of further violence. The victim should be encouraged and/or helped to complete a personal risk assessment.
Children’s Social Care Services, the Police and other agencies should make all reasonable efforts to engage the abusive partner and refer them to the appropriate services. Professionals and their managers must consider staff safety when visiting the family home.
Referrals may be received by:
- Domestic violence agencies
- The Police
- Members of the public (sometimes anonymously)
- A child victim (or other child)
- Family members
- Professional staff from any voluntary or statutory agency
- Where there are issues of domestic violence and any suspicion that a child is suffering or likely to suffer Significant Harm, the concerns must be referred to the Children’s Social Care Services or the Police, preferably in partnership with the mother, as described in Referrals Procedure
- Referrals must be made as soon as practically possible when the concern comes to light.
- In an acute emergency where an injury may have put the child’s life and health seriously at risk, the child must be taken to hospital.
- In the following circumstances referral to Children’s Social Care should be considered by any agency:
- Where there is involvement of a child (e.g. whether used as a shield, tried to intervene, called the police or ambulance, ran out of the house to get help)
- If the child was injured whether directly by the perpetrator or indirectly by getting in the way, or being used as a shield or showered by glass or other objects thrown or smashed
- The common assessment identifies significant risk of harm and the child is suffering Physical Abuse, Sexual Abuse or Emotional Abuse , or Neglect from a member of the household
In the context of assessing risk to children where concerns are expressed about a household in which the adults are engaged in any form of work or voluntary activities with children, e.g. childminding, fostering etc., this matter must be reported to the Safeguarding Children Service Manager in the first instance, who will, where appropriate refer to other departments or agencies, including the Regulatory Authority, as appropriate.
Communicating with Parents
In situations of domestic violence and abuse the victim must be given the opportunity to talk to staff on their own, separate from the perpetrator of violence and abuse.
If this is not facilitated the victim may deny or minimise the extent of violence and abuse because of fear of the consequences, which may be severe.
Issues of confidentiality must be carefully considered for reasons of safety for the child, woman and workers.
If a child alleges abuse, a referral to the Children’s Social Care Services must be made promptly, and without communicating with the parents first.
In situations of domestic violence and abuse it is vital to be aware of the potential consequences and to refer to the section, ‘Confidentiality and Safety’, later in this Chapter. The exceptions are outlined below.
If the concerns relate to issues of chronic neglect and the emotional relationship between child and parent/s, it will normally be appropriate to consult the Children’s Social Care Services about discussing these concerns with the parents before referral and advising them of the intention to refer.
Where an injury, which could easily be accidental, is observed on a child, where no previous allegation of Significant Harm is known to the establishment/agency and there are no suspicions of domestic violence, it is appropriate to seek an explanation from a parent with whom the professional is most readily in contact.
- Any child who can communicate directly should be asked how the injury happened and the details recorded. In circumstances of domestic violence it is important to be sensitive, discreet and to reassure the child.
- Parents should be asked to explain how the injury occurred and the details recorded. If concerns remain then a referral must be made.
If an injury appears obviously suspicious (e.g. a hand print mark) or there is suspicion of domestic violence occurring within the family, Children’s Social Care Services must be approached.
How to Refer Child Protection Concerns in situations of Domestic Violence and Abuse
- Arrangements about who makes the referral will vary between agencies. All agencies belonging to the CSCB should have their own policy/procedures on Child Protection which acknowledge a responsibility to refer directly to Children’s Social Care.
- Arrangements within an agency may be that a more senior member of staff refers, but if this person is not available the individual staff member must retain a personal responsibility to ensure that suspicions of Child Abuse, including the impact of domestic violence, are referred to Children’s Social Care Services in the first instance.
- Referral during office hours is normally to the duty social worker of the Children’s Social Care Services in the area where the child lives
- This still applies even if another part of Children’s Social Care Services is known to be working with the family
If this is not possible, the concern must be reported to the Police Child Protection Team or the Domestic Violence Officer. If not available, the concern must be reported to the ‘Operations Centre’ at the police station covering the address where the child lives, who will notify the Duty Inspector or Sergeant.
- Outside office hours urgent referrals must be made to the Children’s Social Care Emergency Duty Team (EDT) or to the ‘Operations Centre’ at the police station covering the address where the child lives, who will notify the Duty Inspector or Sergeant.
- See Contact Details Appendix
- When making a referral it is important to ensure that the nature of the concern is conveyed. A simple request to ring back is not sufficient.
- A formal referral must be made of any suspected significant harm, including concerns about domestic violence, even where it is known that the Children’s Social Care is currently involved.
Information to be Provided by a Referring Agency
The person referring must provide as much as possible of the information described in Referrals Procedure.
When making the referral, there should be a discussion to clarify issues in respect of confidentiality, particularly with reference to the potential for further violence.
Where Domestic Violence and Abuse is the likely cause, the person should additionally provide the following information if possible:
- The seriousness of the incident
- The age of the child/ren
- The time of the incident (i.e. in the middle of the night and child/ren woken up)
- The number of previous incidents at that address and whether child/ren involved
- The previous history of the alleged perpetrator of violence, the person subject to violence or the child/ren involved
- Where the child was at the time (i.e. upstairs, or in the same room)
- If the child/ren are subject to a Child Protection Plan or are known to the Police Child Abuse Investigation Unit, the Children’s Social Care Services or the Community Safety Bureau or information is requested by Children’s Social Care Services
- The name, address and other details of the person who is said to be violent and the concerns in respect of the children
- The parents’ response to the concerns if aware, including in situations of domestic violence, the potential for further violence, if known
- If the child is living in a refuge or safe house confidentiality and safety must be considered when providing information about the child’s whereabouts/address
- The level of risk to the victim (DVRIM )
Police Criteria for Referring Children where there is Domestic Violence and Abuse
The police are often the first point of contact with families in which domestic violence takes place. When responding to incidents of violence, the police should find out whether there are any children living in the household. They should see any children present in the house to assess their immediate safety.
It is good practise for the police to notify Children’s Social Care promptly when they have responded to an incident of domestic violence and it is known that a child is a member of the household. If police have specific concerns about the safety or welfare of a child, they should make a referral to Children’s Social Care citing the basis for their concerns.
It is also important that there is clarity about whether the family is aware that a referral is to be made.
All notifications will be assessed in accordance with the West Midland Police Domestic Violence Risk Indicator Model (DVRIM ) which aims to indicate the level of risk posed for the adult victim of domestic violence and abuse. The risk indicators relate to adults in the situation and do not in any way determine the risk to the children. The risks will be graded as:-
- standard,
- medium,
- high,
- very high.
The risk to the child needs to be assessed independently taking account of level of risk graded by the Domestic Violence Risk Indicator Model.
The Police Child Abuse Investigation Unit will routinely notify Children’s Social Care Services of all domestic incidents where a child is present or normally resident within the household and or where the victim is pregnant with the graded level of risk.
Health professionals will also be notified of incidents relating to children aged five and under and / or where the victim is pregnant this will include the graded level of risk.
When referring child protection concerns the police will provided the following information:
- The seriousness of the incident
- The age of the child/ren
- The time of the incident (i.e. in the middle of the night and child/ren woken up)
- The number of previous incidents at that address and whether child/ren involved
- The previous history of the alleged perpetrator of violence, the person subject to violence or the child/ren involved
- Where the child was at the time (i.e. upstairs, or in the same room)
- If the child/ren are subject to a child protection plan or are known to the Police Child Abuse Investigation Unit, Children’s Social Care Services or the Community Safety Bureau or information is requested by Children’s Social Care Services
- The name, address and other details of the person who is said to be violent and the concerns in respect of the children
- The parents’ response to the concerns if aware, including in situations of domestic violence, the potential for further violence, if known
- If the child is living in a refuge or safe house confidentiality and safety must be considered when providing information about the child’s whereabouts/address
- The level of risk to the victim (DVRIM )
- The Police Officers own observations if child/ren are present when speaking to the woman (i.e. if constantly crying or showing aggressive behaviour or swearing or signs of impaired development or signs that the parent is not coping)
Children’s Social Care Services Response to Police Notifications of Domestic Violence and Abuse
Any response by Children’s Social Care Services to such referrals should be discreet, in terms of making contact with women in ways that will not further endanger them or their children.
In some cases, a child may be in need of immediate protection. The amendment made in section 120 of the Adoption and Children Act 2002 to the Children Act 1989 clarifies the meaning of ‘harm’, to make explicit that ‘harm’ includes, for example, impairment suffered from seeing or hearing the ill-treatment of another.
Each notification will be subject to initial screening undertaken by the police and children’s social care staff and will include checks across both information systems to check if the child or family have been previously known.
The screening will be undertaken in accordance with the levels of need outlined in the Promoting the Well being of Child and Young People (CAF) procedures.
Level 1
Where checks identify no previous contact with the family and the information from the Police notification identify needs at Level 1 the notification will be received and held for information only.
Level 2
Where checks identify no previous contact with the family and the information from the Police notifications identify needs at Level 2 the notification will be received, the social worker will consider if the information should be shared with those agencies providing support and held for information only.
An Initial Assessment will be undertaken on third notification of domestic violence and abuse even where children are not harmed within a twelve-month period
Level 3
Initial Assessment must be undertaken when:
- The referral is received from a member of the public either via the Police or directly to the Children’s Social Care Service where children are reported to be present and witness to violence or heard to be in distress
- On the third notification of domestic violence and abuse even where children are not harmed within a twelve-month period
- The severity of the incident is identified as high and very high by the police DVRIM assessment
When undertaking an initial assessment as to whether a child is in need of services, the possibility of domestic violence and abuse should always be considered and explored.
Level 4: Assessing Significant Harm or likely Significant Harm
Normally, one serious or several lesser incidents of domestic violence where there is a child in the household would indicate that children’s social care should carry out an initial assessment of the child and family, including consulting existing records. It is important to include in assessments agreed arrangements for contact between children and the non-resident parent.
Strategy Meetings/Discussions
Where a referral is received by Children’s Social Care Services may be a child protection matter, they should convene a Strategy Discussion/Meeting and this should happen even when there is no injury to the child. Where a meeting is to be held the appropriate police officer from Coventry Child Abuse Investigation Unit should attend.
The aim of this meeting is to ensure the following:
- Whether a Section 47 Enquiry (Child Protection Enquiry) is to be initiated
- To consider the risk to any unborn child
- Agreement as to how to approach the victim so his/her danger is not heightened
- The most appropriate professional to make the first point of contact with the victim and the children (this could either be the Social Worker/ the Police or other relevant professional) to assess the protection of the child and protective carer
- Other professionals are involved as appropriate, e.g. Probation, Health, Schools to ensure that any contact with the child or protective carer ensures their safety
- The protective carer has relevant information about agencies that can offer support
- That the child has a nominated adult with whom they can share concerns
- To discuss the most appropriate way in which the perpetrator of violence can be engaged
- To develop safety plans for the child and the protective carer
Interpreters must be engaged by professionals where English is not the first language of the family. Children and other family members must not be asked to interpret.
Section 47 Enquiries (Child Protection Enquiries)
A Section 47 Enquiry (Child Protection Enquiry) should be undertaken in the following circumstances (this is not an exhaustive list):
- Injury to a child during assault on the victim or when the child is attempting to intervene
- Serious injury of a carer, family member or child following suspected domestic violence
- Likelihood of harm to child, for example, non- abusing parent hurt when holding baby, objects being thrown, the use of a weapon, used as a shield
- Life threatening behaviour, for example, attempted strangulation.
Recording of information
Any information from the abused adult, children, other family, friends or an agency must be placed in the confidential section of the agency files.
This is to avoid the perpetrator of the violence gaining access to the whereabouts of the protective carer or the children, or gaining information that enables them to continue controlling the family.
Common Assessment Framework assessments must be recorded on the documentation set out in the Promoting Children and Young People’s Wellbeing procedures.
Children’s Social Care Services will record their involvement in accordance with their recording policies and the Integrated Children’s System as it is implemented.
Child Protection Conferences
There are detailed procedures regarding Child Protection Conferences in Child Protection Conferences Procedure
This procedure sets out the additional matters which must be taken into account where domestic violence is a factor.
- It is expected the Social Worker convening the Conference or their manager will have clear views, based on the outcome of the child protection enquiry of:
- risks to both victim and the children
- Risks to staff
- who should attend, whether parties need to be kept separate, both within the meeting and outside
- how issues of confidentiality will be maintained to ensure that safety of the victim is not compromised
- how issues of safety will be addressed and maintained, and if any form of security is required whilst the meeting is taking place, etc.
Workers from refuges and domestic violence agencies should be invited to attend. Where workers from domestic violence services are reluctant or unable to attend because of risks of violence to themselves, it is expected that they will have a discussion with the conference chairperson beforehand and if appropriate, a written report should be submitted to the chairperson at least two days in advance.
This report should include the families current situation, services being provided, the impact of the violence upon the children, an assessment of risks to the children, the children’s wishes and feelings and issues about future work or services required to meet identified need.
See Section 9, Domestic Violence Guidance
Domestic Violence Guidance
What is Domestic Violence and Abuse
The impact of Domestic Violence and Abuse upon Children
The impact of Domestic Violence and Abuse upon Women
The impact of Domestic Violence and Abuse on Parenting
What is Domestic Violence and Abuse
Domestic Violence is an abuse of power and can be expressed in a number of ways. It is very common for there to be more than one form of abuse happening at the same time and it is likely to have been going on for some time. It can have physical, emotional, psychological and social consequences, which in turn may impact on a parents ability to offer care to their children. The lists given below are indicators of what domestic violence and abuse may involve and the potential consequences, however, these are not definitive and in any one family there may be any combination of a number of experiences and effects.
Prolonged and/or regular exposure to domestic violence and 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 violence and abuse has an impact in a number of ways:
- threat to an unborn child, because assaults on pregnant women frequently involve punches or kicks directed at the abdomen, risking injury to both mother and 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
- Both the physical assaults and psychological abuse suffered by adult victims who experience domestic violence can have a negative impact on their ability to look after their children
- The negative impact of domestic violence is exacerbated when the violence is combined with drink or drug misuse
- Children witness the violence
- Children are drawn into the violence or are pressurised into concealing the assaults
- Children’s exposure to parental conflict, even where violence is not present, can lead to anxiety and distress
Domestic violence and abuse can include:
- Physical injuries, including bruising, broken bones, internal injuries, etc.
- Sexual violence, including rape
- Verbal abuse, name calling and threats of violence
- Withholding financial support
- Controlling independence and choice
- Denial of physical freedom
- Threats of being returned to country of origin or of deportation
- Threats that the children will be removed
- Threats of referral to mental health services
- Blaming the woman for everything that is ‘wrong’
- A process of being humiliated and undermined both individually and as a parent
- Isolation from family, friends and community
- Using pregnancy as a means of control
- Denial of physical freedom.
As a consequence of ongoing violence:
- Violence often escalates during pregnancy
- Children may be conceived as a result of rape
Recent research commissioned by government found that in one third of cases studied, domestic violence and abuse began when the woman became pregnant.
Because of the stigma associated with domestic violence and abuse, societies prejudices and the implications of further violence, there may be an element of not wanting to let other people know that it is happening in a family. Therefore, it is often difficult for women to acknowledge that they are being subjected to violence and hence, it may be more difficult for children to talk openly. There may be a dilemma for the children about disclosing information because of a feared or threatened reaction within the family. Adults may impose this fear or they may be the child’s own interpretation and fears.
The Impact of Domestic Violence and Abuse upon Children
There is clear evidence from research which indicates that domestic violence and abuse has a detrimental impact on children. It is important to remember that the wide range of effects of living in violent circumstances may have both a direct and an indirect impact upon children and it may be short term and/or long term. This can cause emotional, psychological and/or physical harm, which in turn has the potential to affect the daily lives of children through feelings of fear, insecurity and lack of confidence. This may impact on a child’s ability to form relationships, their academic achievements and their behaviour in a number of ways.
It is important to be aware of the wide range of research materials on the subject of domestic violence, the potential for other effects upon children and to take into account the child’s specific circumstances and unique needs. The effects may be different for each child in the family and where possible, it is necessary to understand the child’s experiences directly from themselves. This means seeing the children individually, on their own and being sensitive, discreet and reassuring, whilst bearing in mind issues of potential risk of Significant Harm.
The following gives an indication of the range of effects upon children, however, it is not an exhaustive list, and it is important to remember that every child responds to experiences in their own unique way.
- Physical injuries, including bruises, broken bones
- Being protective of mother and/or siblings; attempting to intervene either physically or in other ways
- Aggressive behaviour and demonstrations of anger
- Changes in behaviour/unpredictable behaviour
- Introversion/withdrawal
- Advanced maturity/sense of responsibility for parent and/or siblings an “old head on young shoulders”
- Feelings of guilt and blame
- Secretive/silent/not able to tell
- Fear/insecurity/emotional confusion
- Truanting from school/running away from home
- Disruptions in schooling and living arrangements
- Bedwetting/nightmares/sleep disturbance which affect daytime behaviour e.g. tiredness in school
- Eating difficulties/self-harm/weight loss
- Sadness/depression/low self-esteem
- Alcohol/drug and/or substance misuse
- Poor social skills/highly developed social skills
- An inability to negotiate difficult situations or the opposite
- Developmental delays in younger children
- Anxiety about their own identity
- Fear of being the same as their parents/determination not to be the same
Children may be encouraged to join in the abuse and they may replicate the violent behaviour. Consequently there may be a whole new set of issues to be discussed and addressed and which will have further implications for both parents and siblings of the child.
| Remember: Any of these indicators on their own or together, do not necessarily mean that there is domestic violence and abuse occurring within a family, however, workers should be aware of the issues and of the impact on children. Where they are concerned about children they work with and suspect that there may be domestic violence and abuse happening, then they should consider how they are going to deal with the issue and their concerns. |
The Impact of Domestic Violence and Abuse upon Women
It takes an average of 35 physical assaults before a woman makes a decision to leave a violent relationship (Women’s Aid Federation).
The following is a list of possible effects of domestic violence on women. It is not exhaustive and often there can be any number of inter-related effects evident at any one time.
- Continual and persistent fear
- Feelings of worthlessness and inadequacy; lack of confidence
- Inability to think clearly, make decisions and make choices
- An erosion of self-esteem
- Feeling undermined and blamed
- Not allowed to develop/inability to maintain meaningful relationships
- Isolation from friends, family and community
- Inability to settle and lack of sleep
- Tiredness and lack of energy/too much energy
- Physical ill-health
- Mental ill-health or the appearance of mental health symptoms
- Eating disorders; self-harm; suicide
- Feelings that there is no way out of the situation
- Alcohol and/or drug use as a coping mechanism
- Violence often escalates during pregnancy
- Children may be conceived as a result of rape
Because of the complexities, it may not be easy for a woman to make a decision to leave a relationship and a workers responses to her may be crucial in how she responds next. It is usual for all of us to take our time in making major decisions in our lives and to consider the range of possible consequences.
| Remember: In circumstances of domestic violence and abuse, it is necessary for workers to take into account one of the main consequences, that of an erosion of self-worth and self-esteem in all aspects of their lives, and not be surprised if the woman appears to be indecisive and unsure and she may change her mind. A woman should not feel pressured or blamed or judged if she feels unable to leave a violent partner or if she returns to one. |
The Impact of Domestic Violence and Abuse on Parenting
Domestic violence is usually committed in the context of an abusive environment within the home. There are likely to be high levels of punishment, the misuse of power and authority by the perpetrator of the violence and a failure of appropriate self-control; together with feelings of fear, anxiety and helplessness. It is therefore highly likely that this situation will affect how both adults parent their children.
Consequences, which may apply to either or both parents, can include:
- Loss of self confidence as an individual and as a parent
- Inability to bond and form a relationship with the child
- Feeling undermined as an individual and as a parent
- Feeling emotionally and physically drained, with little to give to the children
- Not knowing what to say to the children or how to help them come to terms with what they are experiencing
- Emotional distance between parent and child
- Inability to support the children
- Inability to deal with children’s behaviour
- Lack of financial support/poverty
- Potential to take out their frustrations on the children
- Inability to provide appropriate boundaries, structure and security to the children
- Home environment not conducive to support educational needs
| Remember: It is important not to solely focus on the mother as the only parent of the children and that the role of the father needs to be clarified and understood. It is also important to understand the dynamic of the perpetrators relationship to other members of the family and although it may not be easy to work with perpetrators of violence, workers must consider the services required to meet the need for his behaviour to change. |
Confidentiality and Safety
Also see Keyword ‘Confidentiality’
Issues around confidentiality and safety should be thoroughly considered by everyone when working with families where there is the potential for domestic violence. Workers also need to be aware of each agencies boundaries of confidentiality and to be clear about roles and responsibilities. Not only should the normal conventions of confidentiality be observed, it is also crucial to take into account the potential consequences for the women, the children and any workers who may be supporting the family, and to observe caution when disclosing any information to the person who is violent or that persons representative (e.g. solicitor, family member, friend). This applies in all circumstances of domestic violence, whether the woman is living at home, in a Refuge, in a hostel or Bed and Breakfast accommodation.
Evidence suggests that some people will go to extra-ordinary lengths to get information or access to women and children. The repercussions of a breach of confidentiality, no matter how small, could put members of the family and workers in extreme danger. Therefore, all communication with the violent person should be considered, planned and the potential consequences for all parties taken into account throughout any contact with the family.
After women have left a violent relationship there is often the potential for the violence to increase because of the changes in the power relationships and the loss of control from the violent person.
Remember: It is essential for communication between professionals and between the family and professionals, to take into account any issues of confidentiality and safety, that these be thoroughly explored, agreed, incorporated at the planning stage and addressed throughout any work undertaken. The agency name, address and telephone number of where the woman is staying must be kept confidential and not disclosed verbally or on written records. This includes all verbal and written communication. |
Children who are experiencing domestic violence and abuse may benefit from a range of support and services, and some may need safeguarding from harm. Often, supporting a non-violent parent is likely to be the most effective way of promoting the child’s welfare.
The police and other agencies have defined powers in criminal and civil law, which can be used to help those who are subject to domestic violence.
There is an extensive range of services for women and children delivered through refuge projects and probation provision of Women’s Safety Workers, for partners of male perpetrators of domestic abuse, where they are on a domestic abuse treatment programme (in custody or in the community) These have a vital role in contributing to an inter-agency approach to children where domestic violence is an issue.
Health visitors and midwives can play a key role in providing support and need access to information shared by the police and Children’s Social Care.
In responding to situations where domestic violence and abuse may be present, considerations include:
- Asking direct questions about domestic violence and abuse
- Checking whether domestic violence and abuse has occurred whenever child abuse is suspected and considering the impact of this at all stages of assessment, enquires and intervention
- Taking account there may be continued or increased risk of domestic violence towards the abused parent and/or child after separation, especially in connection with post separation child contact arrangements
- Providing the victim with full information about their legal rights and the extent and limits of statutory duties and powers
- Assisting the victim 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; and
- Working separately with each parent where domestic violence prevents non-abusing parents from speaking freely and participating without fear of retribution.
Research findings
- Domestic abuse is present in approximately a quarter of all child protection referrals (Gibbons et al, 1995a).
- This proportion rises to approximately 40% of all cases where concern is such that a visit is made by a social worker (Cleaver and Freeman, 1995).
- The majority of children know their mother is being abused (NCH Report 1994), although mothers often believe that they do not (In 90% of incidents of domestic abuse children are in the same room or the next room).
- Children may be profoundly affected, emotionally and psychologically, by living with the abuse of their mother. There is no one ‘syndrome’, as effects will depend on race, age, development, gender, culture, and individual personality characteristics. Some children experience distress equivalent to post traumatic stress disorder (Hester, Pearson and Harwin,1998).
- Children’s needs may be neglected whilst their mother is in an unfit state physically or mentally to attend to them: this is likely to improve once the woman is safe.
- The abusive man may threaten to hurt or kill the children to coerce the woman to meet his demands or may force them to participate in abusing her.
- The abusive man may use contact arrangements with the children to find the woman and to abuse her further. There is evidence that the period shortly after the woman has left the abuser is particularly dangerous, as her departure may trigger a particularly violent assault.
- The impact of domestic abuse on children is greater when the violence is combined with substance misuse, when children witness the abuse, are drawn into it, or feel they have to collude with concealing the abuse.
- The impact of domestic abuse can be greater on black children, who may be having to cope with racism as well. They may be forced to move away from a community which protected them from the worst effects of racism, to escape the domestic abuse. They may fear they will be abducted and taken out of the country by an abusive parent. They may fear contact with statutory agencies in relation to the domestic abuse and so not receive the support to which they are entitled.
- Children are not passive bystanders where domestic abuse is concerned, and develop strategies for lessening the impact of it on themselves, their mothers and their siblings. Some children will be more resilient than others.
Mullender A and Morley R, Eds. ‘Children Living with Domestic Violence: Putting men’s abuse of women on the childcare agenda’ 1994, Whiting and Birch Ltd. London.
Domestic Violence and Abuse: Information Sharing and Assessment Protocol Impact on Children and Young People
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