RELEVANT SECTIONS AND CHAPTERS
Safeguarding Enquiries Process
Multi-Agency Risk Assessment Conference (MARAC)
SUPPORTING INFORMATION
Domestic Abuse Statutory Guidance (Home Office)
Controlling or Coercive Behaviour Statutory Guidance Framework (Home Office)
Adult Safeguarding and Domestic Abuse (LGA and ADASS)
Domestic Abuse: How to get Help (Home Office)
Resources for Professionals working with victims of domestic abuse and their families (Safelives)
BUCKINGHAMSHIRE SERVICES
CONTENTS
1. Introduction and Definition
Domestic abuse is a high harm, high volume crime which remains largely hidden. Data from the Crime Survey for England and Wales estimates that 2.1 million people aged over 16 experienced domestic abuse during the year ending March 2023. The police recorded over 800,000 domestic abuse offences over the same period. On average victims’ experience 50 incidents, over a two and a half year period, before seeking support (see SafeLives), meaning it t is essential that all agencies can identify and respond to concerns around domestic abuse.
1.1 Domestic abuse
The Domestic Abuse Act 2021 provides a statutory definition of domestic abuse for the first time. In the definition, ‘A’ is the perpetrator of the abuse and ‘B’ is the victim of the abuse. The definition includes children who have seen, heard, or experienced the effects of domestic abuse, and are related to either the victim of the abusive behaviour, or the perpetrator.
Domestic abuse is:
the behaviour of person (A) towards person (B) where:
- both A and B are aged 16 or over and are personally connected to each other (see Section 1.3 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.
Under the Act, A’s behaviour may still be seen as behaviour towards ‘B’ even it is directed at another person (such as B’s children).
1.2 Personally connected
Under the Domestic Abuse Act, 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 can be perpetrated by family members, and includes ‘honour’ based abuse (see ‘Honour’ Based Abuse), female genital mutilation (see Female Genital Mutilation) and forced marriage (see Forced Marriage). Abuse within the family also includes child to parent abuse or adolescent to parent violence / abuse (APV/A). If the child is over 16 years of age, this behaviour falls within the statutory definition of domestic abuse.
2. Types of Domestic Abuse
Domestic abuse can cover a wide range of behaviours. To be able to provide an effective response to victims, practitioners need to be aware of – and able to identify – different types of domestic abuse.
Domestic abuse does not have to involve physical acts of violence; it includes threatening behaviour, controlling or coercive behaviour, emotional, psychological, sexual and/or economic abuse. Domestic abuse can also take place online. The perpetrator’s desire to exercise power and control over the victim is at the centre of most abusive behaviours.
Domestic abuse most commonly takes place in intimate partner relationships, including same sex relationships.
Abuse can continue or intensify when a relationship ends or is in the process of ending. It is important for practitioners to recognise that this can be a very dangerous time for a victim, and that there may be an increased risk to their physical safety.
2.1 Physical abuse
Includes:
- Being, or threatened to be, kicked, punched, pushed, dragged, shoved, slapped, scratched, strangled, spat on and bitten;
- Use, or threats of use, of weapons including knives and irons;
- Being, or threatened to be, burned, scalded, poisoned, or drowned;
- Objects being thrown at or in the direction of the victim;
- Violence, or threats of physical abuse or violence, against family members;
- Damaging or denying access to medical aids or equipment – for example a deaf person may be prevented from communicating in sign language or may have their hearing aids removed; and
- Harming someone whilst performing ‘caring’ duties, which are often performed by relatives. This is especially relevant for adults who depend on others, such as disabled and older people and can involve force feeding, over-medication, withdrawal of medicine or denying access to medical care.
The Domestic Abuse Act also introduced an offence of non-fatal strangulation as a form of domestic abuse. A history of strangulation can increase the risk of an eventual fatality, and loss of consciousness, even temporary, can cause brain damage, such as memory loss and facial droop. The occurrence of non-fatal strangulation during sexual context is also covered in the Act.
2.2 Sexual abuse
Includes:
- Rape and sexual assaults;
- Being pressured into sex, or sexual acts, including with other people;
- Being forced to take part in sexual acts because of threats to others, including children;
- Unwanted sexual contact or demands;
- ‘Corrective’ rape (the practice of raping someone with the aim of ‘curing’ them of being LGBT);
- Intentional exposure to HIV (human immunodeficiency virus) or sexually transmitted infections;
- Being pressurised or being tricked into having unsafe sex, including deception over the use of contraception;
- being forced to make or watch pornography; and
- Hurting a victim during sex including non-fatal strangulation.
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.
Examples of controlling or coercive behaviour include:
- Controlling or monitoring the victim’s daily activities and behaviour, including making them account for their time, controlling what they can wear, what and when they can eat, when and where they may sleep;
- Controlling a victim’s access to money, including monitoring their bank accounts;
- Isolating the victim from family, friends and professionals and intercepting messages or phone calls;
- Refusing to interpret and/or hindering access to communication;
- Preventing the victim from taking medication, or accessing medical equipment and assistive aids, over-medicating them, or preventing the victim from accessing health or social care (especially relevant for disabled victims or those with long-term health conditions);
- Using substances to control a victim through dependency, or controlling their access to substances;
- Using children to control the victim, e.g. threatening to take the children away;
- Using animals to control or coerce a victim, e.g. harming or threatening to harm, or give away, pets or assistance dogs;
- Threats to expose sensitive information (e.g. sexual activity or sexual orientation) or make false allegations to family members, religious or local community including via photos or the internet;
- Intimidation and threats of disclosure of sexual orientation and/or gender identity to family, friends, work colleagues, community and others;
- Intimidation and threats of disclosure of health status or an impairment to family, friends, work colleagues and wider community – particularly where this may carry a stigma in the community;
- Threats of institutionalisation (particularly for disabled or elderly victims).
For more information on developing knowledge and skills in working with situations of coercive control see, Research in Practice for Adults, Coercive Control.
2.4 Harassment and stalking
Harassment or stalking falls within the scope of the statutory definition of domestic abuse in the 2021 Act if the perpetrator and victim are 16 or over and “personally connected”,
There is no legal definition of harassment but it includes repeated, unwanted communications and contact with a victim, in a way that could be expected to cause distress or fear. Harassment involves behaviour that is intended to cause a person alarm or distress or to cause them to fear violence when the perpetrator knows or ought to know that their conduct amounts to harassment.
There is no legal definition of stalking. Examples of the stalking behaviour include:
- Following a person;
- Contacting, or attempting to contact, a person by any means;
- Monitoring a person’s use of the internet, email or any other form of electronic communication;
- Loitering in any place (whether public or private);
- Interfering with the person’s belongings or property; and
- Watching or spying on a person.
2.5 Economic abuse
Economic abuse is behaviour that has a substantial adverse effect on a person’s ability to acquire, use or maintain money or other property, or to obtain goods or services. This can include the ability to acquire food or clothes, or access transport or utilities like gas and electric.
Examples include:
- Controlling the family income;
- Not allowing a victim to earn or spend any money unless ‘permitted’;
- Denying the victim food or only allowing them to eat a particular type of food;
- Running up bills and debts such as credit or store cards in a victim’s name, including without them knowing;
- Refusing to contribute to household income or costs;
- Preventing a victim from claiming welfare benefits, or forcing someone to commit benefit fraud or misappropriating such benefits;
- Not allowing a victim access to mobile phone/car/utilities;
- Coercing the victim into signing over property or assets.
2.6 Emotional or psychological abuse
Domestic abuse often involves emotional or psychological abuse. Some of these behaviours will also amount to controlling or coercive behaviour. Emotional or psychological abuse can include:
- Manipulating a person’s anxieties or beliefs or abusing a position of trust;
- Hostile behaviours or silent treatment as part of a pattern of behaviour to make the victim feel fearful;
- Being insulted, and or belittled;
- Keeping a victim awake/preventing them from sleeping;
- Using violence or threats towards assistance dogs and pets to intimidate the victim and cause distress, including threatening to harm the animal as well as controlling how the owner is able to care for the animal;
- Threatening to harm third parties (for example family, friends or colleagues);
- Persuading a victim to doubt their own sanity or mind (including ‘gaslighting’).
2.7 Verbal abuse
Verbal abuse may amount to emotional or psychological abuse, threatening behaviour, or controlling or coercive behaviour. Examples include:
- Repeated yelling and shouting;
- Abusive, insulting, threatening or degrading language;
- Verbal humiliation either in private or in company;
- Being laughed at and being made fun of; and
- Discriminating against someone or mocking them about their disability, sex or gender identity, gender reassignment, religion or faith belief, sexual orientation, age, physical appearance etc.
2.8 Technology facilitated abuse
Perpetrators can use technology, including social media to abuse victims. This can happen both during and after a relationship. Examples of technology-facilitated abuse include:
- Placing false information about a victim on their or others’ social media;
- Setting up false social media accounts in the name of the victim;
- ‘Trolling’ with abusive or offensive messages through social media platforms or online forums;
- Image-based abuse – for example, the creating and sharing (or threatening to share) false/digitally altered image or private sexual photographs and films with the intent to cause distress (‘revenge porn’);
- Hacking into, monitoring or controlling email accounts, social media profiles and phone calls;
- Blocking the victim from using their online accounts, responding in the victim’s place or creating false online accounts;
- Use of spyware or GPS locators on items such as phones, computers, wearable technology, cars, motorbikes and pets;
- Using personal devices such as smart watches or smart home devices (such as Amazon Alexa, Google Home Hubs, etc) to monitor, control or frighten; and
- Use of hidden cameras.
2.9 Abuse relating to faith
Although a person’s faith can be a source of support and comfort, domestic abuse can occur in relation to it, and through using, manipulating, or exploiting it. It can include, but is not limited to, the following examples:
- Manipulation and exploitation through the influence of religion;
- Requirements for secrecy and silence;
- Marital rape and the use of religious scripture to justify that;
- Coercion to conform through the use of sacred or religious texts/teaching ;
- Causing harm, isolation and/or neglect to get rid of an ‘evil force’ or ‘spirit’ that is believed to have possessed the victim; and
- Requiring obedience to the perpetrator of domestic abuse, owing to religion or faith..
See also Honour Based abuse, Female Genital Mutilation and Forced Marriage.
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 belief or any disability
There is never any 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, however, all perpetrators are responsible for their behaviour and should be held accountable for it.
3.1 Impact of domestic abuse
The impact of domestic abuse can be devastating. It can cause:
- repeated short-term impacts on health including bruises, burns, cuts, broken bones, sexually transmitted diseases, and lost teeth and hair;
- miscarriage, stillbirth and other complications of pregnancy;
- long-term and chronic health problems including asthma, epilepsy, digestive problems, migraine, high blood pressure, and skin disorders;
- physical and sensory impairments, such as walking difficulties or deafness;
- emotional harm including loss of confidence and low self-esteem;
- long-term social difficulties;
- poor mental health such as anxiety, depression and post-traumatic stress disorder;
- substance misuse, often as an attempt to cope with circumstances;
- isolation from family, friends and community;
- negative effect on work and possible loss of independent income.
For some, mainly women and their children, domestic abuse can result in serious injury or death.
3.2 Adults with care and support needs
Adults with care and support needs can be particularly vulnerable to domestic abuse from intimate partners or family members, who may use their caring responsibilities and power over a victim who is reliant on them as a cover for their abuse. They may also experience additional impacts from domestic abuse including:
- increased physical and/or mental disability;
- reluctance to use essential routine medical services or to attend services outside the home where personal care is provided;
- increased powerlessness, dependency and isolation;
- feeling that their care and support needs are to blame;
- increased shame about their needs (for example in relation to needs for personal care).
If an adult has care and support needs and is not able to safeguard themselves, any concerns practitioners have about domestic abuse should be shared with the local authority safeguarding adults team.
3.2.1 Older people
Older people can be victims of intimate partner abuse, or abuse by family members including adult children. This abuse may include controlling or coercive behaviour, economic, emotional, psychological, sexual or physical abuse or neglect and can affect both men and women.
It is important to avoid making assumptions about a victim’s condition or health based on their age. For instance, injuries or mental health issues may be viewed as the result of a victim’s health and social care needs, without enquiries being made around domestic abuse.
Older victims can face significant barriers when asking for help or when trying to leave a relationship with a perpetrator, including:
- having experienced years of prolonged abuse;
- being isolated within a particular community through language or culture;
- having experienced long term health impacts or disabilities;
- being reliant on the perpetrator for their care or money.
Dewis Choice provides practitioner guidance on supporting older victims and responding to domestic abuse in later life.
3.2.2 Adults with disabilities
Disabled victims (which includes people with physical or sensory impairments, mental health issues, learning disabilities, cognitive impairments and long-term health conditions) can face additional forms of abuse where their particular vulnerabilities are exploited as part of the abuse.
Data from the Crime Survey for England and Wales found that people with a disability were more likely to have been victims of domestic abuse in the previous year (11.8%) than those without (4.6%).
Disabled victims may be at increased risk in relation to particular examples of abusive behaviour, either from an intimate partner, family member, or carer (who is “personally connected” to them), or face specific risks relating to their disability and related circumstances including: control of medication; refusal to interpret; denial of access to health services or equipment; actions which makes the person’s health condition worse; and otherwise using the person’s disability to control them.
Adults with vision impairments may be at greater risk of harm than a sighted person. They may be more at risk of physical abuse in terms of awareness of the threat of harm and the extent of harm caused. Furthermore, if information and services are not accessible, they may need to rely on others, such as a partner or family member, to read information for them. Disabled victims, particularly disabled young people, may experience coercive or controlling behaviours involving infantilisation and denying their independence, which may go unnoticed.
Disabled victims can also face multiple barriers to seeking and receiving help to escape domestic abuse, for example, accessible accommodation and transport, the need for assistance with personal care and access to mobility support. These factors can impact an adult’s decision and ability to leave a relationship with a perpetrator or to seek help. Disabled victims can be more isolated and/or have smaller support networks and may be more vulnerable to domestic abuse as a result. Disabled victims may be unable to leave or access a refuge because of poor access to safe accommodation, or because they rely on a perpetrator for care or support.
Disabled victims may have had negative experiences with services in the past which can create a feeling of distrust or impact their perception of the help that can be provided. Practitioners should seek to engage with the victim privately, without a carer or other family member, and have good knowledge of how to meet access, communication, and support needs. The relationship between carers and the cared is not covered by the definition of domestic abuse in the 2021 Act unless there is also a personal connection between them.
Deaf people may encounter specific barriers to accessing support when experiencing controlling or coercive behaviour as they might not be aware of the available support and/or professionals may not know to use appropriate communication methods. Professionals and service providers should be aware that deaf victims need specialist support services who can understand their cultural and linguistic needs. Where possible, professionals working with deaf victims should be expected to have some personal experience of deafness, as having to relive their trauma time and again with new people (e.g. sign language interpreters) may result in them disengaging from much needed support. This may also be relevant for those with a learning disability who may use an advocate or carer to support their process of talking about their experience.
People with speech, language, and communication needs may be actively targeted by perpetrators or experience abuse for longer periods of time because of difficulties they face in explaining what has happened to them, asking for help, and accessing the support available.
3.2.3 Immigration status and migrant victims
Victims who have entered the UK from overseas may face barriers when attempting to escape domestic abuse because of their immigration status.
Some victims may have the no recourse to public funds (NRPF) condition imposed due to the type of leave they have been granted. This can lead to greater dependence on the partner or family if they have supported their being in the UK. They may also face greater economic impact of leaving a perpetrator if they are unable to claim benefits or access housing, or if they lose their immigration status by leaving their partner, including destitution and homelessness.
3.2.4 Drug and alcohol misuse
Some victims may use alcohol and drugs as a coping mechanism in response to abuse. Alcohol can also be embedded in a relationship with perpetrators of domestic abuse with perpetrators using alcohol to control victims. The prevalence of alcohol-related domestic violence is five times higher among the most disadvantaged groups compared to the least disadvantaged. The co-occurrence of drug and alcohol use, homelessness, criminal justice system involvement and mental health will often mean that victims will face huge challenges when seeking support.
3.2.5 Mental health
Mental health problems are not a cause of domestic abuse; however, they can be a risk factor for perpetrators and victims. Depression has been linked with perpetrating abuse, and mental health issues can lead to an increased risk of being a victim of domestic abuse. Domestic abuse can have a long-lasting effect on victims. It can lead to the development of long-lasting mental health problems and eating disorders.
Victims with mental health needs might not attend a service specialising in domestic abuse, so mental health support services and providers should be aware of indicators of possible domestic abuse, to ask adults about their experiences in private discussion and to be appropriately trained to respond.
3.3 Barriers to seeking help
To work effectively with victims of domestic abuse, it is important to understand the reasons why people remain may choose to stay in abusive relationships, and why they may not seek or respond to offers of help.
Some barriers are a result of the emotional and psychological impacts of domestic abuse. Others may be practical or social/cultural. Many are similar to the barriers that prevent people from seeking help over other safeguarding issues.
They may include:
- fear of the abuser and/or what they will do (these may be realistic fears based on past experience and threats that have been made)
- lack of experience or knowledge of other victims who have dealt with abuse successfully
- lack of experience of positive action from statutory agencies, including the courts
- lack of knowledge/access to support services
- lack of resources, financial or otherwise
- previous experiences and/or a fear of being judged or not being believed
- love, loyalty or emotional attachment towards the abuser and the hope that their partner/ family member/abuser will change
- feelings of shame or failure, blaming themselves for their abuse;
- pressure from family/children/community/ friends
- religious or cultural expectations
- the long-term effects of abuse such as prolonged trauma, disability resulting from abuse, self-neglect, mental health problems
- low self-esteem/self-worth.
4. Responding to Concerns about Domestic Abuse
Fewer than 1 in 5 victims report their abuse to the police, meaning that many victims of domestic abuse do not come into contact with the criminal justice system. It is important therefore that staff in a wide range of organisations are able to 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.
Professionals in contact with adults who are threatening or abusive towards them, should consider the possibility that the individual could also be 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 can include asking direct questions about domestic abuse. It will take time to build trust and confidence, and adults may not feel able to describe or disclose all aspects of their situation initially. It can take time for adults to develop trust, disclose abuse, and seek help.
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 (see Making Safeguarding Personal chapter) and involve the support of an independent advocate if required.
When assessing domestic abuse and the needs of with 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:
Domestic abuse has a significant impact on children and young people of all ages (up to 18 years old). To reflect this, 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 Buckinghamshire Safeguarding Children Partnership Multi-Agency Policies and Procedures).
If there are safeguarding adults concerns:
Under the Care Act 2014, freedom from abuse and neglect (including domestic abuse) is a key part of wellbeing. The adult safeguarding provisions in the Care Act 2014 apply 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 the experience of, that abuse or neglect. This covers situations of domestic abuse, if the adult appears to have needs for care and support.
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.
Making safeguarding personal means that safeguarding adults’ responses should always be person-led and outcome-focused. The adult should be asked about how they would like agencies to respond to their safeguarding situation in a way supports their involvement, choice and control as well as improving quality of life, wellbeing and safety. It is important to listen the adult, respect their views and place them at the centre of decision-making.
Assessing mental capacity can be challenging in domestic abuse situations, where the person is cared for by, or lives with, a family member or intimate partner and is seen to be making decisions which put or keep themselves in danger. Skilled assessment and intervention is required to judge whether such decisions should be described as ‘unwise decisions’ which the person has capacity to make, or decisions that are not made freely, due to coercion and control. For example, a decision to continue to live with an abusive partner might be a free and informed decision based on a full appreciation of the risks and the alternative courses of action, including support available.
When a person who appears to have mental capacity chooses to stay in a high-risk abusive relationship then careful consideration must be given to whether they are making that choice free from the undue influence of the person who is causing them harm or others. It may be that the relationship is more important to them than the harm that is being done, perhaps more so if the harm is not life threatening (for example in relation to financial abuse that doesn’t impact on the ability of the person to keep themselves warm and fed).
Whatever action is agreed, practitioners should continue to support and safeguard the adult as part of their own role and keep needs and risks under review, remembering that situations can escalate quickly. Where an adult who has mental capacity chooses to stay or return to their home, a safety plan should be developed to help them stay as safe as possible.
All discussion and actions agreed should be recorded (see Case Recording).
5. Multi agency response
Agencies should work together and share information to ensure they are able to draw on all the available information held within each agency to build a full picture of the victims, including children, and perpetrators.
All agencies have a duty to assess whether a safeguarding response is required before referring an incident to a multi-agency partnership.
5.1 Multi agency risk assessment conference
A Multi-Agency Risk Assessment Conference (MARAC) brings together statutory and voluntary agencies to jointly support adult and child victims of domestic abuse who are at a high risk of serious harm or homicide, and to disrupt and divert the behaviour of the perpetrator(s)
Core MARAC agencies are: police, IDVA services, housing, children’s services, the Probation Service, primary health, mental health, substance misuse service and adult social care.
At the beginning of the MARAC process, local agencies will refer victims to the local MARAC. Before the meeting, all participating agencies will gather relevant, proportionate, and necessary information regarding the victims, including children, and the perpetrator(s). The local agency representatives will attend the MARAC meeting, to discuss the shared information and expertise and suggest actions.
The IDVA is a specialist practitioner who works in partnership with other agencies to implement the action plan. They also represent the victim at the MARAC, making sure their voice is heard. The victims, including children, and perpetrator(s) do not attend the meeting. The victim is informed that the case is being taken through the MARAC process, unless it is deemed unsafe to do so. If the victim objects to the disclosure of personal information, this should be considered in proportion to the risks present. If it is believed that withholding information puts a child at risk of significant harm, or another adult at risk of serious harm, then disclosure may be justified in the public interest and/or in order to protect the vital interests of the third party. If the victim is at significant risk of harm, then this would be in the public interest.
See also Multi Agency Risk Assessment Conference chapter.
5.2 Specialist support services
Local specialist domestic abuse agencies should be contacted for support as they are experts in risk
assessment and management. They can also provide practical services, emotional support, and statutory advocacy. Support and safety planning can also include health and social care services.
6. 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.
7. Professional Safety
Any potential risks to professionals, carers or other staff should be assessed. In such cases a risk assessment should be undertaken. Staff should speak to their manager and follow their own agency’s guidance for staff safety. Such issues should also be discussed during supervision (see Supervision).