See “Vision for Services for Children and Young People affected by Domestic abuse – Guidance to Local Commissioners of Children’s Services” published by the LGA, ADSS, CAFCASS and Women’s Aid, 2005.
Domestic abuse may manifest itself in a variety of ways including physical violence, emotional or psychological abuse, sexual violence and abuse, financial control and abuse and the imposition of social isolation or movement deprivation.
Where there is domestic abuse, the wellbeing of the children in the household must be promoted and all assessments must consider the need to safeguard the children.
Prolonged or regular exposure to domestic abuse can have a serious impact on a child’s development and emotional well-being, despite the best efforts of the victim parent to protect the child.
Domestic abuse has an impact in a number of ways.
During pregnancy, it can pose a threat to an unborn child as assaults on pregnant women often involve punches or kicks directed at the abdomen, risking injury to both the mother and the foetus. Older children may also suffer blows during episodes of violence.
The negative impact of domestic abuse on an adult victims parenting capacity is exacerbated when violence is combined with any form of substance misuse; children witnessing the violence; children drawn into the violence; or children pressurised into concealing assaults.
Children’s exposure to parental conflict, even where violence is not present, can lead to serious anxiety and distress.
Children who are experiencing domestic abuse or conflict may benefit from a range of support and services; some may be at risk of Significant Harm.
The 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” will include, for example, “impairment suffered from seeing or hearing the ill-treatment of another.”
Clarity about information sharing is essential and all agencies, including all refuge projects and non statutory services, should ensure that in sharing information they do so in line with agreed local protocols – see Information Sharing and Confidentiality Procedure.
When a referral is made to Children's Social Care Services (see Section 4, Concerns and Referrals), there must be clarity about who in the family is aware that a referral is to be made. Any response by DART to such referrals should be discreet, in terms of making contact with the adult victim in ways which will not further endanger her or her children. In some cases a child may be in need of immediate protection.
See also Section 7, Management of Risks in Communications
The Police are often the first point of contact with families in which domestic abuse takes place although the Ambulance Service and the Accident and Emergency Department are also often involved as the first point of contact.
When responding to incidents of domestic abuse, the agency in question should always find out if there are any children in the household and wherever possible, assess whether any action is required to ensure their immediate safety.
Where there are any concerns about risks of harm to the child or, where the adult victim agrees that he or she requires support in relation to her child or children, a referral should be made to Children's Social Care Services in accordance with the Referrals Procedure.
Children's Social Care Services will pass referrals concerning domestic abuse to the Domestic Abuse Response Team (DART).
The Domestic Abuse Response Team (DART) contains specialist workers from Health, Children's Social Care Services, the Police and the Domestic Violence Forum. The Team aims to prioritise cases and provide a specialist response to referrals about domestic abuse within 24 hours.
The West Midlands Police have introduced a formal Domestic Abuse Risk Indicator Model for the purpose of informing decisions and actions to protect the victim, children and other vulnerable victims, and assist in multi-agency processes, including child protection and information sharing.
Early and appropriate intervention is a key to the Police response.
Officers attending an incident of domestic abuse are required to complete a Form WC392 and WC392 DA (Initial Risk Indicator Form). Form WC392 will be completed to include a record of whether the victim was pregnant, and whether any child lives in the household, was at home at the time of the incident and if so, whether he or she witnessed the incident taking place, were used as a shield and/or sustained any injury during the incident. Details of any children who are members of the household but were not present when the incident occurred must also be recorded.
Where the victim is pregnant or any children lives at the address, the officer attending the incident will fax Form 392 and 392DA to the Child Abuse Investigation Unit.
In all cases, Forms 392 and 392DA will also be faxed to the Domestic Abuse Officer, who will evaluate the level of risk to the victim as Standard, Medium, High or Very High.
In cases where the risk is categorised as Very High, a MARAC will be held. The purpose of the meeting is to share information about the victim and develop a plan of action to maximise the safety of the victim and children.
A referral (by sending a copy of Forms 392 and 392DA including the categorisation of risk) will always be made by the Domestic Abuse Officer to Children’s Social Care Services in the following circumstances:
Normally, one serious or several lesser incidents of domestic abuse where there is a child in the household means that the Children’s Social Care Services/Domestic Abuse Response Team (DART) will carry out an Initial Assessment of the child and family, including consulting existing records.
An inter agency approach to information sharing in the assessment is vital and includes a range of support services such as refuge projects and the voluntary sector.
Considerations in assessments where domestic abuse may be present include:
All communications that are made as part of any assessment or in connection with any plan for the child, whether direct contact or via letters, emails, telephone including mobile phone calls and text messages, must be carefully assessed bearing in mind the safety of the children and the non-violent parent/carer.
Where a Child Protection Conference is to be held, the Conference Chair and the social worker must assess the risks carefully in relation to the participation of the violent or oppressive parent/carer, the non-abusing parent/carer and the child/ren. It is not only issues of safety at the Conference itself but any travel arrangements before and after as well as the contents and addresses (including schools) on the minutes of the meeting which may pose a risk if disclosed.
The same careful approach should be adopted with the records of all meetings, i.e. Core Group, Planning meetings etc.
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