Appendices
Appendix 1
Definition
The Domestic Abuse Act 2021 created a statutory definition of domestic abuse, emphasising that domestic abuse is not just physical violence, but can also be emotional as well as coercive and controlling behaviour. Section 1 sets out the definition as follows –
[The] Behaviour of a person ("A") towards another person ("B") is "domestic abuse" if -
a) A and B are each aged 16 or over and are personally connected* to each other, and
b) the behaviour is abusive.
Behaviour is "abusive" if it consists of any of the following -
a) physical or sexual abuse;
b) violent or threatening behaviour;
c) controlling or coercive behaviour;
d) economic abuse;
e) psychological, emotional or other abuse;
And it does not matter whether the behaviour consists of a single incident or a course of conduct.
*Personally connected is defined in Section 2 as being or have been married, in a civil partnership, in an intimate personal relationship or are related.
Section 1 of the Act also gives a statutory definition to economic abuse for the first time as:
“Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
(a) acquire, use or maintain money or other property, or
(b) obtain goods or services.
The Act also defines child victims of domestic abuse in Section 3:
1) This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.
2) Any reference in this Act to a victim of domestic abuse includes a reference to a child who—
a) sees or hears, or experiences the effects of, the abuse, and
b) is related to A or B.
Coercive and controlling behaviours within an intimate or family relationship are defined in Section 76 of the Serious Crime Act 2015:
A person (A) commits an offence if— a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive, b) at the time of the behaviour, A and B are personally connected, c) the behaviour has a serious effect on B, and d) A knows or ought to know that the behaviour will have a serious effect on B. A and B are “personally connected” if— a) A is in an intimate personal relationship with B, or b) A and B live together and— i. they are members of the same family, or
ii. they have previously been in an intimate personal relationship with each other. A’s behaviour has a “serious effect” on B if— a) it causes B to fear, on at least two occasions, that violence will be used against B, or b) it causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities.
Appendix 2
Domestic Abuse Act and Statutory Guidance
The Domestic Abuse Act received Royal Assent in 2021 and as well as setting out a legal definition of domestic abuse and recognising children as victims it also –
- Appointed the Domestic Abuse Commissioner and set out their functions and powers
- Introduced Domestic Abuse Protection Orders and Domestic Abuse Protection Notices
- Placed a duty on local authorities to provide safe accommodation with support to victims and children
- Prohibit perpetrators from cross-examining victims in civil and family courts and provide special measures to victims in criminal, civil and family courts
- Created a new offence of non-fatal strangulation
- Extended coercive and controlling behaviour to cover post separation abuse
- Extending the ‘revenge porn’ offence to cover threats to disclose material
- Reinforcing that an individual cannot consent to their own death to eliminate the ‘rough sex gone wrong’ defence.
- Provide eligible homeless victims with ‘priority need’ [xiii]
Part 4 of the Domestic Abuse Act sets out the statutory duties on local authorities to –
- Carry out a needs assessment for accommodation based support and use this needs assessment to;
- Publish a strategy and monitor and evaluate the effectiveness of the strategy in providing safe accommodation
- Appoint a multi-agency Domestic Abuse Partnership Board including representation of victims and children of domestic abuse
- Present an annual report to the Secretary of State
The Domestic Abuse Partnership Board meets quarterly to monitor the implementation of the Domestic Abuse Strategy and Action Plan and reports into the Safer Hartlepool Partnership.
The statutory guidance was published in July 2022 and includes agency and multi-agency response to domestic abuse. Following this, the Government published their Tackling Domestic Abuse Plan[xiv] which focuses on prioritising prevention, supporting victims, pursuing perpetrators and a stronger system.
Each individual agency should have provisions in place in responding and identifying domestic abuse, including the use of the DASH risk assessment when professionals are trained to use the tool, using professional judgment and indicators to identify and manage risk.
The statutory guidance of Working Together to Safeguard Children (2023) should be used in conjunction with the Domestic Abuse Act (2021) when responding to abuse involving children under the age of 18.[xv]
Other relevant legislation -
- Serious Violence Duty
- Victims and Prisoners Act
- The Care Act
- Homelessness Code of Guidance
- National Statement of Expectations
Appendix 3
Glossary
Physical abuse
Physical assault including hitting, shoving, kicking, head-butting, slapping, hair pulling and assault with weapons. Also includes threatening to carry out any of these actions.
Sexual abuse
Any unwanted sexual contact including rape.
Verbal abuse
Shouting, swearing, calling names.
Economic abuse
Taking away someone’s resources or economic independence. May involve actions like preventing the victim going to work or taking away their wages; taking out debt in the victim’s name (with or without their knowledge); ruining the victim’s credit score to make it difficult for them to access credit; damage to possessions and property.
Emotional abuse
Attacking the victim’s personality by insulting or demeaning the victim, telling them they are worthless or unlovable, that everything is their fault, that they are a bad spouse/partner/parent, etc.
Gas lighting
A form of emotional abuse where the perpetrator causes the victim to doubt their own thoughts, memories, the events happening around them and even their own sanity.
Child contact abuse
Using child contact arrangements to abuse or harass the victim, for example, telling the victim they will report them as a bad parent to have the children removed or if they have been removed that it was the victim’s fault; repeatedly taking the victim back to Family Court (particularly if the victim does not have access to legal aid); making malicious reports to social workers about the victim; encouraging the children to abuse the victim as well.
Online abuse
Using social media to stalk or harass the victim; posting or threatening to post indecent images of the victim online (revenge porn); installing “spyware” software on the victim’s computer and/or smart phone to monitor their online activity or to track their “real-world” movements.
Stalking
Following, watching or spying on the victim - can be “real world”, online or both.
Harassment
Repeated attempts to force contact or communication with the victim – can also include attempts to contact others connected with the victim e.g. family members, friends and co-workers.
LGBTQ+
Abuse based around an individual’s sexuality e.g. saying the individual is “too gay” or threatening to “out” the survivor to family, co-workers, etc. who are not aware of their sexuality. LGBTQ survivors can face abuse from their partner and / or their family. They can also face hostility and prejudice from services.
Child-to parent abuse
A pattern of abuse that causes the parent(s) to fear the child. In the context of young people and family violence, this can also extend to siblings and other members of the household. In an adult child-to parent-abuse context the abuse may revolve around the elderly parent(s) care needs, for example, the adult child’s refusal to allow care for their parent as the cost will reduce their inheritance.
Disabled people
Disabled people can face abuse related to their disability and / or care needs, for example withholding medication; removing a disabled person’s wheelchair or placing obstacles in the path of a blind person to restrict their mobility; using abusive language when talking to or about the survivor e.g. saying they are a burden. If the abuser is also the carer then the risk to the victim is even greater.
Older people
Similarly to disabled people, older people can face abuse related to their care needs, particularly if the abuser is also the person’s carer. They can also face abuse from their adult children. Services can confuse signs of abuse for age-related infirmity.
Young people
Young people in abusive teen relationships face similar types of abuse as adults. As young people often have a large online presence they may also experience additional types of abuse related to this e.g. sexting, revenge porn and online stalking and harassment. Young people may also face abuse within a family context from siblings. They may also experience abuse from a parent if they are still living at home beyond age 16 (for purposes re: domestic abuse below age 16 would be classed as child abuse not domestic abuse however it also needs noting that a child aged 16-18 can still be defined as child abuse).
Honour-based violence (HBV)
HBV is motivated by a desire to preserve the “honour” of the perpetrator and / or the wider family. HBV can be perpetrated by the intimate partner and / or other family members. HBV victims are more likely to experience abuse from multiple perpetrators. Factors such as disability, sexuality and being “Westernised” can increase the risk of HBV. Forced marriage and FGM is a significant part of the abuse for many victims of HBV
Female Genital Mutilation (FGM)
FGM involves any procedures involving partial or total removal of the external female genital organs or any other injury to the female genital organs for non-medical reasons. It is most often carried out on young girls aged between infancy and 15 years old. This is child abuse and must be treated as such. Forced marriage A forced marriage is where one or both people do not or (in cases of people with learning disabilities or reduced capacity) cannot consent to the marriage and they are pressurised, or abuse is used, to force them to do so. Rejecting a forced marriage can be a trigger for HBV.