1. Safeguarding Children Abused through Domestic Violence

Acknowledgements

The London Safeguarding Children Board thanks Barnardos for providing the basis for this procedure and Barnet and Hammersmith and Fulham Safeguarding Children Boards for piloting it and proofing it for implementation.

1.1

Introduction

The three central imperatives of any intervention for children living with domestic violence are:

• To protect the child/ren;
• To support the mother to protect herself and her child/ren; and
• To hold the abusive partner accountable for his violence and provide him with opportunities to change.

1.2

How to use this procedure

2.1

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'.

The main characteristic of domestic violence is that the behaviour is intentional and is calculated to exercise power and control within a relationship.

Examples of these behaviours are:

• Psychological / Emotional Abuse - intimidation and threats (e.g. about children or family pets), social isolation, verbal abuse, humiliation, constant criticism, enforced trivial routines, marked over intrusiveness.
• Physical violence - slapping, pushing, kicking, stabbing, damage to property or items of sentimental value, attempted murder or murder;
• Physical restriction of freedom - controlling who the mother or child/ren see or where they go, what they wear or do, stalking, imprisonment, forced marriage;
• Sexual violence - any non-consensual sexual activity, including rape, sexual assault, coercive sexual activity or refusing safer sex; and
• Financial abuse - stealing, depriving or taking control of money, running up debts, withholding benefits books or bank cards.

2.2

Forced marriage and honour-based violence

Children and young people can be subjected to domestic abuses perpetrated in order to force them into marriage or to 'punish' him/her for 'bringing dishonour on the family'.

Whilst honour based violence can culminate in the death of the victim, this is not always the case. The child or young person may be subjected over a long period to a variety of different abusive behaviours ranging in severity. The abuse is often carried out by several members of a family and may, therefore, increase the child's sense of powerlessness and be harder for professionals to identify and respond to.

All professionals should understand the following issues that children and their mothers may face, and take these into consideration when trying to help them:

• Culture: the culture amongst some communities means that it is often more difficult for women to admit to having marital problems. This is because a failed marriage is often seen as being the woman's fault, and she will be blamed for letting down the family's honour. In some cultures, a woman may not be in a position to divorce her husband. If the husband does not want to comply with this, he can prevent giving a religious divorce to his wife.
• Immigration status: children and their mothers may have an uncertain immigration status, which could prevent them from accessing services. The mother may also be hesitant to take action against her partner for fear of losing her right to remain in the UK. In some cases, women have received threats of deportation from their partner or extended family if they report domestic violence and have had their passports taken from them.
  
  Similarly, children may have had their passports taken away from them and may fear that they and/or their mother could be deported if they disclose domestic violence in the family.
• Language / literacy: children and their mothers may face the additional challenge to engaging with services in that English is not their first language. When working with these children and families, professionals should use professional interpreters who have a clear Criminal Records Bureau check; it is not acceptable to use a family member or friend, and members of the extended community network should also be avoided wherever possible.
• Temporary accommodation: many families live in temporary accommodation. When a family moves frequently, they may be facing chronic poverty, social isolation, racism or other forms of discrimination and the problems associated with living in disadvantaged areas or in temporary accommodation. These families can become disengaged from, or may have not been able to become engaged with, health, education, social care, welfare and personal social support systems
• Recent trauma: some recently immigrant families often have a traumatic history and / or a disrupted family life and can need support to integrate their culture with that of the host country.  
• Disability: children and/or mothers with disabilities may be especially vulnerable in situations where the abuser is also their primary carer, and some refuges may lack appropriate facilities to respond to their particular needs. The British Crime Survey consistently shows that disabled people are much more likely to experience domestic violence than non disabled people.
• Social exclusion: children and their families may also face additional vulnerabilities as a result of social exclusion. The British Crime Survey indicates that people who are currently on a low income and/or not owning their own home are more likely than those on a higher income and/or homeowners to have experienced incidents of domestic violence. This can include women with no recourse to public funds. Lesbian, gay, bisexual and transgender people may also be especially vulnerable, and issues such shame, stigma, mistrust of authority (particularly the police), fear of having children taken away because of incorrect stereotyping, "outing" etc can lead to the abuse / violence being hidden and unreported. There are also issues around safe havens for transgender people and their children, and some women's refuges may not accept men who have not fully transitioned.

4.1

The impact of domestic violence on children

The risks to children living with domestic violence include:

• Direct physical or sexual abuse of the child. Research shows this happens in up to 60% of cases; also that the severity of the violence against the mother is predictive of the severity of abuse to the children (Note: A study by Bowker, Arbitell and McFerron (1988) found that the more frequent the violence to wives, including physical violence and marital rape, the more extreme the physical abuse of the children. The authors concluded that: "the severity of the wife beating is predictive of the severity of the child abuse");
• The child being abused as part of the abuse against the mother:
  • Being used as pawns or spies by the abusive partner in attempts to control the mother;
  • Being forced to participate in the abuse and degradation by the abusive partner.
• Emotional abuse and physical injury to the child from witnessing the abuse:
  • Hearing abusive verbal exchanges between adults in the household;
  • Hearing the abusive partner verbally abuse, humiliate and threaten violence;
  • Observing bruises and injuries sustained by their mother;
  • Hearing their mother's screams and pleas for help;
  • Observing the abusive partner being removed and taken into police custody;
  • Witnessing their mother being taken to hospital by ambulance;
  • Attempting to intervene in a violent assault;
  • Being physically injured as a result of intervening or by being accidentally hurt whilst present during a violent assault.
• Negative material consequences for a child of domestic violence:
  • Being unable or unwilling to invite friends to the house;
  • Frequent disruptions to social life and schooling from moving with their mother fleeing violence;
  • Hospitalisation of the mother and/or her permanent disability.

The impact of domestic violence on children is similar to the effects of any other abuse or trauma and will depend upon such factors as:

• The severity and nature of the violence;
• The length of time the child is exposed to the violence;
• Characteristics of the child's gender, ethnic origin, age, disability, socio economic and cultural background;
• The warmth and support the child receives in their relationship with their mother, siblings and other family members;
• The nature and length of the child's wider relationships and social networks; and
• The child's capacity for and actual level of self protection.

4.2

The impact of domestic violence on unborn children

4.3

The impact of domestic violence on mothers and their ability to parent

Mothers subjected to domestic violence have described a number of physical effects, including frequent accommodation moves, economic limitations, isolation from social networks and, in some cases, being physically prevented from fulfilling their parenting role by the abuser. The psychological impact can include:

• Loss of self-confidence as an individual and parent;
• Feeling emotionally and physically drained, and distant from the children;
• Not knowing what to say to the children;
• Inability to provide appropriate structure, security or emotional and behavioural boundaries for the children;
• Difficulty in managing frustrations and not taking them out on the children; and
• Inability to support the child/ren to achieve educationally or otherwise.

4.4

The abusive partner's ability to parent

Professionals are often very optimistic about men's parenting skills (Hester and Radford [1996]), whilst scrutinising the mother's parenting in much greater detail. However, research (Holden and Ritchie [America, 1991]) has found that the abusive partners had inferior parenting skills, including being:

• More irritable;
• Less physically affectionate;
• Less involved in child rearing; and
• Using more negative control techniques, such as physical punishment.

5.1

Mothers

5.2

Abusive partners

6.1

Barriers to disclosure for mothers

There are many reasons why a mother will be unwilling or unable to disclose that she is experiencing domestic violence. Usually it is because she fears that the disclosure (and accepting help) will be worse than the current situation and could be fatal. A mother may:

• Minimise her experiences and/or not define them as domestic violence (this view could be culturally based);
• Be unable to express her concerns clearly (language can be a significant barrier to disclosure for many women);
• Fear that her child/ren will be taken into care;
• Fear the abusive partner will find her again through lack of confidentiality;
• Fear death;
• Believe her abusive partner's promise that it will not happen again (many mothers do not necessarily want to leave the relationship, they just want the violence to stop);
• Feel shame and embarrassment and may believe it is her fault;
• Feel she will not be believed;
• Fear that there will not be follow-up support, either because services are just not available or because she will meet with institutional discrimination;
• Fear the abuser will have her detained;
• Fear that she will be isolated by her community;
• Fear she will be deported;
• Fear that his status will be exposed and she will be punished with an escalation of violence;
• Be scared of the future (where she will go, what she will do for money, whether she will have to hide forever and what will happen to the children);
• Be isolated from friends and family or be prevented from leaving the home or reaching out for help;
• Have had previous poor experience when she disclosed.

6.2

Barriers to disclosure for children

Children affected by domestic violence often find disclosure difficult or go to great lengths to hide it. This could be because the child is:

• Protective of their mother;
• Protective of their abusing parent;
• Extremely fearful of the consequence of sharing family 'secrets' with anyone. This may include fears that it will cause further violence to their mother and/or themselves;
• Being threatened by the abusing parent;
• Fearful of being taken into care;
• Fearful of losing their friends and school;
• Fearful of exposing the family to dishonour, shame or embarrassment;
• Fearful that their mother (and they themselves) may be deported.

7.1

Enabling disclosure for children and mothers

Where a professional is concerned about / has recognised the signs of domestic violence (see Section 8. Responding to domestic violence), the professional can approach the subject with a child or a mother with a framing question. That is, the question should be 'framed' so that the subject is not suddenly and awkwardly introduced, e.g.:

• For a mother: "As domestic violence is so common, we now ask everyone who comes into our service if they experience this. This is because if affects people's safety, health and well-being, and our service wants to support and keep people as safe as possible";
• For a child: "We know that many mums and dads have arguments, does that ever happen in your family?"

Professionals should not press the child for answers, instead:

• Listen and believe what the child says;
• Reassure the child/ren that the abuse is not their fault, and it is not their responsibility to stop it from happening; and
• Give several telephone numbers, including local police community safety units, local domestic violence advocacy services (please refer to locally produced information), LA children's social care, the Childline number (0800 1111), and the NSPCC Child Protection Helpline (0808 800 5000).

7.2

Enabling disclosure for an abusive partner

If the man states that domestic violence is an issue, or the professional suspects that it is, the professional should:

• Establish if there are any children in the household and, if so, how many and their ages;
• If there are children, tell the man that children are always affected by living with domestic violence, whether or not they witness it directly;
• Explain the limits of confidentiality and safeguarding responsibilities;
• Consider whether the level of detail disclosed is sufficient. If not, the professional may need to ask clarification questions such as those set out in appendix 10. Working with abusive partners;
• Be clear that abuse is always unacceptable and that abusive behaviour is a choice;
• Be respectful, affirm any accountability shown by the man, but not collude.

The professional should act to safeguard the child/ren and/or their mother by:

• Informing their line manager and their agency's nominated safeguarding children adviser;
• Using the risk identification matrix (see appendix 1. risk identification matrix) with the information available at the time to assess the degree of risk of harm to the child/ren, in line with sections 9.2 to 9.6. Assessing the risk of harm to a child, below. The professional should consult with the nominated safeguarding children adviser, in line with local procedures.
• Respond to the child/ren and their mother in line with all sections in this procedure; and
• Respond to the abusive partner in line with all sections in this procedure.

8.1

Professionals' responsibilities

In particular, professionals should keep in mind that:

• The issue of domestic violence should only ever be raised with a child or mother when they are safely on their own and in a private place; and
• Separation does not ensure safety, it often at least temporarily increases the risk to the child/ren or mother.

8.2

Information sharing

8.3

Disclosure and/or recognition

Professionals in all agencies are likely to become aware of domestic violence through:

• Disclosure prompted by the professional's routine questioning or identification of signs that domestic violence could be taking place;
• Unprompted disclosure from a child, mother or abuser; or
• Third party information (e.g. neighbours or family members).

8.4

Agency / community or other group responsibilities in enabling disclosure and/or recognition

Agencies / community and other groups should create a supportive environment by ensuring that:

• Staff receive domestic violence training appropriate to their professional role (i.e. basic, enhanced, advanced), via Local Safeguarding Children Board training;
• Information about domestic violence may be available in a range of languages and different formats, giving information about domestic violence, inviting children and mothers to seek help and giving contact details of local support services; including the telephone numbers for local police community safety units, local domestic violence advocacy services (please refer to locally produced information), LA children's social care, the Childline number (0800 1111), and the NSPCC Child Protection Helpline (0808 800 5000).
• Where interpreters are employed to translate, they are professionals (with clear Criminal Records Bureau checks) not family members, children or friends.

9.1

Information gathering and disclosure

Professionals should validate and support children and mothers who disclose by:

• Listening to what the child / mother says and taking what s/he says seriously;
• Explaining the need to make sure that s/he and others in the family are safe. This will mean by sharing information with professionals who can help the child/ren and/or mother to stay safe (limits of confidentiality). See also section 3. Sharing Information in the London Child Protection Procedures (London Board, 2007);
• Reassuring the child/ren that the abuse (directed towards the mother and possibly also the child/ren) is not their fault, and it is not their responsibility to stop it from happening; and
• Give the child/ren several telephone numbers, including local police community safety units, local domestic violence advocacy services (please refer to locally produced information), LA children's social care, the Childline number (0800 1111), and the NSPCC Child Protection Helpline (0808 800 5000).

Whether or not a child or mother discloses, when a professional becomes aware of domestic violence in a family, in order to assess and attend to immediate safety issues for the child/ren, mother and professional, the professional should establish:

• The nature of the violence;
• If there are other children in the household. If so, the number of children and whether any are under 7 years or have special needs (young children and those with special needs are especially vulnerable because they do not have the ability to implement safety strategies and are dependent on their mothers to protect them);
• Whether the mother's partner is with her, and where the children are;
• What a child or mother's immediate fears are;
• Whether there is a need to seek immediate assistance; and
• Whether the child/ren and the mother have somewhere safe to go.

The professional should:

• Where there has been disclosure, support the child and/or mother by taking what s/he says seriously;
• Make an immediate decision, where possible, about whether a child or mother requires treatment or protection from emergency services;
• Where there has been disclosure, ask the child and/or mother what strategies s/he has for keeping him/herself safe (if any). See Section 14. Safety planning;
• Record the information and the source of the information;
• Discuss the information / concerns with the agency's nominated safeguarding children adviser and the professional's line manager;
• Use the information in paragraph 9.1.4 and any other known information about the family to assess the risk of harm to a child and his/her mother. The professional should consult with the nominated safeguarding children adviser, in line with local procedures. See section 9.2. Assessing the risk of harm to a child.
  
  The assessed risk (scale 1 - 4) will assist the professional, the agency's nominated safeguarding children adviser and the line manager in deciding what action to take to support the child/ren and mother. It will be an immediate assessment, as more information becomes available the potential risk of harm to the child/ren may be judged to increase or decrease (i.e. move up or down a scale).
• The assessed risk will also assist the professional, the agency's nominated safeguarding children adviser and the line manager in deciding what action to take in relation to the abuser. See section 9.2. Assessing the risk of harm to a child and section 17. Abusive partners / children.

9.2

Assessing the risk of harm to a child

9.3

Factors which increased vulnerability / risk and appropriate interventions

If there is a child or a mother who has special needs, the risk of harm to the child, the mother and other children in the family is increased because the child or mother may not have the ability to implement an effective safety strategy.

If the mother is a vulnerable adult, professionals should follow their local Protection of Vulnerable Adults (POVA) procedure. (Note: Each local authority will have their own procedure for the protection of vulnerable adults. For a generic summary of the contents, see the London Safeguarding Children Board website)

9.4

Thresholds and interventions - common assessment framework (CAF)

9.4.1

Scale 1 - moderate risk of harm to the child/ren identified

Threshold scale 1 assesses the potential risk of harm to the child/ren as moderate. A child in this situation will have additional needs - as defined within the Common Assessment Framework (CAF). The child/ren and their mother are likely to need family support interventions which can be offered by the agency itself or by another single agency.

The professional should:

1. Re-check that there are no factors which increase the vulnerability of the child/ren (see section 9.3. Factors which increased vulnerability / risk and appropriate interventions above) which might raise the risk into a higher scale;
2. Make a record of the assessment and the information which underpins it, and inform their line manager;
3. Complete a CAF or refer under local arrangements for a CAF to be completed, for each child in the household. If the mother does not consent to the completion of a CAF, this raises the threshold. The professional should consult their agency's nominated safeguarding children adviser and consider discussing the situation with LA children's social care;
4. Consider what their own agency can contribute as part of any CAF interventions and/or make a referral to another agency to offer an intervention under the CAF.
5. CAF planning must include safety planning for the child/ren and mother in line with section 14. Safety planning.
6. Refer the abuser to an appropriately accredited perpetrator programme, if there is genuine willingness to engage with services to address his behaviour. See also Chapter 17. Abusive partners / children; and
7. Follow-up to ensure that the CAF plans have been actioned and reviewed, including that the abuser is engaged with services to address his behaviour.

9.4.3

Scale 2 - moderate to serious risk of harm to the child/ren identified

Threshold scale 2. assesses the potential risk of harm to the child/ren as moderate to serious. A child in this situation will have additional needs, as defined within the Common Assessment Framework (CAF). The child/ren and their mother are likely to need family support interventions offered by more than one agency, which are co-ordinated by a Lead Professional.

The professional should follow the procedures at 9.4.2 a) - c), e) and f). In addition, the professional should:

1. Make a notification or referral to LA children's social care if the mother does not consent to the completion of a CAF, as this raises the threshold;
2. Share information with relevant multi-agency professionals (information can be shared without consent where there are concerns about the risk of harm to the child/ren or their mother). Record the decision to share and the rationale for doing so;
3. Convene or attend a multi-agency CAF meeting and consider what their own agency can contribute as part of any multi-agency CAF interventions;
4. CAF planning must include safety planning for the child/ren and mother in line with section 14. Safety planning;
5. Refer the abuser to an appropriately accredited perpetrator programme, if there is genuine willingness to engage with services to address his behaviour. See also section 17. Abusive partners / children; and
6. Follow-up to ensure that the CAF plans have been actioned and reviewed, including that the abuser is engaged with services to address his behaviour.

9.5

Thresholds and interventions - child protection

9.5.1

Scale 3 - safeguarding, serious risk of harm to the child/ren identified

Threshold scale 3. assesses the potential risk of harm to the child/ren as serious. In threshold scale 3, protection factors are limited and the children may be suffering or be at risk of suffering Significant Harm. Intervention and support for the child/ren and their mother will require LA children's social care planning, via a section 17 Children in Need assessment.

The professional should:

1. Re-check that there are no factors which increase the vulnerability of the child/ren (section 9.3. Factors which increased vulnerability / risk and appropriate interventions above) which might raise the risk into a higher scale;
2. Make a record of the assessment and the information which underpins it, and inform their line manager;
3. Contact LA children's social care to make a referral, in line with section 6. Referral and assessment in the London Child Protection Procedures (London Board, 2007).
   
   LA children's social care may assess the child/ren to be child/ren in need, and offer services under section 17. Children Act 1989. However, child protection intervention (i.e. section 47. Children Act 1989) may be necessary if the threshold of Significant Harm is reached.
   
   LA children's social care should initiate safety planning for the child/ren and mother in line with section 14. Safety planning;
4. Any agency should consider referring the family into the multi-agency risk assessment conferencing (MARAC) process. If they decide not to refer to MARAC, LA children's social care should follow the procedures at 9.4.4 e) and follow-up to ensure that the abuser is engaged with services to address his behaviour. See also section 17. Abusive partners / children;
5. Share information with relevant multi-agency professionals, having obtained consent; and
6. Record all actions and contacts (with the child/ren, the mother and the abuser and other professionals) and information given and received, including the decision to share it and the rationale for doing so.

9.5.4

Scale 4 - initiate child protection procedures, severe risk of harm to the child/ren identified

Threshold scale 4. assesses the domestic violence as severe with increased concern regarding children's well-being due to additional contributory risk factors. In threshold scale 4, protective factors are extremely limited and the threshold of Significant Harm is reached.

The professional should:

1. Make a record of the assessment and the information which underpins it, and inform their line manager;
2. Make a referral (written or via telephone, and followed up in writing) to LA children's social care, in line with section 6. Referral and assessment in the London Child Protection Procedures (London Board, 2007).
3. LA children social care are likely to assess the child/ren as being in need of protection and initiate section 47 enquiries, a Core Assessment and, where necessary, a child protection conference;
   
   LA children's social care should initiate safety planning for the child/ren and mother in line with section 14. Safety planning;
   
   LA children's social care and other relevant agencies will plan for the safety of professionals in contact with the abuser;
   
   Any agency will refer the family into the MARAC process. See also section 17. Abusive partners / children;
4. Share information with relevant multi-agency professionals, this can be done without consent; and
5. Record all actions and contacts (with the child/ren, the mother and the abuser and other professionals) and information given and received, including the decision to share it and the rationale for doing so.

9.6

Responding to domestic violence where there are no children in the household

Having confirmed that there are no children in the household, the professional may consider the following:

• Establish if the woman is a vulnerable adult and if so refer to the local  Protection of Vulnerable Adults (POVA) procedure;
• Use the risk identification matrix to assess the level of risk of harm to the woman (based on information such as the relevant points in paragraph 9.1.4 and any other information about the relationship); and
• Refer the woman to a local domestic violence agency and, if the risk of harm is at threshold scale 3 or 4, consider making a referral into the MARAC process. See paragraph 10.14 below.

The SPECSS+ (CUSSCAAM) Tool includes a part 1 risk identifier as used by Initial Investigating Officers and a part 2 risk assessment that is used for medium and high risk cases.  The IIO (and later the Investigating Officer) will make an assessment of risk as either:

• Standard - corresponds to scale 1 (moderate risk of harm to the children identified);
• Medium - corresponds to scale 2 (moderate to serious risk of harm to the children identified)
• High - corresponds to scale 3 and 4 (serious to severe risk of harm to the children identified)

Initial investigating officers will record all the children who live in the household regardless of whether they are direct witnesses to the incident.  The officers will detail:

• What the children saw or heard;
• A description of the child's demeanour and emotional state;
• If possible, a categorisation of the risk to the children;
• A history of the abuse the children have seen and heard.

The details of the investigation are recorded on the Crime Reporting Information System (CRIS), along with the appropriate initial risk assessment. All CRIS reports will be screened into the relevant unit for further investigation. In the majority of cases, this will be the local Community Safety Unit (CSU). The exceptions being:

• Serious sexual offences, which will in the main be investigated by Sapphire Units with the CSU DI having an oversight of the risk management plans;
• Direct domestic abuse of the child, which will be allocated to the Child Abuse Investigation Team (CAIT);
• Murder, as this will fall to the Serious Crime Directorate to investigate.

Once they have collated all the available evidence, the IO will speak to the CPS (Crown Prosecution Service), either locally or CPS direct if out of office hours. The relevant prosecutor will then make one of the following decisions:

• To authorise police to charge the abuser with the appropriate offence(s);
• To advise police to administer the abuser with an official adult caution;
• To advise police to bail the abuser to allow further evidence to be obtained;
• To take no further criminal action against an abuser.

If the IO feels the decision made by the CPS is inappropriate, there is a dispute resolution process to resolve disagreements between MPS and CPS.

Social workers will assess the child and their family using the Framework for the Assessment of Children in Need and their Families (DH, 2000) and the risk assessment matrix (see appendix 1. Risk assessment matrix), taking into account such factors as the:

• Nature of the abuse;
• Risks to the child posed by the abuser;
• Risks of serious injury or death;
• Abuser's pattern of assault and coercive behaviours;
• Impact of the abuse on the mother;
• Impact of the abuse on the child;
• Impact of the abuse on parenting roles;
• Protective factors; and
• Outcome of the mother's past help-seeking.
  
  (Note: A number of London local authorities use an established children's social care assessment format which is underpinned by these nine areas.)

14.1

Safety planning

14.2

Safety planning with mothers

14.3

Remaining with an abusive partner

14.4

Separation

14.4.6

Where the risk is assessed as being threshold scale 1 or 2:

Key agencies which may be involved in the CAF and the safety planning are the school, health, LA housing, an advocacy service, the police community safety unit, Women's Aid or Refuge - as appropriate. A professional should be nominated to proactively engage with the mother and maintain contact, particularly immediately after separation.

14.4.9

Where the risk is assessed as being threshold scale 3 or 4:

LA children's social care should advise on or lead the safety planning.

14.5

Safety planning with children and young people

17.1

Working with men who abuse their partners

17.2

Children who abuse family members

Professionals should:

• Be aware that domestic violence is present but undisclosed or not known in many of the families they work with;
• Ensure that they are familiar with their agency's safety at work policy;
• Not undertake a visit to a home alone where there is a possibility that a violent partner may be present, nor see a violent partner alone in the office;
• Avoid putting themselves in a dangerous position (e.g. by offering to talk to the abuser about the mother or being seen by the abuser as a threat to their relationship);
• Ensure that any risk is communicated to other agency workers involved with the family.

Language barriers - professional interpreter required

New immigrant - unaware of support services and official processes

Victim minimising abuse - due to fear of experiencing racism / discrimination in statutory services  -and/or

Victim unwilling to disclose abuse - due to allegiance to own community/faith/family

5.15

Forced marriage of a child

Recognition

A child who is being forced into marriage is at risk of Significant Harm through physical, sexual and Emotional Abuse. See section 4.3 Recognition of abuse and neglect, London Child Protection Procedures (London Board, 2007).

Significant harm is defined in section 4. Recognition and response, London Child Protection Procedures (London Board, 2007) as a situation where a child is suffering, or is likely to suffer, a degree of physical, sexual and / or emotional harm (through abuse or neglect), which is so harmful that there needs to be compulsory intervention by child protection agencies into the life of the child and their family.

While there is a presumption that parents want the best for their children, this may result in conflict between their wishes and those of the child. Where parents force their children to marry, the justification for their actions often falls within the following:

• Controlling unwanted behaviour and sexuality (including perceived promiscuity, or being gay, lesbian, bi-sexual or transgender) - particularly the behaviour and sexuality of women;
• Protecting 'family honour';
• Responding to peer group or family pressure;
• Attempting to strengthen family links;
• Ensuring land, property and wealth remain within the family;
• Protecting perceived cultural and/or religious ideals (which are often misguided or out of date);
• Preventing 'unsuitable' relationships (e.g. outside the family's cultural, ethnic, religious or caste group);
• Assisting claims for residence and citizenship;
• Fulfilling long standing family commitments;
• Debt repayment;
• Alleviation of poverty;
• Appeasement of an aggrieved family member.

Response

Where an allegation of forced marriage or intended forced marriage is raised, the professional should:

• See the child immediately in a secure and private place;
• See the child on their own;
• Explain to the child the limits of confidentiality;
• Tailor their approach according to whether the child is already married or is at risk of being married (e.g. are there indications of a specific plan to force the child to marry?). There may also be information suggesting a child will be taken out of the country, often for a 'holiday' during a vacation period, and professionals should be aware that this could be linked to suspicions or concerns that the child is at risk of forced marriage;
• Encourage and/or help the child to complete a personal risk assessment (see the proformas in this supplementary London procedure for safeguarding children abused through domestic violence);
• Develop an emergency safety plan with the child;
• Explain all the options to the child (starting with the fact that forced marriage is illegal in the UK) and recognise and respect the child's wishes. If the child does not want LA children's social care to intervene, the professional will need to consider whether the child's wishes should be respected or whether the child's safety requires that further action be taken. This requires the professional to make an assessment of the risk of harm facing the child;
• Agree a means of discreet future contact with the child;
• Contact, as soon as possible, the agency's nominated safeguarding children adviser, who should be involved in the assessment of risk;
• Record all discussions and decisions (including rationale if no decision is made to refer to LA children's social care).

Professionals should not:

• Treat such allegations merely as a domestic issue and send the child back to the family home as part of routine child protection procedures. It is not unusual for families to deny that forced marriage was the intention, and once aware of professional concern they may move the child and bring forward both travel arrangements and the marriage;
• Ignore what the child said or dismiss out of hand the need for immediate protection;
• Approach the child's family, friends or those people with influence within the community without the express consent of the child, as this will alert them to agency involvement / enquiries;
• Contact the family. If the family are approached, they may deny that the child is being forced or was forced to marry, move the child, expedite any travel arrangements, bring forward the forced marriage or harm the child;
• Share information outside child protection information-sharing protocols without the express consent of the child;
• Breach confidentiality, except where necessary in order to ensure the child's safety;
• Attempt to be a mediator. This can put the child at considerable risk of harm, possibly of being murdered.

Considerations for all agencies

When dealing with allegations of forced marriage, all professionals should:

• Keep information from case files and databases strictly confidential, and preferably restricted to named members of staff only;
• Consider, with their managers, staff safety when visiting the family home and any other settings (see section 10. Working with unco-operative families, in the London Child Protection Procedures, London Board, 2007);
• Get as much information as possible when a case is first reported, as there may not be another opportunity for the individual reporting to make contact - particularly if the child is going overseas;
• When referring a case of forced marriage to other agencies, ensure they are capable of handling the case appropriately. If in doubt, consider approaching established women's groups who have a history of working with survivors of domestic violence and forced marriage and ask these groups to refer them to reputable agencies;
• Recognise the police responsibility to initiate and undertake a criminal investigation as appropriate; 
• Encourage the child to get in touch with the Community Liaison Unit at the Foreign and Commonwealth Office. The Unit gives advice to children who fear they may be forced to marry.

Action by LA children's social care

The situations, and the appropriate LA children's social care responses, are set out in government guidelines for responding to forced marriage situations, in the following five sections.

• A child who fears they may be forced to marry in the UK or overseas;
• A report by a third party of a child having been taken abroad for the purpose of a forced marriage;
• A child who has already been forced to marry;
• A child repatriated to the UK from overseas;
• A spouse who has come to the UK from overseas.

Government guidelines for responding to forced marriage situations are available:

Click here to view 'Young People & Vulnerable Adults Facing Forced Marriage' Practice Guidance for Social Workers

Click here to view 'Dealing with Cases of Forced Marriage' Practice Guidance for Health Professionals

The Association of Chief Police Officers of England Wales and Northern Ireland (ACPO) guidelines for the police for responding to forced marriage situations are available:

Click here to view 'Dealing with Cases of Forced Marriage' Guidance for Police Officers

Local agencies and professionals can contact the Forced Marriage Unit where experienced caseworkers will be able to offer support and guidance on: 020 7008 0151 or online at the Foreign and Commonwealth Office website

5.20

Honour-based violence

Honour based violence is the term used to describe murders in the name of so-called honour, sometimes called 'honour killings'. These are murders in which predominantly women are killed for perceived immoral behaviour, which is deemed to have breached the honour code of a family or community, causing shame.

The Metropolitan Police definition of so-called honour based violence is: 'a crime or incident, which has or may been committed to protect or defend the honour of the family and/or community'.

Recognition

A child who is at risk of honour based violence is at significant risk of physical harm (including being murdered) and/or neglect, and may also suffer significant emotional harm through the threat of violence or witnessing violence directed towards a sibling or other family member. See section 4. Recognition and response, section 4.3 Recognition of abuse and neglect in the London Child Protection Procedures (London Board, 2007).

Significant harm is defined in section 4. Recognition and response of the London Child Protection Procedures (London Board, 2007) as a situation where a child is likely to suffer a degree of physical harm which is such that it requires a compulsory intervention by child protection agencies into the life of the child and their family.

The perceived immoral behaviour which could precipitate a murder include:

• Inappropriate make-up or dress;
• The existence of a boyfriend;
• Kissing or intimacy in a public place;
• Rejecting a forced marriage;
• Pregnancy outside of marriage;
• Being a victim of rape;
• Inter-faith relationships;
• Leaving a spouse or seeking divorce.

Incidents, in addition to those listed in 5.20.5 above, which may precede a murder include:

• Physical abuse;
• Emotional abuse, including:
  • house arrest and excessive restrictions;
  • denial of access to the telephone, internet, passport and friends;
  • threats to kill;
• Pressure to go abroad. Victims are sometimes persuaded to return to their country of origin under false pretences, when in fact the intention could be to kill them.

Disclosure and response

Where a child discloses fear of honour based violence, professionals in all agencies should respond in line with section 5. Children in specific circumstances, section 5.11. Domestic violence and section 5.36 Forced marriage of a child in the London Child Protection Procedures (London Board, 2007); and this supplementary London procedure for safeguarding children abused through domestic violence (London Board, 2007). The professional response should include:

• Seeing the child immediately in a secure and private place;
• Seeing the child on their own;
• Explaining to the child the limits of confidentiality;
• Asking direct questions to gather enough information to make a referral to LA children's social care and the police, including recording the child's wishes;
• Encouraging and/or helping the child to complete a personal risk assessment (see the proformas in the London procedure for safeguarding children abused through domestic violence);
• Developing an emergency safety plan with the child;
• Agreeing a means of discreet future contact with the child;
• Explaining that a referral to LA children's social care and the police will be made (See section 6. Referral and assessment in the London Child Protection Procedures, London Board, 2007);
• Record all discussions and decisions (including rationale if no decision is made to refer to LA children's social care).

See also section 6.4 Referral criteria and the indicator table, in the London Child Protection Procedures (London Board, 2007), which provides guidance on the difference in LA children's social care between s47 / Core Assessment and an initial assessment.

1.

Types and frequency of exposure to domestic violence

• What kinds of things do mum and dad (or their girlfriend or boyfriend) fight about?
• What happens when they argue?
• Do they shout at each other or call each other bad names?
• Does anyone break or smash things when they get angry? Who?
• Do they hit one another? What do they hit with?
• How does the hitting usually start?
• How often do your mum and dad argue or hit?
• Have the police ever come to your home? Why?
• Have you ever seen your mum or dad get hurt? What happened?

2.

Risks posed by the domestic violence

• Have you ever been hit or hurt when mum and dad (or their girlfriend or boyfriend) are fighting?
• Has your brother or sister ever been hit or hurt during a fight?
• What do you do when they start arguing or when someone starts hitting?
• Has either your mum or dad hurt your pet?

3.

Impact of exposure to domestic violence

• Do you think about mum and dad (or their girlfriend or boyfriend) fighting a lot?
• Do you think about it when you are at school, while you're playing, when you're by yourself?
• How does the fighting make you feel?
• Do you ever have trouble sleeping at night? Why? Do you have nightmares? If so, what are they about?
• Why do you think they fight?
• What would you like them to do to make it better?
• Are you afraid to be at home? To leave home?
• What or who makes you afraid?
• Do you think it's okay to hit when you're angry? When is it okay to hit someone?
• How would you describe your mum? How would you describe your dad? (or their girlfriend or boyfriend)

4.

Protective factors

• What do you do when mum and dad (or their girlfriend or boyfriend) are fighting?
• If the child has difficulty responding to an open-ended question, the worker can ask if the child has:
  • Stayed in the room
  • Left or hidden his/herself
  • Gone for help
  • Gone to an older sibling
  • Asked their parents / the girlfriend or boyfriend to stop
  • Tried to stop the fighting
• Have you ever called the police when your parents (or their girlfriend or boyfriend) are fighting?
• Have you ever talked to anyone about your parents (or their girlfriend or boyfriend) fighting?
• Is there an adult you can talk to about what's happening at home?
• What makes you feel better when you think about your parents (or their girlfriend or boyfriend) fighting?
• Does anybody else know about the fighting?
• Do you have a mobile telephone that you could use in an emergency?

Multi-agency risk assessment conferencing (MARAC)

The risk assessment has three main objectives:

• To gather detailed and relevant information from victims, which can be shared with other agencies;
• To identify those who will need more intensive support;
• To make agencies aware of the most dangerous offenders.

To hold a MARAC requires, at a minimum, that:

• Police identify the very high-risk victims;
• Police circulate the details of these victims and their children to participating agencies (the MARAC 'list');
• Police pull the files for these victims and bring them to the meeting;
• Minutes of the MARAC meeting are taken (currently by police, formerly probation);
• Minutes of the MARAC meeting are circulated to participating agencies.

Additionally, it is expected that:

• All participating agencies check the MARAC list against their own agency's records, in order to collate all the evidence available for the mother, abuser and child/ren;
• Some agencies, such as the Women's Safety Unit, should also bring relevant files to the meeting;
• Representatives should take notes at the MARAC, in order to delegate actions to workers;
• Actions agreed at the MARAC should be progressed;
• Individual records held at agencies should be updated.

1.

Civil action

1.1

Family Law Act 1996 Part IV

1.2

Non-molestation orders / injunctions

1.3

Occupation orders

Anyone who is a person who is associated with the respondent may apply for an order and an application may be made on behalf of a relevant child. Associated persons are people who:

• Are or have been married;
• Are or have been civil partners;
• Are or have been co-habitees;
• Have lived in the same household (other than one of them being the other's tenant, lodger, boarder or employee);
• Have agreed to marry;
• In relation to a child, they are both parents or have Parental Responsibility.

This list is not exhaustive.

1.4

Power of arrest

1.5

Court procedure and privacy

1.6

Standard of proof

1.7

Housing Acts 1985 and 1996

Under Ground 1 Schedule 2 of the Housing Act 1985, a possession order can be granted where an obligation of the tenancy has been broken or not performed. Tenancy agreements should have a clause such as the following, which can be used in relation to domestic violence:

'you or any member of your family must not use or threaten to use violence by using physical, mental, emotional or sexual abuse against anyone legally entitled to live either in your home or in another of our properties' (Note: City West Homes Tenancy Agreement)

2.

Criminal action

To prevent the person in question: -

1. causing physical injury to himself or any other person;
2. suffering physical injury;
3. causing loss of or damage to property;
4. committing an offence against public decency; or
5. causing an unlawful obstruction of the highway;

When considering the need to arrest, the officer should take the following into account;

• The situation of the victim;
• The nature of the offence;
• The circumstances of the offender; and
• The needs of the investigation.

Offences Against the Person Act, 1861

Section 47

Section 20

Section 18

Unintentional GBH or wounding

GBH with intent

Protection from Harassment Act, 1997

Section 2 / 4

Public Order Act, 1986

Section 3

Offences Against the Person Act, 1861

Section 21

Section 23

Attempted choking, strangulation, and suffocation with intent to commit an indictable offence.

Administer poisonous / noxious substances with intent to endanger life.

Kidnap, unlawful imprisonment

Breach of the peace

Criminal Law Act, 1977

Section 6

Criminal Justice and Public Order Act, 1994

Section 51

Civil Law Court Order

Section 7 Bail Act, 1976

Offences Against the Person

Section 16

Once charged and at court there are numerous orders that can be applied for post sentence (NB. some can be applied for as stand alone orders, though the process is more difficult) to manage the future behaviour of an offender. These include:

• ASBOs: Anti-Social Behaviour Orders, as long as perpetrator and victim do not live in the same household.
• Restraining Orders can be applied for on successful conviction of Protection of Harassment Act offences.
• Sexual Offences Protection Orders (SOPOs). These are similar to ASBOs and can be imposed to prevent serious sexual harm. Officers need to liaise with the CPS and remind the Court of its power to impose SOPOs on conviction for specified sexual or violent offences (Sexual Offences Act 2003, Schedules 3 and 5) where the offender poses a risk of serious sexual harm. NB. Committing an Offence W/I to Commit a Sexual Offence (s.62 SOA 2003) means the offender will have to register on the sex offences register (formally known as 'the notification requirements'). It should be noted that these Orders cannot be applied for by police on conviction, but can be imposed by the Courts. The IO should liaise with the MPS' Jigsaw Team to determine what restrictions would be helpful. A SOPO cannot require an offender to do anything; it can only restrict certain conduct.
• RoSHOs Risk of Sexual Harm Orders. There is no need for any conviction. These are for only for persons over 18 who are deemed to pose a risk of harm to under-16s. Breaching a RoSHO will result in registration on the sex offences register. Essentially these can be used to tackle 'grooming' behaviour.
• Disqualification Orders (Always Life) (Criminal Justice and Court Services Act 2000). Can be imposed on conviction at Crown Court for offences against children and prohibit any kind of work with children.

3.

Housing options

3.1

The Sanctuary Project

3.2

Refuges

3.3

Staying with family and friends

3.4

Making a homelessness application

3.5

Management transfers

3.6

Out of London

3.7

Homes Scheme

4.

Immigration issues

4.1

Domestic violence and the two year rule

1.

Asking questions

If the man presents with a problem such as drinking, stress or depression, for example, but does not refer to his abusive behaviour, these are useful questions to ask:

• How is this drinking / stress at work / depression affecting how you are with your family?
• When you feel like that what do you do?
• When you feel like that, how do you behave?
• Do you find yourself shouting / smashing things?
• Do you ever feel violent towards a particular person?
• It sounds like you want to make some changes for your benefit and for your partner / children. What choices do you have? What can you do about it? What help would you like to assist you to make these changes?

If a man responds openly to these prompting questions, more direct questions relating to heightened risk factors may be appropriate:

• It sounds like your behaviour can be frightening. What happens when you get angry with your partner or your family? Do you ever shout at her? Have you ever frightened your partner and your children?
• Have you ever hit her or pushed her around? What (specific) violence have you used? When did you first lay a hand on her in anger? What's the worst thing you've done in anger? Have you ever assaulted or threatened your partner with a knife or other weapon? What has been the most recent violence?
• How are the children affected? Have you abused / assaulted your partner in front of the children?
• Have the police ever been called to the house because of your behaviour?
• Do you feel unhappy about your partner seeing friends or family - do you ever try to stop her? Did / has your behaviour changed towards your partner during pregnancy?
• What worries you most about your behaviour? Are you aware of any patterns - is the abuse getting worse or more frequent? How do you think alcohol or drugs affect your behaviour?

The information you gather will be the basis for your decision about how best to engage and what kind of specialist help is required - either for the man or to manage risk.

2.

Responding to disclosures from abusive partners

Practitioners can make a difference and influence a family's situation and a child's well being, by following good practice response guidance, such as: 

• Be clear that abuse is always unacceptable;
• Be clear that abusive behaviour is a choice;
• Affirm any accountability shown by the man;
• Be respectful and empathic but do not collude;
• Be positive, men can change;
• Do not allow your feelings about the man's behaviour to interfere with your provision of a supportive service;
• Be straightforward; avoid jargon;
• Be clear about the judgement of risk to the children and the consequences of this, including what actions he is expected to take;
• Whatever he says, be aware that on some level he is unhappy about his behaviour;
• Be aware, and tell the man, that children are always affected by living with domestic abuse, whether or not they witness it directly;
• Be aware, and convey to the man, that domestic violence is about a range of behaviours, not just physical violence (see definition);
• Do not back him into a corner or expect an early full and honest disclosure about the extent of the abuse;
• Be aware of the barriers to him acknowledging his abuse and seeking help (i.e. shame, fear of child protection process, self-justifying anger);
• Be aware of the likely costs to the man himself of continued abuse and assist him to see these.

3.

Risk management with abusive partners