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Contents

1. Introduction
2. The Child
3. Concerns and Referrals
4. Assessment
5. Additional Risks
6. Links with MARAC 

1. Introduction

The Home Office defines domestic abuse as including “any incident of threatening behaviour, violence or abuse (physical, psychological, sexual, financial or emotional) between adults who are or have been intimate partners or are family members, regardless of gender.”

Early identification and intervention is important to support parenting capacity - see also the Common Assessment Framework Procedure.

Where there is domestic abuse, the wellbeing of children of the wider household must be promoted and all assessments must consider the need to safeguard the children.

In relation to the impact of domestic abuse on children, 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.”  This is now also specifically included in the definition of Emotional Abuse, set out in Working Together to Safeguard Children, 2010.

Forced marriage is a form of domestic abuse.  For detailed guidance on this issue, see Forced Marriage Procedure.

2.  The Child

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, domestic abuse can escalate and can pose a threat to an unborn child as assaults on pregnant women may involve punches or kicks directed at the abdomen, risking injury to both the mother and the foetus, and to premature birth.  It can also result in restricted access to antenatal care. 

Children may be greatly distressed by witnessing and hearing the physical and emotional suffering of a parent. The effects may result in behavioural issues, poor school attendance, ill health, bullying, substance misuse, anxiety, self-harm and anti-social behaviour. 

Children may also suffer injury during episodes of violence, e.g. if they try to intervene to protect a parent.

The impact of domestic abuse is exacerbated when:

• violence is combined with any form of substance misuse;
• children witness the violence;
• children are drawn into the violence; or
• children are 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 living in situation of domestic abuse or conflict are vulnerable and will benefit from a range of support and services; many may be at risk of Significant Harm.

There is also evidence to indicate that parents experiencing domestic abuse are more likely to experience mental health difficulties, e.g. depression and anxiety, and substance misuse.  This in turn can impact on their parenting capacity, attachment to and care of their children.

3.  Concerns and Referrals

A number of agencies can be involved when domestic abuse takes place.  The Police, Ambulance Service, GP and Accident and Emergency Departments are likely to be the first point of contact.

When responding to incidents, the agency in question should always find out if there are any children in the household. The Police should see any children present in the household to assess their immediate safety and ascertain the whereabouts of any child normally resident in the household. 

The Police are required to determine whether any court orders or injunctions are in force in respect of members of the household and whether any children are the subject of a Child Protection Plan.

West Mercia Constabulary will always make a referral to the relevant Children and Young People’s Services Team, when they have attended an incident where a child or children have been exposed to domestic abuse.

The following information should be provided when making a referral:

• Whether the child was present in the home or witnessed the event
• If there is a history of domestic abuse
• How the child presents
• The severity of the abuse
• Whether the incident involved a pregnant woman
• The age and vulnerability of the child
• Whether the child has been injured
• Whether the child has been used as a shield
• Whether there are other children of the household who were not present
• Whether the he child made the original call to the Police
• Concerns about substance misuse, alcohol misuse and mental health
• The extent of the damage to the home/property

4. Assessment

If it appears that a child or children are suffering or likely to suffer Significant Harm, Children and Young People’s Services should undertake an Initial Assessment compiling a chronology of significant events.

In other cases families should always be offered support and/or services which may include advice by letter signposting to other agencies or a Child in Need assessment.

Detailed guidance about assessments can be found in the publication “Children’s Needs – Parenting Capacity – The Impact of Parental Mental Illness, Problem Alcohol and Drug Use, and Domestic Violence on Children’s Development”, issued by the Department of Health. 

Considerations in assessments where domestic abuse may be present include:

• Full history and patterns of domestic abuse
• The nature of the abuse, the level and frequency of abuse and  unpredictability/predictability, fear and intimidation
• Identifying those who are responsible for domestic abuse in order that relevant family law or criminal justice responses may be made
• Whether there may be continued or increased risk of domestic abuse towards the non-abusing parent and/or child after separation especially in connection with post-separation child contact arrangements
• Assessing whether the non-abusing parent is able to prevent the child from being harmed by violence
• Providing the non-abusing parent with full information about their legal rights and the extent and limits of statutory duties and powers
• Assisting the non-abusing parent and children to get protection from abuse and violence by providing practical support and assistance, e.g. signposting to women’s service providers
• Supporting non-abusing parents in making safe choices for themselves and their children
• Working separately with each parent where there is concern that the non-abusing parent cannot speak freely without fear of further abuse

Throughout the assessment process and within any services being provided, the needs of the child must not become overshadowed by the focus on the adults and the range of services being provided must include support and services for the children in the family.

5. Additional Risks

Where a Child Protection Conference is to be held, the Conference Chairperson and the social worker must assess the risks carefully in relation to the participation of the violent or oppressive parent /carer, the non violent parent/carer and the child/ren.

Consideration should also be given to the venue, waiting areas and travel arrangements to and from the conference.  In addition, consideration needs to be given to the contents of reports, minutes of meetings and any other relevant documents which may be disclosed to ensure that any identifying details, e.g. addresses and schools are kept confidential.

All communications that are made, as a part of any plan for the child, whether person to person directly 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-abusing parent/carer.

Care must be taken to assess any potential risks to professionals, carers, foster carers or other staff who are involved in providing services to the family.

If someone intends to collect the child’s belongings from the family home where the abusive parent/partner resides or has access, it should never be the case that one person does so on their own. A risk assessment should be undertaken and Police protection may be required.

6.  Links with MARAC 

Where there are concerns about public protection or high risk to a potential victim, the MAPPA process should be considered.

Information in relation to the MARAC process is currently being developed and will be added when the Manual is updated.

End