DOMESTIC VIOLENCE. Domestic Violence Handbook for service providers in Islington

Transcription

1 DOMESTIC VIOLENCE Domestic Violence Handbook for service providers in Islington

2 To request a copy or to update or correct information, please contact: Domestic Violence Co-ordinator Community Safety Partnerships Unit London Borough of Islington Tel: or dvpt@islington.gov.uk This handbook can be found at: The domestic violence services directory can be found at: The Domestic Violence Project Team gives no warranty as to the accuracy of the information in this handbook and accepts no liability for any loss, damage or inconvenience caused as a result of reliance on such information. Reprinted December 2008 Design:

3 Contents Introduction 3 1 What is domestic violence? 5 2 Disclosing domestic violence 13 3 Immediate action 17 4 Children 19 5 Next steps 27 6 Risk assessment 29 7 Action planning 31 8 Information and support 33 9 When your client is a perpetrator of domestic violence The Independent Domestic Violence Advocacy Service (IDVAS) and the Multi-Agency Risk Assessment Conference (MARAC) Resources for front line workers 57 Directory 59

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5 Introduction INTRODUCTION 3 This handbook, for staff and volunteers who work with survivors of domestic violence in Islington, has been revised to reflect the changes in policy and practice at local level. It has been funded by Islington s Domestic Violence Project Team (DVPT) - a multi-agency forum made up of statutory and voluntary agencies. The Islington Domestic Violence Strategy sets out a range of measures to reduce domestic violence so that children, women and men do not suffer as a consequence and, where domestic violence does occur, to improve our response to both survivors and their children and to perpetrators. An improved response to survivors of domestic violence means: Creating a culture where disclosure of abuse is actively sought by those working with individuals and families Clear guidance for professionals on how to respond appropriately to disclosure of abuse A co-ordinated response from relevant agencies in order to effectively support the survivor to enhance her safety, particularly where there is high risk of serious harm. Many agencies within the borough have developed policies and protocols to enable those affected by domestic violence to seek help. This handbook should be used in conjunction with those policies and protocols where they exist. For further information contact your service head or the Domestic Violence Co-ordinator.

6 INTRODUCTION 4 The flow chart that accompanies this handbook sets out the steps that professionals should take when a client discloses domestic violence. In the majority of cases it is the survivor who will seek help and this handbook focuses on her support and safety needs and those of any children in the household. However, perpetrators of domestic violence should also be encouraged to disclose their abusive behaviour and Section 9 looks at how you might appropriately respond. Even though much domestic abuse occurs within the privacy of personal relationships, it cannot be considered a private issue. Tackling domestic violence effectively requires a multi-agency approach, so that everybody plays their part in helping survivors and children create safer lives for themselves. The DVPT is grateful to all the agencies and individuals that have contributed to the compilation of this guide. Louise Round Chair of the Islington Domestic Violence Project Team Director of Corporate Resources March 2007 Contacts: Domestic Violence Project Team

7 What is domestic violence? 1 What is domestic violence? 1Domestic violence, or domestic abuse, is a pattern of behaviour characterised by the exercise of control by one person over another, within the context of an intimate or family relationship. It is manifested in a variety of ways including, physical, sexual, emotional and financial abuse and enforced social isolation. Most commonly domestic violence is a combination of types of abuse. It tends to be ongoing, repeated and likely to escalate in severity. Domestic violence is primarily a gender-based crime, consisting of violence by men against women in the overwhelming majority of cases. However, domestic violence occurs in same sex relationships and heterosexual men are also abused by their partners or other family members. Domestic violence severely impacts upon children and young people as witnesses to the abuse, denying them a safe and secure home life. Domestic violence is deeply rooted and widespread, affecting as many as one in nine households at any given time. It affects women, children and men from all social, geographic and cultural groups. People from every class, age, race and religion are abused, as are people with disabilities. 5 The Government s agreed core definition of domestic violence is: 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, 1 regardless of gender or sexuality. 1 Family members are defined as mother, father, son, daughter, brother, sister, and grandparents, whether directly related, in-laws or stepfamily.

8 1 What is domestic violence? 6 The Domestic Violence Project Team (DVPT) has adopted this definition for the purposes of monitoring domestic violence. Agencies may use a wider definition for their own operational purposes but should monitor and evaluate their domestic violence work to this definition. Individual agencies are not required to extend their services to include non-intimate partner violence if this is not in their remit. Why is the main focus on women s needs and not men s? Throughout this guide, we tend to refer primarily to women as the survivors, as this tends to be the case in most circumstances. The majority of domestic violence cases are committed by men against women. Women are also more likely to experience repeat incidents of abuse, suffer fear or injury after an attack, and they are, in general, the lead carers at home so abuse against them affects their children. However, much of the guidance in this handbook can be applied to male survivors, who deserve the same respect and support when they turn to us for help. For information on how domestic violence affects the lesbian, gay, bisexual and transgender (LGBT) community (see page 11). Asking about domestic violence While there is no single criminal offence of domestic violence, there are several categories within the law that constitute a criminal offence that may be defined as domestic violence. Not all forms of domestic violence are illegal, such as some forms of emotional violence. However, these types of violence can also have a serious and lasting impact on a survivor or child s well-being and autonomy. Criminal offences include: assault, threat to kill, wounding, harassment, putting people in fear of violence, rape and sexual assault. Domestic violence includes: Physical Shaking, smacking, punching, kicking, presence of finger or bite marks, starving, tying up, stabbing, suffocation, throwing things, using objects such as weapons, female genital mutilation, honour violence. Sexual Forced sex, forced prostitution, ignoring religious prohibitions about sex, refusal to practice safe sex, sexual insults, deliberate transmission of sexually transmitted diseases, preventing breastfeeding.

9 Psychological Intimidation, insulting, isolating a woman from friends and family, criticising, denying the abuse, treating her as an inferior, threatening to harm children or take them away, forced marriage. Financial Not letting a woman work, undermining efforts to find work or study, refusing to give money, asking for an explanation of how every penny is spent, making her beg for money, gambling, not paying bills. Emotional Swearing, undermining confidence, making racist remarks, making a woman feel unattractive, calling her stupid or useless, eroding her independence. 1 What is domestic violence? Domestic violence: statistics 7 Domestic violence accounts for 16% of all violent crime (Home Office, 2004/05) Domestic violence is the largest cause of death worldwide in women aged 19-44, greater than war, cancer or motor vehicle accidents (Home Office) around 25% of women experience domestic violence at least once during their adult lives and more than one-tenth have suffered sexual violence involving the use of force (Council of Europe, 2006) In any given year, 13% of women and 7% of men are subject to domestic violence including abuse, threats or force, sexual victimisation or stalking (British Crime Survey, 2004) Repeat victimisation is common - 89% of those suffering four or more incidents are women (Walby and Allen, 2004) Police receive one call a minute about domestic violence. This amounts to an estimated 570,000 calls each year (Stanko, 2000). Under-reported - only 40.2% of actual domestic violence crime is reported to the police (Dodd et al, 2004) Women face double the risk of domestic violence if there are children in the household (Walby and Allen, 2004) 76% of domestic violence murders in London occurred after the victim had ended the relationship (Metropolitan Police Service 2003) A study of 200 women s experiences of domestic violence commissioned by Women s Aid, Routes to Safety, found that 60% of the women had left because they feared that they or their children would be killed by the perpetrator (Humphreys and Thiara, 2002) The single most quoted reason for becoming homeless is domestic violence (Shelter, 2002).

10 1 What is domestic violence? 8 Local statistics In , 3365 incidents of domestic violence were reported to Islington Police From December 2004 to November 2005, domestic violence accounted for 91 cases (19%) where the local authority had a duty to re-house The Home Shelter Scheme (see page 37) provided security adaptations to the homes of over 23 women affected by domestic violence in the year 2006/7 Homes for Islington agreed management transfers for 12 tenants on the basis of domestic violence in 2005/6 (and one for sexual violence). This accounts for 37% of all management transfers Research in the borough has shown that the age group most likely to report domestic violence incidents are in the year range (49% of police reports and 80% of Islington Women s Aid referrals). This is the age group most likely to be living with children between the ages of 0-15 years old Children and Families Assessment Service recorded 664 referrals because of domestic violence from January to August Diversity Issues Black and ethnic minority women Women from all backgrounds experience domestic violence. Practitioners need some basic cultural awareness of the communities in which they work and should be careful not to stereotype women. Women from BME groups often face racism in their daily lives. This can actually be a reason for women to stay with their abusers because they fear they will not receive a sensitive or supportive service from statutory and voluntary agencies. Women from other cultures may fear bringing shame to their family if they leave their abusive partner. Women with unsure immigration status may fear deportation and should be guided to seek specialist advice as soon as possible (see page 43).

11 CONTACTS Akina Mama Wa Afrika Al-Aman Ashiana Network Black Association of Women Step Out (BAWSO) Chinese Information and Advice Centre IMECE Turkish Speaking Women s Group IMKAAN Iranian and Kurdish Women s Rights Organisation Islington African Women s Project Jewish Women s Aid Kiran Asian Women s Aid Latin American Women s Aid Latin American Women s Rights Service Newham Asian Women s Project South London African Women s Organisation Southall Black Sisters Turkish Cypriot Women s Project 1 What is domestic violence? 9 Language barriers Wherever possible, service providers should provide information in local community languages. Practitioners should ensure that any interpreters used are reliable and sensitive, and children should never be used as interpreters. When referring clients to other services, practitioners should ensure that the agency is aware of the client s language needs. Contacts: Language Line

12 1 What is domestic violence? 10 Forced marriages A forced marriage - where one or both parties have been coerced into a marriage against their will and under duress - is a form of domestic violence. Duress includes both physical and emotional pressure. Forced marriage is distinct from an arranged marriage, where both parties give their full and free consent. The Government takes forced marriage very seriously. The Home Office with the Foreign and Commonwealth Office run a Forced Marriage Unit providing advice and information, and can intervene if necessary. Contacts: Forced Marriage Unit Disabled women Women with disabilities are particularly vulnerable to abuse and violence. Sometimes the abusing partner is the principal carer and the survivor may feel the abuser has complete control over her. Disabled women may fear losing their children They may fear becoming isolated in the home They may fear being placed in institutional accommodation Women with learning disabilities may have difficulties communicating their situation Many disabled women fear that a non-disabled person will not be able to empathise with them. When referring women with disabilities to other agencies, practitioners should find out about accessibility. Contacts: Beverley Lewis House Disability Rights Commission Information and Access Service Respond Voice UK

13 Older women Sometimes women have experienced domestic violence for many years. They may be embarrassed to admit they have lived with violence for so long They may also have experienced abuse at the hands of their adult children, family members or carers and do not know who to trust They may be dependent on the abuser for personal care Ill health or a disability may prevent her from leaving the abusive situation. The Information and Access Service in Islington provides the first point of contact for members of the public and professionals concerned that a vulnerable adult is experiencing abuse or neglect. 1 What is domestic violence? 11 Contacts: Action on Elder Abuse Information and Access Service Domestic violence in the LGBT community It is estimated that one in four lesbian, gay, bisexual and transgender (LGBT) people have experienced domestic violence in their relationship. (Donovan, Hester, Holmes and McCarry, 2006). The 2005 Revealing Islington Lesbian Gay Bisexual and Transgender Survey found that 29% of women and 26% of men had experienced domestic violence from a same-sex partner or ex-partner. Of those who had experienced domestic violence, 31% of women and 39% of men had experienced domestic violence on more than one occasion from one partner. LGBT survivors may experience abuse from: Same sex partners or ex-partners Opposite sex partners or ex-partners Other family members. In gay or lesbian relationships, the survivor is less likely to contact the police about a violent incident. They may fear: Losing their children Facing negative assumptions about their sexuality Not being believed, particularly if the abuser is a woman.

14 1 What is domestic violence? 12 Broken Rainbow is a national specialist domestic violence service for LGBT survivors. The Independent Domestic Violence Advocacy Service (IDVAS) and Islington Victim Support can offer help and support to LGBT survivors in Islington. Lesbians, bisexual and transgender women can access the same services as those offered to heterosexual women through Women s Aid and other voluntary organisations providing services to women. Contacts: Broken Rainbow East London Out Project London Lesbian and Gay Switchboard Male survivors Men can also be victims of domestic violence at the hands of both female and male partners, adult children, siblings and carers. Many men may feel embarrassed or ashamed about the abuse they are experiencing, as it does not fit common masculine stereotypes. This may make it difficult for them to disclose the violence and seek appropriate help. Men experiencing domestic violence have the same legal and housing rights as women. Islington has a number of services which men can access including the Independent Domestic Violence Advocacy Service and Islington Victim Support. Contacts: Men s Advice Line and Enquiries

15 Disclosing domestic violence 2 Disclosing Domestic Violence 2Seeking help is a big step and probably very daunting. Your response may be crucial in helping the survivor to make important decisions about her future safety. 13 Good practice guidance - when a client discloses domestic violence Take her seriously it is crucial that the woman feels believed when she does decide to seek help. Reassure her that it is not her fault. Prioritise her immediate safety recognise that her situation may be life threatening. Provide a safe and private space to talk. Be sensitive to her needs if possible, provide a female worker to work with the survivor. Let her know that she is not alone in her experience isolation is a common form of abuse. Maintain confidentiality do not disclose information about a woman or her whereabouts unless legally required to do so. Information about clients should be shared with other professionals and colleagues on a need to know basis if, for example, there are any child protection concerns or you are working with other agencies to support her. Do not ask why she did not leave earlier there are many reasons why women do not leave abusive relationships. Do not ask what caused the violence this will make her feel it was her fault. Do not make decisions for her or pressure her to make a decision.

16 2 Disclosing Domestic Violence 14 Asking about domestic violence Many survivors of violence have said they wished somebody had asked them about their situation or raised the subject of abuse. Indicators of abuse: Injuries which are inconsistent with the explanation given Multiple injuries, for example, burns or bruises Minimising the extent of injuries or trying to conceal them Appearing frightened, excessively anxious, or depressed Always accompanied by her partner in whose presence she appears passive or frightened Possessive or domineering partner Frequent appointments for vague complaints or symptoms Missed appointments History of repeated miscarriage, termination of pregnancy, still birth or pre-term labour. When is the right time to ask? Women should be seen alone (or only accompanied by infants) when asking about domestic violence. It can put a woman at greater risk of further abuse if she is asked in the presence of her partner, other family members or children. How should I ask? Create an opportunity to talk to her alone Make sure that you feel comfortable about asking about domestic violence - don t send her a message that she should feel embarrassed or ashamed about abuse Open-ended questions may help to put her at ease but should, ideally, be followed by a direct question. Open-ended questions examples: Is everything ok at home? Are you getting the support you need at home? Do you get on well with your partner?

17 Direct questions examples: Do you ever feel frightened of your partner or other people at home? Have you ever been punched or kicked by your current partner? What if my client doesn t speak English? Where language barriers exist, advocates or qualified interpreters should be used. Under no circumstances should children, relatives or friends be used as interpreters. 2 Disclosing Domestic Violence 15

18 2 Disclosing Domestic Violence 16

19 3Immediate action 3 IMMEDIATE ACTION 17 If your client is in immediate danger: In an emergency dial 999 At other times, contact Islington Police. The police can arrange medical assistance, transport and emergency safe accommodation as well as investigating the crime (see page 41). Arranging emergency accommodation: Any of Islington s specialist domestic violence service providers can help to find refuge accommodation for women experiencing or at risk of domestic violence The Housing Aid Centre may have a duty to assist in finding emergency or temporary accommodation Where children are involved, Islington Children s Services Assessment Team can help locate emergency accommodation 24 hour national helplines can assist in finding refuge accommodation: 24 hour National Domestic Violence Helpline and Shelterline Medical assistance: In an emergency dial 999 Accident and Emergency Departments: The Whittington Hospital, Highgate Hill, London, N19 5NF University College Hospital, 235 Euston Road, London, NW1 2BU Sexual Assault Referral Centres (The Havens) provide medical help and advice for people who have been raped or sexually assaulted.

20 3 IMMEDIATE ACTION 18 CONTACTS 24 hour National Domestic Violence Helpline Children s Services Information and Advice Desk Community Safety Unit Housing Aid Centre IMECE Turkish Speaking Women s Group Independent Domestic Violence Advocacy Service Islington Victim Support Latin American Women s Aid Sexual Assault Referral Centres Shelterline Solace Women s Aid

21 4Children 4 Children 19 At least 750,000 children a year witness domestic violence. Nearly three quarters of children on the at risk register live in households where domestic violence occurs (Department of Health, 2002) In relationships where there is domestic violence, children witness about three-quarters of the abusive incidents. About half the children in such families have themselves been badly hit or beaten. Sexual and emotional abuse is also more likely to happen in these families (Royal College of Psychiatrists, 2004). The emotional turmoil survivors experience is often compounded when children are involved. Perpetrators may use the children and their safety as a tool of coercion, threatening the woman that if she leaves or tells anyone about the abuse that her children will be taken away by the authorities. This is rarely the case and practitioners should seek to reassure survivors of this. Women, who are thinking of leaving an abusive relationship and want their children to live with them, should be encouraged and supported to take their children with them when they leave. The majority of children witness the violence that is occurring and, in about half of all cases, are being directly abused themselves. Anyone who has concerns about a child should follow their child protection procedures and contact the Children s Services Information and Advice Desk. Children can witness domestic violence in a variety of ways. For example, they may be in the same room and may even get caught in the middle of an incident in an effort to make the violence stop; they may be in the room next door and hear the abuse or see their mother s physical injuries. All children witnessing domestic violence are being emotionally abused.

22 4 Children 20 Domestic violence can affect different children in different ways. Some children think they are to blame for the violence, or feel insecure, alone and frightened. They may feel isolated or embarrassed in front of their friends. Some may show resentment towards their mothers (as survivors). CONTACTS Child Protection Team Childline Children s Directory Children s Information Service Children s Services Information and Advice Desk Gingerbread for Lone Parents Hideout Home Safe Islington Children s Support Service NSPCC Runaway Helpline Solace Women s Aid Women and Girls Network Young Person s Support Project Child Protection Most agencies have staff specially trained in child protection issues who are able to decide upon the necessity for a referral. If not, contact the Children s Services Information and Advice Desk if you are concerned about a child. Where the survivor recognises that her child may be at risk of experiencing abuse or neglect, or where she feels she needs support to protect her child, she may self-refer by contacting the Children s Services Information and Advice Desk directly. CONTACTS Children s Services Information and Advice Desk

23 The Children s Services Assessment Team A child is entitled to an assessment if he or she appears to be in need, or at risk of harm. This will be carried out by a social worker from the Children s Services Assessment Team. An assessment aims to identify any needs and consequently the children and the family may be offered a service. The team will aim to complete an initial assessment within seven working days. This will lead to referral for services, a further period of assessment or no further action. To contact the team, first phone the Children s Services Information and Advice Desk. You will speak to an information and advice officer who will advise you of services that might be able to help and whether an appointment/drop-in visit is necessary. 4 Children 21 CONTACTS Children s Services Information and Advice Desk Islington Police Child Protection Team This specialist police unit deals with the investigation of crimes against children. Reports to the team can be made anonymously. CONTACTS Child Protection Team Children s Services and children There is a common myth that Children s Services will automatically place children in care if they come from a home where domestic violence is occurring. This is very rare. Social workers are trained to support parents and carers in looking after their children. The Family Law Act 1996 actually permits local authorities to remove the perpetrator from the home where domestic violence is taking place.

24 4 Children 22 Children s Services can help in a number of ways including: Providing information on and referral to specialist domestic violence support services Providing advice and support to the survivor, perpetrator and the children If a child is judged to be in high-need, the family will be allocated a social worker who will arrange an assessment, visit the family and, depending on the outcome of the assessment, provide task-centred support Arranging a Child Protection Case Conference to decide if the child s name should be placed on the Child Protection Register or not. The conference will then devise a Child Protection or Child in Need Care Plan to ensure the continued safety and well being of the child If the child is subject to contact disputes, Children s Services may be asked by the court to write supporting statements about what has happened for any criminal and/or civil court proceedings (e.g. if the court needs information to verify that domestic violence took place). The Children Act 1989 The principles and aims of the Act include the following: Children s welfare is paramount Children are best brought up within their families wherever possible The use of the no order principle directing local authorities not to become involved unless it is a Child in Need or a Child Protection matter The Children Act (1989) and Domestic Violence Section 120 of the Adoption and Children Act 2002 extended the legal definition of harming children to include harm suffered by seeing or hearing ill treatment of others, especially in the home. This means Children s Services have a duty to assess the impact of domestic violence on the child. It also means the courts will need to know whether domestic violence has occurred before considering any contact. If the court is satisfied that domestic violence has taken place but still orders contact between the parent and child, it will have to explain its reasons why.

25 The Children Act - rights and court orders There are a number of issues and court orders covered by the Children Act 1989: Parental responsibility - all mothers automatically have this. All birth fathers married to the mother have this and a father named on the birth certificate for a child born after 2003 also has equal parental responsibility along with the mother Residence orders - these state who a child will live with Contact orders - these relate to contact between the non-resident parent and other significant persons (e.g. grandparents and siblings), and the child. The mother can ask the court to stipulate that any contact is supervised Supervised contact orders - which stipulate that contact must be supervised Prohibited Steps orders - which prohibit those named in the order from taking certain actions with the child, such as taking them abroad or having unsupervised contact with the child. 4 Children 23 Every Child Matters and the Children Act 2004 In 2003, the Government published a green paper called Every Child Matters. which informed much of the subsequent Children Act Although this Act does not specifically mention domestic violence, it does provide the legislative basis for developing more effective and accessible services focused around the needs of children, young people and families. In short, Every Child Matters is about promoting and safeguarding the well-being of children and young people from birth to age 19. Over the next few years, every local authority will be working with partner agencies, through Children s Trusts (developed between in all areas), to find out what works best for children and young people in its area and act accordingly. Further information is available at

26 4 Children Domestic Violence, Crime and Victims Act 2004 This Act has created a new offence in respect of child deaths - of causing or allowing the death of a child or vulnerable adult. A person is guilty of such an offence if the child or vulnerable adult dies as a result of an unlawful act and the defendant either was or should have been aware of the risk and failed to take steps to protect them. All members of the household (subject to age and mental capacity) are liable for the offence. The victim in this new offence must have been at risk of serious physical harm, demonstrated by a history of violence towards them or another person in the household. 24 Children in refuges Most refuges now offer a variety of children s services including onsite play activities and information on suitable schools. If the survivor is offered a choice of which refuge to go to, you should try to find out which refuges offer these services. CONTACTS 24 Hour National Domestic Violence Helpline Immigration When children have come from abroad to join their father and the mother leaves due to domestic violence, their immigration status may need to be clarified. Practitioners should advise women not to be dissuaded from leaving a violent home because of fears over her children s status in this country. Specialist guidance should be sought from an adviser approved by the Office of the Immigration Service Commissioner. CONTACTS No Recourse to Public Funds Team Office of the Immigration Service Commissioner

27 Abduction Some women who leave an abusive relationship fear their children may be abducted by the perpetrator. Practitioners can suggest a few simple precautionary measures: Keep the child s documents (e.g. passport, birth certificate or medical card) in a safe place If the child does not have a passport, the mother can lodge an objection to the child being taken abroad with the passport office. However, the office will require a copy of the Residency or Prohibited Steps order preventing the child from being taken abroad (see page 23) Keep all court orders/copies in a safe place Keep recent photos and written descriptions of the child and the father Do not agree to the father taking the child abroad for a holiday Inform teachers not to hand the child over to the father, his relatives or friends. 4 Children 25 CONTACTS Reunite

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29 5Next Steps 5 Next Steps 27 Once you are aware that your client is experiencing domestic violence and you have helped her to respond to any immediate danger, you should consider further support needed. If you have the training and support to work through a risk assessment and action plan with her, arrange a suitable time and place to do this. Sections 6 and 7 set out guidance for conducting risk assessments and action planning. Section 8 provides information about her options in respect of housing, law and financial assistance. If you are unable to conduct a risk assessment with her, make a referral to the Independent Domestic Violence Advocacy Service (IDVAS) or another specialist domestic violence service with her permission. If you are seriously concerned about her safety, you can make a referral to the IDVAS or Multi-Agency Risk Assessment Case Conference (MARAC) without her consent (see section 10). Discuss this with your line manager and the IDVAS before making the decision. If you would like further training on risk assessments and action planning please refer to Section 11.

30 5 Next Steps 28 CONTACTS (See also contacts on pages 8-12) 24 Hour National Domestic Violence Helpline Independent Domestic Violence Advocacy Service Islington Victim Support Maya Centre Refuge Solace Women s Aid Woman s Trust Women s Aid Federation Women s Alcohol Centre Women s Therapy Centre

31 6Risk Assessment 6 Risk Assessment 29 Risk assessments are a key tool in addressing violence against women. Their purpose is to make women and children safer by making an informed judgement about the likelihood that she will be further abused by the alleged perpetrator. It does this by examining risk indicators developed from good practice around the world. A risk assessment is a useful exercise to undergo with your client for several reasons. It: Provides her with an opportunity to talk through the abuse she is experiencing and consider the impact that this is having on both herself and her children Provides a written record of the abuse which she may wish to refer to in the future if she has dealings with, for example, housing, legal or immigration services Informs the action plan. The list below sets out the risk assessment model used by the IDVAS, the MARAC and the Primary Care Trust in Islington. Copies of the risk assessment form can be downloaded from:

32 6 Risk Assessment 30 Part 1 - asks the survivors for her own views of the risk she faces: Risk of injury - do you think that he/she will seriously injure you or the children? What makes you think that? (if not, why not?) Severe incident - when were you most frightened or injured by him/her? Are things getting worse? - describe the pattern of abuse (frequency, type, severity, escalation) Sense of danger - how dangerous do you think your abuser is now? Part 2 - uses a checklist of common indicators of risk, known as SPECSS+ (Richards, 2004; Richards, 2003): Separation - has the survivor recently left or does she/he plan to leave the perpetrator? Any child contact issues with the perpetrator? Pregnancy - is the woman pregnant now or has she given birth in the last six weeks? Escalation - is the abuse getting worse or happening more often? Cultural issues/sensitivity/isolation - are there any issues that need further investigation or support for the client? Stalking - is she/he being harassed or threatened by anyone, particularly a former partner? (includes texting) Sexual assault - has she/he reported sexual assault as part of the abuse? Can you ask? Other current risk factors Perpetrator has: Suicidal thoughts Homicidal thoughts Made threats to kill client or other family member(s) Access to weapons Breached court/probation order History of assaults Denies evidenced abuse An alcohol problem A drug problem Frightening mood swings Mental health problems Abuses children or family pets. Once the form is completed, you will then be asked to assess the risk of further harm as High, Medium and Standard, based on the number and severity of risk factors identified and your professional opinion.

33 7Action Planning 7 Action Planning 31 The risk assessment should be used as a tool to inform an action plan for your client. This should address: What protective actions, if any, need to be taken now? What longer term actions need to be considered? Which agencies can offer assistance and should be identified in the action plan? Section 8 provides information about housing, legal and financial options available to her. Page 8 (Diversity Issues) and page 49 (Drugs and Alcohol) may also provide guidance. The needs of children must also be considered (see section 4). The directory of services in section 12 will help you and your client to identify organisations that can support her safety plan. The IDVAS can provide additional guidance and information (see section 10).

34 7 Action Planning 32 If your client is still in contact with the perpetrator or intends to return to him, you can help her draw up a crisis or safety plan in the event of any further abuse. This can include: Keeping a list of emergency contact numbers with her - relatives, friends, local police, National Domestic Violence Helpline Teaching her children to call 999 in an emergency Identifying if there are neighbours she can trust, where could she go in an emergency. If so, tell them what is going on, and ask them to call the police if they hear sounds of a violent attack Rehearsing an escape plan Packing an emergency bag and hiding it somewhere safe (for example, at a neighbour s or friend s house). This should include: Legal and financial papers, marriage and birth certificates, court orders, national health cards, passports, driving licence, child credit books, address book, bank books, cheque books, credit cards Keys, money and a set of clothes Prescribed medication Copies of documents relating to housing tenure, insurance documents,national insurance number Address book, small items of sentimental value, children s toys. Keeping with her a small amount of money at all times for the phone and bus fares Keeping her mobile phone with her Planning to go to a lower risk area of the house if she suspects that her partner is about to attack her, for example, where there is a way out and access to a telephone.

35 8Information and Support 8 Information and Support 33 Housing Many survivors fear the prospect of homelessness just as much as the violence itself. It is important that survivors are aware of the range of housing options open to them and where they can get specialist advice. In general, the following options are available: Staying temporarily with a friend or relative Going to a women s refuge Applying to the council as homeless and in need of re-housing Remaining in the home or returning to the home with protection Looking for privately rented accommodation or buying Applying directly to housing associations Applying for a transfer or exchange if she is a council or housing association tenant. Homes for Islington tenants should contact their Area Housing Office. For all enquiries regarding homelessness, emergency housing, Home Shelter Scheme, housing advice and waiting lists, contact the Housing Aid Centre. NB: The Dogs Trust Freedom Project can temporarily look after cats or dogs while survivors are in temporary accommodation. CONTACTS Dogs Trust Homes for Islington Housing Aid Centre Islington Law Centre

36 8 Information and Support Staying with a friend or relative Deciding whether this is a suitable option will depend on: The level of emotional and practical support a friend or relative can provide Whether the family may put additional pressure on the woman to stay in the relationship and make it work Whether the perpetrator knows these addresses and is likely to intimidate or attack her or the people she is staying with. 34 Going to a women s refuge A refuge is temporary accommodation for women with or without children, who have experienced domestic violence. Most refuges have an upper age limit for boys, usually 12 or 14 years of age. The address and location of refuges are kept confidential in order to protect survivors. For safety reasons, women will not usually be offered a refuge place in the borough they are fleeing. Different organisations run refuges and there are a variety of types of accommodation. The majority of refuges are now able to provide some level of children s service. There are some specialist refuges for African Caribbean women, Asian women, Latin American women and other ethnic minority and faith groups, around the country. There are also refuges for women with mental health problems and learning difficulties. There are no dedicated refuges for women with physical disabilities but many of the mainstream refuges are accessible. Refuges usually claim housing benefit for the woman to cover her weekly rent and expect her to pay a personal charge, which most women are able to pay from any benefits they are claiming. Women who are working and are therefore not eligible for public funding have to pay these costs from their own earnings. There are a few refuges that will accept women with no recourse to public funds. Under the Children Act 1989, social services (now Children s Services in Islington s case), have a duty to support children in need and can provide funding and accommodation on this basis. Women can refer themselves to a refuge by calling the 24 hour National Domestic Violence Helpline. Housing offices, the police and other agencies can also refer. CONTACTS 24 Hour National Domestic Violence Helpline

37 Homelessness Under the Housing Act 1996 and the Homelessness Act 2002 if a person flees their home permanently or temporarily because of domestic violence, the local authority has a duty to provide them with temporary accommodation while deciding whether they are in priority need for further housing assistance. A person is considered to be in priority need if they are vulnerable because domestic violence has occurred. The Housing Act 1996, as amended by the Homelessness Act 2002, states that: It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence or other violence. Survivors can approach any local authority for housing but for many survivors it would be unsafe to remain in the area where they were experiencing domestic violence. Practitioners should advise clients to think carefully about the practicalities involved in living in a particular area, for example whether it will meet the long term social, cultural and educational needs of any children involved. Any woman who feels it is unsafe for her to remain in her home due to domestic violence can approach any Homeless Persons Unit. In Islington, this is the Housing Aid Centre. Applicants do not need to show an actual history of violence when submitting a homelessness application - an authority should only consider whether it is probable that continued occupation of the property would lead to violence or the threat of violence. Intentionally homeless - A person is intentionally homeless if their homelessness has resulted from their behaviour, such as choosing to leave a home, giving up a tenancy, or being evicted from a property. Those who are fleeing domestic violence should not be considered intentionally homeless, and any council decision to treat a woman as such should be challenged. Anyone facing such a decision should immediately seek further assistance, as there is a strict deadline for appealing against such decisions. Priority need for accommodation is given to those who are pregnant, have dependent children, are vulnerable (usually due to disability, ill health or old age), or threatened with homelessness because of an emergency. The Homelessness Order 2002 introduced new categories of people to be considered in priority need. Crucially, this now includes a person who is vulnerable as a result of ceasing to occupy accommodation by reason of violence from another person, or threats of violence that are likely to be carried out. 8 DISCLOSURE (SECOND LINE) 35

38 8 Information and Support Eligibility Any woman subject to immigration control should seek specialist advice from an adviser approved by the Office of the Immigration Service Commissioner. Further information The Department for Communities and Local Government published the Homelessness Code of Guidance for Local Authorities in July To download a copy go to: 36 CONTACTS Housing Aid Centre Resource Information Service Shelterline Remaining in the home or returning to the home with protection Under the Family Law Act 1996, women can apply to the courts to have the perpetrator removed from their present home. This is called an Occupation Order (see page 38). The Act can also allow the courts to transfer tenancies between spouses, former spouses, cohabitants and former cohabitants. Homes for Islington (HfI) can evict a tenant who is convicted of domestic violence. HfI can take action when either the survivor or perpetrator (or both) was the tenant and the survivor left because of domestic violence and is unlikely to return. If the perpetrator has no legal claim on the property, survivors may change the locks and take any other security measures to prevent the perpetrator from re-entering the property. The Home Shelter Scheme can assist with this (see page 37). Another alternative is to seek an injunction (court order) known as a Non-Molestation Order. This forbids the perpetrator from interfering with the victim (see page 38). If getting divorced, jointly-owned property will be sorted out as part of the divorce settlement. However, alternative arrangements may need to be made in the meantime. Where the survivor is neither married nor in a civil partnership with their abuser and neither owns nor rents the home, they would have to apply for an Occupation Order if they wish to remain in the home without the permission of the owner/tenant (perpetrator). These orders can only last for a maximum of six months and can only be renewed once, for a further six months.

39 Home Shelter Scheme Under this scheme, extra security measures can be added to the home of a survivor who would otherwise become homeless. A crime prevention officer will visit the home to assess the security measures appropriate to the individual s needs. A specialist building team will then make the necessary adaptations such as solid-core doors, windows locks and fireproof letterboxes. To be eligible for the scheme: A survivor must have recently experienced domestic violence The council must be satisfied that the survivor and her children would become homeless if the security measures were not put in place The survivor would need to be a tenant, a leaseholder or an owner of their home If the survivor has a joint tenancy, a joint leasehold agreement or joint ownership with the perpetrator of the violence, they can only have their home made more secure if they have an injunction preventing the perpetrator entering the property. 8 Information and Support 37 CONTACTS Housing Aid Centre Exchange or transfer If a survivor is an existing tenant with a local authority or housing association, she may apply for an exchange or transfer. Some local authorities operate fast track direct exchanges and/or transfers for tenants experiencing domestic violence. It is also possible to arrange an exchange privately. While awaiting a transfer or exchange, the survivor and any children may need to go into temporary accommodation and will therefore need to apply for temporary dual housing benefit to cover the cost of both rents (see page 46). CONTACTS Homes for Islington Area Housing Office or other social landlord

40 8 Information and Support 38 Privately renting or buying A survivor who decides to rent privately may be entitled to housing benefit (see page 46). The Housing Aid Centre can provide information on tenancy agreements and places to try. Temporary living arrangements may need to be made in the interim. The Law Domestic violence is dealt with both under the criminal law and civil law. Civil law is concerned with injunctions to keep survivors safe, while criminal law is about prosecuting the perpetrator for the harm they have caused and may go on to cause. The law is complex and people should always seek legal advice from a solicitor or specialist advice agency such as Women s Aid, the police, or Victim Support. Domestic violence services may be able to advise on local family law solicitors. CONTACTS Rights of Women The Family Law Act 1996 Under civil law, part IV of the Family Law Act provides a set of remedies available in the family courts. There are two types of orders or inunctions that can be enforced: A Non-molestation Order This order prohibits the perpetrator from doing certain things such as molesting, pestering, threatening or assaulting the woman and/or her children. It can also prevent the abuser from coming within a certain distance of the survivor s home. The Family Law Act 1996 says that the purpose of this order is to ensure the health, safety and well-being of the victim and any children. Since the Domestic Violence, Crime and Victims Act 2004, any breach of a nonmolestation order is a criminal offence. An Occupation Order This order can exclude the perpetrator from the home, even if there is a joint tenancy in place. This order can also prevent the perpetrator from coming within a specified area such as 200 yards of the home or a child s school. Any breach of an occupation order can lead to the perpetrator being held in contempt of court, punishable by a fine or even imprisonment.

41 Why is an injunction taken out? The court must make an order if the survivor or any child is likely to suffer significant harm. The court will gather evidence from both the survivor and the perpetrator before making a decision about which order/s to grant. How long does it take to get an injunction? If a survivor is in immediate danger, an application can be made to the court on the same day without the perpetrator being there. This is called a without notice or ex parte application. If the court grants a without notice order, the survivor will have to return to court for a full hearing once the perpetrator has been served with notice. The difficulty with enforcing this type of injunction is that it does not come into force until the perpetrator has been physically handed a copy of the order. A solicitor can usually arrange this, but this can delay the order from coming into effect. 8 Information and Support 39 Who is eligible to apply for an injunction? In order to apply for one of these orders the survivor must be an associated person. This means the survivor and the perpetrator need to: Be or have been married to each other or in a civil partnership Live or have been living together as a couple (the Domestic Violence, Crime and Victims Act 2004 has amended the definition of cohabitants to include same sex relationships) Live or have lived in the same household or shared a house (this includes flatmates) Be relatives (this includes half blood and step relatives, people who would be in-laws if you were married or in a civil partnership and first cousins) Have formally agreed to marry each other or enter into a civil partnership Have a child together (or have parental responsibility for a child or children) Be both involved in the same family proceedings (e.g. adoption proceedings, divorce). People who are not relatives, have never lived together, and who do not have a child together are excluded from taking out orders, although the Protection from Harassment Act 1997 can still apply (see page 41).