Domestic Abuse Policy

Transcription

1 Domestic Abuse Policy Control: EKH Anti-Social Behaviour and Neighbour Nuisance Policy 2012 EKH Safeguarding Children Policy 2012 EKH Equality and Diversity Policy 2011 EKH Safeguarding Adults Policy 2013 Version EKH#1 Author Sue Harris Date of review September

2 Contents Page 1. Introduction 3 2. Our aims and the purpose of this policy 3 3. Our values and service standard 3 4. Policy context and legislative requirements 4 5. Equality and Diversity 4 6. What is Domestic Abuse 4 7. Reporting Domestic and Abuse 5 8. Support for victims of Domestic Abuse 6 9. Safeguarding Children Partnership Working Confidentiality and Information Sharing Training and guidance for staff Monitoring and review arrangements 7 Appendix 1- Types of Domestic Abuse 8 Appendix 2 Guidance for EKH Staff 10 Definition of Domestic Abuse 10 Children and Domestic Violence 11 Older People 12 Disabled People 12 Black and Ethnic Minority 12 Lesbian, Gay and Transgender 12 Alcohol and drug Abuse 12 Forced Marriages 13 Honour Crimes 13 Good Practice Guidelines 13 Advice to Council tenants 14 Legal Remedies 15 National Contacts 20 County Wide Services 22 Local Services for Canterbury, Dover, Shepway and Thanet 26 Appendix 3- Consultation undertaken to develop this policy 38 2

3 1. Introduction: 1.1 The terms Domestic Violence and Domestic Abuse are interchangeable and for the purpose of this policy Domestic Abuse will be used to describe a range of behaviours that include violence and abuse. 1.2 Domestic abuse happens in all cultures and social groups, regardless of age, ethnicity, gender, disability and sexuality and can have a devastating effect on individuals and the communities where they live. Domestic abuse often has consequences for the housing situation of those affected and they will therefore turn to their housing provider for help. This policy applies to East Kent Housing s (EKH) tenants and leaseholders who are suffering from domestic abuse and threats of domestic abuse. 1.3 As a social housing provider EKH has a responsibility to support any person suffering from or being threatened with domestic abuse and deal with it effectively in conjunction with our policies for dealing with Neighbour Nuisance and Anti-Social Behaviour 2012, Safeguarding Children 2012, Safeguarding Adults 2013 and Equality and Diversity Through this policy we will ensure that all staff adopt a common approach to giving advice, guidance and assistance to our tenants and leaseholders suffering from or being threatened with domestic abuse. 1.5 We also recognise we cannot deal with domestic abuse on our own and we are therefore committed to working in partnership with other agencies to tackle it. 2.0 Our Aims and the purpose of this Policy 2.1 The purpose of this policy is to enable people experiencing domestic abuse or the threat of domestic abuse and their children to remain in their homes, give them accurate advice and guidance and help them make informed decisions of what they can do next. 2.2 Many victims of domestic abuse will not approach agencies and it is vital that when help is sought it is offered in an appropriate and consistent manner. 2.3 We will raise awareness to ensure that all staff fully understand the role they play in tackling domestic abuse to develop a consistent approach across all the four East Kent Councils. 3.0 Our Values and Service Standard 3.1 As part of our values East Kent Housing have made a commitment to help and support people experiencing domestic abuse. In relation to this policy, we will: Treat all cases of domestic abuse with priority and confidentiality other than in cases where we have a duty, by law, to share information or in child protection and adult protection circumstances. Treat all victims of domestic abuse sensitively and offer same sex interviews at a safe location, where appropriate. 3

4 Protect the identity of the person suffering from domestic abuse and not disclose their location to the perpetrator or representative without permission. Liaise with and refer cases to other agencies, where consent has been given for advice and assistance. Keep accurate case files and records in relation to the domestic abuse which may be used at a later date for legal proceedings. Provide support for the person suffering from domestic abuse to enable them to stay in their own home and advise them on rehousing options if they want to move. Where appropriate, take action against the perpetrator and make them accountable for their actions. Seek appropriate support for perpetrators of domestic abuse to control their behaviour and prevent reoccurrence. Meet the needs of the person experiencing the domestic abuse for example Provide an interpreter or assist those with low literacy or learning disabilities. Keeps the person suffering from the domestic abuse informed at all stages during an investigation. 4.0 Policy Context and Legislative Requirements 4.1 The tenancy agreement and leasehold agreement of all the four East Kent Councils clearly set out the standard of behaviour expected from our tenants and leaseholders. It is a condition of the tenancy agreement and lease agreement that a tenant or leaseholder must not threaten or use abuse and violence against another person, whether that person lives at the property or somewhere else. 4.2 We recognise our legal duties and obligations under the following legislation. Family Law Act 1996 Children s Act 1989 Domestic Violence, Crime and Victims Act 2004 Civil Partnership Act 2004 Protection from Harassment Act 1997 Homelessness Act 2002 Housing Act 1996 Data Protection Act 1998 Crime and Disorder Act Equality and Diversity 5.1 This policy aims to ensure that all cases of domestic abuse are treated consistently and fairly regardless of a person s age, gender, ethnicity, religion or belief, sexuality, nationality or marital status, or for any other reason not related to the above. 5.2 We will take all necessary steps to ensure we meet our obligations under the Equality Act 2010 outlined in our EKH Equality and Diversity Policy An Equality Impact Assessment is published alongside this policy. 6.0 What is Domestic Abuse? 6.1 Domestic abuse is rarely a one off incident and occurs across all society and is best understood as a pattern of behaviour which is characterised by the exercise of control and misuse of power by one person over another within the context of a family relationship. 4

5 6.2 Current Home Office definition of Domestic Abuse: Any incident or pattern of incidents controlling, coercive or threatening behaviour,violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to the following types of abuse. (Psychological, Physical, Sexual, Financial, Emotional) 6.3 The definition of domestic abuse stated in our Neighbour Nuisance and Anti-Social Behaviour Policy 2012 states: East Kent Housing believes everyone has a right to live in safety in their home without fear and defines Domestic Violence and Abuse as: A pattern of abusive behaviour by one partner against another in an intimate relationship, by another family member, or by current or former partners regardless of gender or sexuality This may include psychological, physical, sexual, financial or emotional abuse. (See Appendix 1 for an expanded List) 6.4 Not all forms of domestic abuse are illegal for example some forms of emotional abuse are not defined as crimes although they can have a serious and lasting effect on the person suffering the abuse or a child within that household. 6.5 Domestic abuse has many forms and may not constitute a single offence but certain forms such as harassment, assault, criminal damage, attempted murder, rape and false imprisonment are crimes and we will refer these cases to the relevant agencies where appropriate. 7.0 Partnership Working 7.1 We recognise that we cannot work in isolation when dealing with reports of domestic abuse as the effects are so wide ranging and varied and affects people in different ways. 7.2 We will work in partnership with other agencies to ensure the best possible support is given to the person suffering the domestic abuse. Some of our partners include but are not limited to; The Police Community Safety Units Social Services Domestic Abuse Forums Domestic Abuse One Stop Shops Victim Support Education 8.0 Reporting Domestic Abuse 8.1 On receipt of a complaint of domestic abuse staff at EKH will listen to the person suffering the domestic abuse sympathetically, assist them in obtaining immediate advice and support them on the appropriate course of action. 8.2 We will take into account the varying circumstances of victims of domestic abuse and the different courses of action which may be possible and appropriate. 5

6 8.3 Men and women may equally be the victims of domestic abuse which can also occur in same sex couples and EKH staff will deal with such incidents in a sensitive manner. 8.4 In the first instance we will accept that evidence of domestic abuse is not always readily available. We will accept the victim s account of the domestic abuse and not insist on them providing proof before we take appropriate action. 8.5 We will refer the person suffering from domestic abuse and the threat of domestic abuse to the appropriate agency to complete a Coordinated Action Against Domestic Abuse (CAADA) Risk Identification Checklist (RIC).This checklist will be used, by the agency, when an initial disclosure of Domestic Abuse is received to ensure the victim is responded to quickly and appropriately to address the risks they face. 8.6 We will widely publicise the broad range of mechanisms available for reporting incidents of Domestic Abuse, which include: telephone talking directly to Neighbourhood Managers, Sheltered Housing Officers and Sheltered Scheme Managers EKH website: written correspondence personal visits to any East Kent Council Office or Gateway Neighbourhood Manager Surgeries, where appropriate. through a third party with consent ( e.g. Councillor, friend, advocate, carer or relative) 9.00 Support for Victims of Domestic Violence and Abuse 9.1 We will refer cases to specialist agencies, who will give advice on all aspects of dealing with domestic abuse and support people suffering from domestic abuse or the threat of domestic abuse. This referral will only take place with the permission of the person suffering from the domestic abuse or threat of domestic abuse. 9.2 We will maintain confidentiality to ensure the safety of the person experiencing the domestic abuse, when referring to specialist agencies. 9.3 We will endeavour to contact other agencies to provide information on additional security measures, if the victim feels able to remain in their own home. 9.4 Where appropriate, evict perpetrators of domestic abuse. 9.5 We will provide on-going and appropriate support to victims of domestic abuse and the threat of domestic abuse, as necessary Safeguarding Children and Adults 10.1 Domestic abuse, in families, should always be considered as having a negative impact on children and vulnerable adults. EKH staff need to be aware of their needs and follow procedures set out in EKH s Safeguarding Children Policy 2012 and EKH s Safeguarding Adults Policy

7 11.0 Confidentiality and Information Sharing 11.1 The Data Protection Act 1998 allows for the exchange of information where it is for the prevention or detection of crime or for the apprehension or the prosecution of Offenders and we will only share information with other agencies with written consent unless we are required to do so by law or the information is necessary for the protection of children and vulnerable adults We will explain to victims the importance of the processes in dealing with domestic abuse and that it may be necessary to disclose information to other agencies that may be able to offer help and support Section 115 of the Crime and Disorder Act 1998 allows EKH and partners to share information for the purposes of preventing and detecting crime which includes domestic abuse We recognise that confidentiality is important to build up a relationship of trust with the person experiencing the domestic abuse to reassure them that any information provided will be kept in the strictest confidence within East Kent Housing. If a case is referred to another agency their confidentiality policies will apply We will only share information, where necessary, in line with the Kent and Medway Information Sharing Protocols 12.0 Training and Guidance for Staff 12.1 We will provide appropriate training and guidance (Appendix 2) to ensure that all staff fully understand the role they play in tackling domestic abuse to provide a consistent approach across all 4 East Kent Councils. We will ensure that all staff: Are aware of this policy and understand the relevant legislation and powers in place to deal with reports of domestic abuse and the threat of domestic abuse. Are aware of the importance of dealing with reports of domestic abuse and the threat of domestic abuse quickly and effectively. Have the skills to provide accurate advice and information to victims. Are trained to recognise the need to refer the victim of domestic abuse and the threat of domestic abuse to the appropriate agency to enable them to complete the CAADA Risk Identification Checklist to identify high risk victims of domestic abuse and threats of domestic abuse. Work in partnership with other agencies using a multi-agency approach and attend Multi Agency Risk Assessment Conferences (MARAC) where appropriate. Are trained to complete a MARAC referral form when a high risk case of domestic abuse is identified We will ensure that all new staff are aware of this policy as part of their induction process Monitoring and Review Arrangements We will monitor the effectiveness of this policy on an annual basis. To ensure continuous improvement we will make the necessary amendments to this policy to address any changes in legislation best practice and operational issues. 7

8 Appendix 1: Types of Domestic Abuse but not limited to: Psychological/Emotional Abuse Withholds approval/emotional support as punishment Jokes, insults, name calling Ignoring or minimising feelings Yelling blaming and accusing Targeted and repeated insults Excessive jealousy Belittling and private/public humiliation Demands all attention Resentful of children and or/marriage Threats to take the children away Using children or pets to punish partner Degrading partner and isolating them Forced marriages Threats to kill Threats to commit suicide Death (by homicide, suicide or accident) 6.4 Physical abuse Refusal to meet physical needs of dependants Deprivation of food and heat Push, shove, jerk, slap, bite, punch Strangle, choke, suffocate, drown Shaking, bruising, hitting, punching, kick, beating Targeted and repeated hitting Use of objects and weapons Throwing the victim Restraining while hitting or punching Abuse during pregnancy Sleep deprivation Lacerations,burns,internal injuries Disabling or dis-figuring injuries Using weapons (knives, guns or household items, etc.) Murder 6.5 Sexual Abuse Sexual jokes or demeaning gender remarks Criticism of sexuality Jealousy assuming partner is with or will be with others sexually Unwanted touching Name calling with sexual epithets Forced to look at or engage in pornography Demands monogamy from victim despite promiscuous behaviour by abuser Coercive/demanding sex Forced sex (rape) Forced /painful sex Coercive /demanding sex after pregnancy or surgery Rape resulting in permanent injury 8

9 Rape with imprisonment Child abuse/incest Rape with murder 6.6 Financial Abuse Controlling bank accounts/ money and withholding funds Running up debts in the person experiencing the domestic abuse Spending the family income without consent and /or making the partner struggle to pay the bills Forcing someone to ask for basic necessities 9

10 Appendix 2: Guidance for Staff: Domestic abuse happens in all cultures and social groups. Although it is mostly women who are abused by male partners or ex-partners, men can experience domestic abuse with women being the abusers and both men and women can suffer from domestic abuse in same sex relationships. EKH staff will give everyone suffering from domestic abuse advice and support and encourage them to get help by signposting them to other organisations who can support them. Home Office Definition of Domestic Violence and Abuse (March 2013) Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse: psychological physical sexual financial emotional Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. The Housing Act 1996 definition of domestic violence: It is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence against him/her, or against; a) A person who normally resides with her/him as member of his family, or b) Any other person who might reasonably be expected to reside with her/him. For this purpose domestic violence, in relation to a person, means violence from a person with whom he is associated, or threats of violence from such a person which are likely to be carried out. The Housing Act 1996 defines the type of relationships in which Domestic Violence could occur. A person is associated with another person if: a) They are or have been married to each other b) They are cohabitants or former cohabitants c) They live or have lived in the same household d) They are relatives e) They have agreed to marry one another(whether or not that agreement has been terminated) f) In relation to a child, each of them is a parent of the child or has, or has had, parental responsibility for that child. 10

11 Children and Domestic Violence and Abuse: Domestic abuse can have both immediate and long lasting effects on children. The abuse and control may affect their daily life, dictating what they can and cannot do, as well as having an impact on major life decisions such as moving house and educational attainment. Children quite often see and hear violence and sometimes get hurt when trying to protect the person being abused. This can result in children suffering from emotional and physical abuse and under the new Safeguarding Children Legislation may be considered at risk of significant harm. Abusers can use children to control their partners by undermining their parenting skills and blaming the children s very existence on the family s problems. After a separation children are often used to coerce a person into reconciliation. Children may be forced into participating in the abuse or may get caught up in it and get injured. Children may also be subjected to the abuse. A major impact of abuse for many children living with uncertainty and upheaval is never knowing: When the next incident will occur When the abuser will be there or not there When they will be expected to leave their home Where they will live Who they can trust Who they will lose from their lives such as relationships with relatives, friends, professionals and pets These experiences can affect some children for the much of their lives and their beliefs may be directly influenced by what they witness. These experiences can affect them in differing ways and they will need to make clear choices about their own beliefs behaviours and conduct in their own relationships as adults. Some of the emotional effects of Domestic abuse on children are: Not being able to sleep for fear of what may happen to them Fear of what might happen to the abused parent. Running away Having nightmares Taking responsibility for the abuse and blaming themselves Bed wetting Bulling or fighting Doing badly at school Playing truant Self-harming/taking drugs or alcohol Becoming withdrawn Disruptive behaviour Trying to anticipate the abusers next move Living in constant fear of what might happen next Being terrified. Children s lives may also be affected by the abuse even before they are born. Violence and abuse often begins or escalates when a women is pregnant. The abuse may then adversely affect the mother s feelings towards her new born child or cause injury or death to the foetus. If you are concerned for the safety of a child you should follow the guidelines set out in EKH s Safeguarding Children Policy

12 Children and Young people can also visit The Hideout a website to help them understand domestic abuse. Additional Issues that may be experienced by People Experiencing Domestic Abuse or the Threat of Domestic Abuse If you are concerned for the safety of a Vulnerable adult you should follow the guidelines set out in EKH s Safeguarding Adults Policy Older People: Violence and abuse is a much an issue for older people as it is for younger people. Older people may face disbelief and dismissive attitudes from community members and agency workers. They may feel trapped and feel it is too late to stop the abuse. Older people may face attitudes and work practices when disclosing abuse or seeking help. They may also find it difficult to disclose to family members because of the pressure to hold the family together. Some older people enter new relationship for example after being widowed and can experience domestic abuse for the first time. This abuse can be from partners, or family members. Disabled People: The abusive person may be the primary carer of the person suffering the domestic abuse or threat of abuse. Mobility limitations may make it harder to escape and reduce access to alternate accommodation. A disabled person with communication or learning difficulties may also find difficulty in acquiring protection through the criminal justice system as they are less likely to be viewed as a credible witness. The person may feel (or be made to feel) that there are no alternative forms of care. Black and Ethnic Minority: People may face language barriers, conflicts and cultural loyalties; threats of expulsion from their community; use of immigration status. Awareness of potential discrimination (e.g. from agencies, police and courts) may deter people suffering from domestic abuse or the threat of against them to further abuse and control them compounding the difficulties they already face. Lesbian, Gay and Transgender: Lesbian, Gay and Transgender people experience domestic abuse or the threat of domestic abuse in the same way as heterosexual people with the additional difficulties caused by Society s attitudes. Some of these attitudes are deeply rooted and the person may not feel able to report the abuse or threat of abuse for fear of their sexuality being made public and used against them, further impacting on their problems. A person s sexuality may be used against them as justification for the abuse and to get custody of children. Sexual assault may be used as a punishment. Alcohol and Drug Abuse Statistics seem to indicate a connection between alcohol and drug abuse and domestic abuse but some researchers question the cause-and-effect relationship. Alcohol and drug 12

13 abuse is known to impair judgment, reduce inhibition and increase aggression. However, it is important to note that many people with an alcohol and drug misuse problem do not abuse their partners and people who abuse their partners do not have a problem with alcohol and drugs. As well as the links to the perpetrator of domestic abuse, drug and or alcohol misuse can be a response and increase vulnerability to abuse e.g. where alcohol or drugs are a coping mechanism for people in violent relationship. Forced Marriages : A forced marriage is one where people are coerced into a marriage against their will and under physical or emotional duress. Forced marriage is an abuse of human rights and cannot be justified on any religious or cultural basis. Where someone is forced into a marriage it is unlikely that they will have the freedom or capacity to consent to sex. As such, as well as being forced to marry against their will, they may also find themselves the victim of a sexual offence. In 2004 the Government s definition of Domestic Abuse was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently acts such as forced marriage and so called honour crimes can now come under the definition of domestic abuse. Forced Marriage Unit: Telephone Information and guidance can be found on giving guidance for victims and guidance for third parties. Honour Crimes: A crime committed in the name of honour is a crime that is, or has been justified or explained by the perpetrator of the crime on the ground that is committed as a consequence of the need to protect or defend the honour of the family. Codes of honour relate primarily to appropriate behaviours for women who are victims of forced marriages. There is a direct link between forced marriages and crimes committed in the name of honour. Murder in the name of honour is normally committed in the belief that defiled honour can only be redeemed when the source of shame is removed and is often done in collusion with relatives and the community. Good Practice Guidelines: 1. Give priority to ensure the person suffering the domestic abuse or threat or domestic abuse to ensure immediate safety. 2. Ensure the person suffering the abuse or threat of the abuse understands EKH s policy on Domestic abuse and its boundaries. 3. Listen and do not make judgements 4. Communicate in a clear and concise way making sure the person understands what you are saying. 5. Be sensitive, discuss their fears, take them seriously and believe what they are saying 6. Respect confidentiality 7. Check address for contact 8. Respect the persons wishes if they do not want to be contacted 9. Consider additional issues involving disabled people, older people, black and ethnic minorities, lesbian, gay and transgender 10. Consider safeguarding issues under Child Protection and Adult protection. 13

14 Advice to Council tenants Where tenants or members of their household experience domestic abuse, the Neighbourhood Manager, Sheltered Housing Officer or Scheme Manager will provide help and assistance. Arrears: The safety of victims of domestic abuse is an over-riding priority and each case will be dealt with on an individual basis in line with the policy and procedure for recovery of rent and arrears. Re-Housing: The Allocation policies of the 4 east Kent Councils make provision for a victim to remain in their own home or move because they are experiencing domestic abuse. EKH will work with the Housing Options teams of all 4 Councils and other agencies to support the victim by providing advice on all the housing options available to them depending on their circumstances. There is the provision for a management transfer after taking into account details of the individual s circumstances. Housing options will discuss the Homelessness process with the victim of domestic abuse and provide housing advice and assistance where appropriate. Alternative safe options will be pursued before considering homelessness. Leaving home temporarily will not affect a tenant s right to return or their tenancy rights. Tenants should not be advised to relinquish their tenancies before they have secured an offer of a new tenancy. Joint Tenancies: Either party can give notice to terminate a joint tenancy. In situations where domestic abuse is the ground for wishing to terminate a tenancy both parties should contact the Neighbourhood Manager, Sheltered Housing Officer or Scheme Manager for advice. If appropriate the victim can end a joint tenancy if the domestic abuse is proven. A sole tenancy can be granted in the name of the person suffering the domestic abuse when the joint tenancy ends as long as the property is suitable to their needs. Sole Tenancies: Where the perpetrator of domestic abuse is a sole tenant, a careful review of evidence will be required before possession can be sought under ground 2a of Schedule 2 of the Housing Act Where the victim of domestic abuse is a sole tenant they may need advice on legal remedies and their options. A management transfer may be appropriate if the victim feels they are unable to remain in their current home but generally this is in extreme circumstances and recommended by the Police. Housing Benefit: It is possible for housing benefit to be paid for up to 52 weeks if a person has left their home due to domestic abuse. No evidence is needed as such but the benefit section must be satisfied that they left the property because of domestic abuse and it is their intention to return. A victim of domestic abuse for Housing benefit purposes is someone who has left their previous home due to violence or fear of violence perpetrated in the home by someone who lives there or by anyone from outside the home (for example a stalker). It also applies to violence or fear of violence occurring outside the home 14

15 perpetrated by a former member of the claimant s family. Violence outside the home which does not involve a former member of the claimant s family does not qualify for particular help outlined above. Legal Remedies: 1. Possession Proceedings against Council tenants: The tenancy agreement of all the four East Kent Councils clearly set out the standard of behaviour expected from our tenants. It is a condition of the tenancy that a tenant must not threaten or use violence against another person, whether that person lives at the property or somewhere else. If the tenancy agreement is breached, possession proceedings can be initiated against the tenant. The first step of this process is a Notice of Seeking Possession( NOSP). 2. Ground for Possession: The Housing Act 1996 introduced a new ground for possession where actual or threatened violence by one partner has forced the other partner to leave the family home. (Schedule 2, Part 1 of the HA Ground 2A) Ground 2A can be relied upon where the following circumstances are fulfilled: a) The dwelling house is occupied by a couple who are I. Married; II. Civil partners III. Living together as husband and wife; or IV. Living together as civil partners; b) One or both partners are tenants of the dwelling house c) One partner has left because of violence or threats of violence by one partner towards: I. That partner II. A family member of that partner who was residing with that partner immediately before they left; and d) The court is satisfied that the partner who has left is unlikely to return. 3. Introductory tenancies: Where a tenancy is introductory it can be ended by serving of a Notice of Possession Proceedings (NOP). 4. Children s Act 1989 Schedule 1 Children s Act 1989 gives the power to the Court to order the transfer of a tenancy where it is in the best interest of the child/children. 5. The Family Law Act 1996 The Family Law Act also allows the Court to transfer secure and certain other tenancies between spouses and cohabiters. The transfer of tenancy takes place by virtue of a Court Order and does not require any additional paperwork such as an assignment or a tenancy agreement. 15

16 6. Protection from Harassment Act 1997 (amended by the Domestic Violence, Crime and Victims Act 2004) This act is intended to address the problem of stalking and sexual harassment. The definition harassment according to the Act is any action which causes distress or alarm to the victim. Although not stated this may be used in situations where a person is being harassed by his or her spouse or partner in the context of domestic abuse. Types of behaviour regarded as harassment include persistent abusive telephone calls, abuse in public, uninvited visits, threats against the person and threats to cause damage. 7. Domestic Violence, Crime and Victims Act 2004 This act extends provisions to combat domestic abuse and creates the offence of causing or allowing the death of a child or vulnerable adult. This Act includes; Significant police powers to deal with domestic abuse including making it an Indictable criminal offence to breach non-molestation order with a penalty of up to 5 years in prison. Making common assault an indictable offence Amending the Protection From Harassment Act 1997 to ensure that victims have their say if an application is made to vary or terminate a restraining Order that is protecting them from abuse and harassment. Strengthening the civil law on domestic abuse so that cohabiting same sex couples have the same protection as heterosexual couples, and extending the availability of no-molestation orders to couples who have never lived together or have never been married. 8. The Homelessness Act 2002 The Act has six principal objectives: 1. To require local housing authorities to adopt a strategic approach to combating homelessness. 2. To abolish the two year period during which local authorities were subject to the main homelessness duty and replace it with a duty to secure suitable accommodation until a settled housing solution is found 3. To abolish the duty on local authorities to consider whether other suitable accommodation is available to the homeless before the authority secures accommodation itself 4. To provide for additional circumstances in which the main homelessness duty can be brought to an end 5. To give local authorities a new power to secure accommodation for homeless applicants who are not in priority need 6. To amend the statutory arrangements for housing allocations to allow local authorities to offer more choice to homeless people and others in housing need. Since the Homelessness legislation first came into effect in 1977, there had been no changes to the categories of those designated to be in priority need. The Government extended those categories and drafted a Statutory Instrument to amend the legislation. 16

17 This means that a local authority now has a duty to accommodate anyone at risk violence using both the Homelessness Act 2002 and the Housing Act Implementing the Housing Act 1996(Part V11) and Homelessness Act 2002: the Code of Guidance The Code of Guidance gives guidance to local authorities on how they should implement the Housing Act 1996 and Homelessness Act It does not have force of law but local authorities should have regard to it in exercising their functions relating to homelessness and the prevention of homelessness. It makes a number of specific references to the needs of women and children experiencing domestic violence. The Code has this to say: Domestic Violence or other violence 6.16 Section 177 (1) provides that it is not reasonable for a person, the applicant, to continue to occupy accommodation if it is probable that this will lead to domestic violence or other violence against: i) the applicant ii) a person who normally resides as the applicants family, or iii) any person who might be reasonable to expect to reside with the applicant Section 177 (1A) provides that violence means violence from another person or threats of violence from another person which are likely to be carried out. Domestic violence is violence from a person who is associated with the victim and also includes threats of violence which are likely to be carried out Section 178 provides that, for the purpose of defining domestic violence a person is associated with another if: a) they are or have been married to each other b) they are or have been cohabitants (e.g. a man and woman living together as husband and wife c) they live or have lived in the same household d) they are relatives i.e. father, mother, stepfather, stepmother, son, daughter, stepdaughter, stepson, grandmother, grandfather, grandson or granddaughter, brother, sister, uncle, aunt, niece or nephew(whether of full blood, half blood or affinity) of that person or of that person s spouse or former spouse. A person is also included if he or she would fall into any of these categories in relation to cohabitees if they were married to each other. e) they have agreed to marry each other whether or not that agreement has been terminated f) in relation to a child, each of them is a parent of the child or has, or had, parental responsibility for the child ( within the meaning of the Children Act 1989). A child is a person under 18 years of age Domestic violence or threat of violence is not confined to instances within the home from a person with whom the applicant or a member of his or her household is associated. The fact that violence has not yet occurred does not, on its, own, mean that it is not likely to occur. When considering cases involving domestic violence housing authorities will need to make enquiries but should not necessarily expect evidence of violence as such from the applicant. And an assessment of the likelihood of a threat of violence being carried out should not be based solely on whether there has been actual violence in the past. 17

18 6.19 All other forms of violence and threats of violence likely to be carried out towards the applicant or members of his or her household will need to be taken into account for him or her to continue to occupy accommodation In cases involving violence, housing authorities may wish to inform applicants of the option of seeking an injunction. However, housing authorities should recognise that injunctions ordering persons not to molest, or enter the home of, the applicant will not always be effective in deterring perpetrators from carrying out further violence or incursions. Applicants should not automatically be expected to return home on the strength of an injunction When dealing with cases involving violence, or threat of violence, from outside the home, housing authorities should consider the option of improving security of the applicant s home to enable him or her to continue to live there safely, where that is an option that the applicant wishes to pursue. In some cases, immediate action to improve security within the victim s home may prevent homelessness. A fast response combined with support from the housing authority, police and voluntary sector may provide a victim with the confidence to remain in their home. When dealing with domestic violence within the home, housing authorities should consider the scope for evicting the perpetrator and allowing the victim to remain in their home. However, where there would be a probability of violence if the applicant continued to occupy his or her present accommodation, the housing authority must treat the applicant as homeless and should not expect him or her to return to the accommodation. 18

19 National Contacts 24 Hours Domestic Abuse Helpline: The helpline is run in partnership between Refuge and Women s Aid. It is open 24 hours a day, seven days a week for women experiencing domestic abuse. All calls are confidential. Fully trained female workers and volunteers provide support and information as well as a listening ear. They can also offer support and information to friends, family members, external agencies and professionals calling on behalf of a woman. The helpline is a member of Language Line and can provide access to an interpreter for non-english speaking callers. The helpline can also access the BT Type Talk Service. If the lines are busy: Call 999 in an emergency Keep trying: quieter periods are during the evenings, nights and weekends. Women s Aid Women's Aid is the key national charity working to end domestic violence against women and children supporting a network of over 500 domestic and sexual violence services across the UK. Telephone: (freephone 24hr National Domestic violence helpline) Website: Shelter: Free confidential help and advice for victims of domestic abuse or violence. Free advice helpline: Website: Men Suffering Domestic Violence and Abuse: It can be hard for men experiencing domestic violence and abuse to seek help as they may feel ashamed of the situation. A man experiencing Domestic Violence and Abuse does not mean he is weak as it takes a lot of control not to hit back at the abusing partner especially if they are physically bigger. Gay, Bisexual and Trans men who are experiencing domestic Violence and abuse can also call the Men s Advice line. Men have the same rights as an abused woman. The police will take them seriously and arrest the abuser if there is evidence of an assault. Other statutory services must also provide support regardless of gender. The Men s Advice helpline have trained staff who will listen to the man suffering from the domestic abuse and offer: Emotional support Giving time to talk through their experiences Relevant information and practical advice 19

20 Signpost the man to other specialist organisations such as ; domestic violence units, mental health organisations, emotional support services, services for gay, bisexual and trans (GBT) men and organisations providing immigration, housing and legal advice, parenting advice and support and assistance with child contact issues. Please note: Staff at the Men s Advice Helpline are not legally qualified and cannot offer legal or housing advice. Men s Advice Line P:\Leaflets\Men's Advice Line booklet for male victims.pdf The Men s Advice Line is a confidential and anonymous helpline which is a Freephone number from a landline and most mobile phone networks- O2, Orange, T-Mobile, Three (3), Virgin and Vodafone. Telephone Website: If the lines are busy or if the person is calling out of hours, they can leave a message with their name and a safe number and the advice line will call them back as soon as they can. The person suffering domestic abuse can also the advice line on info@mensadviceline.org.uk. The Men s Advice line aims to reply to s within two working days. Mankind Initiative: Support for Male Victims of Domestic Abuse and Domestic Violence National Helpline: Flook House Belvedere Road Taunton Somerset TA1 1BT The helpline is operated by trained people who can give both emotional and practical support as well as providing information. The advice will be the correct steps, to talk about reporting the incidents, through advice on legal matters, police procedures, housing, welfare benefits and legal aid. Where possible Mankind will provide support when the man is not getting the help they need. Emotional Support includes; Someone to talk to Giving the abused person confidence Helping the abused person realise they are not to blame Information and Support includes: Housing and Refuge Support Reporting Incidents Police procedures Legal Services (including solicitors who can help) Referring Victims to local councils, refuges and other support services Local services and support groups 20

21 Lesbian, Gay, Bisexual and Transgender (LGBT) Broken Rainbow UK is the only National LGBT Domestic Abuse helpline providing confidential support to all members of Lesbian, Gay, Bisexual and Trans (LGBT) communities, their family and friends and agencies supporting them. Confidential Helpline Service is run by trained LGBT staff that have an understanding of sexual identity issues along with the impact domestic abuse can have on a person s life. Open -Monday and Thursday 10am to 8pm and Tuesday and Wednesday 10am to 5pm Telephone: help@brokenrainbow.org.uk Karma Nirvana Karma Nirvana can provide specialist guidance to all professionals handling cases of forced marriage and honour based abuse. Cases of forced marriage and honour based abuse can involve complex and sensitive issues that should be handled carefully. If you would like to discuss a case with Karma Nirvana call handler. Telephone: County Wide Services (Kent) Domestic Abuse: Support Services in Kent and Medway (website launched in December 2012) Stonham East Kent Domestic Abuse Floating Support The Stonham East Kent Domestic Abuse Floating Support Service is commissioned by the Kent Supporting People Programme. They provide housing related support to people who are suffering or have recently suffered Domestic Abuse. They support people to move on from the abuse and aim to enable independence. Floating Support can provide support with things like: Advice on home and tenancy: help to address repair issues, prevent eviction and maintain tenancy Support to move on to safer accommodation or improve security of their current home Support to develop and maintain a safety plan for the family. Advice with monthly management and claiming benefits. Support to access legal advice around divorce, child matters and protective orders such as Non-Molestation Orders. Help to access emotional support for them and /or their children. Support to take part in local groups, activities or leisure activities. 21

22 Guidance and support to access training and employment opportunities. Guidance on life skills such as finding information, using the internet, writing letters and completing forms. Who can receive this support? Anyone who is suffering or who has recently suffered domestic abuse and has housing related support need. They support women or men over 16 years old, irrespective of age, sex, disability, race, marital status, sexual orientation or religious belief. Support is also given to people suffering abuse from a family member, this includes honour based violence. In general floating support is provided for one year, with regular meetings as arranged with a link worker. How to Contact KCC currently operates a Central Referral System (CRS) and all referrals are made to the Kent Supporting people Team, which allocates them on a prioritised basis of need. Telephone: supportingpeople@kent.gov.uk Stonnham are happy to discuss their services and the local office details are as follows. Stonham Shandon House Padsole Lane Maidstone Kent ME15 6ED East Kent Rape Line: Supporting survivors of rape and childhood sexual abuse. Telephone: Opening times Monday - Friday 6.30pm pm, Thursday 12noon - 3pm Website: Elder Abuse Response Helpline: This confidential helpline gives information about elder abuse and emotional support to anyone concerned about the abuse of an older person. The helpline is confidential and Freephone. The telephone number will not appear on a telephone bill. Address: Action on Elder Abuse, PO Box 60001, Streatham, SW16 9BY Telephone:

23 Address: Website: Rethink Mental Illness - Sahayak, Carers Support and Floating Support Service: Our Service can support anyone from the BME communities, Individuals that have a mental illness and suffer emotional distress and can often feel isolated. If you feel you have lost confidence in your ability to manage everyday life or feel anxious and unhappy. Sahayak provides one to one support and practical assistance or to simply listen. As well as Counselling Support. Carers looking after someone with mental illness places a great deal of stress on the carers, we have a Cares Support Service to support carers. We have a Floating Support Service for people who are homeless or at risk of losing their home, have a mental illness, is fleeing domestic abuse. We can support you with Rent arrears, evictions, budgeting and management of bills, domestic issues, being independent at home, claiming welfare benefits. Accessing training and Education. Address: Rethink Sahayak, 4-5 High Street, Gravesend, Kent, DA11 OBQ Telephone: Opening times: 9 am-5pm Website: Sanctuary Supported Living: Sanctuary Supported Living - Kent Floating Support services offers a point of contact to those (Male or Female)experiencing Domestic Abuse and we are committed to provide a safe, sensitive and non-judgemental and non-oppressive floating support services. We demonstrate a commitment to multi-agency working as this is the key to maintaining the safety of our clients who are suffering Domestic Abuse. As Floating support service, we are flexible to respond quickly to the diverse range of Domestic Abuse situations that our clients are living in and leaving or resettling from. Address: Sanctuary Housing, 11 North Lane, Canterbury CT2 7SL Telephone: or Opening times: (Emergency Service ) Address: ebi.ubredi@sanctuary-housing.co.uk Website: CDAP Group: This project aims to prevent abuse and promote the safety of women and children by offering support to men who want to change their behaviour. The 27-week evening programme focuses on the intentions, beliefs and effects underpinning domestic abuse, including learning strategies for overcoming abusive and controlling behaviour. Partners of participants are supported throughout the programme. 23

24 The programme is available in the Kent area. People are referred by Kent Probation Service or can self-refer by contacting directly. Telephone: Address: Website: Victim Support South East: Victim Support is the independent national charity for people affected by crime. Volunteers are trained to give information, practical help and emotional support to people who have been threatened or abused. The service is confidential, free and available to everyone. Victims are usually referred by the Police but the person suffering the abuse can contact Victim Support directly whether or not they want to report the abuse as a crime and regardless of when it happened. Lines are open Monday to Friday from 9am to 9pm Weekends 9am to 7pm Bank Holidays 9am to 5pm Telephone: (the cost of calling 0845 numbers can vary depending on the telephone service provider). Please advise the person who is making the call that this number will appear on an itemised bill and if someone else will see it may be in their best interest to use a public telephone. To hide the person s number, press 141 before dialling the Victim support number. The Support line has an interpretation service for people who do not speak English as their first language. If a person is deaf or hard of hearing please dial for Text Relay The Support Line can also give information by letter and by . Address for letters: Hannibal House Elephant and Castle Shopping Centre London SE1 6TB supportline@victimsupport.org.uk If someone cannot get through to the Support Line, are desperate and need to speak to someone outside support line hours they can also contact the Samaritans on for the cost of a local call or they can them at jo@samaritans.org 24