Domestic Abuse (including MARAC)

Domestic abuse is defined in the Domestic Abuse Act 2021 as "abusive behaviour between two people aged 16 years or above that are personally connected to each other, regardless of whether the behaviour consists of a single incident or a course of conduct (pattern of behaviour)".

Abusive behaviour

Under the Domestic Abuse Act 2021, behaviour is abusive if it consists of any of the following:

• Physical or sexual abuse;
• Violent or threatening behaviour;
• Controlling or coercive behaviour;
• Economic abuse;
• Psychological, emotional or other abuse.

The following specific types of abuse are all recognised as types of domestic abuse:

1. 'Honour' based abuse;
2. Forced marriage;
3. Female Genital Mutilation (FGM).

For further information about Honour-based abuse, forced marriage and FGM please refer to local guidance in the Contacts and Practice Resources.

Personally connected

The term ‘personally connected’ means any of the following:

• They are, or have been, married to each other;
• They are, or have been, civil partners of each other;
• They have agreed to marry one another;
• They are, or have been in an intimate personal relationship with each other;
• They each have, or there has been a time when they each have had, a parental relationship with the same child;
• They are relatives.

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent:

• Isolation from sources of support;
• Exploitation of resources;
• Depriving of a means to resist or escape;
• Regulating everyday behaviour.

Coercive behaviour is an act or pattern of acts used to harm, punish or frighten:

• Assault;
• Threats;
• Humiliation and degradation;
• Intimidation.

It can also include technological abuse where technology and social media controls and coerces victims. For example, disclosing or threatening to disclose private sexual photographs and films with the intent of causing distress (known as revenge porn).

Coercive or controlling behaviour does not relate to a single incident, it is a purposeful pattern of incidents that occur over time in order for one individual to exert power, control or coercion over another.

Controlling or coercive behaviour in an intimate or family relationship is a criminal offence, with a maximum penalty of five years imprisonment.

Anyone can be a victim of domestic abuse.

This includes children when the child hears, sees or experiences the effects of the abuse between its parent or another relative. This includes unborn children.

Note: The Domestic Abuse Act 2021 uses the term 'victim' but not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a 'victim' and they may prefer another term, for example, 'survivor'.  

A considerable proportion of safeguarding adults work relates to the abuse or neglect of people with care and support needs who are living in their own homes. Domestic abuse is perhaps most commonly thought of as violence between intimate partners, but it can take many forms and be perpetrated by a range of people. For example, Adolescent to Parent Violence and Abuse (APVA).

A safeguarding adults concern should be raised for adults that meet the criteria for safeguarding who are experiencing or at risk of domestic abuse.

For guidance, see: Adult safeguarding and domestic abuse-a guide to support practitioners and managers.

Controlling or coercive behaviour

Where there are concerns of controlling or coercive behaviour, the Controlling or Coercive Behaviour Statutory Guidance framework should be used to inform and guide the safeguarding response. Issued under the Serious Crime Act 2015, it provides information to assist in identifying, evidencing, charging, prosecuting and convicting the offence.

See: Controlling or coercive behaviour: statutory guidance framework.

A child is considered a victim of domestic abuse if they hear, see or experience the effect of the abuse and are related to either the victim or the perpetrator. This includes children being used as a means to coerce or control the victim. This includes unborn children.

Whenever the above applies or may apply, a referral should be made to Children's Services (if not already involved).

Where Children’s Services are involved with the family, it is essential that there is effective joint work to maximise the effectiveness of any intervention for the whole family.

Local domestic abuse service

With the consent of the victim/adult a referral should always be made to a local domestic abuse service. This will ensure that the victim/adult has access to specialist support to reduce the level of risk and future harm. This may include support to obtain a Domestic Violence Protection order or an injunction.

Women's Aid have a directory of local services online: Local support near you

Information about local services may also be available in the Contacts and Practice Resources area.

Domestic Violence Protection Orders

Domestic Violence Protection Orders (DVPO’s) provide protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident.

With DVPOs, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.

For further information see: Domestic Violence Protection Notices and Domestic Violence Protection Orders guidance

NOTE: Domestic Violence Protection Orders will be replaced by Domestic Abuse Protection Orders and Domestic Abuse Protection Notices in 2023.

Injunctions

An injunction is a court order that either:

• Protects the victim or their child from being harmed or threatened by the perpetrator - this is called a 'non-molestation order';
• Decides who can live in the family home or enter the surrounding area - this is called an 'occupation order'.

For further information see: Get an injunction if you’ve been the victim of domestic abuse.

Independent Domestic Violence and Sexual Violence Advisors (IDVA/ISVA)

An Independent Domestic Violence Advisor (IDVA) is specially trained to support a victim of domestic abuse with everything they need to become safe and rebuild their life. This can include help with housing, benefits, navigating the criminal justice process, representing the victim at meetings (such as MARAC) and working with all agencies to ensure an effective overall response. They assess and monitor risk and help develop and review safety plans.

An Independent Sexual Violence Advisor (ISVA) is similar to an IDVA, but they provide specialist support to victims of sexual violence or abuse. This includes those who have experienced violence or abuse that does not meet the definition of domestic abuse.

It is important to note that an IDVA or ISVA is not an advocate and the duty to appoint an advocate under Section 68 of the Care Act 2014 may still apply.

When arranging specialist services for the victim, consideration should also be given to the benefit and availability of a referral to a specialist domestic abuse perpetrator service.

Under the Domestic Abuse Act 2021, support for perpetrators should go hand in hand with coordinated services for the adult.

The Home Office policy paper ‘Standards for domestic abuse perpetrator interventions’ provides practice guidelines for commissioning and delivering interventions and sets out 7 standards:

1. The priority outcome for perpetrator interventions should be enhanced safety and freedom (space for action) for all victim-survivors, including children;
2. Interventions should be located within a wider co-ordinated community response in which all agencies share the responsibility of holding abusive behaviour in view, enabling change in perpetrators and enhancing the safety and freedom (space for action) of victim-survivors and their children;
3. Interventions should hold perpetrators to account, whilst treating them with respect, and offering opportunities to choose to change;
4. The right intervention should be offered to the right people at the right time;
5. Interventions should be delivered equitably with respect to protected characteristics that intersect and overlap;
6. Interventions should be delivered by staff who are skilled and supported in responding to domestic abuse;
7. Monitoring and evaluation of interventions should take place to improve practice and expand the knowledge base.

For information about local services see: Contacts and Practice Resources.

Under the duty to provide information and advice, it may be appropriate and beneficial to share some / all of the following additional sources of support that are available to anyone who is, or may be experiencing domestic abuse:

The consent of the victim/adult should be sought before making a referral. If the victim/adult does not provide consent, a referral should still be made if there are children involved or the level of risk is too high to manage by other means.

A referral should NEVER not be made because the victim/adult has been deemed to have the capacity to consent to the abuse taking place. Under the Domestic Abuse Act 2021, such consent can never be given:

“a person may not consent to the infliction of serious harm and, by extension, is unable to consent to their own death”.

The victim/adult should be informed of the referral, even if they did not wish it to be made.

The victim/adult is not directly involved in the MARAC, but represented by an appropriate advocate (normally an Independent Domestic Violence Advisor).

Before making a referral a DASH Risk Checklist should be completed to confirm whether or not it is appropriate.

Referrals for a MARAC should be made in line with local processes and requirements.

Please note: The DASH Risk Checklist is no longer used by the police but still being used by social services and other partner agencies.  The tool that the police use is called the Domestic Abuse Risk Assessment (DARA).

For further information about DARA please see: Domestic Abuse Risk Assessment (DARA) Information for stakeholders.