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.

Professionals should follow the referral pathways in this Pathways Poster for Professionals. You can find further information about each service below:

Safe Accommodation, delivered by Safer Places

A countywide service to support victims of domestic abuse at any risk level, and their children, within safe accommodation (refuge).

Area covered: Hertfordshire countywide.

Eligibility criteria: Individuals of any risk level, aged 16+ (must consent to receive support), fleeing domestic abuse into safe accommodation. Individuals living/working in Hertfordshire, or who are fleeing to Hertfordshire from out of area.

Referral process: Phone 03301 025 811 (preferred) or email referrals@saferplaces.co.uk.

Independent Domestic Violence Advocacy/Advisors (IDVA), delivered by Refuge

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.

Area covered: Hertfordshire countywide.

Eligibility criteria: Individuals (all genders, aged 16+, must consent to receive support) at high risk of harm or homicide from domestic abuse (using DASH/DARA risk assessment or professional judgement). Individuals’ children aged 0-15 are not eligible for direct support, however providers work closely with relevant agencies to safeguard at-risk children, including making referrals and signposting to alternative services for support, as appropriate.

Referral process: 0300 790 6772 or hertsidva@refuge.org.uk contact details for professionals and self-referrals. 9-5 Monday, Wednesday, Friday. 9-8 Tuesday and Thursdays.

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.

Independent Sexual Violence Advocacy/Advisors (ISVA), delivered by One YMCA

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.

Housing Advocacy Service, delivered by Refuge

Supports individuals with safe accommodation needs to secure safe and appropriate housing.

Area covered: Hertfordshire countywide.

Eligibility criteria: Individuals of any risk level, with a housing need.

Referral process: Email hertshousingadvocates@refuge.org.uk or phone 01923 932847 (9am-5pm Mon-Thurs, 9am-8pm Fri).

Community Outreach Service (COS), delivered by various organisations

Specialist support in the community for victims of domestic abuse (and their children) who are assessed as being at standard or medium risk of harm. Community Outreach Workers will work one-to-one with victims to:

• Conduct a risk and needs assessment;
• Provide safety and support planning;
• Offer practical and emotional support;
• Work with other agencies to ensure victims’ needs are met and the risk of further harm is minimised.

Eligibility criteria: Individuals of all genders aged 16+, living in Hertfordshire or intending to flee to Hertfordshire, assessed as being at standard or medium risk of harm from domestic abuse (using DASH-RIC risk assessment tools in conjunction with professional judgement). Individuals must consent to being referred. Children aged 0-15 are not eligible for direct support, however providers work closely with relevant agencies to safeguard at-risk children, including making referrals and signposting to alternative services for support, as appropriate.

Area covered & referral process: The Community Outreach Service (COS) is delivered on a double-district basis, to ensure that support is localised. Professionals should refer their service users directly into their local COS. Find contact details for the Community Outreach Service in your local area. Please see Community Outreach Service Referral Pathways.

Members of the public who want to self-refer into the COS should contact the Hertfordshire Beacon Domestic Abuse Support Hub (DASH). They will speak with victims, risk assess and refer them directly into the correct service in their local area (including high-risk services where appropriate). Further information for professionals about the Hertfordshire Beacon DASH chrome, see Local Resources.

DASH Area covered: Hertfordshire countywide.

DASH Referral process: Call 0300 002 0008 (Mon-Fri, 9am-4:30pm) or email Beacon.DASH@oneymca.org. DASH takes self-referrals and referrals from professionals.

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: It is anticipated that from 2026 Domestic Violence Protection Orders will be replaced by Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs). There are currently pilots underway in several areas.

Stalking Protection Orders

A Stalking Protection Order (SPO) protects victims of stalking. Only the police can apply for an order but, once in place it can prevent the perpetrator from doing certain things (such as entering locations where the victim lives or visits often) or order them to do others (such as provide the police with access to their social media accounts and devices). Breaching a SPO is a criminal offence.

For further information see: Stalking Protection Orders.

Victims of stalking can also contact the National Stalking Helpline for advice and support.

For further information see: National Stalking Helpline.

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:

Caption: Other Support for the Victim/Adult

Herts Sunflower	A website providing:  Information and advice about domestic abuse and violence against women and girls; Signposting to support services available in Hertfordshire for anyone experiencing domestic abuse or violence against women and girls, or who has experienced it in the past: Groups that can help you; Please note: the website does not have webchat or any other interactive function. It cannot give individualised advice or refer directly into any services. It is for information purposes only.
Hertfordshire Domestic Abuse Helpline	Helpline: Call 08 088 088 088 (9am-9pm Mon-Fri, or 9am-4pm weekends) Available online: Email kim@mailpurple.org An anonymous and confidential listening, support and signposting service; Please note: The helpline cannot refer anyone directly into any other service, but will recommended options based on each person’s individual situation and wants/needs.
Refuge – National DA helpline	24 hour helpline: 0808 2000 247 Website: www.nationaldahelpline.org.uk Available online: Live chat; Online message form.
Bright Sky	Bright Sky is a safe, easy to use app and website that provides practical support and information on how to respond to domestic abuse. It is for anyone experiencing domestic abuse, or who is worried about someone else. The app can be downloaded for free from the app stores.   Website: www.hestia.org/brightsky
Women's Aid	Email: helpline@womensaid.org.uk Website: www.womensaid.org.uk Available online: Live chat; Email contact; Survivors Forum.
Comprehensive List of Specialist Sources of Support - GOV.UK	Website: Domestic abuse: specialist sources of support (GOV.UK)  Included are: Support for children and young people;  Specialist services for specific groups including but not limited to LGBT+, older adults, deaf people, Muslim adults and the Jewish community;  Welfare benefits and housing advice;  Advice for victims with unsettled status in the UK;  Support for specific types of abuse.

• Herts Sunflower’s ‘Groups that can help you’ page: Groups that can help you;
• 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.

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 the MARAC criteria are met. Further details on when to make a MARAC referral can be found below.

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”.

Informing the victim/adult of the MARAC referral when they don’t consent should be taken with caution as it could cause further mistrust in authorities and result in the adult no longer wanting to work with certain services. Informing the adult should be first discussed with a specialist domestic abuse service.

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

Who can refer to MARAC?

Any professional working with victims, children or perpetrators can refer to the MARAC. The referral should be made by the person who identified the risk. The referral should be made direct to MARAC immediately to avoid unnecessary delays in safeguarding.

You should make a MARAC referral if at least one of the four criteria is met. These are;

• Visible high risk:
  • 14 or more ‘yes’ answers on the DASH risk assessment.
• Professional judgement:
  • Professional judgment should be exercised at all times, particularly in cases where there is a lack of information. You may be supporting a victim who is not able to fully disclose due to fear or other reasons. There may also be concerning factors such as risks posed by the perpetrator that you are aware of. This criterion allows you to use your discretion to make a referral where you have serious concerns about a victim’s safety due to domestic abuse.
• Potential escalation:
  • Incidents should not just be seen in isolation, as this may result in patterns and risk being missed. When there are 4 domestic abuse incidents within a 12 month period then this criteria should be used. This can include 4 police call outs, 4 attendances to A&E, 4 calls for housing repairs as a result of domestic abuse.
• Repeat referral:
  • If you are aware of a further incident of domestic abuse occurring between the same victim and perpetrator within the 12 months following the case being discussed at MARAC then the case should be referred back to MARAC. A further incident suggests the current safety plan is not working and needs revisiting. The incident does not need to be criminal, nor reported to any other professional.

For further information about MARAC referral criteria, please see: Marac-Referral-Criteria.doc (live.com).

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.

Further information and support

Most agencies have a MARAC representative and a MARAC strategic lead. If you know who yours is, then reach out to find out more about their role and responsibilities, if you do not know who this is, please contact the MARAC coordinator who can assist.

For further information on Hertfordshire’s MARAC, contact details, how to refer and access to the relevant forms please follow this link:

Multi-Agency Risk Assessment Conference (hertssunflower.org)