Domestic Abuse Policy and Procedure

If you would like a hard copy of these publications, or would like it in larger print, audio form, Braille, or in another language, please contact our Customer Services Team.

Purpose of Policy

The purpose of this domestic abuse policy and associated processes is:

• To encourage those experiencing domestic abuse to report it and be confident that complaints will be treated seriously, sympathetically and in confidence.
• To prevent and reduce the risk of harm to those individuals involved in domestic incidents
• To support individuals in maintaining control over their lives to make informed choices without coercion.
• To ensure the correct sharing of information guided on a case by case basis
• To improve services through work with DAHA
• To hold perpetrators to account

Policy Statement

• We are committed to customer involvement in our policy formation and decision-making processes. This policy sets out the ways in which we will enable our customers to influence matters that significantly affect them and empower them to become more involved.

• We are committed to equality and diversity and the prevention of discrimination. We will endeavour to promote inclusion and representation and will do all we can to prevent discrimination against individuals and groups as a result of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage and civil partnership, pregnancy and maternity.
• It is our intention that all information will be produced in plain English. However, we will endeavour, when requested, to provide information in another language, larger print, audio format or Braille.

Domestic Abuse Policy Statement

• Homes in Sedgemoor are committed to the duty of care to safeguard individuals that are identified by colleagues, contractors or other agencies carrying out visits on Homes in Sedgemoor’s behalf as potentially being a victim of domestic abuse.
• This statement sets out Homes in Sedgemoor’s policy on dealing with domestic abuse.

Definitions

• The definition of Domestic Abuse was introduced within the Domestic Abuse Act 2021 and is as follows:
  • Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
    • A and B are each aged 16 or over and are personally connected to each other, and
    • the behaviour is abusive
  • 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 (see subsection (4));
    • psychological, emotional or other abuse;
    • and it does not matter whether the behaviour consists of a single incident or a course of conduct.
  • “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
    • acquire, use or maintain money or other property, or
    • obtain goods or services.
  • For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).
  • Definition of “personally connected”
    • For the purposes of this Act, two people are “personally connected” to each other if any of the following applies—
      • 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 (whether or not the agreement has been terminated);
      • they have entered into a civil partnership agreement (whether or not the agreement has been terminated);
      • 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 in relation to the same child (see subsection (2));
      • they are relatives
    • For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if—
      • the person is a parent of the child, or
      • the person has parental responsibility for the child.
    • In this section—
      • “child” means a person under the age of 18 years;
      • “civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;
      • “parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act);
      • “relative” has the meaning given by section 63(1) of the Family Law Act 1996
    • Protection of Freedoms Act 2012 – Stalking:
      • In November 2012, the Protection from Harassment Act 1997 was updated by provisions made in the Protection of Freedoms act 2012, creating two new offences of stalking. The two new offences were made under sections 2a and 4a of the 1997 act and cover:
        • Stalking
        • Stalking involving the Fear of Violence or Serious Alarm or Distress
      • The amendments also set out new police powers to enter and search premises (on provision of a warrant – section 2B.)
• The Domestic Abuse Act 2021 has been introduced to:
  • raise awareness and understanding about the devastating impact of domestic abuse on victims and their families
  • further improve the effectiveness of the justice system in providing protection for victims of domestic abuse and bringing perpetrators to justice
  • strengthen the support for victims of abuse by statutory agencies
• Effective safeguarding is achieved when agencies share information to obtain an accurate picture of the risk and then work together to ensure that the safety of the victim at risk is prioritised. In high-risk situations it may be relevant to use the Multi-Agency Risk Assessment Conference (MARAC) process. The four aims of a MARAC are as follows:
  • To safeguard victims who are at high risk of future domestic abuse;
  • To make links with other public protection arrangements in relation to children, people causing harm and vulnerable adults;
  • to safeguard agency colleagues, and;
  • to work towards addressing and managing the behaviour of the person causing harm.

Responsibilities

• The Director of Neighbourhoods is the Safeguarding Lead within the organisation and has responsibility for demonstrating clear strategic lead and ensuring that safeguarding adults and children occurs across all areas of the business. As the champion for safeguarding vulnerable adults and children within Homes in Sedgemoor the lead will ensure that we work in partnership with key partners to address any concerns.
• The Neighbourhood team is responsible for receiving and recording information relating to concerns regarding domestic abuse incidents.
• All colleagues including agency, volunteers and contractors are responsible for understanding reporting and sharing information with regard to the safeguarding of adults and children where signs of domestic abuse exist. Ultimate responsibility lies with Strategic Management Team.
• The Safeguarding Lead is responsible for ensuring all staff receive the training on domestic abuse relevant to their role.

Processes and Procedures related to this policy

• HIS have produced a suite of procedures that outline our approach to assessing and investigation of reports of domestic abuse. These processes include:
  • Safeguarding policy
  • Domestic Abuse flowchart
  • Safeguarding flowchart
  • MARAC operating protocol
  • ACPO DASH risk assessment
• A copy of our processes and procedures are available for customers to view on our website or by post on request.

Monitoring and Review

• We maintain a record of domestic abuse referrals on our housing management systems to ensure each referral is managed and responded to as appropriate.
• We will provide an annual report to Board at the end of each financial year as a summary of activities undertaken within this policy and procedure as part of the annual safeguarding report to Board. We will provide a quarterly return to Sedgemoor Safeguarding Champions about referrals received.
• We will review and consult on this procedure every three years subject to regulatory and legal requirements, seeking comments from stakeholders, partners, and customers as well as reviewing it against current good practice. We will consult and liaise with DAHA and other DA forums to improve services to customers.

Homes in Sedgemoor – Domestic Abuse Policy

• This policy is drawn up with reference to: (legislation)
  • General Data Protection Regulations 2018
  • Care Act 2014
  • Protection of Freedoms Act 2012
  • Equalities Act 2010
  • The Safeguarding Vulnerable Groups Act 2006
  • The Mental Capacity Act 2005
  • Children’s Act 2004
  • The Domestic Violence, Crime and Victims Act 2004
  • The Crime and Policing Act 1998
  • The Protection From Harassment Act 1997
  • The Domestic Abuse Act 2021.
• Reference made to the following sources and guidance: (best practice etc)
• Working Together to Safeguard Children (2018)
• National Framework of Standards for Good Practice and Outcomes in Adult Protection Work
• Somerset Local Safeguarding Children Partnership
• Somerset Local Safeguarding Adults Board