DOMESTIC VIOLENCE. AN MP s GUIDE. Supplementary Booklet

Transcription

1 DOMESTIC VIOLENCE AN MP s GUIDE Supplementary Booklet

2 CONTENTS PAGE Foreword Page 1 Introduction: Aims of booklet, recognising domestic violence Page 2 Government action and national delivery Page 4 Domestic violence and children Page 7 Encouraging reporting to the police Page 8 Legal protection and advice: civil remedies, legal aid etc Page 9 Perpetrators of domestic violence Page 14 Useful numbers Page 15 ISBN:

3 FOREWORD Domestic Violence is a terrible crime which destroys the lives of victims and their children. Domestic violence occurs across society, regardless of age, gender, ethnicity, sexuality, wealth and geography. The figures show, however, that it consists mainly of violence by men against women. Children are also affected. Not only are many traumatised by what they witness, there is also a strong connection between domestic violence and child abuse. This government, since taking office in 1997, has put into place a series of legislative and practical measures which gives greater protection to victims and their children and bring perpetrators to justice. We now have a National Delivery Plan for Domestic Violence which sets out a strategic framework ranging from early intervention and prevention through to the rehabilitation of perpetrators and resettlement of victims. The Plan also recognises children as victims of domestic violence whose life chances will be affected by what they hear and what they see in the home. We all have a responsibility to tackle domestic violence: in both our personal lives, with our families and in our communities. We therefore recommend this Guide as a practical tool for use when your help is sought with cases of domestic violence within your constituency. The Rt Hon Dr John Reid MP Secretary of State for the Home Department (Home Secretary) The Rt Hon Baroness Scotland of Ashtal QC Minister of State for the Criminal Justice and Offender Management Page 1

4 INTRODUCTION Aims of the Booklet This booklet offers information for MPs and their constituency offices on what practical help is available for victims of domestic violence. It outlines what national support services can be accessed; the legal and statutory options that are available to victims and also outlines what can be done to assist those victims with insecure immigration status. This booklet is an accompanying tool to the Domestic Violence: An MP s Guide leaflet which has also been published. Recognising domestic violence The Government definition of domestic violence is: 'Any incident of threatening behaviour, violence or abuse (psychological, physical, verbal, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.' This follows the definition already used by the Association of Chief Police Officers and is wider than that previously used by the Home Office. It incorporates violence between adults who are, or were, intimate partners and violence between family members. This ensures that those issues of major concern to Black Minority Ethnic (BME) communities, such as forced marriage, crimes committed in the name of honour and female genital mutilation, are properly reflected. Page 2

5 GOVERNMENT ACTION AND NATIONAL DELIVERY In 2004 we introduced the Domestic Violence, Crime and Victims Act: the biggest overhaul of domestic violence legislation for 30 years. The Act gives greater protection to victims and children and encourages them to stand up for their right to live without fear of violence. Building on the new legislation, our National Delivery Plan for Domestic Violence outlines how the government will seek to ensure the best possible help for victims and to encourage them to come forward in the certainty that they will get the help, protection and support they need. It also provides measures that are designed to bring more perpetrators to justice. In relation to early identification and intervention, we are doing more to ensure that we create environments where victims are proactively enabled to disclose: in health, the government has rolled out routine enquiring about domestic violence with all pregnant women; in education, domestic violence is being included in all the routine assessments of children; in partnership with the government, employers have formed a Corporate Alliance Against Domestic Violence representing approximately 160 companies and over 2 million employees, who are now better protected by robust domestic violence work place policies; the development of the Forced Marriage Unit (a joint Unit run by the Foreign and Commonwealth Office and the Home Office) which continues to provide assistance to approximately 300 victims and potential victims of forced marriage a year; Local Authorities now have the resources to develop a range of accommodation options for victims of domestic violence and the Government recently published guidance on how local areas can set up Sanctuary Schemes. Page 3

6 GOVERNMENT ACTION AND NATIONAL DELIVERY Real progress has been achieved in the criminal justice response to domestic violence. The police, crown prosecutors, the judiciary and the probation service. Now: every police force, Crown Prosecution Service (CPS) area and probation area has a dedicated Domestic Violence Coordinator; Domestic violence training is being rolling out to all police officers and CPS prosecutors with a target of all staff to be trained by March 2008; good practice policy and guidance has been issued to police forces and to CPS prosecutors on the effective investigation and prosecution of domestic violence cases. Encapsulating these changes has been the development of Specialist Domestic Violence Courts (SDVCs). The SDVC Programme of work ensures that the courts, and the wider CJS recognises the difficulties faced by victims of domestic violence and introduces a system which puts their needs at the heart of the proceedings. The continued expansion of the SDVC Programme in 2006/07 means there will be 64 SDVCs operational by April The Government has funded the development of Independent Domestic Violence Advisors (IDVAs) and Independent Sexual Violence Advisors (ISVAs) to support victims through the CJS which has increased successful outcomes. There are established risk factors associated with domestic violence cases that could potentially result in serious harm. They are often divided into 5 main categories: 1. Nature of the abuse e.g. emotional, physical, sexual 2. Historical patterns of behaviour e.g. previous convictions or abusive behaviour 3. Victim s perception of risk e.g. specific fears for themselves and children, pets 4. Specific factors associated with an incident e.g. use of weapon, threats to kill 5. Aggravating factors e.g. pregnancy, drugs, alcohol, financial problems. Page 4

7 GOVERNMENT ACTION AND NATIONAL DELIVERY Services which work with victims and perpetrators of domestic violence use risk assessment tools or checklists to identify the risk levels associated with domestic violence cases. Multi-Agency Risk Assessment Conferences (MARACs) are a recent development for high risk victims of domestic violence that have been set up in SDVC areas and are being rolled out further in 2007/08. By sharing information on identified high risk victims, agencies can get a more complete picture of the scale and context of the abuse. They are then able to pool their resources to develop responses that are tailored to the needs and goals of individual victims and their children. Safe information-sharing also allows agencies to manage the perpetrator in ways that reduce risk. Traditionally, support services for those experiencing domestic violence have focused on helping the victim make choices. With a MARAC, all relevant local agencies share some of this burden and help manage the risk that the victim faces. Domestic Violence, Crime and Victims Act 2004 The Domestic Violence, Crime and Victims (DVCV) Act 2004 introduced a number of new powers, and amendments to existing ones, to strengthen the victim s case when brought to the attention of criminal justice system. The Act has been rolling out in stages since March The sections which relate to domestic violence and which have been implemented are: Sections 2 and 3 of the DVCV Act 2004 which amends Part 4 of the Family Law Act to include cohabitants and former cohabitants and same-sex couples were implemented in December Section 10(1) of the DVCV Act 2004 was intended to amend the Police and Criminal Evidence Act (PACE) 1984 to make common assault an arrestable offence. However, from 1st January 2006, section 10 was superseded by section 110 of the Serious Organised Crime and Police Act 2005 which provided a constable with the power of arrest for all offences. Page 5

8 GOVERNMENT ACTION AND NATIONAL DELIVERY The sections which relate to domestic violence and which have not yet been implemented are: Sections 1 and 4 which amend Part IV of the Family Law Act 1996 to make breach of a non-molestation order a criminal offence and extends the use of non-molestation orders to cohabitants and former cohabitants and same-sex couples (implementation due from July 2007); Section 9 which will introduce a statutory basis for local bodies to conduct domestic homicide reviews; and Section 12 which amends the Protection from Harassment Act and extends the court s powers to issue restraining orders (implementation due from July 2007). Page 6

9 DOMESTIC VIOLENCE AND CHILDREN From 2005, the legal definition of significant harm to children was extended to include the impairment suffered by seeing or hearing the ill-treatment of another, particularly in the home, even though they themselves have not been directly assaulted or abused. Research evidence suggests that children exposed to domestic violence can be negatively affected in every aspect of their functioning, health, safety, school attendance and achievement, economic well-being and emotional development. In the most extreme cases children are at risk of serious injury or death. Supporting the non-abusing parent is usually the most effective way of reducing risks to a child. Research into the needs of children affected by domestic violence has found that their two primary needs are to be safe and to have someone to talk to. Children want to be listened to, to be taken seriously, told what is going on and involved in decisions. With the implementation of the Children Act 2004, the leadership responsibility for helping children experiencing domestic violence now lies with the Local Authority Director and Lead Member for Children s Services and Local Children s Safeguarding Boards. Every Child Matters: Change for Children, sets out the government s approach to the well-being of children and young people from birth to age 19. Guidance and resources are available at: Child contact considerations There are also specific concerns about children's safety and well-being at the point at which their parents are separating. Maintaining safe contact between both parents following parental separation has generally been recognised as being in the best interest of the child's emotional and social development. In many cases, parents agree on child contact arrangements. However, there are various reasons why this does not always happen, and domestic violence is clearly a factor in some cases. The Children and Family Court Advisory and Support Service (CAFCASS) looks after the welfare of children involved in family court proceedings. CAFCASS officers are independent, qualified in social work and experienced in working with children and families. Page 7

10 ENCOURAGING REPORTING TO THE POLICE The Association of Chief Police Officers (ACPO) has produced guidance on investigating domestic violence, which gives an introduction to the general features of domestic violence, and then goes through the various aspects of police involvement: from arrival on the scene; evidence gathering and arrest; to interviewing and charging of the perpetrator. ACPO has also produced guidance on risk assessment and dealing with perpetrators of domestic violence who are police officers One of the most significant shifts in the way the police handle domestic violence incidents has been the adoption by police forces of positive action policies in accordance with the ACPO guidance. The police have a duty of positive action, under the Human Rights Act 1998, to take reasonable action within their powers to safeguard the rights of victims and their children. Every police force has at least one dedicated Domestic Violence Officer (DVO). DVOs are trained specialists who can respond to domestic violence incidents; provide advice to other police officers; assist with, or take responsibility for the full investigation of domestic violence cases; identify and assess risk; manage identified risk factors and monitor the implementation of safety measures. It is vital that victims and other witnesses are able to feel confident in coming forward and reporting the crime to the police. Encourage your constituent to visit the local police station to report a crime or to contact the police by telephone and ask to speak to a DVO. Page 8

11 LEGAL PROTECTION AND ADVICE Seeking advice from solicitors In addition to contacting the police and accessing criminal remedies, your constituent may also wish to use the civil sanctions to get protection. Part IV of the Family Law Act 1996 (FLA 1996) provides your constituent with a civil remedy for molestation or violence and the power to regulate occupation of the home. Its purpose is to protect those people who experience violence in a family relationship. Under the FLA 1996 the court can grant occupation orders and non-molestation orders: Non-molestation order: forbids the violent partner from molesting your constituent and/ or their children. It can also stop the violent partner from getting someone else to carry out certain acts on their behalf. Occupation Order: This order can exclude the violent partner from the family home and can prevent the violent partner from coming within a given area of the home. It allows your constituent to stay in the family home. Breach of either a non-molestation order or an occupation order may also be dealt with in a family court by way of committal to prison for contempt of court. The violent partner may be arrested under a power of arrest (if one is attached to the terms of the order) or under the terms of a warrant of arrest which may be applied for following an alleged breach. When Section 1 of the DVCV Act 2004 comes into force it will be considered a criminal offence to breach. A guidance leaflet can be found at: Page 9

12 LEGAL PROTECTION AND ADVICE Under the FLA 1996 a person can apply for a non-molestation order against someone other than a spouse or cohabitee. A person can apply for a nonmolestation order against: - a former spouse/civil partner or cohabitee; - someone they have shared a household with, other than where one person is the other s employee, tenant, lodger or boarder; - a relative (certain relationships only); - a person to whom she/he is/was engaged or a person whom they have entered into a civil partnership agreement with; - the parent of a child or those who have parental responsibility for a child; and - a party to the same family proceedings. Anyone including those who fall within the categories above can seek protection. Constituents who do not fall within these categories can seek civil protection under the Protection from Harassment Act 1997 (PHA 1997). The main advantage of this Act is the availability to women who have not lived with their abusive partner, nor had children with him. The PHA 1997 is a significant remedy for victims who cannot seek protection under the Family Law Act 1996 because they do not fall within the strict criteria for applicants set out by that Act. Legal aid Anyone in England and Wales is entitled to seek legal advice and assistance from a solicitor on any point of UK law. A solicitor will be able to advise the person on the provision of further legal aid for any related proceedings. Further information on legal aid in England and Wales may be obtained from the Legal Services Commission Alternatively information on legal aid provisions can be provided by a local Domestic Violence Police Officer, the Citizens' Advice Bureau, or local specialist support services for victims of domestic violence. Page 10

13 LEGAL PROTECTION AND ADVICE Housing The dynamics of domestic violence mean that accommodation can play a vital role in the resolution of interpersonal violence and conflict. It is the foundation to ensuring that adult and child victims are afforded safety and security. Local authority housing departments and local housing policies will often determine whether a victim can secure an immediate place of safety. If your constituent would like the violent partner to leave the home, there are a number of steps that can be taken depending on the personal circumstances: if the victim shares a joint tenancy or housing association, the violence can be reported to the landlord who can evict the perpetrator if the victim is in agreement; the victim may wish to discuss with a solicitor the possibility of obtaining a non-molestation order. Under the Family Law Act 1996, a non-molestation order can forbid the abuser from using or threatening violence, harassing, pestering or intimidating the victim. Domestic violence victims can apply for an order against someone you live with or have lived with (whether or not you have been married); someone the victim has agreed to marry or someone who shares parental responsibilities for a child with the victim. When section 1 of the DVCV Act 2004 is implemented any breach of a nonmolestation order is a criminal offence and as such is punishable with the full range of sanctions available to the criminal court. Victims require a wider range of accommodation options to ensure their safety. Local authorities have developed a number of outreach programmes and innovative approaches in order to help people sustain their accommodation. The Sanctuary Scheme is one such example of preventing homelessness by providing security measures to allow those experiencing domestic violence to remain in their own accommodation where they choose to do so, where safety can be guaranteed and where the perpetrator no longer lives within the accommodation. It should be available across tenures and when relevant where the landlord of a property has given permission for the work to be carried out. Page 11

14 LEGAL PROTECTION AND ADVICE You can contact your constituent s local authority to find out if Sanctuary Schemes are available in their local area. Victims subject to immigration control A number of changes to the immigration rules have been made to protect any potential victim. In 2002, the rules were amended to widen the category of evidence which victims of domestic violence may use as proof. In November 2004 several changes were announced to the way the Home Office s Immigration and Nationality Directorate (IND) handles cases that fall within the domestic violence provisions of the Immigration Rules. Applications from victims of domestic violence are now prioritised and, where the applicant is destitute, the usual fees are waived, although those victims who are still subject to immigration control cannot access public funds until their application has been decided. These provisions mean that a person can be granted settlement if domestic violence occurs during the probationary period while the marriage is subsisting and is the reason for the marriage breaking down and their application is made whilst they still have limited leave to enter or remain in the United Kingdom (UK). In order to be eligible for indefinite leave to remain in the UK as a victim of domestic violence an applicant must demonstrate to the Secretary of State that they meet the requirements of the Immigration Rules, namely that: they have been granted limited leave to enter or remain (known as the probationary period ) in the UK as the spouse or unmarried partner of a person present and settled here; they are no longer living with the sponsor; domestic violence has occurred during the probationary period while the marriage or relationship was subsisting; domestic violence was the reason for the breakdown of the marriage or relationship; and they can submit evidence required that domestic violence has taken place. Page 12

15 LEGAL PROTECTION AND ADVICE There have been several changes to the way the Home Office s Immigration and Nationality Directorate (IND) handles cases that fall within the domestic violence provisions of the Immigration Rules and have no recourse to public funds. In 2002, the rules were amended to widen the category of evidence which victims of domestic violence may use as proof of domestic violence. Domestic violence victims who suffer from domestic violence and have no recourse to public funds are one of a number of groups in difficult circumstances. These groups may be in vulnerable circumstances and local authorities should take these into consideration when assessing their eligibility for social care. This will be done on a case by case basis. Recognising the difficulties that domestic violence victims with no recourse to public funds face in accessing housing and other assistance, the Home Office wrote to all local authorities in February 2006 highlighting the fact that authorities can assess such cases under the NHS and Community Care Act 1990, the Local Government Act 2000 section 2, and the Children Act 1989 where applicable. Page 13

16 WORKING WITH PERPETRATORS OF DOMESTIC VIOLENCE Some perpetrators of domestic violence may approach you who are concerned about their behaviour towards their partner and wish to seek help. There are a number of self-referral perpetrator programmes that the offender may wish to join, although these are not available in all areas. For further information they are able to call the RESPECT phone line listed at the back of this leaflet who can signpost them to appropriate services. For those perpetrators who have been convicted of domestic violence related offences, there are two accredited programmes available as part of a community sentence: The Integrated Domestic Abuse Programme (IDAP) and the Community Domestic Violence Programme (CDVP). These courses are available in all probation service areas in England and Wales. The design of the programmes is based on the best available research evidence into effective work with domestic abuse perpetrators. Both programmes are intended for adult men whose abuse occurs in the context of a heterosexual relationship. Page 14

17 USEFUL NUMBERS If you ever feel your constituent is in immediate danger, you should advice them to call 999 (the emergency services). Police Service Ask your constituent to speak to the local domestic violence Officer at their local police station. National Help lines Free phone 24- Hour Domestic Violence Helpline run in partnership between Women's Aid and Refuge Welsh 24-Hour Helpline Forced Marriage Unit information on cases of forced marriage involving British nationals, both domestic and international (out of hours: ) Refuge offers a range of services which increases women's choices and gives them access to professional support whatever their situation Women s Aid is the national domestic violence charity who co-ordinate and support over 500 domestic and sexual violence services across the country. BME Contacts Black Association of Women Step Out (B.A.W.S.O) Imkaan Southall Black Sisters Gay/Lesbian/Bisexual/Transgender Broken Rainbow (lesbian, gay, bisexual and transgender help line) Legal Advice Community Legal Services Direct Male Victims Male Advice Line and Enquiries (MALE) Other Contacts Asylum Aid General Advice Line Corporate Alliance Immigration and Nationality Directorate Joint Council for the Welfare of Immigrants (JCWI) Rape Crisis Centre Samaritans (24 hours) Refugee Action Victim Support Perpetrators RESPECT help line Page 15