Domestic Abuse - Safeguarding Children and Young People (Including the Unborn Child)

Adults, children and young people need to feel safe before they disclose domestic abuse, they need practitioners to be attuned to their needs, and they may need several opportunities over a period of time to talk about their experiences.

Practitioners should be able to recognise signs of domestic abuse for adults of children and to Recognise signs of Abuse, Neglect and Exploitation for Children (including the unborn child).

Common perpetrator behaviours include:

• Criticism and verbal abuse – shouting, mocking, name calling;
• Pressure tactics – sulking, taking away phones, keys money, withholding drugs, lying;
• Disrespect – putting someone down in front of others, talking for, not listening;
• Breaking trust – lying, breaking promises, gas lighting;
• Isolation – blocking calls, stopping someone from seeing friends of family;
• Harassment – following, stalking, using mobile devices to track;
• Threats – gestures, physical size to intimidate, destroying possessions, threatening to harm children, pets’ family members, threatening suicide;
• Sexual Violence – threats, intimidation, rape, degrading treatment;
• Physical Violence – punching slapping, hitting, biting, strangulation;
• Denial – saying abuse did not happen, saying they did not cause it, crying, begging forgiveness.

One chance rule

All practitioners working with domestic abuse need to be aware of the ‘one chance’ rule. That is, they may only have one chance to speak to a potential victim and thus they may only have one chance to save a life. This means that all practitioners working within statutory agencies need to be aware of their responsibilities and obligations when they come across these cases. If the victim is allowed to walk out of the door without support being offered, that one chance might be wasted. 

Because domestic abuse takes many forms it is important to look for more than physical signs of injury, victims of domestic abuse are unlikely to say they are being abused, and practitioners are far more likely to encounter coded disclosure or notice behaviours which raise concern.

Practitioners who work with children, young people and families must work sensitively where they identify risks of domestic abuse.

Practitioners must listen to what children and young people say about their lives as they are experts in their lived experiences (See SPB Respecting the Voice of Child). Where an adult is experiencing domestic abuse, the wellbeing of the children in the household must be prioritised and all assessments must consider the need to safeguard children (including the unborn child) and young people.

Children are very unlikely to use the term domestic abuse, they may not recognise domestic abuse from their experiences, they may be too young to disclose, have disability, English may not be their first language. It is therefore important to think about how to ask about domestic abuse before you do so. Where interpreters are required, these must not be family members. Practitioners may need to ask for support from independent advocacy services.

Children and young people may find it difficult to talk about domestic abuse for many reasons. They might feel ashamed, afraid, may not have the development or language to be able to describe what is happening at home.

Before asking questions, if the child or young person is not physically with them, practitioners should ensure the child or young person is safe to talk, in particular if this is over the phone or through visual online devices. At this point practitioners should ask closed questions:

• Are you alone?
• Is it safe to talk?

When safety is established, practitioners should frame questions by explaining why you are asking. By saying for example:

“Because we care about you, we would like to find out if you have ever been hurt or frightened by a family member or someone you know. We ask everyone this because we want everyone to be as safe as possible.”

If a child or young person shares details of domestic abuse, or any other forms of abuse, it is important to:

• Give them your full attention;
• Reassure them and let them know their feelings are important;
• Let them go to at their pace;
• Check your understanding, use the language they have used to show it is their experience;
• Say “I believe you.”;
• Remind them the abuse is not their fault;
• Be honest about when, where and to who you will share their information.

In situations where an adult or young person discloses domestic abuse practitioners should follow the Domestic Abuse Referral Pathway.

Where a practitioner is working with adults or young people who disclose domestic abuse, and where they have had training, they should Complete a Domestic Abuse Checklist (Dash Risk Checklist), remembering professional judgement may score higher than risks initially disclosed.

Where a person has not had training then referral should be made to specialist services where they can complete a Domestic Abuse Checklist (Dash Risk Checklist).

Where a child (including an unborn child) or young person presents with a health or development need) or where there is a  safeguarding Need (see Statutory Guidance – Levels of Need) practitioners must:

• Follow the SPB Child Protection Procedures, the SPB Children and Young Person Safeguarding Referrals Procedure;
• Refer to the Children and Families Hub;
• In parallel refer an adult or young person with their consent to supportive domestic abuse services (see supportive agencies below);
• Where a child may have been physically abused, suffered neglect or sexual abuse consideration must be given to following the Child Protection Medical Pathway and/or the Child Sexual Abuse Pathway;
• Where there is immediate risk of harm, practitioners must call the police on 999;
• Where domestic abuse is related to an adult at risk, practitioners must raise a safeguarding concern with referral to the Single Point of Referral.

Jersey has services in place where the public and practitioners can access immediate advice and support where they suspect a person, child or young person may be at risk of domestic abuse.

• Jersey Domestic and Sexual Abuse Support (JDAS) and Freeda (Free from Domestic Abuse);
• Sexual Assault Referral Centre (SARC) Dewberry House - centre for people who have been raped or sexually assaulted;
• Where there is time and it is safe to do so, practitioners should consider the need to see children (age and capacity), young people alone in safe settings (e.g. schools) and adults with (with independent advocacy and interpreters who are not related to them where required). So that when critical questions are asked on whether they are experiencing, or have previously experienced, domestic abuse they are given the best opportunities to answer without fear of reprisal;
• Practitioners who are in contact with adults who are threatening or abusive to them need to be alert to the potential that these individuals may be abusive in their personal relationships and assess whether domestic abuse is occurring within the family. Where child abuse is suspected then domestic abuse should also be a consideration;
• When responding to incidents of domestic abuse, practitioners should always find out if there are any children in the household or any children who would normally live in the household. The Police or other agencies should ensure the children are seen and their safety established whenever they attend a domestic abuse incident.

Note - Police refer cases to the Children & Families Hub when they attend domestic related incidents and there are children are in the household. Police share notifications of incidents of domestic abuse with health and education services where there are children in the family.

Practitioners should record any incident in the best detail and if possible verbatim, (this means recording what has been shared with them in the person’s own language where possible and with the use of the person’s exact words). As this may be important in future investigation.

In your recording you should include the where, what and when of your actions in relation to safeguarding.
 
Following statutory guidance, where practitioners decide not to make referrals this should be recorded with reasons behind why they have taken the action they have chosen. If unable to ask on one occasion as the person is with the alleged perpetrator, all attempts should be recorded, with a plan around how support is planned to be offered at a future date.

Children’s brains develop from before birth and into adulthood (Seigel and Bryson, 2012 cited in NSPCC). Positive experiences in utero and childhood help to build healthy brains.

Experiencing childhood trauma from domestic abuse can harm a child’s brain development, (Schonkoff et all 2015, cited in NSPCC). It is crucially important domestic abuse is recognised in the pre-birth window and thereafter at the earliest possible point to prevent lifelong harm (please see Joint Protocol for Multi-Agency Pre-Birth Assessment and Referral Pathway). Exposure to domestic abuse is likely to lead to life changing negative brain development and this is preventable. Domestic abuse disrupts the sensitive interactions with primary caregivers, vital to children’s learning. Babies and children require a secure ongoing relationship with their caregivers and sensitive co-regulation. As compounding on the physiological impact domestic abuse disrupts the attachment between a caregiver and a child and this further has a negative impact on the child’s brain development and stress regulating systems (Muller and Tronick 2019).

Practitioners should use trauma informed methods of practice when working with children and young people who have been exposed to domestic abuse, such as the Trauma Recovery Model.

Practitioners must work in a culturally sensitive way, the culture around justification for domestic abuse can be linked in tradition, custom, faith, honour, religion, thoughts beliefs and values (See SPB Jersey Honour Based Violence (HBV), Forced Marriage, Female Genital Mutilation, Abuse Linked to Faith or Belief, Modern Slavery and Child Trafficking). Cultural competence does not mean ignoring or excusing practices that are against Jersey Law, or that cause or risk causing significant harm to children and young people.

Practitioners sometimes lack the knowledge and confidence to work with families from diverse cultures and religions. A lack of understanding of the religion or cultural context of families can lead to practitioners accepting lower standards for fear of being seen to practice without cultural competence. Please see NSPCC briefing on Culture and Faith: learning from case reviews here.

Challenge must be made on any attempt to justify harm on cultural or religious grounds. Where it is essential practitioners remain focused on the health, development and welfare of the child or young person and that their rights and needs remain paramount.

Assessments should explore the impact of a person’s culture on their life, including spiritual practices, rites/blessings, beliefs and practices surrounding life events, dietary restrictions, personal care, daily rituals, communication social customs and attitudes to health care and support. Practitioners who are unsure should seek support from their safeguarding leads.

Safe lives provide help for practitioners with advice which is both inclusive and culturally sensitive. Certain groups of people face additional barriers to reporting domestic abuse and practitioners may wish to access further support when working with Black and ethnic minority groups, young people, young parents, online abuse, people who use alcohol or substances as means of coping, mental health issues, Honour Based Violence, LGBTQ+ and homelessness.

Where practitioners can access tools to support their practice decision using Power and Control Wheels to assess risk based on the person’s cultural or gender identity or their presenting health or social need.

Children and young people’s barriers to disclosure researched by NSPCC indicated it may take an average of 8 years for disclosure (Allnock and Miller 2019 NSPCC). Children may face additional barriers to telling someone because of their vulnerability, disability, sex, ethnicity and/or sexual orientation.

Being ready for a child’s disclosure is something all practitioners must have in their armoury, as children may disclose (which may be in their behaviours as opposed to verbally) to anyone at any time and that person needs to know what to do in these circumstances.

In almost a third of cases, domestic abuse begins or escalates during pregnancy and domestic abuse will have an impact on the prospective parent’s health. Domestic abuse is associated with increased rates of miscarriage, low birth weight, premature birth, foetal injury and foetal death. Physical abuse poses immediate and at times serious threats to an unborn child as assaults on pregnant women often involve punches or kicks directed at the abdomen, risking injury to both the mother and the foetus. The mother may be prevented from seeking or receiving anti-natal care or post-natal care.

There is currently no legal or government definition of adolescent to parent violence and abuse (APVA). APVA has the following description, “a pattern of behaviour instigated by a child or young person, which involves using verbal, financial, physical, and/or emotional means to practice power and exert control over a parent. The power that is practised is, to some extent, intentional and the control that is exerted over a parent is achieved through fear, such that a parent unhealthily adapts his or her own behaviour to accommodate the child” (Home Office).

While the above definition of domestic abuse applies to those aged 16 or more, APVA can involve children under 16 as well as over 16. Please click here for the AVPA Information Booklet 2017.

According to the author of Jersey’s Domestic Homicide Review Dr Jane Monkton Smith, women account for 80 % of domestic homicide victims and most are targeted by either a former or current partner. Controlling behaviour within a relationship is a key indicator of future violence and Dr Monkton Smith identified 8 steps which play out in the majority of Domestic Homicides (see Homicide Specialist site here).

Practitioners in contact with children and their families in cases should consider Dr Monkton Smith’s 8 steps when assessing risk of homicide:

1. History - The perpetrator’s previous history of stalking or abuse;
2. Commitment Whirlwind – How this relationship developed. Was it a whirlwind romance, (known as love bombing)? The motivation of the parent in seeking/maintaining contact with the child/ren - is it a desire to promote the child’s best interest or as a means of continuing intimidation, harassment or violence to the other parent?
3. Relationship - did the perpetrator quickly establish a dominance dynamic to maintain control over their partner? Consider the pattern of power, control and intimidation in addition to the physical violence and signs of tracking and monitoring. Consider the level of coercive or manipulative behaviour of the parent who was violent;
4. Trigger Event – separation (this can be actual, imagined or threatened), ill health of the perpetrator or victim, financial ruin or significant threats to status;
5. Escalation in behaviours – increased frequency and severity of controlling behaviours, stalking, threats of suicide and threats of violence for example to kill or injure. Any threats to hurt or kill family members or abduct the child/ren;
6. Change in Thinking – loss of control as this appears irretrievable, irretrievable loss of status, and decisions on how they will resolve this;
7. Planning – reconnaissance, stalking, web searches, purchase of weapons, restraints, seeking opportunities Any reported stalking or obsession about the separated partner or the family;
8. Homicide – with or without confession, homicide with suicide, missing person, suicide, suspicious death, accident, extreme levels of violence where death would have been possible.

There are many risk assessment models and ‘tools’ available for practitioners who should feel confident in their use, if not then training and specialist services can offer support. Information from the public, family or community members must be taken sufficiently seriously by practitioners in statutory and voluntary agencies. Recent research evidence indicates that failure to do so has been a contributory factor in a substantial number of cases where a child has been seriously harmed or died.

Risk of violence towards practitioners should be considered by all agencies where they are working with a victim of domestic abuse and assessments of there should be organisation assessment of risk for staff undertaken where necessary. It is acknowledged that intimidatory or threatening behaviour towards practitioners may inhibit their ability to work effectively and where there may be reluctance or inability to see a child in their home these further increases risk to the child.