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Government Policy Around Domestic
Violence
Summary of headings
- Introduction
- Defining domestic violence
- Prevalence
- The Government response
- Inter-agency co-operation
- Raising awareness
- Improving statistics
- Police
- Crown Prosecution
Service
- Probation
- Civil law
- Safe accommodation
- Addressing offending
behaviour
- Further information
- Summary Reference List
1.
Introduction
1.1 The Government is committed to
tackling domestic violence on every front. Domestic
violence is unacceptable in itself. It also damages
many areas of the lives of victims – housing, health,
education and the freedom to live their life without
fear and in the way they wish.
1.2 As the Government’s strategies
on domestic violence and on violence against women are
developed they will take full account of existing commitments
to tackling crime in general, and to promoting equality
and opportunity for women. Other policies, such as those
on health, housing and community safety, will also form
part of creating the conditions for a safer and healthier
society.
1.3 The Government accepts the need
for strategies which couple prevention with support
for those who have already been victimised. It aims
to ensure that violence and abuse occurring in a close
relationship or a domestic situation are treated seriously
and effectively by the courts and the wider criminal
justice system. It is important to create greater awareness
of domestic violence among the public and relevant professionals.
It is also vital that agencies work together and continue
to improve their methods of communication and co-operation
as well as their individual practice.
2. Defining
domestic violence
2.3 The 1993 Home Affairs Select Committee
(HASC) Report on Domestic Violence used the following
definition of domestic violence:
"any form of physical, sexual
or emotional abuse which takes place within the context
of a close relationship. In most cases, the relationship
will be between partners (married, cohabiting, or otherwise)
or ex-partners".
The HASC noted that, in most cases,
the abuser was male and the victim female. This is not,
however, to deny the existence of other forms of violence
within households. Some of the most physically violent,
incidents are those committed by men on their female
partners, but there are also attacks by women on men,
and within same-sex relationships. The government recognises
that women are more likely to experience domestic violence
at some point in their lives, more likely to experience
repeat victimisation, more likely to be injured and
to seek medical help, more likely to experience frightening
threats and more likely to be frightened and upset.
2.4 The Committee also noted that
domestic violence is not limited to any particular social
group or class, but occurs across the social spectrum.
The wide range of abuse experienced by victims distinguishes
domestic violence from attacks by strangers. Domestic
violence can take a number of forms such as physical
assault, sexual abuse and rape, threats and intimidation
which are criminal offences. In its most extreme form
it may lead to homicide. Physical violence may be accompanied
by other forms of intimidation such as degradation,
mental and verbal abuse, humiliation and deprivation
(which can involve keeping women without money and in
isolation), and may also include systematic criticism
and belittling. The abuse is repeated, often over many
years, and may escalate and intensify. The long-term
effects of domestic violence can include low self-esteem,
feelings of guilt, shame, depression and stress.
2.4 From April 1999 a new definition
of domestic violence came into effect for use in Police
returns to the HMIC (Her Majesty's Inspectorate of Constabulary).
This definition is intended for statistical purposes
only and is designed to allow easier comparison of domestic
violence statistics between Police Forces and give a
better understanding of the nature of information being
collected. Organisations are encouraged to make their
own definitions according to local needs and circumstances,
and Forces remain free to use whatever definition they
wish for local record keeping. The definition reads:
The term 'domestic violence' shall
be understood to mean any violence between current or
former partners in an intimate relationship, wherever
and whenever it occurs. The violence may include physical,
sexual, emotional or financial abuse"
3. Prevalence
3.1 Statistics on domestic violence
tend to be under-stated, often because victims do not
report incidents, or are reluctant to mention them to
survey interviewers.
Notifiable Offences
3.2 Current notifiable offence categories
are generally classified by type of offence, rather
than by offender-victim relationship. However, more
detailed statistics are kept on homicide. The Criminal
Statistics for England and Wales in 1997 showed that:
- of 224 female homicide victims,
47 per cent were killed by partners (present or former
spouse, co-habitant or lover)
- of 426 male homicide victims, 8
per cent were killed by their partners
3.3 For offences of violence against
the person in 1990–1994 where the victim was a
woman, just under half took place at the home of the
victim or suspect. (Victims of Violent Crime Recorded
by the Police, 1990–1994, Home Office Statistical
Findings, Lorraine Watson, 1996)
British Crime Survey
3.3 The biennial British Crime Survey
(BCS) asks a representative sample of 16,500 adults
in England and Wales directly about their experiences
of crime – whether or not it was reported to the
police.
3.4 The BCS has found that:
- 43% of all violent crime experienced
by women is domestic. (1996 BCS)
- the number of domestic assaults
reported to BCS interviewers rose by 79% between 1981
and 1991.
- reporting of domestic violence
incidents to the Police is low – it is estimated
that only a quarter of all domestic violence incidents
are reported
- to the police. (1996 BCS).
3.5 The 1996 BCS included a computer-assisted
self-interviewing (CASI) questionnaire, designed to
give the most reliable findings to date on the extent
of domestic violence in England and Wales. The report
on the results of the questionnaire, by Catriona Mirrlees-Black
and Carole Byron, was published in January 1999.
3.6 Key findings included the following:
- 4.2% of women and 4.2% of men said
they had been physically assaulted by a current or
former partner in the last year.
- Women were twice as likely as men
to have been injured by a partner in the last year.
- At greatest risk of physical assault
were the under 25s and those in financial difficulties.
- Half the victims had told someone
about their most recent assault, most often a friend,
neighbour or relative. The police were the next most
likely to hear of incidents.
3.7 The estimate for the total number
of incidents in 1995 was 6.6 million.
Cost to the public sector
3.8 The high prevalence of domestic
violence represents a considerable burden on the public
purse. A report on this subject was by Elizabeth Stanko
(Brunel University) and others Counting the costs: estimating
the impact of domestic violence in the London Borough
of Hackney was published in 1998 by Crime Concern. This
estimated the total cost in 1996 to the public sector
of providing services for women and children facing
domestic violence in Hackney at around £90
pa per household. This report estimated the total cost
for Greater London to be around £278 million
pa.
4.
The Government response
4.1 In 1994 an official Interdepartmental
Working Party on Domestic Violence was set up to promote
a coordinated response to the problem at national and
local level, and to take forward the Government’s
response to the Home Affairs Select Committee’s
Report on Domestic Violence. In particular the working
party considered ways of improving services to victims,
encouraging local coordination and raising public awareness
of domestic violence. A Ministerial Group was also established
to take forward work in this area.
4.2 This ministerial Group last met
in October 1997, when it was chaired by Alun Michael,
then Minister of State in the Home Office. The Group's
work has since been continued by correspondence, and
the lead Minister is now Paul Boateng. It was originally
supported by an Interdepartmental Official Group on
Domestic Violence. This group was replaced in September
1999 by the Interdepartmental Group on Violence against
Women and Domestic Violence, chaired and serviced by
the Home Office. This Group is responsible both for
taking forward initiatives on domestic violence within
the Home Office and for co-ordinating action on domestic
violence and violence against women across Government
as a whole.
4.3 In 1997, the Government appointed
for the first time two Ministers for Women, supported
by a Women’s Unit; this Unit has been instrumental
in the development a programme of measures to promote
women's issues and rights, in collaboration with the
Home Office and other departments.
4.4 The document "Living Without
Fear - an integrated approach to tackling violence against
women" (available on the Women's Unit Website)
was published in June 1999. This document sets out Government
strategy framework in relation to violence against women
and offers examples of good practice from around the
country. Meanwhile, the Government’s intention
on domestic violence remains, as it has always been,
to give an impetus to policy and implement initiatives
as soon as possible rather than to conduct a formal
time-limited review.
4.5 Within the framework of the Government’s
strategy on violence against women, a separate Scottish
strategy was published for consultation in Autumn of
1998. A Scottish Partnership on Domestic Violence was
also established in 1998 to bring together for the first
time at a Scotland-wide level all the main service providers
involved in dealing with domestic violence. The Partnership
has responsibility for carrying forward strategic thinking
for Scotland on domestic violence. Its work includes
the needs of women in ethnic minority groups and also
the situation of women with disabilities who are subjected
to violence in their own homes.
4.6 In 1995 a strategy document entitled
"Tackling domestic violence: a policy for Northern
Ireland" was published jointly by the Department
of Health and Social Services (Northern Ireland) and
the Northern Ireland Office. This statement set out
the principles which will underpin action to heighten
awareness of the problem; to improve services for victims;
to challenge perpetrators’ attitudes and behaviour;
and to improve the information base. It also put in
place a new regional Domestic Violence Forum to promote
co-operation among key agencies and advise the Government
on the implementation of the policy framework.
5.
Inter-agency co-operation
5.1 An inter-agency circular on domestic
violence was issued jointly by the Home Office and Welsh
Office on 17 August 1995 to a wide range of statutory
and voluntary agencies. The circular encouraged a more
co-ordinated inter-agency response to tackling the problem,
especially through the setting up of local domestic
violence fora. It also outlined the roles and responsibilities
of the various agencies involved in tackling domestic
violence and provided a list of contact points for those
seeking further information. This document is currently
under review, and an updated version is expected to
be published in the Spring 2000.
5.2 Independent research (Multi-agency
work and domestic violence; a national study of inter-agency
initiatives – Hague/Malos/Dear, School for Policy
Studies, University of Bristol, April 1996) found that
by that date over 200 domestic violence fora had been
set up across the country to co-ordinate the fight against
domestic violence in their local communities. No single
model of practice emerged in the research. Rather, groups
operated in a number of different ways, according to
their make-up and leadership, and to their local situation.
5.3 The Crime and Disorder Act 1998
places a statutory duty on local authorities and the
police to develop local partnerships to reduce crime
and disorder. These partnerships will bring together
all the relevant agencies, including those dealing with
domestic violence and its survivors. A main duty of
the partnerships will be to conduct an audit of local
crime and disorder problems. As has been stressed in
guidance on the Act, Ministers expect such audits to
actively identify the nature and profile of domestic
violence. It will not be sufficient just to rely on
statistics that are already available, in which domestic
violence, if it is identified at all, is likely to be
under-represented. It will of course be essential that
the new local crime partnerships work closely together
with local domestic violence fora, where these exist.
5.4 Another provision of the Crime
and Disorder Act, which is less widely known than the
local crime partnerships, but which is potentially very
significant, is section 17. This section places a duty
on every local authority "to exercise its various
functions with due regard to the likely effect ... on,
and the need to do all that it reasonably can to prevent,
crime and disorder in its area." This means, in
effect, that local authorities are obliged to consider
the crime implications of everything they do.
6. Raising
awareness
6.1 On 21 January 1999 the Government
launched a new domestic violence publicity/awareness
campaign for England and Wales under the title Break
the Chain. The campaign began with the issue of a new
leaflet, Break the Chain: What you can do about domestic
violence, for distribution to the general public by
the police, courts, and others. The leaflet stresses
that domestic violence is not acceptable, sets out the
sources of help available to survivors, and advises
survivors friends on how they can help.
6.2 In Northern Ireland publicity
campaigns were held during March and November 1995,
and over Christmas and New Year in 1996/97 and 1997/98.
These featured television advertising, posters and information
leaflets, and were accompanied by the setting up of
a 24 hour domestic violence helpline. The Regional Domestic
Violence Forum is proactive in raising awareness among
a wide range of professional interests.
6.3 The initial Break the Chain leaflet
is to be supplemented by cross-Departmental guidance
to agencies dealing with domestic violence, to be published
in the Spring 2000.
6.4 In Scotland, the Domestic abuse
– there’s no excuse campaign was launched
in December 1998, and is to be repeated in December
1999. This campaign includes the use of television and
radio as well as posters, and aims to raise awareness
of the prevalence of domestic violence in Scotland.
Further information on this should be sought from the
Scottish Office (020 7 270 3000).
7. Improving
statistics
7.1 The Government is currently looking
at possibilities for the improvement of statistics on
domestic violence, to give a clearer picture of its
nature and prevalence, to enable the identification
of resources addressing it, and to enable evaluation
of initiatives to tackle it.
7.2 We will be looking to get better
data from the police supported by the new definition
for the HMIC (see paragraph 2.4). Together with information
from other sources, this will feed into proposed research
attempting to identify how many notifiable violent offences
are domestic in nature.
7.3 On the non-criminal side, too,
the Government is looking at the statistics available
from other sources and at best practice in their collection.
8. Police
8.1 Current police policy on domestic
violence is based on the premise that assaults within
private relationships are no less criminally serious
than violence which takes place between strangers. In
July 1990, guidance was issued to the police in England
and Wales and Scotland (1991 in Northern Ireland) for
dealing with incidents of domestic violence. The guidance
emphasised:
- the over-riding duty to protect
victims and children from further attack;
- the need to treat domestic violence
as seriously as other forms of violence;
- the use and value of powers of
arrest;
- the dangers of seeking reconciliation
between assailant and victim; and
- the importance of record keeping
to monitor the policy in practice.
8.2 In many forces, Domestic Violence
Units have been set up or Domestic Violence Officers
appointed, with particular responsibility for following
through incidents of domestic violence, particularly
in giving support and advice to victims and helping
them get in touch with relevant outside agencies.
8.3 Domestic violence practice and
procedures are examined within forces by Her Majesty's
Inspectorate of Constabulary. Where instances of poor
practice are identified recommendations are made.
8.4 The Home Office published a study
in 1995 which examined the policing of domestic violence
since guidance was issued to Chief Police Officers in
1990 (Policing Domestic Violence in the 1990s, Home
Office Research Study 139, Sharon Grace 1995). The report
highlights examples of good practice and identifies
areas requiring further improvement. The report particularly
commended the work done by Domestic Violence Units and
Domestic Violence Officers.
8.5 Research into police practice
in the area of domestic violence continues. A recent
evaluation has been carried out by the Home Office of
a repeat victimisation policing response to domestic
violence in West Yorkshire. (Arresting Evidence: Domestic
Violence and Repeat Victimisation - Home Office Police
Research Series Paper 104): Full report Summary report
8.6 A report on Policing domestic
violence: effective organisational structures , commissioned
by the Home Office, was published in January 1999. It
found that 38 forces had published a domestic violence
policy document, but that 65% of operational Domestic
Violence Officers (DVOs), 48% of line managers for DVOs,
and 39% of policy makers within the police felt there
was a significant gap between policy and practice.
8.7 Work is in hand to produce a revised
version of Home Office Circular 60/1990, which gives
general advice to police forces on dealing with domestic
violence incidents. This will be published in the Spring
2000.
9.
Crown Prosecution Service
9.1 In 1993 the Crown Prosecution
Service, responsible for the review and institution
of criminal proceedings in England and Wales, published
comprehensive guidance for staff for dealing with domestic
violence cases. This guidance was updated in August
1995. It emphasises the desirability of prosecuting
cases of domestic violence and makes particular mention
of how the CPS should proceed if a woman decides she
wants to withdraw her support for a prosecution.
9.2 The CPS is involved in Home Office-led
pilots of "One Stop Shops" for victims of
crimes where they can be kept up to date with the progress
of their case, and Victim Statements, which allow the
victim to provide information on the impact which the
offence has had on them. Domestic violence is included
as a case category within these pilots.
9.3 Many CPS areas have representatives
who participate in local domestic violence fora; also,
the CPS victim/witness care national training programme
is currently being developed in consultation with Victim
Support and will include the specific needs of victims
of domestic violence.
10. Probation
Domestic violence is central to the
Probation Service’s core functions of crime reduction,
public protection and victim contact. It is also a critical
factor in Family Court Welfare work and any other work
requiring child protection procedures. The probation
service recognises the importance of this and undertakes
work both directly with perpetrators and in support
of those who have survived violence.
The 1996 ACOP Position Statement about
domestic violence recommended that individual services
adopt a policy on domestic violence which:
- affirms that domestic violence
should be treated as seriously as any other violent
behaviour;
- promotes the development of a distinctive
and effective community programme for perpetrators;
- commits the service to working
in a way which will promote the safety of survivors
and children, and highlights the importance of working
in partnership with other agencies;
- and recognises that the abuse of
male power and control is a central feature to much
domestic violence
The Home Office, with HM Inspectorate
of Probation, is currently developing a training pack
on domestic violence to inform the work of the probation
service and assist officers in dealing with offenders
who have a background of perpetrating domestic violence.
Also, the Probation service is currently
working on developing an accredited national programme
of perpetrator programmes. This will include a number
of programmes for the perpetrators of domestic violence
which will be piloted through the Home Office "Pathfinder"
initiative.
11. Civil
Law
11.1 Part IV of the Family Law Act
1996 deals with domestic violence. The Lord Chancellor
implemented Part IV of the Act on 1 October 1997.
11.2 The Act makes available in a
more consistent way non-molestation orders which prohibit
particular behaviour or "molestation" generally,
and occupation orders which could, for example, define
occupation rights in the home, including the exclusion
of the respondent from it or an area round it. The Act
requires the court to attach a power of arrest to an
occupation order or non-molestation order if the respondent
has used or threatened violence against the applicant
or child concerned, unless this is unnecessary for their
protection. Formerly only current spouses and cohabitants
could apply for a remedy against domestic violence,
but the Act also covers former spouses, former cohabitants
and a number of other categories of people within a
broadly defined domestic or family relationship. The
Act amends the Children Act 1989 to enable the court
when making either an emergency protection order or
an interim care order, to include the requirement that
the suspected abuser be excluded from the home rather
than the child having to be removed, as was formerly
the case.
12.
Safe Accommodation
12.1 Safe accommodation is a prime
concern for those fleeing domestic violence. There are
about 418 refuges for victims of domestic violence in
England and 45 in Wales. Individual refuge groups rely
on funding from a variety of sources. The Department
of the Environment, Transport and the Regions, through
the Housing Corporation, provides capital and revenue
funding for costs of housing provision in some cases.
Other income is received from rent from their users
(who may be relying on support from Housing Benefit);
local authorities, charities, private donations, fund
raising and trusts. Some groups work in partnership
with Housing Associations.
12.2 The Department of Environment,
Transport and the Regions, the Department of Health,
the Department of Social Security and the Women’s
Unit are commissioning a package of research into the
accommodation and support services available to those
suffering domestic violence. This includes a survey
of refuges and a comprehensive review of provision by
local authorities, which will be completed in Spring
2000.
12.3 An inter-Departmental Review
is also considering future funding of all forms of supported
housing, including refuges for women and children fleeing
domestic violence. The Review is seeking a sustainable
long-term arrangement, achieving a fair balance between
the demands on Housing Benefit and other sources of
funding for all types of support services to vulnerable
people in supported accommodation.
13.
Addressing offending behaviour
13.1 An evaluation has been carried
out of 2 court ordered treatment programmes for men
found guilty of violence against their female partners
("CHANGE" & "Lothian Domestic Violence
Probation Programme") The evaluation compared treatment
programmes with other traditional criminal justice sanctions.
The research, though based on a relatively small sample,
found that all criminal justice interventions (fine,
probation, prison) appeared to have positive effects
on the behaviour of men convicted of violence against
their female partner. However, the two Scottish re-education
programmes were the most successful at reducing violence
and associated coercive behaviour. The full report was
published by the Scottish Office in October 1996 (Research
Evaluation of Programmes for Violent Men, Scottish Office
Central Research Unit, Dobash/Dobash/Cavanagh/Lewis,
1996), and findings based on the report were published
by the Home Office at the same time (Re-Education Programmes
for Violent Men - an Evaluation, Home Office Research
Findings No 46, Dobash/Dobash/Cavanagh/Lewis, 1996).
13.2 A two-year evaluation of a project
in Hammersmith (Supporting Women and Changing Men: Lessons
from the Domestic Violence Intervention Project, The
Policy Press in association with the Joseph Rowntree
Foundation, Burton/Regan/Kelly, 1998) found that programmes
for men when combined with pro-active responses to women
have a part in co-ordinated responses to domestic violence.
It also said work with men should not be undertaken
without any attached support service for women, and
recommended that there should be routes onto programmes
of this kind for voluntarily referred men.
13.3 In England and Wales, perpetrators'
programmes are run by a number of probation services.
14.
Further information
For more information on central Government’s
response to domestic violence, please contact the following
address. (It would assist our monitoring if you could
mention that you obtained the address from this website.)
Criminal Policy Strategy Unit
Home Office
Room 364
50 Queen Anne’s Gate
London
SW1H 9AT
15.
Summary Reference List
Domestic Violence: an Overview of
the Literature, Home Office Research Study 107, Lorna
Smith, HMSO
Inter-Agency Circular: Inter-Agency
Co-Ordination to Tackle Domestic Violence, Home Office,
1995
Policing Domestic Violence in the
1990s, Home Office Research Study 139, Sharon Grace
1995
British Crime Survey 1996, Home Office
Multi-agency work and domestic violence;
a national study of inter-agency initiatives –
Hague/Malos/Dear, School for Policy Studies, University
of Bristol, April 1996
Research Evaluation of Programmes
for Violent men, Scottish Office Central Research Unit,
Dobash/Dobash/Cavanagh/Lewis, 1996
Re-Education Programmes for Violent
Men - an Evaluation, Home Office Research Findings No
46, Dobash/Dobash/Cavanagh/Lewis, 1996
Supporting Women and Changing Men:
Lessons from the Domestic Violence Intervention Project,
The Policy Press in association with the Joseph Rowntree
Foundation, Burton/Regan/Kelly, 1998
Preventing Repeated Domestic Violence:
a Demonstration Project on Merseyside, CDP Paper 49
Biting Back II: Reducing Repeat Victimisation
in Huddersfield, CPU Paper 82
Domestic Violence and Repeat Victimisation,
Home Office Police Research Group Briefing Note No 1/98
Counting the costs: estimating the
impact of domestic violence in the London Borough of
Hackney Elizabeth Stanko (Brunel University) and others,
Crime Concern, 1998
Living Without Fear - An Integrated
Approach to Tackling Violence Against Women, Home Office/Cabinet
Office, 1999
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