Domestic Abuse and Safeguarding

Domestic Abuse in Lewisham

Between the 1 April 2022 and 31 March 2024 there were c.11,000 domestic abuse incidents reported to police locally. Lewisham is one of the highest risk boroughs in London in this regard with 17 of the 19 Wards in the top 50% in London for reports of domestic abuse to police.

Longstanding research indicates that adults who have care and support needs such as those living with a disability, or older adults, are more likely to be the victims of domestic abuse than the general population (we must not ignore other factors such as homelessness).

Compared to the high volume of police reporting there are relatively few Adult Safeguarding Concerns submitted for Domestic Abuse in Lewisham (between 50-100 each year).

What is domestic abuse?

The UK government’s definition of domestic violence is ‘any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to psychological, physical, sexual, financial, emotional.’

Domestic abuse also includes honour-based abuse and forced marriage. 

Legal Definition

The legal definition of domestic abuse is: any incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are 'personally connected', regardless of their gender or sexuality.

Examples of people who are ‘personally connected’ include:

• relatives, including half and step relatives
• married couples, or couples who used to be married
• civil partners, or former civil partners
• people who have ever agreed to marry, or enter into a civil partnership agreement with each other
• people who have had an intimate relationship with each other
• people who are a parent of the same child, or have ever had a parental responsibility for the same child

There is no requirement for the victim and the perpetrator to cohabit although many will have. This often then provides perpetrators with personal knowledge about what might most traumatise or impact victims, making this crime particularly distressing and sometimes leaving victims at risk of future violence and abuse.

Who are counted as family members?

Family members are defined within the legislation as the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson, or granddaughter, brother, sister, uncle, aunt, niece, nephew or first cousin (whether of full blood or of half blood or by marriage or civil partnership) of that person or of that person’s spouse, former spouse, civil partner, or former civil partner.

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 aimed to raise awareness about the devastating impact of domestic abuse on victims and their families and to further improve the effectiveness of the justice system in providing protection for victims of domestic abuse and bringing perpetrators to justice. 

The Act introduced a statutory definition to ensure that domestic abuse is properly understood, viewed as unacceptable and is actively challenged across statutory agencies and in public attitudes. It sets out who can be a victim of domestic abuse behaviours and establishes how victims need to be ‘personally connected’ to the perpetrator. It also makes clear that children are deemed to be victims of domestic abuse if they see or hear, or experience the effects of, the abuse. There is also no requirement that they live in the same household as the abuser.

Read the Domestic Abuse Act 2021

When the Care Act 2014 came into force on the 1 April 2015 this was the first time that Domestic Abuse had been formally recognised as a type of abuse within the legal framework underpinning adult safeguarding. There is still more to do in improving the profile of this subject, and the connection between the different responses that there can be in relation to Domestic Abuse, including through the local authority led safeguarding pathway.

The Domestic Abuse Act 2021 Statutory Guidance July 2022 cross-references back to the Care Act 2014, and outlines that there should be a safeguarding response when the legal duty and criteria is met.

Domestic abuse can be characterised by any of the indicators of abuse relating to

• Psychological
• Physical
• Sexual
• Financial or economic
• Emotional

Domestic abuse is rarely a one-off incident and it is the cumulative and interlinked types of abuse that have a particularly damaging effect on the victim. The ‘domestic’ nature of the offending behaviour is an aggravating factor because of the abuse of trust involved. 

Possible indicators of domestic abuse

• Low self-esteem
• Feeling that the abuse is their fault when it is not
• Physical evidence of violence such as bruising, cuts, broken bones
• Verbal abuse and humiliation in front of others
• Fear of outside intervention
• Damage to home or property
• Isolation – not seeing friends and family
• Limited access to money

New and Emerging Characters of Domestic Abuse - Digital Domestic Abuse

Digital abuse is when someone monitors, stalks, harasses, threatens, controls or impersonates another person using technology. This could involve stalking through social media, harassment by text message or humiliation by posting pictures or videos, for example.

Digital abuse can happen to anyone but it most often happens alongside other types of domestic abuse.

 Examples of digital abuse:

• Using the persons social media accounts without their permission.
• Posting information about the person online or by text/messenger.
• Creating a profile page without the persons permission.
• Sending the person threatening messages.
• Sending threatening messages to other people whilst pretending to be the person.
• Posting photos of the person without their consent (also known as revenge p*rn).
• Using spyware on the persons devices to track them.
• Taking away the person control of smart home devices such as cameras, lights, thermostats.
• Controlling the persons online bank accounts.

How does Domestic Abuse Link with Safeguarding?

Domestic abuse is perhaps most commonly thought of as violence between intimate partners, but it can take many other forms and be perpetrated by a range of people. Much safeguarding is therefore also domestic abuse but is often not recognised as such.

Making the connections between adult safeguarding and domestic abuse

• Follow the advice in the Lewisham Adult Safeguarding Pathway for safeguarding adults and children, and for domestic abuse. 
  
• Improve your understanding of the issues and develop your own good practice. Visit the LSAB Learning Zone for information on current learning opportunities.

Who needs safeguarding?

• Understand the definitions of safeguarding and domestic abuse, and how they link up for the person you are supporting.
  
• Be alert to patterns of coercive or controlling behaviour, as well as incidents of abuse.
  
• Always act to safeguard children who are living with or witnessing domestic abuse. - Remember to Think Family
  
• Take account of gender, sexuality, intergenerational issues and caring responsibilites.

Understanding the impact of domestic abuse

• Consider the likely impact of abuse on all adults and children involved. - Remember to Think Family
  
• Consider the additional likely impacts of abuse on people with additional care and support needs.
  
• Consider how these factors might affect the approach you take in working with the person at risk (and others in the household).

Barriers and challenges to ending abusive relationships

• There are many reasons why people may not leave abusive relationships.
• Additional and specific barriers may be present for ethnic minority people, older people, and people with disabilities.
• Confidentially asking routine questions about safety can aid disclosure.
• Accessible information and signposted services about abuse are crucial.

Working with people needing care and support who are experiencing domestic abuse

• There are a range of issues to consider, including the needs of a range of groups, people’s independence, self-esteem, previous experience of services, and parenting. - Remember to Think Family
• Taking time to build trust and confidence with the person being abused is important, accepting that they may not be able to describe or disclose all aspects of their situation initially, and that the issues may take time to explore fully.
• Avoid making assumptions based on stereotypes, particularly around older age, mental health and substance misuse.
• There is a risk of serious harm in forced marriage situations where one or both parties have care and support needs.
• Domestic abuse can involve the wider family and take different forms according to different family dynamics, especially when caring responsibilities are involved. - Read the 7 Minute Briefing - Arthur - for Professionals for further information.

Mental capacity, adult safeguarding and domestic abuse

• The Mental Capacity Act has five key principles, designed to protect and support the person
• An apparently unwise decision may be the result of coercion or controlling behaviour by another person
• Independent Mental Capacity Advocates (IMCAs) can support the abused person - Make a referral for an advocate POhWER
• IMCAs may not be specially trained in domestic abuse, but they can work alongside Independent Domestic Violence Advocates (IDVAs) or other workers from a specialist domestic abuse agency. - Contact the Lewisham Athena Service for an IDVA

Safeguarding Enquiries

• Take protective measures to ensure that any discussions with potential victims of abuse are conducted in a safe environment.
• Understand that victims of abuse may be reluctant to disclose what is happening to them, but that the conversation may be helping them to understand their situation better and build up trust. - Contact the Lewisham Athena Service for an IDVA
• Ask direct questions, in a safe environment.
• Keep good records of any discussions and interventions.
• Follow local policies, protocols and procedures at all times. - Lewisham Adult Safeguarding Pathway

Assessing and managing the risks of domestic abuse in safeguarding circumstances

• Understand how coercive and controlling behaviours may inhibit people disclosing or revealing the extent of domestic abuse.
• Understand local policies and procedures for safeguarding and risk assessments.
• Listen to and communicate respect towards the adult with care and support needs who is experiencing domestic abuse. Ensure they are at the centre of decision-making.
• Be aware of and vigilant against the potential of 'the rule of optimism', when professionals may place undue confidence in the capacity of families to care effectively and safely, affecting professional perceptions and recognition of risk of harm, abuse or neglect.
• Take any immediate protective measures that are needed.
• Understand how your local arrangements work in relation to safeguarding and Multi-Agency Risk Assessment Conferences. - Lewisham MARAC
• Use risk assessment forms as tools to aid professional judgement, not as ends in themselves. Use the DASH risk cheklist
• Work with the person at risk to ensure their experiences are central to your risk assessment.
• Collate information about static risk factors, as they are the most reliable indication of long-term risk.
• Use professional curiosity and judgement in risk assessment as everybody's circumstances are different.
• Gain support from local specialist domestic abuse agencies; they are experts in risk assessment and management. - Contact the Lewisham Athena Service for advice

Domestic abuse support services and legal action

• Ensure that you develop safeguarding and support arrangements that are personalised to the person you are working with.
• There are many types of national and local support schemes for people experiencing domestic abuse, including places of immediate safety.
• Be aware of the types of legal actions and sanctions (criminal and civil) that can be used in safeguarding and domestic abuse but rememer even when a victim has reported abuse to the police, there can be complex reasons they may not see through a prosecution - love, shame, guilt, isolation, fear of the process and language barriers to name just a few.
• Know where to go to get good legal advice, both for the person you are supporting, and to advise you of the options available.
• Ensure that information and advice is provided in an accessible way.

New! Safeguarding and Domestic Abuse 7 Minute Briefing

Help and support for people experiencing or at risk of abuse in Lewisham

Lewisham Council provides the Athena service which is a confidential, non-judgemental service to support those living in Lewisham who are experiencing gender-based violence. The service provides outreach programmes, independent advocacy, group support, refuge accommodation and a specialist service for women.

You can call the Athena Service for free on 0800 112 4052 or email Lewisham VAWG

The National Domestic Abuse Helpline is a team of highly-trained female advisers who can empower you to understand your options and support you to make any decisions about the future. They offer support to increase your safety, including finding a refuge place or other specialist services.

Other sources for support include The Men’s Advice Line, a confidential helpline for male victims of domestic abuse, and Galop, a specialist helpline for LGBTQ+ people.

Timekeeper Film

This film was commissioned by Lewisham Council and funded by the Home Office. It is based on the real experience of residents in Lewisham, the film tackles very sensitive issues.

Contact details for organisations who may be able to help you if you are the victim of domestic violence.