Domestic Abuse Policy

Domestic Abuse Policy

 
1.    POLICY PURPOSE

1.1   This Policy sets out our approach to tackling issues related to domestic abuse including how we will help and support anybody living in our homes, who may be experiencing domestic abuse, or being threatened with domestic abuse. This includes forced marriage.

1.2 It also sets out the action we will consider taking against perpetrators of domestic abuse, as well as the advice, we will provide to assist perpetrators of domestic abuse who wish to positively change their behaviour by helping them access support and assistance.

1.3 This Policy supports our commitment to working collaboratively with partners in tackling domestic abuse in a coordinated approach to ensure customers receive timely advice and support.

2. POLICY SCOPE

2.1 This Policy should be adopted by all colleagues, contractors, suppliers, and volunteers. 
    
2.2 This Policy applies to:

• those who are victims of domestic abuse and live in our homes; and 
• those who are perpetrators and live in our properties.

2.3 This includes people who live in:

• general needs accommodation;
• supported schemes;
• leasehold.

2.4 We also recognise that our own colleagues may be affected by domestic abuse and are committed to supporting them in any way that we can.

3.    RELEVANT LEGISLATION & REGULATION

3.1    The following is a list of documents and associate policies/publications which we will consider when developing our approach to dealing with domestic abuse:

• Family Law Act 1996;
• Protection from Harassment Act 1997;
• Equality Act 2010;
• Anti-Social Behaviour, Crime and Policing Act 2014;
• Care Act 2014;
• Domestic Violence Disclosure Scheme (Claire’s Law) 2014;
• Serious Crime Act 2015;
• Modern Slavery Act 2015;
• General Data Protection Regulation 2018;
• Stalking Protection Act 2019;
• Domestic Abuse Act 2021.

3.2    National key policy links

• HM Government Violence Against Women and Girls Strategy and Action Plan 2021;
• ADASS Adult Safeguarding and Domestic Abuse – Guide to Support Practitioners and Managers;
• HM Government Forced Marriage Guidance including Forced Marriages Unity (FMU).

3.3    Associated policy documents 

• Anti-Social Behaviour Policy;
• Safeguarding Children Policy;
• Safeguarding Adults Policy;
• Allocations Policy;
• Greenspace and Communal Buildings Management Policy;
• Data Protection Policy;
• Modern Slavery and Anti-Trafficking Policy;
• Vulnerability Policy.

4.    POLICY STATEMENT

4.1  Given that domestic abuse is perpetrated predominantly within homes, One Manchester can play a vital role in supporting victims who are living in our homes.

4.2 We are well placed to recognise the signs of domestic abuse and have colleagues operating  locally across our neighbourhoods who are in a position where they may be able to identify possible victims and offer appropriate advice and signposting to specialist services. We are more than just a landlord and are committed to working in partnership with other organisations to address the devastating impact that domestic abuse including forced marriage, modern slavery and indentured servitude can have on the safety of individuals, their households and local communities. We want those who live in our homes to be safe, to prosper and live well.

5.    AIMS

5.1 When responding to reports we will create an enabling environment where victims know they will be listened to, and where they feel safe to disclose abuse without judgement, knowing they will be believed, listened to, and heard.

5.2 We will remain person centred, and aim to work with empathy, integrity, and transparency, and respond to the domestic abuse in the most appropriate way that puts the victim at the heart of the intervention and support. We value feedback from those with lived experience of domestic abuse and will seek to learn from victims to help and inform development and improvement of our service delivery. We understand that customers can have vulnerabilities and will consider these vulnerabilities and tailor our approach accordingly, in line with our Vulnerability Policy.

5.3 We recognise that domestic abuse is different for everyone, and this may differ for people of different races, genders, sexualities and abilities; therefore, we will take an intersectional approach recognising a person's unique experience based on the intersection of all relevant grounds.

5.4  To work towards a Coordinated Community Response, working together to end domestic abuse by working collaboratively with local agencies to share information and meet the needs of the individuals and families experiencing domestic abuse.

6. DEFINITIONS

6.1  The cross-government definition of domestic violence and abuse is: Any incident or pattern of incidents of controlling, coercive or 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 ( Domestic Abuse Act 2021).

The full and detailed definition in detailed in Appendix 1.

6.2  Coercive and Controlling Behaviour

6.2.1  In 2014 the Government announced a new domestic abuse offence of coercive and controlling   behaviour. Please see Appendix 2 for the definition.

6.3  Examples of abuse

6.3.1    Domestic abuse can encompass, but is not limited to, the following types of abuse:

a)    psychological;
b)    physical;
c)    sexual;
d)    financial;
e)    emotional;
f)     discriminatory;

The examples of abuse under these headings are detailed in Appendix 3.

7.    RECEIVING AND RESPONDING TO REPORTS OF DOMESTIC ABUSE

7.1    Concerns about, or reports of, domestic abuse may be reported to any member of our neighbourhoods team, or a contractor/agent. We will accept reports and disclosures of domestic abuse through any available communication channel. The colleague receiving the report is responsible for ensuring the information is logged properly.

7.2    If a member of our staff suspects or witnesses domestic abuse taking place in our homes or neighbourhoods, they are required to refer it to our Community Safety Team who will investigate further.

7.3    We will always accept the person’s account at face value. We will help people to tell us about the abuse quickly, safely and confidentially, so that telling us doesn’t put them at further risk. We will agree with people how future contact can be made safely.

7.4    Risk Management

7.4.1    We take a risk-based approach to managing any ongoing threat of domestic abuse. This includes working with the person to consider the best options available to prevent further abuse from happening. We will remain victim centred.

7.4.2    We will take into account all protected characteristics that are presented by the person and members of their household when assessing the risk and action we can take.

7.4.3    If a person advises they are in imminent danger we will advise them to contact the police and/or emergency services, or we will do this on their behalf if they are unable to do so themselves.

7.4.4    Effective prevention of further domestic abuse often requires successful multi-agency partnership working e.g. with the police or social services. Where this is the case, we will risk-assess the reported abuse and then work with specialist external agencies to find a solution for the person. This might include agreeing steps we will take to reduce the risk. If the risks are high, we will refer the concern to the local Multi-Agency Risk Assessment Conference (MARAC).

7.4.5    If the risks do not meet the MARAC threshold, we will provide advice to the victim on how they can access specialist support and assistance from both statutory and non-statutory agencies . If the victim is willing for referrals to be made, we will make appropriate referrals and liaise with those agencies regularly and stay in regular contact with the victim to ensure the risk to them is being managed appropriately.  

7.4.6     We will promote the opportunity for the victim to remain in their home where it is their choice, and it is safe for them to do so.

7.4.7    If a violent domestic incident is reported to us and the victim/tenant wants to remain in their home, we will act to secure it. We will do this where an external agency hasn’t already completed the work.

7.4.8    We will work with the person to determine whether extra security measures (such as lock changes) are required to reduce or remove the risk of harm whilst they remain at home.

7.4.9    We will aim to complete emergency work within 24 hours of it being reported. If we are unable to complete works within 24 hours, we may make arrangements to temporarily move the person until the work is completed. On a case by case basis, we will seek specialist advice on whether other security measures will be beneficial and/or feasible.

7.4.10    Where we agree with the person that rehousing is the best option, we will explore other housing opportunities and provide them with appropriate advice and support. We will use our risk assessment tool to monitor the risk throughout and after the move until we are satisfied, as far as we can be, that it has reduced to an acceptable level.

7.4.11    Where the tenancy is a joint tenancy and the perpetrator is a joint tenant, we will signpost the victim so that they can access legal advice quickly about their joint tenancy. We will advise them of the National Centre for Domestic Violence which offers fast and free legal advice in matters relating to domestic abuse.

7.5    Managing domestic abuse cases

7.5.1    If the victim is a tenant, joint tenant, or otherwise lives in one of our properties as their main home we will open a case on our system and a colleague will make contact with the reporter as soon as possible - within 24 hours of the report being made.

7.5.2    If the victim does not live in one of our properties we will provide appropriate advice to the victim on how they can report to the local authority or to the police or another specialist agency locally.

7.5.3    We will take all reported cases seriously and aim to gather as much information from the victim sensitively so that we can discuss options that may be available to the victim and their family.

7.5.4    We will remain victim centred and respect the decisions of the victim and will not do anything unless we have full consent from the victim, unless there is an overriding safeguarding concern where colleagues will follow the appropriate policies regarding adult and children’s safeguarding. We will manage each case on a case by case basis. We will stay in regular contact with the victim and support the lead agencies that will also be involved in the case. We will keep accurate records of our involvement and actions in the case.

7.6.1     Safeguarding

7.6.2    We recognise that a significant number of adults who need safeguarding are often experiencing domestic abuse in some form. Despite the overlap between supporting abuse victims and safeguarding adults the two have developed separate professional practices.

7.6.3    If domestic abuse is an isolated issue and there are no other safeguarding concerns, then we may identify sources of support via forums such as MARAC (Multi Agency Risk Assessment Conference), or with agencies who specialise in supporting victims of domestic abuse.

7.6.4    If there is more than one safeguarding issue present, such as domestic abuse in addition to physical or mental health disabilities then we will make a referral to Safeguarding Adults so that services can be coordinated to deal with the potentially complex issues.

7.6.5    However, we will always encourage colleagues to make a Safeguarding Adults referral even if it is just for information so that agencies are mindful of our concerns, as there may be other issues we are not aware of.

7.6.6    There is also strong, evidenced based links between domestic abuse and child abuse. Exposure to domestic abuse is always detrimental to children, although the impacts may vary. Children exposed to abuse at home may be affected by physical and/or emotional abuse, neglect, and ongoing psychological damage

7.6.7    This means that in domestic abuse cases where children are present we will make appropriate Children’s Safeguarding referrals, to ensure any children are adequately safeguarded.

7.7    Working in Partnership

7.7.1    Where the relevant referral requirements are met, we will liaise with the local MARAC. This is coordinated by the local authority (or police). We will carry out any actions assigned to us by the MARAC. We will ensure we understand our role and the correct processes to follow.

7.7.2    We will also liaise with the Multi-Agency Public Protection Arrangement (MAPPA). We will do this where the local referral requirements are met, where we have serious concerns, or if MAPPA inform us about the matter.

7.7.3    We will actively participate in other relevant local partnerships where appropriate and we will work with specialist support agencies such as, IDVA, MWA Victim Support etc.

7.8    Support and vulnerability

7.8.1    We will ensure that the victim is aware of all the local specialist support services that they can access. We may provide additional support to the victim where this is identified, and will liaise with and work closely with the lead agencies that will be supporting the victim and their family.

7.8.2    We will make a child safeguarding referral when the need to protect a child/children is identified or the domestic abuse is having a negative impact on the child.

7.8.3    We will refer our concern to the police where we suspect that the nature of the domestic abuse means that modern slavery may be occurring. An example of modern slavery in relation to resident domestic abuse is financial exploitation. This may become modern slavery if the person is coerced or forced to hand over control of their money for the purpose of criminal exploitation.

7.8.4    If the person disengages from their agreed support plan with lead agencies, and we are aware that that places them or their family at greater risk, or the abuse is having a negative impact on the wider community, we will review what action to take to most effectively manage that risk and impact.

7.9    Action against perpetrators

7.9.1    We will consider the legal action or remedies (both civil and criminal) available to us and to our partners, to deal with perpetrators of domestic abuse. We will determine, monitor and seek to understand what action is being taken by the statutory agencies in this respect, to ensure that we are working together. In circumstances where it is appropriate to do so, we may signpost perpetrators to domestic abuse perpetrator programmes.

7.9.2    It must be remembered that not every victim will want to end their relationship or will want us to take enforcement action against the perpetrator. It is important, therefore, to manage risk, ensure that as many safeguards are in place as possible, and to provide the victim with options as to what support is available to them, if and when they are ready to take it.

7.10    Colleague training

7.10.1    We will ensure that all colleagues are aware of their potential role when they receive a report of a domestic abuse risk or concern, and what they must do.

7.10.2    We will provide clear guidance and training for all relevant staff on how to recognise the symptoms and signs of domestic abuse and how to report their concerns and to be able to provide basic advice and support to people. This includes how people can access help and support and how they can best report further domestic abuse.

7.10.3    If you are a colleague and witness an incident, if life threatening or a criminal matter please phone the police in the first instance. Otherwise please report to your line manager and the Community Safety Team Leader who can assist to progress the case.

7.11    Raising awareness

7.11.1    As part of our commitment to deal with domestic abuse, we will provide information about domestic abuse on our notice boards and our website. We will ensure the information on our website is regularly reviewed.

7.11.2    We will provide publicity in other languages to raise awareness of domestic abuse where the need is identified.

8.    CONFIDENTIALITY

8.1        Data sharing with police, local authority and other partners is limited by the data protection act  2018, and we will agree data sharing protocols with them.

8.2        Whilst we respect privacy and confidentiality and are mindful of our obligations under the Data Protection Act, investigating and preventing domestic abuse requires the ability to exchange information with statutory and non-statutory agencies.

8.3    A disclosure of domestic abuse will be treated in the strictest of confidence, unless we have a duty to disclose information to: 
•    protect the victim;
•    prevent harm to someone else; or
•    prevent or detect a crime.

9.    COMPLAINTS 

9.1    If a customer is unhappy about a decision in relation to this Policy, they should first follow our complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman.

10.    RESPONSIBILITIES

10.1        Overall responsibility for this Policy lies with Head of Neighbourhoods, accountability lies with the Neighbourhood Manager (Community Safety).

11.    EQUALITY IMPACT ASSESSMENT

11.1        An Equality Impact Assessment (EQIA) has been completed in full and assessed.

11.2    The EQIA recommended amending the paragraph at 5.3 to better reflect intersectionality and impact on domestic abuse which has been accepted and included.
11.3        The EQIA recommended that although women and girls are disproportionately affected by domestic abuse it is important to recognise under reporting and stigma associated with male, transgender and non-binary victims.

12.          MONITORING AND REVIEW

12.1        Compliance with this Policy shall be the responsibility of Head of Neighbourhoods. We will review the impact of this Policy on customers with protected characteristics.
         
12.2    This policy shall be reviewed every two years.

11.3          The Head of Neighbourhoods will be responsible for initiating a review of this Policy.

13.         CONTACT PERSON

13.1       The Head of Neighbourhoods has responsibility for the effective delivery of this Policy.

14.       USEFUL CONTACTS

• One Manchester Community Safety Team
• Local Authority – homelessness phone/email
• Local authority – children/adult services
• Local Police DA/Safeguarding Unit
• Local Victims Specialist Agencies
• Manchester Women’s Aid
• IDVA
• One Manchester website
• Specialist LGBTQ plus DA organisations 
• Slave Free Alliance