Domestic Abuse Policy for residents, tenants, leaseholders and members
This policy explains how we can support you if you are a victim of domestic abuse. It also outlines how we will respond if you act abusively.
You can read the policy below.
If you would like to go straight to how we can support you, please go to our help and support page.
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Introduction and policy purpose
We believe that everyone has the right to live free from fear of abuse or violence. We know that domestic abuse can be experienced by anyone, regardless of gender, age, disability, gender reassignment, race, religion or belief, sexual orientation, marriage or civil partnership and pregnancy or maternity differences.
It has been estimated that there are currently 2.3 million victims of domestic abuse a year aged 16 to 74 (two-thirds of whom are women), and more than one in 10 of all offences recorded by the police are domestic abuse related (Gov.uk, 2022).
We believe that as a local authority and housing provider, we are well placed to recognise and respond to domestic abuse. We recognise that there are many barriers to disclosing domestic abuse, but we want to reassure our residents, tenants, leaseholders and members that any concerns they raise will be met with an empathetic and appropriate response.
This policy acts in the intention of reducing the risk of domestic abuse, and outlines how we will respond to domestic abuse when it affects our residents, tenants, leaseholders and members.
This policy references the support we will provide to those who are victims of, or have been victims of, domestic abuse. It states that we will not condone or tolerate domestic abuse, and outlines how we will hold perpetrators (those who act abusively) of domestic abuse accountable for their actions.
Note on language
In this policy we use the terms ‘victim’ and ‘perpetrator’. ‘Victim’ is used to refer to the person/s who has been or is being abused, and ‘perpetrator’ refers to the person/s who is acting, or has acted, abusively.
We use these terms as they allow us to describe how the abuse affects those involved, in a context in which individual names are not available or appropriate to use.
We recognise that a ‘victim’ may prefer to be referred to as ‘survivor’, but we have chosen to use ‘victim’ within this policy as it allows us to clearly acknowledge that a person is or has been subjected to domestic abuse, without making assumptions about where they are within their own personal journey.
Within our practices, and particularly when engaging directly with those who are, or have been victims of domestic abuse, we will use the terms of address that they prefer where it is possible to do so.
Policy scope
This policy applies to residents within the Dacorum area, Dacorum Borough Council tenants and leaseholders, and Dacorum Borough Council members.
When our employees are affected by domestic abuse, we will refer to our Domestic Abuse Policy for Employees. Where a person is a resident, tenant, or leaseholder, and also employed by Dacorum Borough Council, we will refer to both policies for guidance and tailor our response accordingly.
Although this policy was written for Dacorum Borough Council residents, tenants, leaseholders and members, the guidance published alongside this policy can be used by anyone who needs to access support as a victim of domestic abuse.
Our values
We are committed to demonstrating our organisational values in all that we do, including how we support those affected by domestic abuse.
We will:
- Be honest about the prevalence of domestic abuse, and act with integrity by doing all we can to support residents, tenants, leaseholders and members who have been affected.
- Use the support of our internal service areas, specialist domestic abuse services and partner agencies, because we recognise that we need to support each other and work together to provide a co-ordinated community response to domestic abuse.
- Be ambitious for our places and our people by continuously seeking opportunities to improve our response to domestic abuse.
- Be accountable to each other and honour the trust that our residents, tenants, leaseholders and members place in us when sharing their experience/s of domestic abuse by responding respectfully, and providing guidance about how and where they can access further support.
- Nurture and celebrate Equality, Diversity and Inclusion in everything we do, including how we recognise and respond to domestic abuse. We will take an intersectional approach when responding to domestic abuse by considering how a person’s experience of domestic abuse may be impacted by their sex, age, gender identity, race, sexuality, disability, ethnicity, pregnancy status or social background differences.
Definition of domestic abuse
This policy uses an abridged version of the definition of domestic abuse provided by the Domestic Abuse Act 2021.
Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if “A” and “B” are each aged 16 or over and are “personally connected” to each other:
“Personally connected” means:
- they are, or have been, married to each other
- they are, or have been, civil partners of each other
- they have agreed to marry one another (whether or not the agreement has been terminated)
- they have entered into a civil partnership agreement (whether or not the agreement has been terminated)
- they are, or have been, in an intimate personal relationship with each other
- they each have, or there has been a time when they each have had, a parental relationship in relation to the same child
- they are relatives
And
- the behaviour is abusive
Behaviour is “abusive” if it consists of any of the following:
- Physical or sexual abuse
- Violent or threatening behaviour
- Controlling or coercive behaviour
- Economic abuse
- Psychological, emotional or other abuse
It does not matter whether the behaviour is a single incident or a course of actions: behaviour of this kind is domestic abuse.
Domestic abuse can also be a form of ‘honour’ based violence if it ‘has or may have been committed to protect or defend the honour of the family and/or community’ (NPCC, 2015).
More information about Honour Based Violence and other forms of abuse (including those that can also be domestic abuse), is included in our Children and Adults at Risk Policy.
The Domestic Abuse Act 2021 recognises that children can be victims of domestic abuse, even when the abusive behaviours are not directly aimed at them.
They can also be victims if they:
- See, hear, or experience the effects of abuse
- Are related to the victim or perpetrator of the abuse (or both)
Further information about how domestic abuse affects children is provided in our Children and Adults at Risk Policy.
Our aims and practices
We will:
- Support our employees to confidently recognise and appropriately respond to domestic abuse by providing mandatory domestic abuse training for all employees. Additional training will be provided as it is relevant to the employees’ roles and their level of engagement with residents, tenants, leaseholders and members. This policy is supported by internal procedures and guidance that our employees can refer to.
- Make information about what domestic abuse is readily available through regular communications and during our engagement with our community.
- Set the expectation for all domestic abuse disclosures to be responded to empathetically and appropriately. We have created a set of standards that victims of domestic abuse can expect us to uphold when they disclose domestic abuse to us. These are available alongside this policy.
- Publicise support pathways for victims of domestic abuse and make information about how to access domestic abuse support easily accessible, so that those who need support can access support that is right for them and their circumstances. We will review these pathways regularly to ensure that the information remains up to date, and to identify opportunities to increase provision where necessary. Information about how to access support as a victim of domestic abuse is on our help and support page.
- Work closely with local specialist domestic abuse services and agencies (such as the Police) to provide a co-ordinated response to domestic abuse by making referrals where necessary, taking actions from Multi Agency Risk Assessment Conference (MARAC)), and being active contributors to the Dacorum Community Safety Partnership through engagement at the Responsible Authorities Group (RAG), Joint Action Group (JAG), and Community Safety Action Group (CSAG).
- Create opportunities for cross-working, collaboration and escalating barriers to supporting victims by communicating regularly with local services through events and our regular Domestic Abuse Forum.
- Act in accordance with our existing safeguarding framework by addressing any links to domestic abuse when safeguarding referrals are made, in the interest of protecting vulnerable adults and children.
- Maintain flexibility and a victim-centred approach because we know that no two experiences of domestic abuse are the same. Our employees will use this policy, its associated procedures and guidance documents and/or advice from our Safeguarding Lead, the Police and specialist domestic abuse services to ensure that they respond appropriately to domestic abuse.
- Create ‘safety at home’ for victims of domestic abuse who wish to stay within their home through working with the Police and partner agencies to use legal measures to remove the perpetrator from the property (such as Non Molestation Orders and Domestic Abuse Protection Orders and Domestic Abuse Protection Notices) and/or providing panic alarms, locks and additional security measures.
- Support victims who wish to relocate because it is not safe, or preferable for them to remain at their address because of domestic abuse by providing guidance and assisting their move to alternative accommodation. Our Housing service areas and our Domestic Abuse Action Group (DAAG) will take an active role in helping victims to live in accommodation that is free from abuse.
- State that perpetrating domestic abuse is unacceptable, and take appropriate action to hold perpetrators accountable. This sentiment is echoed in the Tenancy Agreement that is issued to tenants when they start a tenancy with Dacorum Borough Council. We reserve the right to take enforcement action against Dacorum Borough Council tenants, using the powers available under the Housing Act, up to and including terminating a tenancy, for domestic abuse related offences. When taking action against perpetrator/s, we will prioritise the safety and wishes of their victim/s, and ensure that their wishes and housing needs are considered.
- Refer perpetrators to specialist support when it is appropriate to do so because we recognise that long-term domestic abuse prevention requires behavioural change from those who cause harm. We believe in referring perpetrators, and those concerned about their behaviour or that of someone they know, to specialist services who can help them to change, when it is safe and appropriate to do so without increasing risk to the victim/s. Information about how to recognise abusive behaviour, and how to access support if you or someone you know are acting abusively is on help and support page.
- Continually strive to improve our response to domestic abuse and Violence against Women and Girls (VAWG) by seeking opportunities to receive feedback from victims and survivors, and taking note of learnings from the Domestic Homicide Review (DHR) process. As of 2022, we are working towards accreditation from the Domestic Abuse Housing Alliance (DAHA) because we want to provide our residents, tenants, leaseholders and members with an exemplary response to domestic abuse.
Confidentiality and GDPR
Any information related to domestic abuse will be treated with sensitivity, and if it is recorded, it will be stored securely on our systems. We will maintain confidentiality and prioritise gaining consent from victims before making referrals or taking further action, as far as it is practicable to do so. We may have to share information with agencies such as the Police or Social Services if an adult or child is at serious risk of harm.
If an instance of domestic abuse meets the Multi Agency Risk Assessment Conference (MARAC) risk threshold or if there are child protection concerns, we have a legal duty to share information with relevant partner agencies in the interest of reducing risk to those concerned.
Links to other policies and policy review expectations
We involved employees from across our organisation, including those with lived experience of domestic abuse, when developing this policy. We also sought feedback and contribution from service users of local specialist domestic abuse support services.
We will review this policy, related strategy, and information sources every three years at minimum to ensure that it aligns with changes in research, national legislation, policies and local support and service provision. This policy was published in 2023.
We may also review this policy in response to (but not limited to): employee and resident/tenant/leaseholder feedback; local Domestic Homicide Review; Serious Case Review and Serious Adult Review recommendations and findings.
This policy is supported by a number of internal procedures, and can be read in conjunction with the following policies:
- Children and Adults at Risk Policy
- Anti-Social Behaviour (ASB) Policy (PDF 279KB)
- GDPR Policy (PDF 385KB)
We recognise the need to align this policy with the legislative framework set out by the following:
- Domestic Abuse Act 2021
- Homeless Reduction Act 2017
- Serious Crime Act 2015
- Anti-Social Behaviour and Policing Act 2014
- Protection of Freedoms Act 2012
- The Localism Act 2011
- The Equality Act 2010
- Forced Marriage (Civil Protection) Act 2007
- Civil Partnership Act 2004
- Domestic Violence, Crime and Victims Act 2004
- Children Act 1989 and 2004
- Housing Act 1996, Part 7 (as amended by Homelessness Act 2002)
- Freedom of Information Act 2000
- Protection of Harassment Act 1997
- Family Law Act 1996
- Housing Act 1985 and 1996
- Violence Against Women and Girls National Statement of Expectations 2022
- Government Tackling Domestic Abuse Plan 2022
Page Last Updated: Thursday, 22 August 2024 at 09:41 AM