Contents
Foreword from Councillor Danielle Brown, Cabinet Member for Culture and Community
Children as victims of domestic abuse
Information sharing and confidentiality
Other reading (relevant documents)
Foreword from Councillor Danielle Brown, Cabinet Member for Culture and Community
There is no excuse for domestic abuse. We understand the devastating impact that it can have on individuals, families, and the wider community. Those who perpetrate domestic abuse have no place in our town.
Harlow Council is taking action through this policy to work with the police, criminal justice partners, specialist domestic abuse services and other community and voluntary sector agencies to strengthen what it does to support survivors and help bring perpetrators to justice. We are unwavering in our commitment to tackling domestic abuse in all its forms.
Protecting our communities is a top priority for the council and we are clear in our commitment to ensuring the safety and well-being of our residents; in particular those that, for whatever reason, may be more vulnerable to abuse or exploitation. Elected members and all employees, regardless of their roles and responsibilities within the organisation, participate in domestic abuse and safeguarding training to ensure they are fully equipped to understand, identify and respond appropriately to domestic abuse situations and that our response is robust and consistent.
Our work to tackle domestic abuse and violence against women and girls (VAWG) is at the very heart of this commitment. The recent launch of the Harlow Women’s Safety Charter and our work through the Safer Harlow Partnership contributes to tackling the issue. We are also dedicated to greater collaboration with other local authorities to learn and share best practice in responding to domestic abuse, ensuring we continuously improve our approach.
This policy sets out the council’s approach, working with statutory and non-statutory partners to support victims/survivors of abuse to get the support they need and rebuild their lives free from abuse. Further, the policy recognises the vital and unwavering contribution of organisations such as Changing Pathways, Safer Places and the Southend, Essex and Thurrock Domestic Abuse Board (SETDAB), who do a tremendous amount of work to combat domestic abuse and support those affected.
Through implementation of the policy, taking a case-by-case approach, we will put those experiencing abuse at the heart of everything we do and work with partners to hold perpetrators to account. We will recognise children as victims in their own right; recognise and support female and male victims and survivors equally and encourage confidence in established reporting pathways. Further, we will extend our commitment to educating the next generation on the foundations of healthy relationships through local initiatives such as the annual Crucial Crew event which is delivered to every year six pupil in Harlow.
Taking the first step towards a better future.
I know that taking the first step is often the hardest, but please remember that everyone deserves to live a life free from chaos and conflict. Our commitment is to ensure that our policies truly reflect these values, offering a safe and supportive environment for all in Harlow. We are dedicated to providing the resources and support needed to build a community where domestic abuse has no place, and where all survivors can build better futures.
Councillor Danielle Brown, Cabinet Member for Culture and Community
Introduction
The prevention of domestic abuse and the protection of all victims lie at the heart of the Domestic Abuse Act 2021. The measures in the Act seek to:
- protect and support victims
- transform the justice process (for victims and perpetrators)
- improve performance in the response to domestic abuse
- promote awareness of domestic abuse
Domestic abuse can have a devastating impact on individuals, families and communities. It can take many forms such as physical assault, bullying, economic abuse, sexual abuse, rape and threats. In addition, it may include coercive and controlling behaviours such as destructive criticism, pressure tactics, disrespect, breaking trust, isolation and harassment.
Research shows that in most cases it is women who experience domestic abuse perpetrated by men, for example male partners or ex-partners, brothers, fathers or sons. However, this policy applies equally to domestic abuse in gay or lesbian relationships or in heterosexual relationships where the man is the victim. It also applies where domestic abuse occurs between generations in a family.
Protecting our communities is a top priority for the council and we want people to feel safe day and night, not just while out in the community but also at work and in their own homes. That is why we work closely with our partners, including police, probation, social care and domestic abuse support services to tackle and prevent abuse in all its forms.
Through partnership working to make our town a safe place to live, work and thrive, we are committed to reducing incidences of domestic abuse and violence towards women and girls (VAWG); supporting victims and survivors; and ensuring that perpetrators are held to account for their behaviour.
It is imperative that each case is assessed individually based on its own unique circumstances, and that we work with people that are experiencing abuse in a way that is safe and comfortable for them. This policy therefore deliberately does not set out rigid processes for dealing with domestic abuse and VAWG situations but instead sets out the council’s broad approach.
We recognise that the use of terminology is important when working with people experiencing abuse. Some prefer to be referred to as ‘survivor’ as opposed to ‘victim’ which is predominantly used by law enforcement agencies. The term ‘victim’ can be viewed as someone who is still experiencing harm, while ‘survivor’ may be considered as someone who is recovering from abuse and in the process of healing and resilience. For the purposes of this policy both terms will be used interchangeably.
Alongside this policy, the council has developed and launched the Harlow Women’s Safety Charter and is a White Ribbon accredited organisation which demonstrates our commitment to preventing harassment, abuse and VAWG through promoting gender equality, raising awareness and ensuring that men as well as women are part of the solution.
Scope
This policy applies to all tenants, leaseholders, residents, council employees and elected members and is intended to demonstrate our commitment and approach to dealing with domestic abuse and all forms of gender-based violence.
There is also a separate Domestic Violence and Abuse Policy which helps managers to identify and support employees that are experiencing domestic abuse, and a new Housing Domestic Abuse Strategy is being developed to meet requirements of the Regulator of Social Housing (Neighbourhood and Community Standard).
Key principles
Harlow Council takes its safeguarding responsibilities seriously and believes everyone should be able to live their lives without fear of violence, abuse, stalking or harassment. We believe it is important that victims, survivors and perpetrators can access support services at the right time to help keep them safe and break the cycle of abuse.
We are committed to ensuring that all our service users and employees are supported in a sympathetic and non-judgemental way, whilst ensuring that the services we provide are accessible, responsive and in line with legislation and our statutory responsibilities. We will take every opportunity, particularly through the Safer Harlow Partnership (SHP) and Southend Essex and Thurrock Domestic Abuse Board (SETDAB), to work with statutory, non-statutory, community and voluntary agencies to tackle domestic abuse and VAWG and reduce the number of first time and repeat victims and perpetrators.
We will take all reports of domestic abuse seriously; consider the needs of the individuals concerned and work in partnership with specialist agencies to provide a timely and coordinated response.
In our work with people experiencing domestic abuse or VAWG, our employees will demonstrate the council’s core values of:
- Community – delivering services in a way that makes residents feel value, connected and empowered.
- Ambition - striving for continual improvement, driven by innovation and creativity to achieve meaningful change.
- Compassion – listening to our residents and colleagues with empathy and understanding, making sure their voices are heard, and their needs are met.
- Excellence – striving for the highest standards, committing to quality, continuous improvement, and exceptional performance in delivering services for Harlow.
- Unity – committed to building a cohesive workplace, collectively delivering on Harlow’s missions.
Definitions of domestic abuse
The 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. This can encompass, but is not limited to, the following types of abuse:
- psychological
- physical – violent and/or threatening behaviour
- sexual
- financial or economic
- emotional
Coercive and controlling behaviour is defined under S76 of the Serious Crime Act 2015 as ‘causing someone to fear that violence will be used against them on at least two occasions or causing serious alarm or distress that has a substantial effect on their usual day to day activities’.
'Controlling behaviour’ is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
‘Coercive behaviour’ is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.'
Economic abuse involves behaviours that interfere with an individual's ability to acquire, use or maintain money or other property causing a victim to be isolated, dependant on their abuser and limit their ability to escape and access safety.
Stalking is a pattern of persistent and unwanted attention that can cause the victim to feel pestered, scared, anxious and harassed. Some examples of this behaviour are:
- unwanted communication (e.g. texts, phone calls, emails)
- unwanted gifts
- damage to property
- following or spying
- threats
Whilst these acts may seem insignificant, when they are persistent, unwanted and consistent, it can be frightening and upsetting for victims. It is important to note that both stalking and harassment are offences under the Protection from Harassment Act 1997.
The term VAWG has become widely recognised over recent years and encompasses the following range of crimes that are predominately, but not exclusively, experienced by women and girls:
- domestic violence and abuse
- sexual offences
- stalking
- honour-based abuse
- forced marriage
- prostitution and trafficking for sexual exploitation
Honour-Based Abuse (HBA) is a form of domestic abuse that occurs when someone is punished for actions that are perceived to bring shame or dishonour to their family or community. In some families or communities, the idea of “honour” is placed above a person’s safety, rights, and wellbeing. If someone is seen to go against these expectations — such as choosing their own partner, dressing differently, or seeking independence — they may be seen as bringing “shame” on the family. This belief can be used to justify emotional or physical abuse, isolation or disownment, forced marriage, threats or violence.
In forced marriage, one or both spouses do not (or, in the case of some adults with disabilities, cannot) consent to the marriage and duress is involved. “Duress” can include physical, psychological, sexual, financial and emotional pressure. It is important to recognise that honour-based abuse can involve multiple perpetrators and multiple victims, often extending beyond the immediate household to include extended family and members of the wider community.
This abuse is often about control — forcing someone to behave in a way that fits with certain cultural or religious expectations. It can affect people of any age, gender, or background.
Where cases of HBA and forced marriage are identified or suspected, we will work closely with police and other partners to support and protect those affected.
Children as victims of domestic abuse
Under the Domestic Abuse Act 2021, children are recognised as victims of domestic abuse in their own right, if they see, hear, or experience the effects of the abuse, and are related to the perpetrator of the abuse or the victim of the abuse. Abuse directed towards children is known as child abuse and should be reported to the Local Authority (Essex County Council).
A child is defined as a person under the age of 18 years and is recognised as being related to a person if they are their parent, or if they have parental responsibility for the child as stated in the Child Act 1987 and the Family Law Act 1996.
We understand the profound impact domestic abuse has on children. Our work with other agencies through forums such as the West Essex Children and Family Partnership Board and the West Essex Stay Safe Group aims to ensure that children affected by abuse are identified early and can receive the support they need at the soonest opportunity.
Our commitment extends to educating the next generation on the foundations of healthy relationships to help break the intergenerational cycle of abuse. To achieve this, we work with partners such as Essex Police, Essex County Fire and Rescue Service, Schools, Colleges and the Essex Safeguarding Children and Adult Boards to raise awareness and understanding of abuse and prevent children and young people developing harmful attitudes and behaviour at the earliest opportunity.
Where our staff identify a child at risk because of domestic abuse or VAWG, they will take appropriate action to protect the child. This can include making a referral to Children’s Social Care and/or notifying the police.
The council has a Designated Safeguarding Officer and, regardless of roles and responsibilities within the council, all our staff participate in mandatory child protection training.
Reporting domestic abuse
It can be daunting for victims of domestic abuse to come forward, and in many cases abuse may have been ongoing for a significant length of time before it is reported. The council’s workforce is committed to providing a sensitive, supportive and confidential response to people that report domestic abuse. Our officers will work with internal colleagues and external partners to ensure a timely and effective response.
Our staff take all reports of domestic abuse seriously and, in our role both as a local authority and landlord, the council takes a zero-tolerance approach to those who perpetrate domestic abuse. We will investigate all reports that we receive, including from witnesses or third parties who are concerned that domestic abuse is taking place.
We aim to ensure that our services are as accessible as possible and offer several ways to report domestic abuse to us including in person, over the phone, in writing by letter and email. Our website offers a wide range of information, including different ways that abuse can be reported and a range of support options. A Report and Support leaflet is available from the council’s Community Safety Team.
We will respond to all reports of domestic abuse at the very earliest opportunity and where requested, we will endeavour to provide an officer of the same gender, or ethnicity. Where required, we aim to provide translation services as soon as possible.
The council operates a 24-hour service for residents to report emergency repairs out of usual working hours and for urgent homeless advice, should victims of domestic abuse need emergency repairs or accommodation.
Where requested, and with consent, we will report incidents to the police on behalf of victims or support them to do so themselves if they feel frightened or concerned.
In some cases, for example if our officers feel that someone is in immediate danger of significant harm, it is our duty to call the police, and where children are involved, make a referral to children’s social care.
Roles and responsibilities
All employees, regardless of their roles and responsibilities in the organisation, are required to participate in basic domestic abuse awareness training as part of the council’s mandatory training programme. By raising awareness and understanding of domestic abuse and the harm that it can cause to individuals, families and communities, our staff will be able to provide an appropriate and timely response to those affected, including making referrals to relevant support agencies.
Elected members (Ward Councillors) are also required to participate in mandatory training to ensure they can provide an informed and effective response to members of the public that may approach them with concerns about domestic abuse and/or VAWG.
Employees in relevant roles, for example Community Safety, Housing, Contact Harlow, Environmental Health and Licensing are encouraged and supported to participate in other domestic abuse training opportunities through SETDAB and the Essex Safeguarding Adult and Children’s Boards (ESAB and ESCB) and the J9 Domestic Abuse initiative. Some employees will be trained in DASH, a domestic abuse, stalking and harassment risk assessment tool that helps identify the level of risk that victims are facing and the type and level of response that is required. In high-risk cases, officers are expected to make a referral to MARAC (multi agency risk assessment conference) and work with statutory and non-statutory agencies to develop a plan to help reduce risk and keep victims safe.
All staff should be able to offer appropriate signposting advice and, when possible, assist in connecting people safely with support services.
If a person experiencing domestic abuse can no longer stay in their home, because it is unreasonable or unsafe for them to do so, our officers will offer advice and support on their housing options. Where survivors wish to remain in their home, we will provide advice and guidance on how to stay safe, for example by supporting the installation of additional security measures and creating a safety plan. Further, we will connect them to specialist domestic abuse support agencies where requested.
Where there is a duty under the Domestic Abuse Act 2021, and subsequent guidance, to assist people who are experiencing domestic abuse and who are homeless, our Housing Options and Advice Team will offer advice and take action to provide housing support where appropriate. In cases where those affected have no recourse to public funds the team will offer advice, support and/or signposting as appropriate.
The council’s Executive Management Team has a responsibility to be sighted on the prevalence and nature of domestic abuse and VAWG issues locally and ensure steps are taken, most likely by working in partnership through the Safer Harlow Partnership (SHP), to ensure victims and survivors have access to existing specialist services and local projects and initiatives are supported to ensure people feel safe and supported and perpetrators are dealt with robustly by relevant agencies.
Where required, the council’s Designated Safeguarding Officer (DSO) will offer support and advice to colleagues dealing with domestic abuse and VAWG cases and in particular where children have been identified as victims in their own right, and a referral to Essex County Council children’s services is being considered.
Action against perpetrators
Harlow Council has a zero-tolerance approach towards any person that is found to be perpetrating domestic abuse. Where the perpetrator is a council tenant, this can be considered a breach of tenancy conditions in addition to the actual crime being committed and may may result in enforcement action, such as property possession proceedings.
With consent, we will support perpetrators to access behaviour change programmes, working with relevant partners where appropriate.
Where the perpetrator is not a Harlow Council tenant, another agency or service may be best placed to act, such as police, domestic abuse support agencies or the victim themselves.
We recognise that perpetrators may have their own vulnerability and support needs and will assess this at the earliest opportunity. When considering any enforcement action, we will endeavour to undertake an assessment to ensure any action we take is both necessary and proportionate while also considering any other available options. Regarding enforcement proceedings, we will pay due regard to the Human Rights Act and the Equalities Act 2010.
Where support needs have been identified, we will connect the perpetrator to relevant support services and/or work with our partners to help stop reoffending and break the cycle of abuse.
Safeguarding
Victims and survivors of domestic abuse may be vulnerable for a variety of reasons and vulnerabilities may change over time depending on the person’s individual circumstances. It is therefore important that our officers regularly review a victim’s circumstances and update risk assessments in a timely manner.
In situations where there are clear safeguarding concerns, we have a statutory responsibility to share information with relevant agencies and all staff should be willing and able to make safeguarding referrals in a timely manner. The Designated Safeguarding Officer or line manager can assist with the referral process if required.
Safeguarding referrals should whenever possible be made with the consent of the victim, the exception to this is if our officers feel that someone is in immediate danger of harm in which case our officers will call the police on 999.
We will ensure that where there are children involved, a safeguarding referral to Essex County Council children's services is made.
Partnership working
We recognise that when an individual experiences domestic abuse, many other agencies may be involved in their care and that a co-ordinated response is essential to effective support for victims and survivors.
We will work in collaboration with relevant agencies when responding to incidents of domestic abuse, to support victims and ensure that perpetrators are held accountable.
We will continue to work closely with the Southend Essex and Thurrock Domestic Abuse Board (SETDAB) and the Police Fire and Crime Commissioner for Essex (PFCC) to achieve common outcomes, tackle violence against women and girls and break the cycle of domestic abuse.
Harlow Council is an active partner of the MARAC which facilitates, monitors, and evaluates effective information sharing between agencies to enable appropriate actions to be taken to increase the safety of victims.
Harlow’s Community Safety Partnership, known locally as the Safer Harlow Partnership (SHP) takes a collaborative approach to improving local safety by bringing together diverse partners to address crime, disorder, and antisocial behaviour to help ensure that Harlow is a safe place to live, work and thrive.
The SHP is led by Harlow Council, Essex Police, Essex County Fire and Rescue Service, Probation Service and the Hertfordshire and West Essex Integrated Care Board (ICB) and is supported by a range of non-statutory, community and voluntary sector agencies.
Domestic Abuse and VAWG is a priority for the SHP and there is a well-established multiagency subgroup with its own delivery plan. The group aims to:
- Raise community awareness and understanding of domestic abuse and VAWG.
- Keep abreast of local issues, good practice, changes to guidelines and/or legislation and be aware of any new or emerging trends.
- Ensure people know how and where to report incidents and get support.
- Provide educational inputs to children and young people so that they can recognise harmful behaviour and unhealthy relationships and know how to seek support to help keep themselves and others safe.
- Target perpetrators of domestic abuse and VAWG to help reduce the number of first time and repeat victims and perpetrators. This includes partner agencies referring perpetrators to behaviour change programmes and supporting them to participate.
- Promote, and sometimes fund and deliver, training opportunities to ensure practitioners are equipped with essential knowledge and skills to be able to identify domestic abuse and VAWG situations and be able to safely and effectively support victims and survivors.
- Promote and support the Harlow Women’s Safety Charter. Where possible, assisting with development of ‘safe spaces’ in the community where women and girls can go for advice, support and signposting if they are feeling fearful or threatened in the community.
- Promote the benefits of partner agencies, local businesses and other organisations signing up to the White Ribbon scheme to ensure their workplaces are welcoming, safe and respectful places for women to be.
Where possible the subgroup’s delivery plan is linked to SETDAB strategic priorities and commitments.
To strengthen collaborative working, our officers will actively promote local and national schemes and initiatives that offer support to people that are experiencing, or have experienced, domestic abuse and VAWG. This includes the J9 domestic abuse initiative; Essex Compass helpline; the Ask for Angela scheme and the police Domestic Violence Disclosure Scheme (DVDS), also known as Clare’s Law, which gives people the right to ask if their current or ex-partner has any previous history of violence or domestic abuse.
Information sharing and confidentiality
We will maintain confidentiality when dealing with cases of domestic abuse and will always seek consent from those reporting domestic abuse before disclosing information to any other agency. However, where cases meet the MARAC threshold; where there are safeguarding concerns or it is believed a crime has taken place; we have a legal basis for sharing information irrespective of whether consent has been gained.
When we share information, we will ensure that we transfer it safely and store it appropriately in line with General Data Protection Regulations (GDPR).
Should we receive Freedom of Information or Subject Access Requests (SAR) we will deal with these lawfully and within guidance from the Information Commissioners Office.
Monitoring
This policy will be reviewed every three years, unless in the meantime, changes to legislation, statutory guidance or business developments require otherwise. This is to ensure that we continue to meet our key responsibilities and deliver good practice.
Through the SHP we will work with partners to monitor incidences and prevalence of domestic abuse and VAWG and keep sighted on local issues and new or emerging trends so that we can work with partners to ensure an appropriate response in our role as an employer, landlord and community leader.
Equality and diversity
While domestic abuse can affect anyone from any background, some people may be disproportionately affected or particularly vulnerable and some groups may be more likely to experience specific forms of domestic abuse. We also understand there are sometimes cultural and other barriers to reporting domestic abuse. We will take all of this into account in the advice and support we provide.
The council will treat all customers and staff with fairness and respect. We value diversity and work to promote equality and tackle unlawful discrimination.
We are committed to helping customers to access information and services in a way that suits individual needs.
We will meet the requirements relating to equality and diversity laid down in the Equality Act 2010 by working to
- advance equality of opportunity
- eliminate victimisation, discrimination, and harassment
- foster good relations between all our residents, service users and staff
We will work on a case-by-case basis to consider the needs of specific vulnerable groups within the domestic abuse context, such as:
- Individuals with disabilities
- LGBTQ+ victims
- Male victims
- Older victims
- Victims from different ethnic or religious backgrounds (including culturally specific
- forms of abuse like honour-based abuse
- Victims with mental health issues or substance misuse
The council welcomes and values diversity, promoting equality of opportunity and tackling unlawful discrimination. We will not discriminate against staff, customers or others based on their sex, sexual orientation, marital status, pregnancy and maternity, gender reassignment, race, religion, belief, disability or age (collectively referred to as protected characteristics in the Equality Act 2010).
Other reading (relevant documents)
Child and Adult Safeguarding Policy
Useful links
- Alpha Vesta
- Ask For Angela
- Changing Pathways
- Essex Compass
- Forced Marriage Unit
- Galop
- Harlow Council domestic abuse
- Harlow Women’s Safety Charter
- J9 initiative
- Karma Nirvana
- Men’s Advice Line
- National Domestic Abuse Helpline
- Safer Harlow Partnership
- Safer Places
- SETDAB
Abbreviations
- DASH – Domestic Abuse Stalking and Harassment
- DSO – Designated Safeguarding Officer
- DVDS – Domestic Violence Disclosure Scheme
- ESAB – Essex Safeguarding Adults Board
- ESCB – Essex Safeguarding Children Board
- GDPR - General Data Protection Regulation
- HBA – Honor Based Abuse
- ICB – Integrated Care Board
- MARAC – Multi Agency Risk Assessment Conference
- PFCC – Police Fire and Crime Commissioner
- SETDAB – Southend Essex and Thurrock Domestic Abuse Board
- SHP – Safer Harlow Partnership
- VAWG – Violence Against Women and Girls