Domestic Abuse Act

Domestic Abuse Act Statutory Guidance – November 2024

Introduction

Domestic abuse is a cruel, complex issue affecting people of all backgrounds and leaving lasting physical and emotional impacts. The 2019-2020 Crime Survey for England and Wales reported that 2.3 million adults experienced domestic abuse, with most victims being female. Recognising that anyone can be affected, the 2021 Act introduces a statutory definition of domestic abuse and includes case studies to illustrate its various forms. Abuse often remains hidden, affecting victims in subtle and sustained ways. The guidance has been developed with input from sector experts, commissioners, academics, and frontline professionals.

Chapter 1 – Objectives of the Act

The 2021 Act aims to address domestic abuse through several key measures:

Promote Awareness: Introduces a statutory definition of domestic abuse, recognising economic abuse and children as victims.

Protect and Support Victims: Establishes the Domestic Abuse Commissioner (DAC), introduces new protective orders, and mandates local authorities to support victims in safe accommodation.

Hold Perpetrators Accountable: Expands offences to include post-separation abuse, threats to disclose private images, and creates a new offence for non-fatal strangulation.

Transform the Justice Response: Enhances protections for victims in court, including video evidence and special measures to reduce trauma.

Improve System Performance: Establishes consistent responses, statutory guidance for the Domestic Violence Disclosure Scheme, and a code of practice for handling abuse data in immigration cases.

Objectives of the Statutory Guidance

This guidance aims to:

Define and Identify Domestic Abuse: Offers clear information on domestic abuse behaviours and impacts on adults and children, addressing common barriers victims face in seeking help.

Support Frontline Professionals: Provides resources and frameworks for safeguarding victims, guiding professionals and organisations in effective response and service commissioning.

Promote Standards and Best Practices: Encourages agency collaboration and a multi-agency approach to improve and unify the response to domestic abuse across the system.

Chapter 2 – Understanding Domestic Abuse

Domestic abuse is a high-impact, widespread crime that often remains concealed. Although not classified as a specific criminal offence, it involves various criminal acts such as controlling or coercive behaviour, harassment, stalking, criminal damage, physical and sexual assault, rape, and even murder. It affects individuals across all demographics - regardless of age, disability, gender, sexual orientation, race, religion, or belief - and may present differently in diverse communities. While both men and women experience domestic abuse, women are disproportionately impacted, and most victims of domestic homicide are female. Despite its prevalence, domestic abuse remains underreported due to numerous barriers to disclosure, seeking justice, and accessing support services.

Domestic Abuse is behaviour of a person towards another person is “domestic abuse” if aged 16 or over, are or were personally connected to each other, and the behaviour is abusive. Behaviour is “abusive” if it consists of any of the following: physical, sexual, economic, psychological/emotional abuse, violent or threatening, controlling or coercive behaviour, or other abuse. It does not matter whether the behaviour consists of a single incident or a course of conduct.

Chapter 3 – Recognising Domestic Abuse

Domestic abuse includes various behaviours, not limited to physical violence. It can involve threats, controlling or coercive actions, and emotional, psychological, sexual, or economic abuse, both online and offline. At its core, domestic abuse is driven by the perpetrator's intent to gain power and control over the victim, often using multiple tactics simultaneously. To deliver an effective response, professionals and agencies must understand the various types of domestic abuse.

Intimate Partner Abuse - Domestic abuse often occurs in intimate partner relationships, including same-sex relationships. It can happen in various forms of intimate partnerships, not limited to marriage or civil partnerships, and can involve partners who do not live together.

Teenager Abuse - Teenagers can experience domestic abuse in their relationships, though they may not recognise themselves as victims, especially in casual or multiple-partner situations, such as those facilitated by dating apps. Those engaging in abusive behaviour may downplay or deny the abuse, claiming they were not in a relationship.

Abuse by family members - Domestic abuse can also be committed by family members, including children, grandchildren, parents, guardians, siblings, or extended family members like in-laws.

Child-to-parent abuse - Child-to-parent abuse can involve children of any age, including adult children, and may also target siblings, grandparents, aunts, uncles, and kinship carers. For children aged 16 or older, this abuse is legally defined as domestic abuse under the 2021 Act.

Domestic abuse includes various behaviours beyond physical violence, such as threats, control, coercion, emotional, psychological, sexual, and economic abuse, which may occur online or offline. Central to these behaviours is the perpetrator's intent to exert power and control over the victim, often using multiple tactics simultaneously.

Chapter 4 – Impact of Domestic Abuse

Impact on the victim - Domestic abuse profoundly impacts victims’ physical, mental, and emotional health. Physically, it can lead to injuries and chronic health issues; mentally, it often causes anxiety, depression, PTSD, and low self-esteem. Victims may face social isolation, financial dependence, and difficulty forming trusting relationships. They may also adopt harmful coping strategies, such as substance abuse, to manage their distress. Long-term psychological effects can include complex trauma, which disrupts self-perception, emotional regulation, and daily functioning. Overall, domestic abuse deeply affects every aspect of a victim's life and often requires significant support for recovery.

Impact on child victims - Children experiencing domestic abuse may exhibit signs such as anxiety, depression, low self-esteem, and difficulties with forming healthy relationships. They may become hypervigilant to others’ moods, have trouble sleeping or experience nightmares, and show physical symptoms like stomach aches or bedwetting. Developmental delays in speech and communication, decreased academic performance, truancy, and risk of school exclusion are also common. Emotionally, they may struggle to regulate their feelings, showing signs of distress, anger, aggression, or withdrawal. They may attempt to avoid visibility at home, engage in self-harm or substance use, or seek intense involvement in academics or sports as a distraction.

Chapter 5 – Different experiences, needs and related considerations

Individuals affected by domestic abuse may have unique circumstances based on factors such as age, gender, ethnicity, sexual orientation, disability, and immigration status. This chapter emphasises that support must be inclusive and tailored to meet these varied needs, ensuring all victims have equal access to protection and services. It highlights the importance of cultural sensitivity, accessible support for those with disabilities, specialised services for vulnerable groups, and safeguarding measures for immigrant victims, aiming to provide comprehensive and responsive support across diverse populations.

Chapter 6 – Agency Response to Domestic Abuse

Chapter 6 of the Domestic Abuse Act 2021 focuses on the responsibilities of various agencies in responding to domestic abuse. It outlines the duty of agencies, including police, health services, social services, and housing authorities, to work collaboratively to protect and support victims. The need for coordinated and effective responses, prioritising victim safety and perpetrator accountability is essential. It encourages agencies to develop clear policies, training, and procedures for identifying and addressing domestic abuse cases. This coordinated approach aims to improve outcomes for victims and ensure consistent, supportive interventions across all sectors involved.

Chapter 7 – Multi-Agency Response to Domestic Abuse

The response to domestic abuse involves a wide range of statutory and non-statutory agencies, including local authorities, community organisations, children's services, schools, health services, and the police, among others. Employers and financial institutions also play a crucial role. These agencies are responsible for collaborating effectively to provide support and protection to victims through strategic planning and integrated services. Early identification of domestic abuse and coordinated responses are essential to prevent escalation and ensure the safety of victims and their children, regardless of the level of risk.

Resources:

Domestic Abuse Act 2021 Statutory Guidance - https://assets.publishing.service.gov.uk/media/62c6df068fa8f54e855dfe31/Domestic_Abuse_Act_2021_Statutory_Guidance.pdf

Code of practice for Victims of Crime https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974376/victims-code-2020.pdf

Equality Act 2010 - https://www.legislation.gov.uk/ukpga/2010/15/contents

Domestic Abuse Act 2021 - https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted