Domestic Abuse Policy (Customer)

Introduction

• Domestic abuse is often a hidden crime which can happen in all our communities.

• mhs recognise the devastating impact domestic abuse has on victims/survivors and their families and believe they should feel safe and secure in their homes.

• As a responsible social landlord, we have a duty to support and protect customers who are victims/survivors of Domestic Abuse. Therefore, we will take all reports of domestic abuse seriously and work proactively with the victim/survivor and other support organisations to ensure their safety.

• This policy outlines mhs principles and approach to dealing with issues of domestic abuse.

• This policy is relevant for all customers and colleagues, but particularly those who deliver services to our customers and those delivering services on our behalf.

Who needs to know

This policy is relevant for all colleagues but particularly for those who are customer facing.

Policy statement

mhs homes, our staff and our board stand with our customers who are victims and survivors of domestic abuse. We will support our Customers to assure their safety, we will act in their best interest, and we will look to hold perpetrators to account..

Purpose

The aim of this policy is to ensure the safety of our customers affected by domestic abuse, and to prevent further incidents by encouraging early identification, early reporting, and a quick response when domestic abuse is identified.

This policy applies to mhs homes, Heart of Medway Housing Association, and other tenancies for properties that we manage on behalf of other landlords.

The terms ‘mhs homes’, ‘we’, ‘our’ and ‘us’ relates to all organisations unless otherwise stated.

The policy relates to all tenures – Starter; trial; assured; assured shorthold and protected. Licenses in foyers, Leaseholders, mutual exchange and shared owners.

Roles and Responsibilities

The owner of this policy is the Assistant Director of Housing.

It is the role of all mhs staff to understand, be able to identify and respond to domestic abuse.

Please see procedure for individual roles and responsibilities.

Policy Detail

Legal and Regulatory Overview

Section 1.4 of the Neighbourhood and Community Standard states registered providers must work co-operatively with other agencies tackling domestic abuse and enable tenants to access appropriate support and advice.

Section 2.3 of the Neighbourhood and Community Standard states registered providers must have a policy detailing how they recognise and effectively respond to cases of domestic abuse.

Section 2.4 of the Neighbourhood and Community Standards requires registered providers to co-operate with the local authority to meet its duty to develop a strategy and commission services for victims of domestic abuse and their children within safe accommodation.

In addition to the Consumer Standards this policy also supports the following legislation:

• Domestic Abuse Act 2021

• Anti-social Behaviour Act 2003

• Anti-social Behaviour, Crime and Policing Act 2014

• Serious Crime Act 2015 (specifically section 76)

• Care Act 2014

• Data Protection Act 2018

• Equality Act 2010

• Housing Act 1996

Other internal policies and procedures:

• Individual Needs Policy

• Safeguarding Policy

• Domestic Abuse Procedure

• Domestic Abuse Staff Policy

• Mutual Exchange Policy

• Anti-Social Behaviour Policy

• Equalities Policy

• Lone Working Policy

• Data Protection Policy

What is Domestic Abuse?

The Domestic Abuse Act 2021 defines domestic abuse as: ‘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, and the behaviour is abusive.’ Any reference to a victim of domestic abuse includes a reference to a child who—

(a)sees or hears, or experiences the effects of, the abuse, and
(b)is related to A or B.

Behaviour is abusive if it consists 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 consists of a single incident or a series of actions.

For the purposes of this Act, two people are “personally connected” to each other if any of the following applies:

• 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.

For the purposes of this Act ‘A’s’ behaviour may be behaviour “towards” B even though it consists of conduct directed at another person (for example, B’s child).

Under legislation, children who witness domestic abuse are now legally recognised as victims/survivors in their own right.

Types of Abusive Behaviour

Domestic abuse can take many forms, some of which can be hidden and not easy to recognise. mhs understand the lists below are not exhaustive and every individual case of domestic abuse is unique. They can include:

Economic abuse - any behaviour that has a substantial adverse effect on B’s ability to – acquire, use or maintain money or other property, or obtain goods or services, examples of which:

• Making the victim/survivor account for their spending

• Controlling the household finances

• Not allowing the victim/survivor to work

• Raising debt against the victim/survivor’s name

• Not allowing the victim/survivor to have any money of their own.

• Not allowing the victim/survivor any say on how they spend money.

Psychological and emotional abuse - For example:

• Stalking. Never letting the victim/survivor out of their sight and questioning them on their every move.

• Isolating the victim/survivor and not letting them go out on their own or to see family and friends on their own.

• Embarrassing, undermining, and humiliating the victim/survivor in front of others.

• Telling the victim/survivor that they are a bad parent.

• Telling the victim/survivor they are useless at everything.

• Making the victim/survivor believe that no one would believe them if they told people what was happening.

• Threatening language: threats to kill or harm their children, their family, their pets, and friends.

Coercive and Controlling Behaviour (as defined by Section 76 of the Serious Crime Act 2015) in addition to the above is:

• Monitoring a person via online communication tools and spyware

• Using digital systems such as smart devices or social media to coerce, control, or upset the victim/survivor which can include posting ‘triggering’ material or threatening to post sensitive/private photos or information.

• Taking control over what the victim/survivor wears, how they look, when they sleep.

• Forcing the victim/survivor to take part in criminal activity such as shoplifting, neglect, abuse of children, to prevent the victim/survivor disclosing abuse.

• Rewarding ‘good behaviour’

• Intimidating behaviour, such as blocking access to doors, raising their hand.

• Preventing the victim/survivor from access to medical treatment and advice.

• Depriving someone of their basic needs

Physical Abuse can include:

• Restraining

• Hitting, slapping, or punching

• Kicking

• Hitting with objects

• Stabbing or cutting

• Strangulation or choking

• Pulling hair

• Pushing or shoving

Sexual abuse can include:

• Forcing a victim/survivor to take part in unwanted sex or sexual acts.

• Refusal to practice safe sex or use contraception.

• Threatened or actual sexual abuse on children

• Rape and coerced sex

So-called Honour-Based Abuse and Violence is usually perpetrated by the victim/survivor’s family, extended family and members of the community and is to defend the family or the community. This form of abuse can lead to families pulling together to protect the perpetrator.

There is no specific offence for honour-based abuse but can be a collection of different forms of abuse used to control behaviour within families or other social groups to protect perceived cultural and religious beliefs or ‘honour’.

Other forms of VAWG (violence against women and girls)/harmful practices can include FGM (female genital mutilation), breast flattening and dowry abuse. These forms fall under the Government Strategy ‘Tackling Violence against Women and Girls’, published in July 2021

Our Approach

When working with survivors of DA we will always act with integrity and be non-judgemental in our approach.

We will:

• always act in the victims/survivor’s best interest.

• listen to and support victims/survivors to make informed decisions about their housing needs and support pathways.

• strive to have a strong whole team approach to domestic abuse demonstrating good understanding, patience and flexibility.

• treat all disclosures seriously.

• Treat victim/survivors in a sensitive, supportive, and non-judgemental way.

• Treat people as individuals and promote inclusivity in our service delivery.

We look to take a coordinated community response to ensure the survivor is empowered to get the support they need.

In delivering our domestic abuse service we will:

• Encourage and enable victims/survivors to report domestic abuse through a range of different methods.

• Encourage and enable families, friends, colleagues, neighbours to report suspected domestic abuse through a range of different methods.

• Respond quickly to reports and disclosures of domestic abuse.

• work with organisations both national and local to support the right needs of victims/survivor’s

• Where safe to do so, we will refer perpetrators to change programmes.

• have the procedures in place to ensure our teams are working together to identify and support victims/survivor’s.

• support black and minoritised victims/survivors with protected characteristics to access information and support by collaborating with local services.

• recognise domestic abuse can affect people from across all society, including women, men, people who identify as LGTBQIA+, people with disabilities, people of any age, race or religious belief.

• recognise that statistically woman are disproportionately impacted by domestic abuse, predominantly perpetrated by men.

• make appropriate Safeguarding referrals where we believe children or vulnerable adult is at risk due to an abusive relationship.

• accept housing referrals from agencies looking to re-house victims/survivors.

• support the victims/survivors by providing the options that are available to them through supportive intervention, such as safely staying at home for example supporting with referrals to sanctuary scheme, finding emergency or temporary accommodation or a management move.

• empower our staff to feel confident to deal with domestic abuse by offering relevant training, provide a clear procedure, providing constructive feedback and including them in decision making.

Empathy and Respect

• Nobody asks to be in a situation of domestic abuse, and we will never lay blame on the victims/survivors.

• We will validate any disclosures made of domestic abuse by believing, listening, showing an interest, and acknowledging and accepting their feelings and emotions.

• We recognise that the experience of domestic abuse is not the same for all victims/survivors. Race, culture and religion are part of the cycle, and it is important for us to recognise any additional barriers in disclosing and assessing people and accessing support for people from different backgrounds.

• We will always respect a person’s dignity.

Victim/Survivor Safety

• We put the victims/survivor’s needs at the centre of our thinking and actions.

• We will prioritise the safety and wellbeing of victims/survivors.

• We will respond to disclosures in a timely fashion assessing the level of risk of harm and act accordingly.

• We will adhere to our Safeguarding and Confidentiality policies.

Amplify the victims/survivor's voice

• We will seek feedback from victims/survivors where possible to inform and improve future practice.

• We will provide information on how to report domestic abuse or suspected domestic abuse.

• We will provide a safe space where anyone can come and talk to us about domestic abuse or suspected domestic abuse.

• We will provide information on what is Domestic Abuse.

Managing Domestic Abuse Cases

• We will complete a DASH risk assessment (Domestic Abuse, Stalking, Harassment and Honour Based Violence Assessment tool) to ensure the level of abuse is identified immediately upon disclosure.

• Each case will be allocated to a named case manager once the DASH risk assessment has been completed. If assessed as high risk, the case will be allocated the same day. If the case is standard-medium risk, the case will be allocated within 2-3 working days.

• Refer to other agencies for support and advice.

• Use our professional judgement to refer to MARAC (Multi Agency Risk Assessment Conference) the same day as the DASH risk assessment is completed if the victim/survivor is thought to be high risk.

• Work closely with MARAC and other agencies to achieve the best outcome for the victim/survivor.

• Ensure we keep records of each individual case up to date, accurate and fully informed.

• Ensure all evidence and data collected is kept confidential in line with our policy.

• Be non-judgemental and will not discriminate.

• Investigate any anti-social behaviour reported to us with a domestic abuse lens.

• Provide a safe space for victims/survivors to talk to us.

• Ensure a victim’s property is safe and secure if they wish to remain in their property and where the perpetrator does not live in the property, if they choose to do so. Sanctuary schemes are available to support with this.

• If mhs are unable to provide safe accommodation for victims/survivors within our own housing stock, we have an agreement with the local authority and other housing providers where a victim/survivor an maintain their tenancy in an area which will be safe and affordable. This is not considered as emergency accommodation.

• Consider our safeguarding responsibilities to include Safeguarding Children and Adults

• Work in accordance our data sharing agreements and policy.

• Ensure all staff are trained to a basic level to understand and identify the signs of domestic abuse.

• Ensure all front-line staff have tailored training according to their role.

• We will ensure information on domestic abuse including the definition of, support groups and how to contact us if you are concerned you, or someone you know is experiencing domestic abuse is on our website. A quick Exit button will be in place.

• Ensure our procedures for domestic abuse from start to finish are in place and accessible to all staff.

• Monitor all the above to ensure we maintain high standards of practice and to ensure domestic abuse is at the forefront of our values.

• Flag identified perpetrators on our case reporting system.

Intersectionality and Anti-Racism

• We fully understand that many victims/survivors experience barriers to disclosing domestic abuse due to discrimination, such as racism, sexism, ageism and homophobia or a combination of these.

• Our practice includes training, learning and development for intersectionality and anti-racism so that all staff have an understanding, especially those working on the front line with domestic abuse.

• We collect and analyse data on all demographics and protected characteristics in line with our confidentiality policy and use this information to inform future practice ensuring we can signpost specialist domestic abuse services both in our local areas and globally.

Violence Against Women and Girls (VAWG)

• Although anyone can experience domestic abuse statistics prove that perpetrators are predominantly men.

• We aim to encourage our team to challenge behaviours and comments that are derogatory to women and girls by raising awareness and taking part in campaigns, training and via other channels.

Holding Perpetrators to Account

• mhs understands that Domestic Abuse of any kind is not OK.

• Engagement with perpetrators should include reinforcing that they are solely responsible for their choice to use abuse, informing them about the consequences and impacts of their actions, challenging them to accept responsibility, and assisting them to seek help to change their behaviour whilst ensuring our actions do not cause harm to the victim/survivor.

• There is no excuse for domestic abuse, and we will send a clear message to everyone stating it is not OK and is a criminal offence.

• Domestic abuse is a criminal offence, and we will work with the police and other agencies involved to sanction perpetrators as appropriate.

• We will support the victim/survivor to obtain a referral through the National Centre for Domestic Violence (NCDV) for an emergency Prohibited Steps Order, emergency Non-Molestation Order or and Occupation Order

• Support the victim/survivor to request information on the perpetrator using Clare’s Law (Domestic Violence disclosure Scheme).

• Supporting the victim/survivor to a seek a Domestic Violence Protection Order/Notice.

• Domestic abuse is a clear violation of our tenancy agreement, where necessary, we will take enforcement action against the perpetrator.

• If safe to do so, we will signpost perpetrators to specialist support if they acknowledge their behaviour and show a desire to change.

• We will listen to and take into consideration the views of the victim/survivor before taking any enforcement action against the perpetrator whilst assessing risks and safeguarding concerns.

• We will seek feedback from perpetrators where possible to inform and improve future practice.

Stakeholder Insight and Engagement

Relevant staff including managers and frontline delivery have been consulted on this policy and its application within their service areas.

Customers have been consulted on this policy.

Training

Customer experience training is given to all staff to ensure they have a good understanding of good service delivery and how to recognise, record and adjust service delivery in relation to supporting victims and survivors of domestic abuse and holding perpetrators to account.

An annual programme of Equality Diversity and Inclusion training is delivered to all staff, including unconscious bias, discrimination awareness and legal responsibilities under the Equality Act 2010

All staff will be provided with a basic form of domestic abuse training, and then following on as required, will receive additional training dependent on their role within mhs. Refresher training will occur after a maximum of 3 years. Other training will take place as and when it presents.

Assurance and Monitoring

Equality Impact Assessments will be conducted on all relevant policies, including this policy.

Internal audit will be used to give assurance that this policy’s requirements are being complied with

We will use feedback and insights from complaints, Tenant Satisfaction Measures and other sources to verify that this policy is being complied with.

This policy follows the guidance set out by The Domestic Abuse Housing Alliance and complies with all legal and regulatory requirements.

The policy will be monitored, alongside the Domestic Abuse Procedure for customers every 2 years to ensure it remains true to our practice. This will be done through case audits and ensuring any changes to the government guidelines are made.

Legal and Regulatory Overview

Set out the relevant legislation for this policy and the relevant regulations/regulator(s). This may include Regulator of Social Housing, Charity Commission, Health & Safety Executive.

Principles

Equality statement

mhs homes has a duty to ensure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

​​​​​​​Data protection

mhs homes will only share information that meets the requirements of the Data Protection Act 2018 and the UK GDPR. Confidentiality and impartiality will be exercised by mhs homes at all times.

Feedback

We welcome suggestions and comments from people who use or provide our services. We believe that this can provide some important lessons to help us ensure that the service is improved for everyone.

If you have something to say about this policy or the information that is provided, then please let us know. Please refer any comments to the author of this document.