Domestic Abuse (including MARAC)

1. What is Domestic Abuse?

Definition of Domestic Abuse

Domestic abuse is defined in the Domestic Abuse Act 2021 as “abusive behaviour between two people aged 16 years or above that are personally connected to each other, regardless of whether the behaviour consists of a single incident or a course of conduct (pattern of behaviour)”.

Abusive behaviour

Under the Domestic Abuse Act 2021, 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.

The following specific types of abuse are all recognised as types of domestic abuse:

1. 'Honour' based abuse;
2. Forced marriage;
3. Female Genital Mutilation.

For information about honour based abuse and forced marriage, see Honour Based Abuse Procedure and Forced Marriage Procedure.

For information about Female Genital Mutilation (FGM), see Female Genital Mutilation Procedure.

Personally connected

The term ‘personally connected’ means any of the following:

• 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;
• 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 with the same child;
• They are relatives.

Victims

Anyone can be a victim of domestic abuse.

This includes children when the child hears, sees or experiences the effects of the abuse between its parent or another relative. This includes unborn children.

Note: The Domestic Abuse Act 2021 uses the term ‘victim’ but not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a ‘victim’ and they may prefer another term, for example, ‘survivor’.

2. Domestic Abuse and Safeguarding

Safeguarding adults

A considerable proportion of safeguarding adults work relates to the abuse or neglect of people with care and support needs who are living in their own homes. Domestic abuse is perhaps most commonly thought of as violence between intimate partners, but it can take many forms and be perpetrated by a range of people. For example, Adolescent to Parent Violence and Abuse (APVA).

A safeguarding adults concern should be raised for adults that meet the criteria for safeguarding who are experiencing or at risk of domestic abuse.

For guidance, see: Adult safeguarding and domestic abuse-a guide to support practitioners and managers.

Controlling or coercive behaviour

For information and guidance when there are concerns about controlling or coercive behaviour, see: Controlling or Coercive Behaviour.

Safeguarding children

A child is considered a victim of domestic abuse if they hear, see or experience the effect of the abuse and are related to either the victim or the perpetrator. This includes children being used as a means to coerce or control the victim. This includes unborn children.

Whenever the above applies or may apply, a referral should be made to Children’s Services (if not already involved).

Where Children’s Services are involved with the family, it is essential that there is effective joint work to maximise the effectiveness of any intervention for the whole family.

3. Specialist Domestic Abuse Services and Support

Specialist services for the victim/adult

Local domestic abuse service

With the consent of the victim/adult a referral should always be made to a local domestic abuse service. This will ensure that the victim/adult has access to specialist support to reduce the level of risk and future harm. This may include support to protect themselves, access temporary accommodation or obtain an injunction.

Womens Aid have a directory of local services online: Local support near you

Information about local services may also be available in the Contacts and Practice Resources area.

Domestic Violence Disclosure Scheme (Clare’s Law)

The Domestic Violence Disclosure Scheme (DVDS), also known as ‘Clare’s Law’, enables the police to make a disclosure of information about an individual’s known history of abusive or violent offending when they consider that doing is necessary to protect someone else who is, or may be at risk of harm from domestic abuse (including a child).

The DVDS applies regardless of gender.

Disclosures are made via one of two available routes, known as the ‘Right to Ask’ and the ‘Right to Know’.

Right to Ask

Under the 'Right to Ask’, any victim or potential victim of domestic abuse can ask the police to disclose information about the previous abusive or violent offending of an individual they are (or were) in a relationship with. This is known as the ‘Right to Know’. Requests can also be made by a relevant third party, for example, a family member, if they are concerned that someone they know is experiencing, or at risk of violence within their relationship.

Right to Know

Under the ‘Right to Know’, the police can decide on their own initiative to disclose information when they deem the disclosure necessary and proportionate to protect someone. For example, if doing is the only way that an effective Safeguarding Plan can be put in place.

Further information

For further information about the scheme, including how to request information, how disclosure decisions are made and who information can be provided to, see: Domestic Violence Disclosure Scheme Statutory Guidance.

Domestic Violence Protection Orders

Domestic Violence Protection Orders (DVPO’s) provide protection to victims by enabling the police and magistrates to put in place protection in the immediate aftermath of a domestic violence incident.

With DVPOs, a perpetrator can be banned with immediate effect from returning to a residence and from having contact with the victim for up to 28 days, allowing the victim time to consider their options and get the support they need.

For further information see: Domestic Violence Protection Notices and Domestic Violence Protection Orders Guidance

NOTE: It is anticipated that from 2026 Domestic Violence Protection Orders will be replaced by Domestic Abuse Protection Orders (DAPOs) and Domestic Abuse Protection Notices (DAPNs). There are currently pilots underway in several areas.

Stalking Protection Orders

A Stalking Protection Order (SPO) protects victims of stalking. Only the police can apply for an order but, once in place it can prevent the perpetrator from doing certain things (such as entering locations where the victim lives or visits often) or order them to do others (such as provide the police with access to their social media accounts and devices). Breaching a SPO is a criminal offence.

For further information see: Stalking Protection Orders.

Victims of stalking can also contact the National Stalking Helpline for advice and support.

For further information see: National Stalking Helpline.

Injunctions

An injunction is a court order that either:

• Protects the victim or their child from being harmed or threatened by the perpetrator - this is called a ‘non-molestation order’;
• Decides who can live in the family home or enter the surrounding area - this is called an ‘occupation order’.

For further information see: Get an injunction if you’ve been the victim of domestic abuse.

Independent Domestic Violence and Sexual Violence Advisors (IDVA/ISVA)

An Independent Domestic Violence Advisor (IDVA) is specially trained to support a victim of domestic abuse with everything they need to become safe and rebuild their life. This can include help with housing, benefits, navigating the criminal justice process, representing the victim at meetings (such as MARAC) and working with all agencies to ensure an effective overall response. They assess and monitor risk and help develop and review safety plans.

An Independent Sexual Violence Advisor (ISVA) is similar to an IDVA, but they provide specialist support to victims of sexual violence or abuse. This includes those who have experienced violence or abuse that does not meet the definition of domestic abuse.

It is important to note that an IDVA or ISVA is not an advocate and the duty to appoint an advocate under Section 68 of the Care Act 2014 may still apply.

Specialist services for the perpetrator

When arranging specialist services for the victim, consideration should also be given to the benefit and availability of a referral to a specialist domestic abuse perpetrator service.

Under the Domestic Abuse Act 2021, support for perpetrators should go hand in hand with coordinated services for the adult.

The Home Office policy paper ‘Standards for domestic abuse perpetrator interventions’ provides practice guidelines for commissioning and delivering interventions and sets out 7 standards:

1. The priority outcome for perpetrator interventions should be enhanced safety and freedom (space for action) for all victim-survivors, including children;
2. Interventions should be located within a wider co-ordinated community response in which all agencies share the responsibility of holding abusive behaviour in view, enabling change in perpetrators and enhancing the safety and freedom (space for action) of victim-survivors and their children;
3. Interventions should hold perpetrators to account, whilst treating them with respect, and offering opportunities to choose to change;
4. The right intervention should be offered to the right people at the right time;
5. Interventions should be delivered equitably with respect to protected characteristics that intersect and overlap;
6. Interventions should be delivered by staff who are skilled and supported in responding to domestic abuse;
7. Monitoring and evaluation of interventions should take place to improve practice and expand the knowledge base.

For information about local services see: Contacts and Practice Resources

Other support for the victim/adult

Under the duty to provide information and advice, it may be appropriate and beneficial to share some/all of the following additional sources of support that are available to anyone who is, or may be experiencing domestic abuse:

Refuge

24 hour helpline: 0808 2000 247
Website: www.nationaldahelpline.org.uk

Available online:

• Live chat;
• Online message form.

Bright Sky

Bright Sky is a safe, easy to use app and website that provides practical support and information on how to respond to domestic abuse. It is for anyone experiencing domestic abuse, or who is worried about someone else. The app can be downloaded for free from the app stores. 

Website: www.hestia.org/brightsky

Womens Aid

Email: helpline@womensaid.org.uk
Website: chat.womensaid.org.uk

Available online:

• Live chat;
• Email contact;
• Survivors Forum.

Comprehensive list of specialist sources of support - GOV.UK

Website: Domestic abuse: specialist sources of support

Included are:

• Support for children and young people;
• Specialist services for specific groups including but not limited to LGBT+, older adults, deaf people, Muslim adults and the Jewish community;
• Welfare benefits and housing advice;
• Advice for victims with unsettled status in the UK;
• Support for specific types of abuse.

4. MARAC

Whenever a concern relates to Domestic Abuse the Safeguarding Adults Manager (SAM) and the lead police officer should consider the benefit in making a referral for a Multi-Agency Risk Assessment Conference (MARAC).

The MARAC is a meeting where agencies talk about the risk of future harm to adults experiencing domestic abuse and draw up an action plan to help manage that risk.

The four aims of a MARAC are as follows:

1. To safeguard adult victims who are at high risk of future domestic abuse;
2. To make links with other public protection arrangements in relation to children, people causing harm and vulnerable adults;
3. To safeguard agency staff;
4. To work towards addressing and managing the behaviour of the perpetrator.

Agencies at the MARAC will include:

1. The police (normally Chairing the conference);
2. Health;
3. Local authority children's services;
4. Housing;
5. Independent Domestic Violence Advisors (IDVA's);
6. Probation;
7. Local authority adult services;
8. Other specialists as relevant.

Agency representatives will discuss the case then agree and allocate actions, which may include:

Agency	Action
All agencies	Identifying high risk victims so they can provide an enhanced and responsive service in the event of an incident.
Police	Placing the victim's home on 'cocoon watch'; taking further action against the perpetrator if required; target hardening; providing panic alarms.
Health	Heightened awareness by health professionals around injuries sustained; ensuring that the victim is separated from the perpetrator upon presentation so that they are attended to by health professionals whilst they are alone.
IDVA/ISVA	Feeding back MARAC actions to the victim where safe; providing ongoing support to the victim; attending appointments with victims; assisting victim with finding new housing and education; ongoing co-ordination and communication between all agencies; continued risk assessment; feeding back on repeat victimisation to the MARAC; assisting victims with seeking legal assistance.
Children's Services	Agreeing to undertake an initial assessment of children involved in MARAC cases as appropriate; give additional support to the family; making referrals to children and adolescent mental health services.
Housing	Assisting with finding alternative accommodation; supporting applications for housing benefit and homelessness; implementing safety devices on the home property.
Education	Sharing information with appropriate staff to support children effectively; monitoring school performance and behavioural issues.
Probation	Using information from MARAC for pre-sentence report writing.
Adult Services	Making referrals to Safeguarding Adults and/or voluntary sector support, for example, Age Concern.
Refuge	Providing refuge accommodation; providing ongoing support to the victim.
Drug and Alcohol Team	Fast tracking access to specialist services and support.

Each agency is responsible for carrying out actions allocated to them.

Involvement and consent of the victim/adult

The consent of the victim/adult should be sought before making a referral. If the victim/adult does not provide consent, a referral should still be made if there are children involved or the level of risk is too high to manage by other means.

A referral should NEVER not be made because the victim/adult has been deemed to have the capacity to consent to the abuse taking place. Under the Domestic Abuse Act 2021, such consent can never be given:

“a person may not consent to the infliction of serious harm and, by extension, is unable to consent to their own death”.

The victim/adult should be informed of the referral, even if they did not wish it to be made.

The victim/adult is not directly involved in the MARAC, but represented by an appropriate advocate (normally an Independent Domestic Violence Advisor).

Making a referral

Before making a referral a DASH Risk Checklist should be completed to confirm whether or not it is appropriate.

Referrals for a MARAC should be made in line with local processes and requirements.

Please note: The DASH Risk Checklist is no longer used by the police but still being used by social services and other partner agencies. The tool that the police use is called the Domestic Abuse Risk Assessment (DARA).

For further information about DARA please see: Domestic Abuse Risk Assessment (DARA) Information for stakeholders.

5. Guidance and Resources

Statutory guidance

GOV.UK: Domestic Abuse statutory guidance

GOV.UK: Controlling or coercive behaviour statutory guidance framework

Non-statutory guidance

LGA: Adult safeguarding and domestic abuse: a guide to support practitioners and managers

NICE: Domestic violence and abuse quality standard

NICE: Domestic violence and abuse: multi-agency working guideline

Other resources

Safe Lives: Resources for professionals

Additional resources, including any developed locally may be found in the Contacts and Practice Resources area.