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Contents

1. Introduction 
2. Notifications by the Police
3. Referrals by Other Professionals
4. Response to Notifications and Referrals

1. Introduction

Significant Harm resulting from domestic abuse may manifest itself in a variety of ways including physical violence, emotional or psychological abuse, sexual violence and abuse, financial control and abuse and the imposition of social isolation or movement deprivation.

The definition of ‘harm’ in the term Significant Harm as “the ill treatment or impairment of health and development” was extended so that it is made explicit that harm may include "impairment suffered from seeing or hearing the ill treatment of another".  (This amendment to the Children Act 1989 was made in section 120 of the Adoption and Children Act 2002, which came into effect on 30 January 2005.)

Where there is domestic abuse, the implications for the children in the household must be considered.  Children who are experiencing domestic abuse may benefit from a range of support and services – often supporting the non-abusing parent is the most effective way of promoting the child’s welfare - and some may need safeguarding from harm; research evidence indicates a strong link between domestic abuse and all types of significant harm.

Any agency assessment should consider the possibility of domestic abuse and ensure organisational responses safeguard both the child or children and the non-abusing parent. 

2. Notifications by the Police

The Police are often the first point of contact and they should safeguard the safety of the victim and:

• Ascertain whether there are any children living in the household or if the victim is pregnant;
• Make a preliminary determination of the degree of exposure of the children to the incidents of abuse and its consequent impact;
• Establish if children are subject of any court orders or subject to a Child Protection Plan;
• Explain that Children’s Social Care Services and relevant health professionals will be informed of every incident of domestic abuse in households with children and may be contacting the family. This explanation should be made at the first available opportunity, with due regard to the potential impact on the situation;
• Where possible provide the victim with information on local support services and refuge details, taking into account any ethnic or cultural issues (available form local domestic abuse forums).

The Police should then:

• Notify Children’s Social Care Services whenever they become aware of an incident of domestic Abuse (via Form 39/24) including information as to whether the family have been informed of the Referral at this stage and if not, when the police are likely to inform them;
• Notify by fax or email the Named Nurse of the relevant locality within NHS Surrey of the information from Form 39/24.

3.  Referrals by Other Professionals

All professionals are reminded of the guidance in Working Together (Paragraph 11.88, 2010) which states:

“Normally one serious incident or several lesser incidents of domestic violence where there is a child in the household would indicate that Children’s Social Care should carry out an initial assessment of the child and family, including consulting existing records.”

When any professional becomes aware of domestic abuse within a family they should make an assessment as to the impact on the child.

The professional should consider a referral to Children's Social Care Services.  In circumstances where there have been 3 known incidents of domestic abuse, a referral must be made to Children's Social Care Services.

4.  Response to Notifications and Referrals

On notification of an incident of domestic abuse within a family, the minimum response by Children’s Social Care Services must be to consult existing records and consider what else is known of the family.

For referrals and notifications of any serious incidents of domestic abuse where there is a child in the household then in addition to the above, an Initial Assessment must be considered.

Lesser incidents should be considered individually, but no more than three minor incidents should be allowed to occur without the completion of at least an Initial Assessment.

If at any point it is suspected that a child has or is likely to experience significant harm as a result of domestic abuse, a Section 47 Enquiry must be undertaken.

All Initial Assessments must be undertaken on the basis of the Assessment Framework.

Whenever an Initial Assessment is undertaken, or at any time thereafter, all agencies involved with the family should be informed of any domestic abuse incidents.

Where the parents are separated, the agreed arrangements for contact between the child and the non-resident parent should be considered as part of the Initial Assessment.

Where the family refuse to co-operate with an Initial Assessment, consideration should be given to the justification for a Section 47 Enquiry – see also Working with Uncooperative Families Guidance and Working with Violent and Abusive Families Guidance.

End