1. Working With Children, Young People and Families Dysfunction Through Domestic Violence Myles Gilbert James Leverton Nikki Mulder Dave Welsh Megan White

2. Dysfunction Through Domestic Violence Contents of Presentation:- Definitions Law and Polices Physical and Psychological Dysfunctions on Children Role Models and Environmental Influences. Parental Dysfunction Due to Domestic Violence Role of Social Work Within the Field of Domestic Violence Aims of This Presentation:- To explore the issues of domestic violence and the adverse effects of this on children, young people and families. To inform of the laws, polices and the role of social work within addressing the issues of domestic violence.

3. Dysfunction Through Domestic Violence A Short Film: Definitions of Domestic Violence: ‘ any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’. (Home Office, 2011). domestic violence is physical, sexual, psychological or financial violence that takes place within an intimate or family-type relationship and that forms a pattern of coercive and controlling behaviour. This can include forced marriage and so-called 'honour crimes'. Domestic violence may include a range of abusive behaviours, not all of which are in themselves inherently 'violent'. (Women’s Aid 2009)

4. Dysfunction Through Domestic Violence DV has been seen historically in law as “Essentially PRIVATE”, however there is an increasing recognition of the context of child protection. (Brammer, 2010) The CA 1989 definition of HARM (ill treatment or impairment of health or development) was extended in the Adoption and Children Act 2002 to include “impairment suffered from seeing or hearing the ill treatment of another”. (Brammer,2010) CA2004 puts a duty on LAs to make arrangements to safeguard children in their areas who are living in households that contain DV. (Brammer, 2010)

5. Dysfunction Through Domestic Violence Legal remedies are provided through the Family Law Act 1996. This addresses areas of family live, for example divorce, separation, financial provisions, mediation and domestic violence. Part IV brings in two types of orders (formally injunctions) 1.Non Molestation Order. To protect child or adult from harm by another. 2.Occupation Order. Saying who can or can’t live in the family home, with the power of removal. (Legislation.gov) The Protection from Harassment Act 1997. (Brought in to address stalking and bullying in the workplace) But gives further protection against harassment (ie someone causing alarm or distress). (Legislation.gov)

6. Dysfunction Through Domestic Violence The DVCVA amends the Law in two respects. 1. It enlarges the class of associated persons (who are partners) now says “Cohabitants are two persons who, although not married to each other, are living together as husband and wife or (if of the same sex) in an equivalent relationship. (Brammer, 2010) 2. A person is associated with another person if:- “they have or have had an intimate personal relationship with each other which is or was of significant duration. (tries to include boyfriend and girlfriend). (Brammer, 2010) Additionally, there has been a change to the way breach of “non- molestation” orders are enforced. A person must have reasonable excuse for breaching the order, if they don’t have an excuse they are guilty of the offence and can be found guilty for an “insignificant” breach. (Bird,2005) The Domestic Violence, Crime and Victims Act 2004 (DVCVA 2004) modernised the Family Law Act with a view of strengthening the rights of victims and witnesses and introduces new offences and sanctions for perpetrators. (Brammer, 2010)

7. Dysfunction Through Domestic Violence The Act also introduced the “familial homicide” offence, where a child has died as a result of abuse (as in the Baby P case) and providing power of arrest for common assault. (Drakeford and Butler,2009 Furthermore the DVCVA introduced, in 2009, Restraining Orders. These could be imposed against perpetrators (even if acquitted of the offence).(Thomas, 2010) The Criminal Justice and Immigration Act 2008. Introduced “Violent Offenders” Orders. These orders can be placed on anyone with a prior history of convictions for violence to prohibit them from certain activities or contact with named persons.. (Thomas, 2010)

8. Dysfunction Through Domestic Violence The drive to change was from women’s groups who were seeking equality in “all forms of relationships” (Walklate, 1996 cited in Applegate 2005), Particularly in issues of power relationships in respect of DV and female rape (Rock, 1990 cited in Applegate 2005) Previously, police found DV as a private matter and very difficult to police so it was largely ignored. (Heidensohn, 2003, cited in Applegate 2005) Recent Changes: In 2000 the Home Office promoted the “Pro Arrest” policy in which the police were asked to consider using powers of arrest in cases of DV. (Thomas, 2010)

9. Dysfunction Through Domestic Violence In 2000 there was a move (with pressure from the home office )to a “partnership approach” of multi-agencies” working towards tackling abuse and supporting victims. (Home Office, 2000a) However police recording of DV is suggested to be 45% of actual offenses with a further 44% of victims withdrawing their complaints (Gaurdian 2004) Police are stated as being more positive in their actions to the policing of DV however there is still an element of junior frontline officers not being aware of the law and policy on DV thus still not being completely engaged in its prevention. (Applegate 2005) Recent Changes:

10. Dysfunction Through Domestic Violence References Applegate (2005), Changing local policy and practice towards the policing of domestic violence in England and Wales, School of Sociology Politics and Law, University of Plymouth. Bird, R (2005) The Domestic Violence and Victims Act: What are the changes. Family Law Week, Accessed 08/02/2012. http://www.familylawweek.co.uk/site.aspx?i=ed83http://www.familylawweek.co.uk/site.aspx?i=ed83 Brammer, A (2010), Social WorkLaw, 3 rd Ed.Pearson Education limited, Harlow, Home Office (2011), Cross-Government Definition of Domestic Violence: A consultation. Crown Copyright, Home Office. Accessed 09/02/2012. Thomas, T (2010), Domestic Violence, A Decade of Progress, Crimestoppers, Accessed 10/03/2012. http://www.crimestoppers-uk.org/media-centre/guest-writers/crimestoppers-guest-articles/domestic-violence-a- decade-of-progress-by-terry-thomas-145784 http://www.crimestoppers-uk.org/media-centre/guest-writers/crimestoppers-guest-articles/domestic-violence-a- decade-of-progress-by-terry-thomas-145784 Drakeford, M and Butler, I, (2009) Familial Homicide and Social Work, British Journal of Scoial Work. Accessed 12/03/2012. http://bjsw.oxfordjournals.org/content/40/5/1419.full.pdf+html?sid=039a3098-df87-411b-85a4- d8bc36719420 Legislation.Gov (1996), Family Law Act 1996. Crown Copyright. Accessed 01/03/2012, http://www.legislation.gov.uk/ukpga/1996/27/contents http://www.legislation.gov.uk/ukpga/1996/27/contents Legislation.Gov (1997), Protection From Harassment Act 1997. Crown Copyright. Accessed 02/03/2012. http://www.legislation.gov.uk/ukpga/1997/40/contents. Womenaid (2009), Domestic Violence: Frequently Asked Questions. Womanaid.Org, Accessed 09/02/2012, http://www.womensaid.org.uk/domestic_violence_topic.asp?section=0001000100220041&sectionTitle=Domestic +violence+%28general%29 http://www.womensaid.org.uk/domestic_violence_topic.asp?section=0001000100220041&sectionTitle=Domestic +violence+%28general%29