Domestic Abuse & Safeguarding Guidance for England & Wales

If you are in immediate danger

1. What Is Domestic Abuse?

Under the Domestic Abuse Act 2021, domestic abuse includes abusive behaviour between people aged 16 or over who are personally connected. Abuse can be a single incident or a pattern or course of behaviour.

Domestic abuse includes:

• Physical abuse
• Emotional abuse
• Psychological abuse
• Sexual abuse
• Financial or economic abuse
• Coercive and controlling behaviour
• Stalking and harassment
• Digital and online abuse
• So-called “honour”-based abuse
• Forced marriage
• Immigration-related abuse

2. What Is Safeguarding?

Safeguarding means protecting children and adults from abuse, neglect and other harm. It can include prevention, early intervention, risk assessment, information sharing where lawful and necessary, and multi-agency support.

Safeguarding can involve:

• Children
• Adults with care and support needs / adults at risk
• Victims of abuse
• People at risk of harm
• Prevention
• Early intervention
• Risk assessment
• Multi-agency support

3. Types of Domestic Abuse

4. Men and Women Can Both Be Victims

Domestic abuse affects women, men, LGBTQ+ people, older people and disabled people.

Official source: ONS – Domestic abuse victim characteristics.

5. Domestic Abuse Support for Women

6. Domestic Abuse Support for Men

7. LGBTQ+ Domestic Abuse Support

8. Child Safeguarding & Domestic Abuse

Children exposed to domestic abuse can be victims in their own right under the Domestic Abuse Act 2021.

Children may experience:

• Trauma
• Anxiety
• Behavioural issues
• Educational problems
• Sleep difficulties
• Long-term emotional harm

9. Safeguarding Agencies

10. MARAC – Multi-Agency Risk Assessment Conference

MARAC is used for high-risk domestic-abuse cases. It is a non-statutory multi-agency process in which relevant agencies share information and coordinate action to reduce serious harm or homicide risk.

Agencies can include:

• Police
• Social services
• Health services
• Housing
• Probation
• Independent Domestic Violence Advisers
• Domestic-abuse specialists

Purpose:

• Share relevant intelligence lawfully
• Create coordinated protection plans
• Protect adult and child victims
• Reduce serious-harm and homicide risk
• Manage perpetrator risk

11. Court Protection Orders

12. Evidence in Domestic Abuse Cases

Useful evidence can include:

• Text messages
• Police reports
• Photos of injuries or property damage
• Medical records
• Witness statements
• Social media
• CCTV or doorbell footage obtained lawfully
• Call logs
• Bank statements or other financial evidence
• School, health, housing or social-care records
• A clear chronology of incidents

Courts may consider patterns of behaviour, credibility, risk and child welfare.

13. Family Court & Domestic Abuse

Family courts follow Practice Direction 12J when domestic abuse is alleged, admitted or otherwise raised as a relevant issue in child-arrangements proceedings.

PD12J governs issues including:

• Child contact where abuse is alleged
• Risk assessment
• Whether a fact-finding hearing is necessary
• The impact of domestic abuse on the child
• Whether contact can safely take place

Fact-finding hearings

A fact-finding hearing is not automatic simply because an allegation is made. The court decides whether findings are necessary to resolve issues relevant to the child’s welfare and the orders being considered.

Section 7 reports and risk assessments

The court may direct Cafcass, Cafcass Cymru or, in some cases, a local authority to prepare a report under section 7 of the Children Act 1989. Section 16A provides for risk assessment where a relevant officer suspects a child is at risk of harm.

Repeated applications and coercive control

PD12J requires the court to consider whether future applications could form part of continuing coercive or controlling behaviour. In appropriate cases the court can consider a section 91(14) order, requiring permission before specified further applications are made.

14. Clare’s Law

Clare’s Law is the commonly used name for the Domestic Violence Disclosure Scheme.

• Right to Ask: someone can ask police whether a current, former or potential partner has a relevant history of violent or abusive behaviour.
• Right to Know: police can consider proactively disclosing information where necessary to protect a person from domestic abuse.

A friend, relative or professional can also make an application because they are concerned about someone, although any disclosure is made to the person police consider best placed to protect the person at risk.

15. Safeguarding for Migrants & Immigration Victims

Abusers may use:

• Immigration status
• Passport confiscation
• Deportation threats
• Visa control
• Withholding immigration documents
• Threats to report someone to immigration authorities

Some victims may qualify for the Migrant Victims of Domestic Abuse Concession, which can provide temporary immigration permission and access to public funds where the eligibility rules are met.

16. Honour-Based Abuse & Forced Marriage

So-called honour-based abuse can include:

• Family coercion
• Threats
• Violence
• Spiritual or religious abuse
• Dowry-related abuse
• Marriage abandonment
• Immigration exploitation

Forced marriage is illegal. It is a forced marriage if one or both people do not or cannot consent and pressure or abuse is used. In England and Wales, causing a person under 18 to marry is also a forced-marriage offence even without proof of coercion.

Forced Marriage Unit

020 7008 0151 – Monday to Friday, 9am to 5pm
020 7008 5000 – out of hours
fmu@fcdo.gov.uk

Forced Marriage Protection Order

A person at risk can apply to the family court for a Forced Marriage Protection Order. Urgent without-notice orders may be available where appropriate. There is no court fee.

17. Workplace Safeguarding

Employers increasingly provide:

• Domestic-abuse policies
• Workplace safety planning
• Flexible working or leave arrangements where available
• Confidential HR support
• Changes to workplace contact or access arrangements

18. NHS & Health Safeguarding

Healthcare professionals may:

• Make safeguarding referrals where appropriate
• Record and treat injuries
• Assess immediate risk
• Refer to specialist domestic-abuse services
• Provide medical evidence where appropriate

19. Refuge & Safe Accommodation

Victims may access:

• Emergency refuge accommodation
• Safe houses
• Specialist supported accommodation
• Sanctuary schemes
• Community outreach support

London-specific support information:

20. Key Emergency Contacts

21. Important Official Resources

22. England and Wales Have Different Safeguarding Frameworks

The Domestic Abuse Act 2021 and many criminal and family-court provisions apply across England and Wales, but devolved safeguarding and social-services systems differ.

23. Adult Safeguarding

The phrase “vulnerable adult” is still commonly used, but modern safeguarding law uses more specific legal tests.

24. School, College & Education Safeguarding

Domestic abuse can affect attendance, concentration, behaviour, emotional wellbeing and a child’s sense of safety. Education settings should follow the safeguarding framework applying in their nation and their own safeguarding policy.

25. Housing & Homelessness

Domestic abuse can make it unsafe or unreasonable to remain in a home.

26. Legal Aid

You may be able to get legal aid for family-law problems connected with domestic abuse if the eligibility rules are met.

Legal aid can potentially help with:

• Protection from abuse or harassment
• Children disputes where domestic abuse is relevant
• Divorce or financial issues linked to an abusive relationship
• Forced-marriage protection
• Some immigration matters

Evidence for legal aid can come from sources including courts, police, MARAC, social services, health professionals and refuge managers.

27. Special Measures & Protection in Family Court

Family Procedure Rules Part 3A requires the court to consider vulnerability and participation needs.

Possible participation measures can include:

• Screens or arrangements preventing parties seeing one another
• Live-link participation or evidence
• Communication aids
• Intermediary assistance where appropriate
• Other case-management arrangements needed for fair participation

Cross-examination in person

The Domestic Abuse Act 2021 introduced protections prohibiting direct cross-examination between alleged perpetrators and victims in specified family-court circumstances. In some cases the court can appoint a qualified legal representative for the limited purpose of cross-examination.

28. Keeping Your Address & Contact Details Private in Family Court

If revealing your address, phone number, email address or a child’s contact details could create a risk, Form C8 can be used to ask the family court to keep those details confidential from other parties.

29. Sexual Abuse, Rape & Sexual Assault

Sexual abuse can occur within a marriage, civil partnership or intimate relationship. Consent is required every time. Sex without consent can amount to rape even where the people are married or in a relationship.

Sexual Assault Referral Centres (SARCs) can provide medical, practical and emotional support. A person can seek SARC support even if they have not decided to report to police.

30. If You Are Worried About Your Own Behaviour

People concerned that their behaviour is abusive can seek specialist help. Getting help does not excuse abusive behaviour, but specialist intervention can help someone take responsibility and change.

31. Practical Safety & Record-Keeping

Where it is safe to do so, practical steps can include:

• Keeping emergency numbers somewhere safe
• Speaking to a specialist service about a safety plan
• Keeping important documents accessible if safe
• Recording incidents in a secure place where this will not increase risk
• Saving relevant messages or financial information safely
• Using a safer device if technology is being monitored
• Telling a trusted person, GP, school safeguarding lead or other professional where appropriate
• Considering Form C8 if family-court contact details must remain private

32. Official Source Library