Domestic abuse policy

This policy applies to tenants and residents of Canterbury City Council. We have a separate policy for staff experiencing domestic abuse. The policy also applies to customers accessing council services.

The policy has been developed in consultation with residents and partner agencies. It sets out the council's responsibilities under the Domestic Abuse Act 2021.

It supports the government's vision for the Violence Against Women and Girls (VAWG) strategy and adheres to the principles of Domestic Abuse Housing Alliance's (DAHA) mission to improve the housing sector's response to domestic abuse through policy.

The council recognises domestic abuse is a serious issue and a crime.

We will take all forms of domestic abuse seriously and we are committed to providing a sensitive and confidential response to anyone who approaches us for help in cases of domestic abuse. 

Incidents of domestic abuse are common and critically affect many people's lives. Around 2.1m people experienced domestic abuse (1.4m women and 751k men) and 242 domestic abuse related deaths were recorded in the year ending March 2023.

The council promotes the view that everyone has the right to a life free from abuse in any form, and that domestic abuse is wholly unacceptable and inexcusable.

Our approach is to support anyone affected by all forms of domestic abuse. We will do this by raising awareness of domestic abuse and how to get support or help.

The council is dedicated to ensuring the wellbeing, health and safety of all who use our services. We recognise domestic abuse can affect anyone regardless of:

• ethnicity,
• gender,
• religion,
• class,
• age,
• sexuality,
• disability or
• lifestyle.

It can occur in a range of relationships including heterosexual, gay, lesbian, bisexual, transgender and within the immediate or extended family. In addition, domestic abuse can manifest itself in different ways within different communities.

We recognise men can also be victims of domestic abuse. However, domestic abuse disproportionately impacts women.

The council has a zero-tolerance approach to domestic abuse. 

Anyone who is experiencing, at risk of experiencing, or has experienced domestic abuse, should be able to raise this with the council without fear of stigmatisation and be provided with sufficient and appropriate support. 

For perpetrators who wish to change their behaviour, support can be accessed confidentially via the Respect Helpline on 0808 802 4040.

Victims with multiple disadvantages, such as from minority communities, face additional barriers in disclosing or seeking support for domestic abuse. The council understands the need for an intersectional approach and that certain characteristics or vulnerabilities will mean that some people are more likely to experience harm caused by domestic abuse. 

Intersectionality recognises victims and survivors experiences of domestic abuse are in part defined by their race, class, gender, sexuality, disability and other intersecting needs and characteristics. 

Victims and survivors of domestic abuse will experience overlapping and interdependent systems of discrimination or disadvantages based on the combination of these identities and experiences, which presents significant barriers to accessing support.

We take all reports of domestic abuse seriously and have a clear commitment to regularly train staff to deal with this. We always treat people experiencing domestic abuse in an empathetic, supportive and non-judgmental way.

This policy sets out our commitment, zero-tolerance approach to domestic abuse, support offered to victims and survivors of domestic abuse, and our approach to dealing with perpetrators of domestic abuse.

The purpose of this policy and its associated procedures is to set out how we will respond to cases of domestic abuse, support victims and survivors of domestic abuse, and hold perpetrators to account.

It sets out our commitment to take effective action to deal with all reports of domestic abuse.

It explains how we provide support tailored to the needs of the individual, working in partnership with specialised agencies to provide a coordinated response.

It aims to complement and work in parallel with relevant safeguarding statutory guidance and policies and procedures.

We aim to support and improve the safety of tenants, residents, leaseholders or clients who are victims and survivors of domestic abuse, and to prevent further incidents where possible.

When it does occur, we will take a collaborative, empathetic and survivor-led approach.

We will:

• Intervene early to address domestic abuse and prevent further abuse.
• Swiftly and decisively hold perpetrators to account for their actions with a focus on rehabilitation and maintaining the safety of the victims and survivors.
• Fulfill and deliver the aims of the Domestic Abuse Housing Alliance framework.
• Protect and provide sufficient support for victims and survivors of domestic abuse; including signposting and referrals to appropriate agencies.
• Adopt a trauma-informed approach.

Domestic abuse is defined as an incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour.

Domestic abuse is between:

• those that are aged 16 and over, who are or have been in an intimate relationship,
• family members, or
• those that have a parental relationship in relation to the same child.

A full definition of domestic abuse is in the Domestic Abuse Act 2021. 

The council undertakes Equality Impact Assessments of all major decisions and takes action to implement changes required to ensure that council services and policies consider the diverse needs of its service users and citizens.

Domestic abuse can be any of the following behaviours, between those aged 16 and over who are, or have been, intimate partners or family members, regardless of gender or sexuality:

• Physical abuse.
• Sexual abuse.
• Discriminatory abuse.
• Online or digital abuse.
• Economic or financial abuse.
• Controlling or coercive behaviour.
• Violent, threatening behaviour.
• Psychological, emotional or other abuse.
• Modern day slavery, so-called honour-based violence, forced marriage or female genital mutilation.

Coercive and controlling behaviour underpins domestic abuse.

Controlling behaviour is a range of purposeful behaviours including intimidation, isolation, emotional abuse and manipulation, which makes you feel controlled, humiliated, scared and frightened of the abuser. These behaviours are repeated and designed by a perpetrator to make a victim subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape, and regulating their everyday behaviour.

Coercive behaviour is an act or pattern of acts of assault, threats, humiliation and intimidation, or other abuse that is used to harm, punish or frighten their victim.

Controlling or coercive behaviours are repeatedly used for the perpetrator to achieve power and control over a victim and make them entirely dependent on the abuser. In an abusive relationship, these behaviours reinforce the threat or reality of physical abuse.

For the definition and policy to apply, both people must be aged 16 or over and personally connected. Personally connected is defined as people who:

• are married to each other,
• are civil partners of each other,
• have agreed to marry one another (whether or not the agreement is still in place),
• have entered into a civil partnership agreement (whether or not the agreement is still in place),
• are, or have been, in an intimate personal relationship with each other,
• are, or have been, parents of the same child or children, or
• are relatives.

Children under 18 are recognised as victims and survivors in their own right if they see, hear or experience the effects of the abuse or are related to the survivor or perpetrator. Safeguarding procedures will be considered in these scenarios.

Domestic abuse is a gendered crime, which is deeply rooted in the societal inequality between women and men. Domestic abuse is cruel, complex and can affect anyone regardless of race, ethnicity, gender, religion, sexuality, social class or disability. 

Some women experience other forms of oppression and discrimination, such as honour-based violence or forced marriage, and may face further barriers to disclosing abuse and finding help.

The Domestic Abuse Act 2021

The act:

• Raises awareness and understanding about the devastating impact of domestic abuse on victims and their families.
• Further improves the effectiveness of the justice system in providing protection for victims of domestic abuse and bringing perpetrators to justice.
• Strengthens the support for victims of abuse by statutory agencies.

The act introduced two new civil protection orders, that are intended to provide protection from all forms of domestic abuse.

Domestic Abuse Protection Notices is used to secure the immediate protection of a victim from future domestic abuse carried out by a suspected perpetrator for up to 28 days. It does not matter if the behaviour took place in England and Wales or elsewhere.

Domestic Abuse Protection Orders are flexible and longer-term - where needed, prohibitions or requirements for the purpose of preventing the perpetrator from being abusive towards his or her victim.

Domestic Abuse Protection Notices and Orders 

If you're a council tenant or leaseholder, a client or a resident in the district

You can contact the Housing team. We will offer support and advice, provide practical help and be sensitive and understanding when we discuss your options.

We are working to end domestic abuse and violence, and our staff are trained to deal with domestic abuse. 

Do not make any immediate decisions, such as giving up your tenancy, until you have received advice.

We recognise that survivors are never responsible for domestic abuse. We will take action to minimise the safety concerns and risks posed by the perpetrator, whilst working alongside the survivor and considering their views, opinion, what they want to happen and the best way to manage risk. 

We understand not every victim or survivor will want to end their relationship, or want us to take enforcement action against the perpetrator. We will therefore manage risk and ensure that as many safeguards are in place as possible.

Perpetrating domestic abuse will be taken extremely seriously. The council's general approach to dealing with the perpetrator will be in accordance with DAHA's Perpetrator Management toolkit. The safety of victims and survivors and their children will be central to the council's approach to holding the perpetrator to account.

Perpetrators are encouraged to access support to recognise, address and stop their abusive behaviour at the earliest opportunity. If a perpetrator refuses to engage with help and support but continues to commit abusive behaviour, the council will escalate early intervention or take legal action if this is within breach of a tenancy agreement held by the council.

For perpetrators who wish to change their behaviour, support can be accessed confidentially via the Respect helpline on 0808 802 4040, or the East Kent male domestic abuse programme on 07955 039 703.

We take into consideration:

• Protected characteristics. 
• Intersectionality and anti-racism.
• Accessibility and inclusivity.
• Interpreters and translators information.
• Employee training in the understanding of equality, diversity and inclusion.
• Cross-sector partnerships for victim support - (Rising Sun domestic abuse service, Clarion).

Partnership working is crucial to effectively respond to anyone experiencing domestic abuse. 

The needs of individuals - including victims and survivors, perpetrators and children - are multi-dimensional and interlinked. Meeting these requires integrated and joined-up services.

This involves us collaborating with other agencies that may have a role to play in supporting victims and survivors - including children - and holding perpetrators to account. This can include police, child social care, housing and health.

We will do this through:

• partnerships,
• signposting,
• data protection policies,
• sharing information with the victim's consent (sometimes without consent under certain circumstances), and
• sharing information (duty of care) if risk of safeguarding children and vulnerable adults is evident.

We follow multi-agency guidance:

• Safeguarding for adults at risk
• Safeguarding for children at risk

We will:

• Publicise information on domestic abuse.
• Raise awareness of the different help available and how to access it.
• Raise awareness of the support we offer.
• Support national campaigns, such as White Ribbon and VAWG.
• Provide ongoing staff training.
• Create campaigns to raise awareness.

We will:

• Value feedback from tenants and residents with lived experience of domestic abuse.
• Set up a focus group of survivors with lived experience of domestic abuse, and engage with them to get feedback on this policy.
• Review timescales in this policy every three years.
• Review best practice and changes to legislation.
• Listen to feedback from employees and residents to improve services.
• Commit to improve how we manage domestic abuse.

This policy will be reviewed every two or three years by the Safeguarding team, or sooner if there are any significant changes in legislation or local policy. This is to ensure it is effective and to identify any changes that need to be made.

We value the feedback from our customers, and will listen to and use it to improve the way we handle domestic abuse, and to review procedures and policies. We work with our local Resident Engagement Panel to ensure we deliver the best housing service to our tenants.

This policy supports the following UK legislation:

• Anti-social Behaviour Act 2003
• Anti-social Behaviour, Crime and Policing Act 2014
• Care Act 2014
• Claire's Law 2017 (Domestic Violence Disclosure Scheme)
• Domestic Abuse Act 2021
• Domestic Abuse Crime and Victims Act 2004
• Data Protection Act 2018
• Equality Act 2010
• FGM Act 2003
• Forced Marriage (Civil Protection) Act 2007
• Health and Safety at Work Act 1974
• Homelessness Act 2002
• Housing Act 1996
• Human Rights Act 1998
• Protection from Harassment Act 1997
• Serious Crime Act 2015

This policy is linked to some of our other policies:

• Allocations Policy
• Anti-social Behaviour Policy
• Community Safety Partnership Plan (if applicable)
• Data Protection Policy
• Kent and Medway Domestic Abuse Strategy 2024 to 2029
• Safeguarding Policy
• Safeguarding Children and Adults at Risk of Harm Policy
• Staff Domestic Abuse Policy
• VAWG Strategy
• Whistleblowing (Duty to Act) Policy

In addition, the council recognises its legal duties and obligations to all residents under the following legislation:

• Domestic Abuse Act 2021
• Housing Act 1996
• Domestic Violence, Crime and Victims Act 2004
• Children Act 1989
• Family Law Act 1996
• Civil Partnership Act 2004
• Protection from Harassment Act 1997
• Homelessness Act 2002
• Crime and Disorder Act 1998
• Criminal Justice Act 2003
• Public Order Act 1986
• Data Protection Act 2018
• Forced Marriage (Civil Protection) Act 2007
• Anti-social Behaviour, Crime and Policing Act 2014
• Homelessness (Priority Need for Accommodation) (England) Order 2002

In accordance with the Care Act 2014, the council has a legal duty to share information with the appropriate agency where there are serious concerns with a person’s health or safety. 

The council will inform the victim experiencing domestic abuse about what the council will do with their data. 

Consent will always be sought from the victim and survivor, but in cases where there is a significant risk of harm, the Safeguarding Policy will be adhered to. 

The council will always take into account someone’s ability to be able to consent under the Mental Capacity Act 2005, and consideration will be undertaken to explore inherent jurisdiction if capacity is limited due to significant control and coercion by another. 

The Crime and Disorder Act 1998 authorises the disclosure of information to, and requested information from, relevant authorities to work reduce crime and disorder and protect a vulnerable person.