domestic abuse and child protection

1. Domestic Abuse and Child Protection Scottish Women�s Aid Conference - 15th September 2010 Janette de Haan www.womenssupportproject.co.uk janettewsproject@btconnect.com

3. Outline Children living with domestic abuse - what does this mean for child protection? Current responses Improving outcomes

4. Component of significant harm/likelihood of significant harm Significant harm can be as a result of a �one off� incident, a series of �minor� incidents or as a result of an accumulation of concerns over a period of time. If parent/carer responsible for that significant harm = child protection

5. It must be recognised that it is not necessary for children to directly witness or be subject to abuse to be affected by it. Domestic abuse can result in profound disruption to the stability and nurturing environment of a child's home, impacting on their physical, emotional and psychological wellbeing. Furthermore, it must be recognised that young people may experience domestic abuse in their own relationships. (domestic abuse delivery plan)

6. Coercive Control is a rational, instrumental strategy for maintaining privileges by enforcing gender inequality in personal life (Evan Stark) Assault Intimidation Isolation Control INCIDENTS��

7. Key differences between male and female perpetrators of domestic violence. Men perpetrators in much greater number of incidents. Violence used by men against female partners much more severe than that used by women against men. Violence by men much more likely to involve fear by and control of female victims, i.e. �intimate terrorism�. Women more likely to use weapons, and often in order to protect themselves. Female perpetrators more likely to be seen as alcoholic, or mentally ill. Children were present in the majority of incidents (55%). (Hester 2009 - 549 incidents and 96 perpetrators male and female tracked over 6 years: Who is doing what to whom)

8. men�s violence to female partners is the most common context for child abuse male domestic violence perpetrators are more likely to be abusive to children and more extremely so the more severe the violence to a female partner, the more severe the abuse of children in the same context children may experience multiple forms of abuse.

9. GIRFEC approach. Out of 7 examples 5 had domestic abuse as a feature the others were possible but not stated. All women alone with children. No mention of father.

10. ASSIST the domestic abuse court support service in Glasgow in their latest weekly bulletin states that, regarding children and young people, they have had since April this year 1,688 referrals; 803 of these are repeats; 407 witnessed the incidents. ACPOS Study - 2006 over two week period - 45% of d.a. incidents reported to the police had children in the family. 91% referred to Reporter

11. Child protection concern�not always child protection measures Automatic child protection referral?

12. Current responses. Social work/child protection Civil proceedings - contact and residence

13. There are contradictions in approaches to domestic abuse as a child protection concern Within and between agencies such as social work/child protection, criminal justice, children�s hearing system, civil and court proceedings Guidance, procedures, challenging and changing attitudes to domestic abuse often not reaching practitioners

14. Social Work Response to domestic abuse Recognition of the necessity to respond to domestic abuse - Area Child Protection Committees - domestic abuse on the agenda A requirement to protect children Aim; involvement with whom; protection; resources; assessing risk

15. Leaving does not guarantee safety Leaving, or at the point of leaving - most dangerous time for women and children Responsibility on woman to protect The invisible man

16. �When considering the safety of children in domestic abuse situations it is essential to consider the mother�s safety as well. As previously highlighted the safety of the mother is critical to the safety of children. Consideration should be given to constructing a safety plan� (North and South Lanarkshire CP Committees Good Practice Guidance on domestic abuse and the Protection of Children)

17. Guard against: Colluding with abuse Woman blaming - judging woman on his behaviour Expecting woman to make life changing decisions at a time when she may be at her most vulnerable Not considering ongoing protection

18. Instead: Help women name abuse Recognise her demeanor as a possible consequence of ptsd - to understand why a victim of d.v. acts as she does requires that professionals have an awareness of the impact of d.v. including how it affects a woman�s ability to care for her children - not a �bad mother� Understand how an abusive man has created this situation Look at what the woman needs to cooperate with social work and support the children

19. �The fact that many women gain fulfillment and social affirmation from their role as mothers is well known to perpetrators of domestic violence, who may use that knowledge against women, directing their attacks towards this aspect of their partner�s life to undermine her identity as a mother and also the mother - child relationship� (Bad mothers and invisible fathers: parenting in the context of domestic violence)

20. In one study..women reported losing their self confidence as mothers, being emotionally drained and with little to give their children, taking out their frustrations on their children, and experiencing an emotional distance between themselves and their children. How did this happen?

21. However�. The majority of women experiencing violence from male partners cope quite well and parent successfully (Radford & Hester 2006; Sullivan et al. 1999) Key practice issue � high impact on mothering probably means high level of dv from male partner to both mother and child

22. �Children who lose their primary attachment figure are significantly more likely to commit suicide, suffer depression, low self esteem and other problems. Accordingly it doesn�t make sense to separate a child from their primary attachment figure unless the parent is unsafe� Children�s Act �Exclusion Order�?

23. Contact and Residence Proceedings

24. Cases involving contact and residence - Scottish Courts No of cases (09/10) 3,047 Male pursuer 1,111 Female pursuer 508 Gender of pursuer unknown 1,428 Child welfare hearings 2,236 Proofs allocated 208 McGuckin Study:Allegations of domestic abuse were mentioned in 30% of actions involving contact. In 18% of contact applications, allegations were made against fathers. Allegations involving new partners featured in 8% of contact cases and in 3% of cases, allegations were made against mothers.

25. Children Scotland Act (1995) New Section 11 - "places a duty on courts considering parental responsibilities orders to have regard to protecting the child from abuse (inc domestic abuse)"

26. Starting the Court Process

27. Fathers as domestic abuse perpetrators

28. Murder in Britain study Cavanagh, Dobash & Dobash (2007) - 26 cases of fatal child abuse perpetrated by fathers (under 4 years) Men were undereducated, underemployed with significant criminal histories. Almost three-quarters had also been violent to child�s mother (i.e domestic violence). Gross lack of fathering skills � unreasonable expectation and low tolerance of normal childhood behaviour, jealous and resentful of children. Conclude that gender dynamics & generational boundaries important issues in these cases

29. Institutional Failure, Social Entrapment and Post separation abuse (Clare Connelly) Threats.. CR12.. Since separation in 2000 the pursuer has suffered continual verbal and physical harassment, physical abuse and text message harassment e.g� �I will make sure U are scarred for life you fuckin� shitebag A later message stated, �remember who is to be scarred for life�

30. Death to pursuer and pursuer�s child.. CR16. Following separation, the defender continued to physically and verbally abuse the pursuer, he would regularly state that he would �see her in a box� and he would �cut her throat�. Recently he has informed the pursuer that she would be cutting her own throat� if she went to see a solicitor and that she would be signing a death warrant if she proceeds with the court action against him. CR211�� �My aim is to give you a nervous breakdown and I�m not nearly finished yet, keep looking over your shoulders, and sleep well�

31. Focusing on violent men Difficult and dangerous to deal with Disappear Manipulate practitioners (Farmer 2006)

32. Domestic violence & contact as context for child homicides Saunders (2004) examined homicides of 29 children from 13 families killed in the context of post-separation contact or residence (1994-2004): Domestic violence was involved in at least 11 of the 13 families. In five of the cases contact had been ordered by the courts.

33. Examples Nine situations at WSP - women in contact proceedings - raising concerns about child�s safety either because of domestic abuse, or child sexual abuse or both Four out of the nine women only have contact with their child(ren) as residence is with the father in spite of a history of domestic abuse from him and in two of the four cases there are allegations of csa

34. Common Themes: History of domestic abuse All women allowed contact thinking child had right to see father During contact - concern for child�s safety Voice this to a solicitor/social worker/court - can turn against them Domestic abuse often not seen as significant by solicitors Vast amounts of money being spent to protect children Abusers continue to manipulate - the court, the social worker, the contact centre staff Women seen as �hysterical�, annoying, vindictive, coaching, parental alienation syndrome

35. Common themes contd. Women judged on his behaviour - why did you stay, why did you �allow� him to behave this way Her response to his behaviour - going along, appeasing, the effects of abuse Effects of abuse - affects credibility Lack of understanding of the nature/dynamics of domestic abuse and/or child sexual abuse by those considering the best interests of the child Reporters to Sheriffs ��she is labelled as unfriendly and uncooperative when better practice would be for courts to use their authority to discourage abusive men from intimidating and scaring their ex partners� (Hannah and Goldstein)

37. Because of the effects of trauma, the victim of battering will often seem hostile, disjointed, and agitated, while the abuser appears friendly, articulate, and calm. Evaluators are thus tempted to conclude that the victim is the source of the problems in the relationship. (Lundy Bancroft)

38. All court personnel to have an understanding of domestic abuse and child abuse and its impact post separation (and solicitors) Separation does not guarantee protection Look at the precautions taken into account in criminal proceedings - but not in civil Consider how fearful and intimidated women might be in court coming face to face with an abuser Ask the questions - does he really care about the children if he treats their mother so badly? Is he using the contact to get back at her? - maybe even abusing the child to get back at the woman

39. Criteria for Reporters to court in civil proceedings (SG research) Contact centres have potential to be developed to contribute appropriate information to court - sw contact centre e.g. Social Workers to be trained to deal with allegations of domestic abuse/csa in contact proceedings Improve data collection

40. The best interests of a child Contact with both parents if safe and healthy Assessment needs to be well informed to decide on this When children say they want to see a father where he has abused the mother this is often accepted and allowed When children say they don�t want to see the father this is seen as the woman coaching and putting the child against the father Use the options available in for children to have a voice So, are we listening to children�. Now that we are more aware - are we offering more protection?

41. Different contexts � three planets Domestic violence - ADULTS Child protection - Child Child contact - Parents (Marianne Hester - University of Bristol)

42. �Viewing child abuse through the prism of woman battering reveals that both problems originate in conflicts over gender identity and male authority�. Evan Stark, Social Worker & author of �Coercive Control� �The key principle for all agencies should be that woman protection is frequently the most effective form of child protection. This simple philosophy could change practice fundamentally and enable women to have more confidence in agencies. It does not prevent an acknowledgement that, in some instances, women�s and children�s interests and needs may not be compatible, temporarily or permanently� Professor Liz Kelly, CWASU

43. Assessing Risk to Children from Batterers (Bancroft and Silverman) and The Batterer as Parent Coercive Control - How men entrap women in Personal Life(Evan Stark) Domestic Violence, Abuse and Child Custody - legal strategies and policy issues (Hannah and Goldstein 2009) Domestic Violence and Child Abuse - what is the connection - do we know? (Michael Johnson) Mothering through domestic violence (Marianne Hester) Bad Mothers and Invisible Fathers - parenting in the context of domestic violence Children living with domestic violence - assessing risk (Martin Calder) National Domestic Abuse Delivery Plan