Annex 1
OVERVIEW OF POLICY RECOMMENDATIONS
Overarching recommendations to the Home Affairs
Select Committee
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| Refuge recommends the development of a national Government strategy on domestic violence together with realistic funding
| Refuge Report on "The British Response to Domestic Abuse" (February 1991; also submitted as written evidence to the Select Committee in 1992)
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Refuge recommends the implementation of a three pronged approach to domestic violence:
1. Protection: a stronger arrest and charge policy.
2. Prevention: national education and awareness raising of the issue of domestic violence.
3. Provision: national resources to support women and children escaping domestic violence.
| Refuge Report on "Research into the Canadian Approach to Domestic Abuse" (February 1991; also submitted as written evidence to the Select Committee in 1992)
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Refuge recommends that a national domestic violence strategy should:
— Be developed by government in close partnership with domestic violence specialists.
— Be based on a clear and gendered understanding of domestic violence, its causes and systematic, intentional nature.
— Monitor competence/compliance and accountability at the local level.
— Make initial training in domestic violence and continuing professional development, mandatory for all professionals across all sectors.
| Refuge's response to "Compensation and Support for Victims of Crime" (April 2004)
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1. PROTECTION FOR
VICTIMS OF
DOMESTIC VIOLENCE
Criminal justice response
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| Make available national data on the implementation of the Domestic Violence, Crime and Victims Act (2004)
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Develop a gendered definition of domestic violence and expand it to include young people experiencing intimate partner violence.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Develop a legal route for the successful prosecution of domestic violence perpetrators whose victims commit suicide.
| Refuge's response to "A New Homicide Act for England and Wales" (June 2006)
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Domestic Violence, Crime and Victims Act (2004)
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| Implement Sections 9 and 12 of the Act as a matter of urgency.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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Breach of a non-molestation order (Domestic Violence Crime
and Victims Act: Section 1)
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| Provide appropriate training to judges for the implementation of Section 1.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Ensure that all breaches of non-molestation orders lead to the arrest of the perpetrator.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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Familial homicide (Domestic Violence Crime and Victims Act:
Section 5)
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| Refuge recommends that responsibility for familial homicide (allowing the death of a child or vulnerable adult) is not applied to those under 16 years of age.
| Refuge's Response to the draft Domestic Violence, Crime and Victims Bill (July 2004)
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| In circumstances where a child has been killed by a parent, there should be routine assessment for the presence of domestic violence as well as the direction of the abuse eg who is abusing whom.
| Refuge's Response to the draft Domestic Violence, Crime and Victims Bill (July 2004)
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| Monitor the implementation of section 5. |
Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Refuge recommends that there are both conceptual and practical links between domestic violence and child homicide reviews.
| Refuge's Response to the draft Domestic Violence, Crime and Victims Bill (July 2004)
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Arrest, charge and bail
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| Police must carry out a rigorous arrest and charge policy.
| Refuge Report "I hit, therefore I need help" (February 1989)
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| "We recommend that the Inspectorate of Constabulary monitor the rate of arrest in domestic violence incidents".
| Refuge endorsed this recommendation made by the by the Home Affairs Select Committee on Domestic Violence in 1992
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| Discourage cautioning which downgrades and trivialises the crime.
| Refuge's Oral Evidence to the Home Affairs Select Committee on Domestic Violence (November 1992)
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| Introduce a system of "dip sampling" for monitoring the use of cautions.[65]
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Refuge would like a firm commitment for enhanced evidence gathering in order to avoid cases resulting in failure to convict.
| Refuge's Response to "Safety and Justice" (September 2003)
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| CPS to support the police by ensuring that, when there is sufficient evidence, cases proceed and perpetrators are prosecuted.
| Refuge's Response to "Living without Fear" (October 1998)
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| Ensure that victims are immediately informed of bail conditions.
| Refuge's Response to "Safety and Justice" (September 2003)
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Court process
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| All domestic violence victims should have automatic status as intimidated witnesses and the special measures available under this ruling should be made available without application.
| Refuge's Response to "Safety and Justice" (September 2003)
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| The ruling of preventing defendants without legal representation from cross-examining rape victims should be extended to all female victims of domestic violence.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Provocation should be removed as a partial defence for domestic violence. The criminal justice system should not reinforce the negative messages of the abuser and blame the victim for provoking the violence she has suffered.
| Refuge's Oral Evidence to the Home Affairs Select Committee on Domestic Violence (November 1992)
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| Evidence of previous violence should be admitted by court.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Courts should understand and recognise psychological abuse in the same way as psychiatric abuse.
| Refuge Report "Why nobody was there for little Chanel" (January 1992)
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Sentencing
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| Appropriate sentences should be given to men so that violence is not repeated. Sentences for domestic violence must match the crime and send a strong message to a perpetrator and society that violence is unacceptable.
| Refuge Report "A caution against cautioning" (March 1990)
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| There is a need for specialist training for the judiciary.
| Refuge Report "A caution against cautioning" (March 1990)
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| Courts should make more use of witness impact statements to ensure more appropriate sentencing.
| Refuge's Oral Evidence to the Home Affairs Select Committee on Domestic Violence (November 1992)
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| Repeal the guidance within the Sentencing Guidelines for Domestic Violence which states that there "may be circumstances in which the court can properly mitigate a sentence to give effect to the expressed wish of the victim that the relationship be permitted to continue".
| Refuge's Response to "Domestic Violence and Sentencing Guidelines" (May 2006)
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| Re-education for perpetrators should not be used as a diversion from prosecution but as part of sentencing.
| Refuge's Oral Evidence to the Home Affairs Select Committee on Domestic Violence (November 1992)
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Perpetrator programmes
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| National targets and available resources for the completion of IDAP must take into account the higher demand for IDAPs particularly in SDVC areas.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Refuge urges Government to adopt a cautious approach to perpetrator programmes. An evaluation of the long-term effectiveness of perpetrator programmes is required.
| Refuge's Response to "Safety and Justice" (September 2003)
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Independent Domestic Violence Advocates
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| Develop independent advocacy for children |
Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Provide additional funding for IDVAs | Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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Child contact
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| Whilst recognising that the Child (Contact) and Adoption Act (2006) has inserted a section on "Risk Assessment" (16A), Refuge continues to advocate for mandatory risk assessments and supports a rebuttable presumption of no contact with the perpetrator in domestic violence cases (as in New Zealand).
| Refuge's Response to "Safety and Justice" (September 2003)
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| Refuge recommends including children in non-molestation orders, thereby preventing contact between them and violent fathers until such time as it can be proven safe.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Refuge recommends, in line with the Children Act, that the wishes and feelings of all children should be ascertained in relation to any legal proceedings which involve them. Refuge has long campaigned for the provision of separate representation for children who are the subject of private law proceedings.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Courts should allow expert witnesses to give evidence on behalf of battered women as a matter of course.
| Refuge Speech "Address to solicitors" (May 1992)
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Access and affordability
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| Refuge advocates that remedies offered by the legal system should be accessible and affordable. It is unacceptable that those requiring protection should be expected to pay for it.
| Refuge's Response to the draft Domestic Violence, Crime and Victims Bill (July 2004)
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| Increase access to legal aid. | Refuge Report on "The British Response to Domestic Abuse" (February 1991; also submitted as written evidence to the Select Committee in 1992)
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Integration of the criminal and civil courts
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| Criminal lawyers/judges should be trained in family matters and vice versa to create "specially trained" domestic violence legislators.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Courts should implement mechanisms to allow information sharing across jurisdictions so that there is consistent enforcement of protection orders—for example, through a register of civil orders.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Clear mechanisms need to be put in place to ensure different court orders work together, rather than in variance.
| Refuge's Response to the draft Domestic Violence, Crime and Victims Bill (July 2004)
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| Refuge supports the idea of a "one-stop shop" where women could apply for a range of legal remedies and protections, including civil and criminal sanctions.
| Refuge's Response to "Safety and Justice" (September 2003)
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2. PROVISION OF
SERVICES FOR
VICTIMS OF
DOMESTIC VIOLENCE
Coordinated community response
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| Recognise the expertise of the voluntary sector within the development of a coordinated community response to domestic violence.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Develop the infrastructure and capacity of the voluntary sector to provide long term services.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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Lack of integration between national and local agendas
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| Ensure that national policy on domestic violence works in tandem with effective co-ordination at the local level.
| Refuge's Response to "Safety and Justice" (September 2003)
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| We recommend that the first priority for the Government action on domestic violence should be the establishment of a central, coordinated policy for refuge provision throughout the country.
| Refuge endorsed this recommendation made by the Home Affairs Select Committee on Domestic Violence in 1992
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Local Area Agreements
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| Ensure there is a national level performance indicator on domestic violence.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Ensure that the cross-cutting nature of domestic violence is recognised across the LAA policy blocks.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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Multi-agency responses
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| Establish a national interagency coordinating committee involving national organisations.[66]
| Refuge's Response to "Living without Fear" (October 1998)
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| Afford the voluntary sector the same level of professionalism and trust by allowing them to take on the role of lead professional in multi-agency fora when appropriate.
| Refuge's Response to "Every Child Matters" (November 2003)
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| Expand models of high risk multi-agency working to medium and low risk cases.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Develop national guidelines for the operation of MARACs.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Establish interdisciplinary training sessions to improve service delivery and improve information sharing.
| Refuge's Response to "Living without Fear" (October 1998)
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| Facilitate close liaison between adult and child services when managing difficulties created by and attempts to recover from, the impact of woman abuse.
| Refuge Report to the King's Fund (1998) |
| Develop a code of practice to bridge the gap between the two adult and child policy agendas in order to provide a holistic response.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Each large urban area should have a well publicised family crisis centre[67] open continuously.[68]
| Refuge endorsed this recommendation made by the Select Committee on Violence in Marriage in 1975
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Supporting People
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| Endorse Refuge's alternative framework developed for survivors of domestic violence.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| Recognise the importance of specialist services for BME women.
| Refuge's Response to "A Wrong not a Right" (January 2006)
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| We would advise against direct management of refuges by housing associations.
| Refuge's Response to "Living without Fear" (October 1998)
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| Provide secure funding to domestic violence service providers.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Local authorities must recognise the difference between violence against men and violence against women
| Refuge's Response to "Compensation and Support for Victims of Crime" (April 2004)
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Refuge space
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| Specialised refuge facilities should be available very readily and rapidly. One family place per 10,000 of the population should be the initial target.
| Refuge endorsed this recommendation made by the Select Committee on Violence in Marriage in 1975
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| We recommend that the first priority for the Government action on domestic violence should be the establishment of a central, coordinated policy for refuge provision throughout the country.
| Recommendation made by the Home Affairs Select Committee on Domestic Violence in 1992
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| Recognise that single women escaping domestic violence also have priority need for housing.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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| There is an urgent need for more affordable housing to ease blockages in refuge.
| Refuge's Response to "Safety and Justice" (September 2003)
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Psychological services
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| It is vital that specialist psychological assessment and support services are made available to women and that this support is closely integrated with a similar programme for their children.
| Refuge Report on Psychological Services (2001)
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Children's services
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| Fund dedicated services for children affected by domestic violence.
| Refuge's Response to "Safety and Justice" (September 2003)
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| Make Sure Start services accessible to children in refuge through introducing flexible criteria.
| Refuge's Response to "Safety and Justice" (September 2003)
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Recourse to public funds
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| Provide benefits to women with insecure status fleeing domestic violence.
| Refuge Report for Community Care Live (May 2004)
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Financial and social exclusion
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| Incorporate the impact of domestic violence within financial and social inclusion policy work.
| Refuge's Response to the Home Affairs Select Committee Inquiry into Domestic Violence (September 2007)
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3. PREVENTATIVE WORK
Public education
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| Develop a hard hitting national campaign through a partnership between Government, charity and business.
| Refuge's Response to "Living without Fear" (October 1998)
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Education campaigns should ensure:
— That there is a clear and consistent message to perpetrators and society that domestic violence is both unacceptable and criminal.
— That they educate women (particularly those from BME communities) about the legal protection that is available.
— That the reality of violence against women and children is not diluted within an all encompassing generic perception of "domestic violence" and "victims of violence".
— Information is given about the broad spectrum of abuse.
— That the myths about violence are challenged and that accurate information is presented to the public.
— That information is presented regularly and in a variety of formats as part of a long term and appropriately funded strategy.
— That information is presented in a range of languages and reflects an understanding of and sensitivity to cultural difference.
— Women are clearly sign-posted to organisations which can offer support.
| Refuge's Response to "Safety and Justice" (September 2003)
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Education in schools
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| Much more serious attention should be given within our school (and further education) system to the problems of domestic conflict.
| Refuge endorsed this recommendation made by the Select Committee on Violence in Marriage in 1975
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| Fund training programmes on domestic violence and provide materials for teachers in training, schools and colleges.
| Refuge's Oral Evidence to the Home Affairs Select Committee on Domestic Violence (November 1992)
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Children of all ages should have access to school based domestic violence awareness and prevention programmes (for example, through PSHE, citizenship and circle time).
As a minimum, these should include:
— facts about domestic violence;
— a gendered understanding of the issue;
— empathy training;
— development of non-violent conflict resolution skills;
— a focus on identifying, expressing and managing feelings; and
— the development of effective coping strategies.
| Refuge Report on Psychological Services (2001)
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| Ensure that an ethos of non-violent conflict resolution, power/control and discrimination run through all school teaching and activity.
| Refuge Survey of Educational Personnel (2001)
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| 1 October 2007 | |
65
In Hammersmith and Fulham, the CSU and Standing Together monitor
the use of cautions by dip sampling them on a regular basis. Back
66
Wider than the Inter-Ministerial group on domestic violence-including
refuge providers and other agencies. Back
67
For example, a Family Justice Centre. Back
68
This is similar to the San Diego model of Family Justice Centres. Back
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