Tackling Domestic Abuse - Update on Improvement Activity, Partnership Strategy and Delivery Arrangements
North Lanarkshire Council · 22 November 2022
Back to Education, Children and Families Committee — 22 November 2022 and its agenda
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North Lanarkshire Council Report Does this report require to be approved? Yes No X Ref: AG Date 22/11/2022 From Alison Gordon, Head of Children, Families and Justice Services /Chief Social Work Officer E-mail gordonal@northlan.gov.uk Telephone 01698 332004/ 07939 284604 Executive Summary Further to previous reports to committee, most recently in February 2022, this report updates further on strategic planning and improvement activity targeted at addressing Domestic Abuse and the sustaining structural inequalities which remain a key challenge within North Lanarkshire with significant adverse impacts on the lives of women, girls and our wider communities. A key development is the production of the new Violence Against Women Strategy and Action Plan for 2022/25 which is presented at Appendix 1 of this report. This will provide a vehicle to further strengthen and ensure coherence in local improvement activity in this area and is built around a holistic approach in line with both the ambitions of Equally Safe and the Plan for North Lanarkshire. The strategy and the work to tackle domestic abuse outlined within this report is therefore focused not only on effective services for safety, support and recovery but prevention, early intervention and tertiary intervention as a critical step towards addressing the underpinning causes of domestic abuse. Specific detail is provided on the SACRO Aura service introduced following the award of the contract for specialist domestic abuse services effective from June 2021 however updates on a number of other key foundations of provision and practice development including with respect to MVP (Mentors in Violence Prevention), Safe and Together, UP2U, MARAC (Multi-Agency Risk Assessment Conferencing) and in housing support illustrate the importance of continued partnership between statutory agencies and a number of specialist providers including local Women’s Aid organisations. Recommendations It is recommended that Education Children & Families Committee: (1) Consider this report and endorse the Violence Against Women Strategy and Action Plan presented in Appendix 1 (2) Agree that a further update be provided in six months. Education Children & Families PO 45 Tackling Domestic Abuse – Update on Improvement Activity, Partnership Strategy and Delivery Arrangements
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The Plan for North Lanarkshire Priority Improve the health and wellbeing of our communities Ambition statement (14) Ensure the highest standards of public protection 1. Background 1.1 As reported previously national policy in this area continues to be driven through Equally Safe – Scotland’s strategy to eradicate violence against women and girls. This strategy recognises the deep routed structural gender inequalities which underpin domestic abuse and other forms of gender-based violence whilst also recognizing the wider harms created by domestic abuse in families and communities. Whilst it is recognized that anyone can be a victim of domestic abuse, women and girls are significantly disproportionately affected. 1.2 The Improvement Service and Communities Team within COSLA play a key role in supporting local Violence Against Women Partnerships and in the national improvement agenda and locally we have drawn on their expertise in supporting self -evaluation, and most recently, in facilitating workshops to inform our local strategy. 1.3 The response to domestic abuse in North Lanarkshire continues to be framed within a gendered based analysis as well as the recognition that, as reported in previous committee reports, the prevalence of domestic abuse in our area remains stubbornly high despite strong partnership working in this area over many years. Total referrals received by partner services (statutory and specialist services excluding Police Scotland) rose by 12% between 2019/20 and 2021/22 to 5339 with 91% of these referrals relating to women. 1.4 In addition to concerns with respect to the continuing high prevalence of domestic abuse in North Lanarkshire and the exacerbating impacts of the pandemic and the current cost of living crisis, victims have been significantly impacted locally and nationally by backlogs within the justice system arising from the pandemic. A number of measures are however in place to improve court processes including a summary case management pilot and enhanced complainer engagement. Whilst the timescale for cases to reach court remains a concern for many victims and partners, the latter initiative intended to provide greater confidence to complainers in domestic abuse cases has been generally welcomed as a positive development. 1.5 The previous report to committee provided an update on the realignment of grant funding nationally through the Delivering Equally Safe Fund. Two-year allocations from this fund are supporting our local partnership work to embed Safe and Together as outlined at 2.13 – 2.16 below and direct allocations from the DES fund also support the core operation of local Women’s Aid and Rape Crisis organisations as well as a small number of other specialist organisations such as ASSIST and Say Women who operate across a number of local authority areas including North Lanarkshire. An Independent Strategic Review of Funding and Commissioning of Violence Against Women and Girls Services has since been established by Scottish Government to develop a new funding model aimed at ensuring high quality, accessible specialist support to those who have experienced any form of violence against women and girls. The Review is led by Lesley Irving, Independent Chair, Former Head of the Scottish Government’s Equality Unit, who will report her overall findings and recommendations to the Scottish Government and to COSLA in March 2023. A range of engagement activity is planned in support of this review.
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2. Report Strategic Planning and Developments 2.1 The new North Lanarkshire Violence Against Women Strategy and Action Plan 2022-23 (Appendix 1) identifies key issues and themes surrounding violence against women in North Lanarkshire and outlines the actions we have collectively agreed to tackle these over the next three years. The strategy and supporting Action Plan have been approved by the Violence Against Women Strategic Group and final approval will be sought from North Lanarkshire’s Chief Officer Public Protection Group later this month. To ensure the wider ownership necessary to drive this work locally endorsement will also be sought from the North Lanarkshire Partnership’s Strategic Leadership Board, in addition to the endorsement requested from this committee. 2.2 Central to this strategy and action plan which were informed by broad engagement in stakeholder events, is the recognition that women’s inequality is the main cause of violence against women with the unprecedented events around the COVID-19 pandemic having brought into sharp focus the fragility of women’s equality. The strategy therefore aims to promote the safety and wellbeing of women and their equality aligning with the whole system approach to tackling domestic abuse. 2.3 Aligned with the wider Strategy and this Programme of Work, North Lanarkshire Housing Services have developed a new Housing Domestic Abuse Policy, Appendix 2, which was developed in conjunction with the Violence Against Women (VAW) Partnership, and shaped by women with lived experience of domestic abuse, putting victims and survivors at the heart of the service; Housing specific domestic abuse procedures, guidance and resources for staff support this along with implementation arrangements which ensure access and awareness of these resources is readily available. 2.4 The 16 Days of Action Against Violence Against Women is an annual international campaign which this year starts on 25 November 2022, the International Day for the Elimination of Violence against Women, and runs until 10 December 2022, Human Rights Day. 2.5 To mark 16 Days in North Lanarkshire this year a conference has been scheduled for Wednesday 30th November. The conference will look back to the Zero Tolerance campaign launch in 1992 and consider the change in law and policy position in relation to violence against women agenda over the last 30 years. The conference will also consider what work is still required to progress the violence against women agenda in North Lanarkshire. Improvement Activity Update 2.6 Multi Agency Risk Assessment Conferences (MARAC) supports the management of the highest risk cases of domestic abuse and is part of public protection arrangements in North and South Lanarkshire. In order to ensure that this critical area of activity continues to be delivered effectively an improvement plan has been established. As previously reported, this was informed by engagement with SafeLives, the organisation which oversees the effectiveness of MARAC across the UK. This has included increasing capacity through enhancement of the multi-agency resourcing of the MARAC process with both North and South Lanarkshire Councils and Health and Social Care Partnerships agreeing to additional funding for an initial
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12-month period. This has resulted in recruitment and selection of additional MARAC Co-ordinators along with an Administration Worker who are hosted by WASLER. All workers have now taken up post and, as well as supporting the running of operational MARAC meetings, the MARAC Co-ordinators are progressing with an evaluation of MARAC. SACRO’s Aura service, the three local Women’s Aid organisations, ASSIST and EVA (NHSL) continue to be core partners in this process in offering IDAA (Independent Domestic Abuse Advocacy) as part of MARAC support processes. 2.7 Justice Social Work Services continue to implement the UP2U Domestic Abuse Intervention Programme. This now offers a consistent intervention approach across children and families and justice services which strengthens North Lanarkshire’s response to behaviour change work with perpetrators of domestic abuse through both court mandated and non-mandated programmes. The training phase of the Family Practice Intervention Programme implementation is still ongoing and this autumn the operational phase will commence across the six locality children and families’ teams as well as intensive services. A champions model has been adopted with one champion in each area supporting the implementation as it progresses. 2.8 UP2U Creating Healthy Relationships, the version of UP2U delivered to court mandated individuals who subject to supervision as a result of domestic abuse offences. The programme is delivered by Justice social workers in a case management setting on a 1:1 or a 2:1 basis. We also have a centralised UP2U team who support locality teams with the delivery of the programme to high-risk individuals who are screened using our new UP2U screening panel process. The Spousal Assault Risk Assessment tool informs our assessment of individuals and helps to identify the appropriate treatment pathway and level of intensity that best aligns with treatment needs. For individuals this can be a relatively lengthy programme and therefore meaningful data on engagement, completion and impact will take some time to acquire and evaluate however early data should be a available in subsequent reports. 2.9 Justice support staff also provide a voluntary partner support service for any partner or ex-partner of the UP2U participant who may be at risk during the course of the intervention. Importantly the approach is compatible with Safe and Together which remains central to our work with families with children impacted by Domestic abuse as outlined below. 2.10 As reported previously to committee North Lanarkshire is one of a number of local authorities which has not previously received national support or funding for the Caledonian Programme, an alternative intervention programme which supports work with perpetrators of domestic abuse. The Scottish Government through the Programme for Government has however indicated an intention to roll the Caledonian Programme out across Scotland though as yet specific arrangements and funding allocations have not yet been put in place. Should this be implemented, further consideration will need to be given to how best to introduce this in a way which complements work taken forward in this area to date. 2.11 A further significant component of broadening our approach to tackling domestic abuse and part of our work around primary prevention remains the implementation of Mentors in Violence Prevention (MVP) across North Lanarkshire schools supported by a three-year development plan. MVP is a peer education programme which gives young people the opportunity to explore and challenge the attitudes, beliefs and cultural norms which underpin domestic abuse, bullying and other forms of violence and seeks
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to create a culture within which abuse and violence are unacceptable, through a bystander approach which challenges negative behaviours and supports victims. To date, every mainstream secondary school has at least one MVP trained member of staff with some schools now having 4 MVP trained staff. Work is ongoing to develop the MVP programme further aiming for at least 4 MVP trained staff in every mainstream secondary school. 2.12 To support this target, and as part of the plan to promote MVP, a member of staff from Education and Families has been working in conjunction with the Education Scotland Lead in MVP and have jointly organised a further training session which will take place in November 2022 to enhance capacity through a trainer for trainers approach. A range of capacity visits also recently took place in October 2022 the purpose of which was to engage with those staff already trained in MVP alongside the young mentors, to discuss the way forward with MVP in their schools. The outcome of these visits will inform the continued development of MVP not only within individual schools but across the authority. The MVP Steering Group continues to support also the Equally Safe in School programme and is evaluating materials which could be used to support the roll out of a programme suitable for primary schools. 2.13 In the summer of 2021, the council was successful in obtaining funding for 2 years from the Delivering Equally Safe (DES) Funding to support the roll out across partners of Safe and Together, a child centred, survivor strength-based model which supports intervention in families impacted by domestic abuse and which centres around partnering with the non-abusing parent and addressing patterns of perpetrator behaviour. 2.14 To date, across North Lanarkshire, 64 workers (Children, Families and Justice) have completed the core training, whilst across the partnership 325 have attended the overview course including 156 education staff along with others from housing, NHS, HSCP, Police Scotland, Women’s Aid, Aura and other specialist services. 2.15 Champions have been identified within each Children and Families Social Work Locality, within each Health Area Team and within Education. All Champions have now completed the 4-day Core training and these Champions will support all staff across the multi-agency workforce who work with children who are impacted by the behaviour of a parent who is perpetrating domestic abuse. This is a crucial role supporting the implementation of the Safe and Together model fully into practice across North Lanarkshire. 2.16 Safe and Together workshops will be held approximately every three weeks for Children and Families and Justice social work staff. The workshops are facilitated by the Safe and Together Co-ordinator and co-facilitated by Safe and Together Champions. In addition, Safe and Together consultations will be available to Social Work, Health and Education professionals. The consultations will allow for reflection on a particular case and the use of the Principles and Critical Components of the model, in relation to assessment, interviewing, safety planning and documentation. Ultimately the goal of consultations is to increase staff knowledge and promote their confidence in using Safe and Together, tools and resources to ensure that practice is in line with the principles of the approach and supportive of improved outcomes. 2.17 A further development during 2022 has been the establishment of a partnership between our housing service and Say Women with a focus on addressing the needs of young women impacted by homelessness who have been victims of sexual
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abuse/violence. The Say Women service is now well embedded in North Lanarkshire, providing tenancy sustainment services to young women via the Homes First Team (which provide flexible intensive support and settled accommodation for people experiencing homelessness with multiple and complex needs) and also throughout the Airdrie and Cumbernauld locality. It is planned to extend the service which is currently funded until the end of March 2023 for a further year, and to fund a fulltime post to enable widening out the service to other localities in North Lanarkshire, via Rapid Rehousing Transition Plan funding. Commissioned Services 2.18 Aura, run by SACRO, continues to provide a domestic abuse service across North Lanarkshire and in line with quality and assurance, regular performance monitoring is in place. 2.19 July to September 2021 New referrals 61 How many people in total are currently using the service? 72 October to December 2021 New referrals 68 How many people in total are currently using the service? 91 January to March 2022 New referrals 73 How many people in total are currently using the service? 107 April to June 2022 New referrals 84 How many people in total are currently using the service 180 July to September 2022 New referrals 86 How many people in total are currently using the service? 304 2.20 The above table shows the last full year of performance data for Aura. There has continued to be an increase in new referrals to the service. The number of people now using the services has significantly increased from 61 (July to September 2021), the services first full quarter of operation to 304 (July to September 2022). 2.21 Over the period July to September 2022, Aura have seen an increase in Health referrals due to health inputs with CMHT and Health Visiting teams. Aura have also reported an increase in duty calls to their service from people seeking advice.
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2.22 Aura continue to reach out to organisations and services working within North Lanarkshire as well as to communities and individuals raising awareness of the service and the support it provides. 2.23 Aura have two staff who are now trained in the Family Practice version of UP2U creating capacity for co-facilitation of interventions with children, family and justice social work staff Family Practice not only targets domestic abuse behaviours but can be used to address a wide variety of unhealthy behaviours such as parental neglect, physical chastisement, emotional abuse and anger management. 2.24 Aura service continues to build partnerships to support the wider needs of service users including a recent joint venture with Carbrain Community Hub to develop a women’s group. Aura has been offered a room to host the group and the community hub will offer some food as well as goods from the pantry. Aura also continues to participate in local DS DAS (Scotland’s Disclosure for Domestic Abuse meetings) to increase effective partnership working. 3. Measures of success 3.1 Increase in the numbers of domestic abuse survivors being supported. 3.2 Increase in the numbers of non-mandated perpetrators being worked with as part of an ongoing range of interventions. 3.3 Evidence of community benefits. 4. Supporting documentation 4.1 Appendix 1 - Violence Against Women strategy and action plan 4.2 Appendix 2 – Housing Domestic Abuse Policy Alison Gordon Head of Children, Families and Justice Services/ Chief Social Work Officer
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5. Impacts ( http://connect/report-template-guidance ) 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Violence Against Women Strategy and Action Plan and the approach to improvement activity with respect to domestic abuse is built on an gendered analysis and therefore supports the council in its equality duties. If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts have been discussed and agreed with Financial Solutions? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The work referenced within the report is funded from existing service budgets and in the case of Safe and Together through an allocation of funding for two years from Scottish Government. Enhanced funding for multi-agency MARAC arrangements agreed though the Chief Officers Public Protection Group involves a council contribution of an additional 27k for a 12 month period and continuation will be subject to review and available resources. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts have been discussed and agreed with People and Organisational Development? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts have been discussed and agreed with Legal and Democratic Solutions? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject?
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Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for technology, has an assessment been carried out (or scheduled) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? There is engagement with communication team on areas such as the annual 16 Days of Action. 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? A lack of an effective response to domestic abuse within our communities carries reputational risk, in some instances would involve a failure in statutory responsibilities and potentially contributes to harm to individuals and to the wellbeing of our communities. These risks are addressed within the wider Public Protection Risk which forms part of the corporate risk register.
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Appendix 1 North Lanarkshire Violence Against Women Strategy and Action Plan 2022-2025 1. Introduction North Lanarkshire has a long history of working to tackle violence against women with the first domestic abuse working group established in 1998. The partnership has broadened its scope over the years to include the full spectrum of violence against women in line with national developments and although there have been several successes there is still much work to be done. This strategy and action plan identifies key issues and themes surrounding violence against women in North Lanarkshire and outlines the actions we have collectively agreed to tackle them, over the next three years. Women’s inequality is the main cause of violence against women and promoting women’s equality is central to this strategy and action plan. Recent unprecedented events around the COVID-19 pandemic have brought into sharp focus the fragility of women’s equality. This strategy aims to promote the safety and wellbeing of women and their equality. 2. Background Violence Against Women (VAW) is recognised as both a cause and a consequence of gender inequality by the United Nations, World Health Organisation and Scottish Government. North Lanarkshire Violence Against Women Strategic Group adopt the Scottish Government definition: Gender based violence is a function of gender inequality, and an abuse of male power and privilege. It takes the form of actions that result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. It is men who predominantly or exclusively carry out such violence, and women who are predominantly the victims of such violence. By referring to violence as “gender-based”, this definition highlights the need to understand violence within the context of women’s and girl’s subordinate status
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in society. Such violence cannot be understood, therefore, in isolation from the norms and social structure and gender roles within the community, which greatly influence women’s vulnerability to violence.1 Accordingly, the spectrum of violence against women encompasses but is not limited to the following, physical, sexual and psychological violence occurring in the family, within the general community, or in institutions, including: • domestic abuse; • rape; • incest and child sexual abuse; • sexual harassment and intimidation at work and in the public sphere; • commercial sexual exploitation, including prostitution, pornography and trafficking; • dowry related violence; • female genital mutilation; • forced and child marriages; • “honour” crimes 3. COVID-19 and the impact on women The United Nations highlighted that violence against women and girls increased globally during the COVID-19 pandemic. Economic and social stresses and measures to restrict contact and movement along with limited access to services and reduced peer support impacted women. Before the pandemic, it was estimated that one in three women would experience violence during their lifetimes. During the pandemic many women found themselves trapped in their homes with their abusers. While it is too early for comprehensive data, the UN highlight there are already many deeply concerning reports of increased violence against women around the world, with surges being reported in many cases of upwards of 25% in countries where reporting systems are in place. In some countries reported cases have doubled. 1 Equally Safe: Scotland's strategy to eradicate violence against women - gov.scot (www.gov.scot)
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These numbers are likely to reflect only the worst cases. Without access to private spaces, many women struggled to make a call or to seek help online. Alongside the increase in numbers, violence against women took on new complexity including exposure to COVID- 19 being used as a threat, abusers exploited the inability of women to call for help or escape and keeping children beyond the conditions of any child contact arrangement. Women risked being thrown out on the street with nowhere to go and experienced intense exposure to trauma. At the same time, support services were struggling, judicial, police and health services were under considerable pressure, having shifted priorities.2 In Scotland and as highlighted by the UN, lockdowns have enabled an increase in violence against women. Evidence in Scotland suggests that the mental health impacts of the pandemic are worse for women than men. Women are more likely to be essential workers in the health, care, education and retail sectors – facing higher exposure to COVID-19, increased stress and difficulty reconciling work, family life and care responsibilities. Women have also taken on a disproportionate share of additional unpaid care and increased household duties during lockdowns in comparison to men. The adverse economic impacts of the pandemic interact with and exacerbate existing gender employment inequalities. Lone mothers, Black Asian and minority ethnic women and disabled women are experiencing some of the worst social, economic and clinical impacts of the pandemic. Women continue to be under-represented in pandemic task forces and decision-making bodies. Failure to incorporate a gendered perspective within pandemic recovery efforts will deepen existing gender inequalities and worsen outcomes for women.3 The activity detailed in this strategy and action plan aims to mitigate some of the impact of the COVID-19 pandemic on women. 4. Legislation There are a number of laws which contribute to preventing and tackling violence against women and girls. These include (but are not limited to): 2 policy_brief_on_covid_impact_on_women_9_april_2020.pdf (un.org) 3COVID-19 micro briefing 2: Consequences of the COVID-19 pandemic - exploring the unequal social and economic burden on women - Policy Scotland (gla.ac.uk)
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4.1 Equality Act 2010 The Equality Act 2010 provides a legal framework to protect the rights of individuals. It prohibits discrimination (whether direct or indirect) against people who possess one of the protected characteristics of the Act, including sex. It also prohibits the harassment and victimisation of such people and therefore offers protection to women. Also stemming from the Act is the Public Sector Equality Duty that requires listed bodies, when carrying out their functions, to pay due regard to the need to: • Eliminate unlawful discrimination, harassment and victimisation and any other prohibited conduct. • Advance equality of opportunity between people who share protected characteristics and those who do not; and • Foster good relations between people who share protected characteristics and those who do not. 4.2 Human Rights Act 1998 Human rights are the basic rights and freedoms that belong to every person in the world, from birth until death. They apply regardless of where you are from, what you believe or how you choose to live your life. They can never be taken away, although they can sometimes be restricted – for example if a person breaks the law, or in the interests of national security. These basic rights are based on shared values like dignity, fairness, equality, respect and independence. These values are defined and protected by law in the Human Rights Act 1998. Every year across the UK at least three million women experience violence and many more are living with the legacies of past abuse.4 The Human Rights Act is a critical tool in upholding women’s rights and challenging failures by the State in how it responds to and prevents violence against women. There are two main articles in the Human Rights Act which support work to tackle violence against women. These are: 4 The proposed violence against women, domestic abuse and sexual violence duty - Guidance for developing an effective workplace policy | Equality and Human Rights Commission (equalityhumanrights.com)
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Article 2 Right to Life The Right to Life imposes three types of obligations on the State: 1. A duty not to take away anyone’s life (apart from in certain limited circumstances). 2. A positive duty to take reasonable steps to protect life. 3. A procedural duty to investigate deaths where the State may be implicated/involved The positive duty to protect life means that the State should intervene when someone’s life is at risk from another person (and where the authorities know, or should know, about this risk. For example, in the case Opuz v Turkey the European Court of Human Rights (ECtHR) found that Turkey had violated Article 2 as authorities had remained passive, despite persistent information that should have compelled them to act against a man who had been violent towards his wife and her mother. After numerous instances of violence and making death threats towards the woman and her mother, the man killed his wife’s mother. In the case the Court also found that there was a violation of the right not to be tortured or treated in an inhuman and degrading way (Article 3) and the right not to be discriminated against (Article 14). Article 3 The Right Not to be Tortured or Treated in an Inhuman or Degrading Way States have the following duties under Article 3: 1. A duty not to torture or treat someone in an inhuman and degrading way. 2. A positive duty to take reasonable steps to protect people known to be at risk of such treatment. 3. A procedural duty to investigate where torture, inhuman or degrading treatment has occurred. Again, the positive duty included in this right means that public bodies, such as the police, have an obligation to protect at-risk individuals from Article 3 violations by private citizens. In the Opuz case the ECtHR also found that by failing to protect the woman there had been a violation of this right. The Court decided that the man’s history of abuse and threats, when taking into account the specifically vulnerable situation of women in Southeast Turkey (various Turkish NGO gave evidence on this point) amounted to inhuman and degrading treatment.
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4.3 Istanbul Convention The Council of Europe Convention on preventing and combating violence against women and domestic violence is based on the understanding that violence against women is a form of gender-based violence that is committed against women because they are women. The Convention is notable both for its encapsulation of best practices in combating violence against women and for its confirmation that all forms of violence against women, including domestic violence, are human rights violations for which states are responsible. It is the obligation of the state to fully address violence against women in all its forms and to take measures to prevent violence against women, protect its victims and prosecute the perpetrators. Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017 came into force in the UK on 27th April 2017. 4.4 Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 Female Genital Mutilation has been illegal in Scotland since 1985. The Female Genital Mutilation (Protection and Guidance) (Scotland) Act 2020 aims to strengthen the existing legislative framework against FGM to offer extra protection to women and girls at risk of FGM. This Act will create provisions to introduce statutory guidance for professionals, and to create FGM Protection Orders. 4.5 Domestic Abuse (Protection) (Scotland) Act 2021 The Domestic Abuse (Protection) (Scotland) Act 2021 will enable police and courts to ban suspected abusers from re-entering the home and from approaching or contacting the person at risk for a period of time to enable them to consider their longer-term options around safety and housing. The Act will also allow social landlords to end or transfer the tenancy of a perpetrator of domestic abuse to the victim. Together, these measures should reduce the risk that victims of domestic abuse end up having to become homeless to escape the abuser. 4.6 Domestic Abuse (Scotland) Act 2018 The Act creates an offence with respect to the engaging by a person in a course of behaviour which is abusive towards that person’s partner or ex-partner. The Act covers not only spouses, civil partners and cohabitants but also people in intimate personal relationships who do not live together. As well as physical abuse, it covers other forms of psychological abuse and coercive and controlling behaviour that cannot be easily prosecuted under pre-existing legislation.
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5. National Policy Position 5.1 Equally Safe Scotland’s strategy for preventing and eradicating violence against women and girls Equally Safe is a joint Scottish Government and COSLA strategy. It aims to eradicate violence against women and girls and make Scotland a place where all individuals are equally safe, respected, and where women and girls live free from all forms of violence and abuse – and the attitudes that help perpetuate it. Equally Safe sets out a shared understanding of the causes, risk factors and scale of violence against women in Scotland and highlights the need to prioritise prevention. The four key Priorities of Equally Safe are: • Scottish society embraces equality and mutual respect, and rejects all forms of violence against women and girls • Women and girls thrive as equal citizens – socially, culturally, economically and politically • Interventions are early and effective, preventing violence and maximising the safety and wellbeing of women, children and young people • Men desist from all forms of violence against women and girls, and perpetrators of such violence receive a robust and effective response The activities detailed in this North Lanarkshire Violence Against Women Strategy and Action Plan aims to achieve these priorities. 5.2 National Guidance for Child Protection in Scotland The National Guidance for Child Protection in Scotland describes responsibilities and expectations for all involved in protecting children in Scotland. The Guidance outlines how statutory and non-government agencies should work together with parents, families, and communities to prevent harm and to protect children from abuse and neglect. Part 4 of the guidance covers specific support needs and concerns. This includes Domestic Abuse, Child Sexual Abuse Female Genital Mutilation, “Honour” Based Abuse and Forced Marriage all of which are included in the Scottish Government’s definition of violence against women. Demonstrating the linkages between the abuse of women and the abuse of children.
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In North Lanarkshire the linkages between domestic abuse and the harm to children has been clearly identified. To reduce the risk to children by parents who perpetrated domestic abuse the VAWSG will drive the continued implementation of the Safe and Together model (a model specifically designed for use in domestic abuse cases where there are children) across North Lanarkshire. 5.3 Fairer Scotland Duty The Fairer Scotland Duty came into force on 1st April 2018. It requires listed public bodies to actively consider what more they can do to reduce the inequalities of outcome, caused by socio-economic disadvantage, in any strategic decision-making or policy development context, and publish a written assessment, showing how it has done this. From a Fairer Scotland Duty perspective, intersected with sex and gender norms and expectations, organisations need to think about differential impacts on women and men. When considering any strategic decisions, organisations should look for evidence of whether the decision will have a particular impact on gender especially women living in socio-economic disadvantage, for example, female lone parents, who are more likely to be living in poverty and more likely to be impacted upon by reductions in services and support. 5.4 Drugs and Alcohol Use: Whilst men still account for the majority of drug deaths in Scotland, over the past ten years there has been a disproportionate rise in drug-related deaths among women. This trend is observed in North Lanarkshire where a third of all drug related deaths recorded in 2020 were women. Drug and alcohol services - improving holistic family support (2021) acknowledges women may have specific needs relating to alcohol and drug use and can face multiple barriers in entering treatment or recovery programmes. These may include lack of childcare, fear of stigma, lack of family or financial support, living in abusive, exploitative relationships and experience of multiple and complex needs. These barriers can intersect in complex ways. Women entering substance use treatment and recovery can often have survived child sexual abuse or other forms of gender based violence such as domestic abuse, sexual harassment and exploitation. Abusive partners may also seek to influence or obstruct treatment efforts. Inclusive trauma-informed services which have a focus on family, support with childcare, relationships and practical supports may help to remove barriers and support sustainable recovery. There is a need for Violence Against Women Partnerships and Alcohol and Drug Partnership agendas to be promoted and prioritised to develop person-centred responses (rather than service-centred responses) that have focus on promoting wellbeing and recovery.
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6. What we aim to achieve Gender inequality is a root cause of violence against women and girls and despite the many advances being made there remain persistent inequalities between men and women. This strategy and action plan aim to further reduce the inequalities between men and women by tackling violence against women and girls in North Lanarkshire. By doing so we will deliver on key national outcomes detailed below and local outcomes set out in The Plan for North Lanarkshire. 6.1 National Outcomes The North Lanarkshire violence against women strategy will function to deliver on the national outcomes set out by the Scottish Government. Through the work outlined in this strategy and action plan we will help North Lanarkshire achieve the following national outcomes: Outcome 6 - We live longer healthier lives Outcome 7 - We have tackled the significant inequalities in Scottish society Outcome 8 - We have improved the life chances for children, young people and families at risk Outcome 9 - We live our lives safe from crime disorder and danger Outcome 11 - We will have strong, resilient and supportive communities where people take responsibility for their own actions and how they affect others. 6.2 The Plan for North Lanarkshire The Plan for North Lanarkshire sets the direction for the council and partner agencies. Its purpose is to communicate the shared priorities and provide a focus for activities and resources. The Plan for North Lanarkshire is a high-level strategic document that outlines a long-term vision for North Lanarkshire - a vision where North Lanarkshire is the place to Live, Learn, Work, Invest, and Visit.
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The North Lanarkshire Violence Against Women Strategy and Action Plan will support The Plan for North Lanarkshire in its ambitions to: • Improve the health and wellbeing of our communities • Support all children and young people to realise their full potential 7. Governance and reporting structures In North Lanarkshire Violence Against Women is considered part of the public protection agenda. Reporting mechanisms are directly to the North Lanarkshire Chief Officers Group Public Protection, which in turn reports to North Lanarkshire Partnership, the strategic driver for community planning.
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8. North Lanarkshire Violence Against Women Strategic Group Action Plan 2022-2025 1. Scottish society embraces equality and mutual respect, and rejects all forms of violence against women and girls Activity Actions Lead Time Evidence 1.1 Raise awareness and understanding of violence against women. • Survey to gauge the publics current level of understanding of VAW or particular topic. • Responsive campaigns developed. • Run focus group post campaign to measure impact of campaign. Service Co- ordinator/ NLC Communications 2023 Campaign developed. Findings analysed. 1.2 Refresh the North • Carry out individual interviews with each VAWSG partner agency to identify violence against women data captured within agencies. • Carry out individual interviews with each VAWSG partner to reconsider the purpose of the performance framework • Explore if intersectional data can be collected. • Performance framework finalised and implemented. Business Strategy 2023 VAW Performance Framework Lanarkshire violence against Team NLC. Developed. women performance framework. All partner agencies completing fully. Analyses of data to inform future planning.
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2. Women and girls thrive as equal citizens – socially, culturally, economically and politically Activity Actions Lead Time Evidence 2.1 Support partner agencies regarding Equally Safe at Work. • VAWSG supports North Lanarkshire Council to work towards achieving silver award. • Cascade learning from Equally Safe at Work to partner agencies. Equally Safe at Work Planning Group 2025 Silver award achieved. • Explore NHS Lanarkshire engagement in Equally Safe at Work NHSL GBV Services 2025 NHS Lanarkshire planning group established. • Explore third sector engagement in Equally Safe at Work Service Co- ordinator/ VANL 2025 Third sector planning group established 2.2 Support North Lanarkshire Council to take forward Action on Gender Equality Project with the Scottish Women’s Budget Group (SWBG) • Provide VAW representation on Gender Budgeting working group. • Update VAWSG on progress. Gender Budgeting pilot working group. 2025 Training delivered to 75% of elected members. Heads of Service attend 2 half day training sessions. Focus group discussions have taken place. Budget decisions are seen through a gendered lens thus advancing gender equality in North Lanarkshire. 2.3 Identify and implement prevention activity in relation to violence against women. • Implement North Lanarkshire Mentors in Violence Prevention Delivery Plan (2021-2024) Education 2024 MVP implemented in all secondary schools.
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• VAWSG assist LRCC with the implementation of Equally Safe at School in 8 secondary schools in North Lanarkshire. Education/ LRCC 2025 Equally Safe in School implemented in 8 secondary schools. • Provide gender based violence expert guidance to Educational Psychology to develop a Violence Against Women prevention programme for primary schools in North Lanarkshire. Education Psychology 2024 Programme developed. Programme tested in Wishaw cluster. • Review prevention materials for use in early years establishments. • Make recommendations on packs to be used. Education 2023 Prevention packs introduced to 10 early years establishments.
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2.4 Identify and implement ways to support women who have no recourse to public funds. • Identify barriers for women with no recourse to public funds to access services. • Identify what financial support is defined as a “public funds”. • Produce partnership guidance for local agencies supporting women with no recourse to public funds. • Ensure women with no recourse to public funds have access to specialist advocacy. • Explore mitigating actions in relation to the Nationality and Borders Bill North Lanarkshire C Housing and Social Work 2023 Guidance produced. IDAA feedback on improvements. 3. Interventions are early and effective, preventing violence and maximising the safety and wellbeing of women, children and young people Activity Actions Lead Time Evidence 3.1 Improve trauma informed practice across partnership agencies in relation to Violence Against Women. • Promote the opportunities provided by the Equality Act 2010 to provide single sex spaces. • Support services to understand the Equality Act 2010 and how this supports the rights of women. • Support agencies to understand the spectrum of Violence Against Women. Service Co- ordinator/ GBV Services/ NLC Equalities Lead 2023 Case audit to identify if there has been a trauma informed support provided to women.
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• Support services to develop work towards having single sex spaces across North Lanarkshire. • Maintain single sex spaces where they already exist. • Explore how Alcohol and Drug treatment services and supports meet the needs of women who experience Gender Based Violence including Residential Rehab provision • Consider how best to capture prevalence of Gender Based Violence for women engaging with Alcohol & Drug services as part of our treatment and care pathways Alcohol and Drug Partnership 3.2 Review and develop practice links between Violence Against Women and Adult Protection • Support the Adult Protection Committee in developing practice in early identification of violence against women. • Support the APC in developing practice in risk assessment and management of violence against women cases that may meet the threshold for Adult Protection. Lead AP/ Service Co- ordinator 2022 Inclusion of Violence Against Women in Adult Support and Protection procedures. Inclusion of Violence Against Women in Adult Support and Protection training.
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• Work to identify the linkages between MARAC and Adult Protection processes. • Use learning from SCR to increase knowledge across Violence Against Women and Adult Protection practitioners. 3.3 Support the endeavours of partner agencies to implement the Bairns’ Hoose model. • VAWSG ensures representation on Bairns’ Hoose implementation group to ensure inclusion of Violence Against Women within this child centred trauma informed development. All VAWSG Partners 2025 Number of child interviews undertaken. Number of child interviews carried out in a child friendly trauma informed setting. 3.4 Develop and roll out quality assurance processes for North Lanarkshire MARAC to ensure the effectiveness of the process. • Measure against the quality assurance processes of other MARACs across Scotland. • Quality assurance process developed and implemented. • Update MARAC Operating Protocol to include quality assurance. • Fully utilise the functionality of the Oasis database by initiating use by Police Scotland. • Monitor and respond to national move to statutory MARAC Steering Group 2023 Audit undertaken and audit findings reported. Protocol updated. Oasis database fully functional. Evidence of engagement with national process.
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footing within the lifetime of this action plan. 3.5 Explore the possibility of establishing quality assurance processes for domestic abuse, rape and sexual assault and stalking. • Gather information on quality assurance processes and audit tools used for violence against women across Scotland. • Develop audit tools for domestic abuse, rape and sexual assault and stalking cases. All VAWSG partner agencies 2025 Domestic abuse, rape and sexual assault and stalking case file audits carried out. 3.6 Build the capacity and capability of the North Lanarkshire workforce to ensure the effective management of Violence Against Women cases. • Implement the North Lanarkshire Violence Against Women Practice Development Plan. All VAWSG partner agencies 2025 Practice development plan complete. • Deliver the Safe and Together training programme. All VAWSG partner agencies 2024 Safe and Together training programme completed • Provide training to Housing workers to improve the understanding of the link between child sexual abuse and homelessness and how to support disclosure of child sexual abuse. NLC Housing 2022 Housing training complete and evaluated
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• Further develop pathways to specialist services. All VAWSG partner agencies 2024 Increase in referrals to specialist services • Introduce Say Women Pilot Project to support young women who are survivors of sexual abuse and who are at risk of homelessness Housing Services/ Rapid Rehousing Team 2022 Analysis of referrals and outcomes for young women (aged 16-25) supported by the project • Alcohol and Drug Partnership – Training needs analysis to understand and support workforce development needs and strengthen practice for Drug &Alcohol and VAW responses. • Ensure routine enquiry is widely embedded across drug & alcohol services. North Lanarkshire Alcohol and Drug Partnership 2023 Training needs analysis complete. Audit carried out to ensure routine enquiry is embedded across drug and alcohol services. 3.7 Continue the implementation of the Safe and Together model across North Lanarkshire to improve outcomes for children experiencing domestic abuse. • Continue to develop key workers as certified trainers • Carry out baseline self- evaluation • Deliver the Safe and Together training programme. • Support workers to take learning into practice by facilitating Safe and Together workshops across localities Senior Officer Safe and Together 2024 Baseline evaluation complete and findings reported. Evaluation of training delivered. Number of staff attending training. Reduction of 1% in the number of children on the Child Protection Register where domestic abuse is identified as a concern.
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• Carry out case file audit to identify if Safe and Together tools are being used • Engage with Improvement Service to evaluate Safe and Together nationally • Extend the knowledge and practice of Safe and Together model into Alcohol and Drug Partnership commissioned services and treatment • Alcohol and Drug Partnership rapid review of services will take account of services that meet the needs of women experiencing Gender Based Violence and using substances. North Lanarkshire Alcohol and Drug Partnership 2022 Review of services complete 3.8 Gather information on women’s lived experience of gender based violence and services to guide future developments • Work with SafeLives, Improvement Service, Resilience Learning Partnership on Authentic Voice Project. • Implement toolkit developed by the Authentic Voice Project in North Lanarkshire. • Explore the possibility of establishing an Authentic ASSIST, North Lanarkshire Women’s Aid, Monklands Women’s Aid, Motherwell and District Women’s Aid, Aura, Lanarkshire Rape Crisis 2023 Lived experience reported. Lived experience informs future developments.
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Voice panel made up of local women. Centre, GBV Services NHSL. 3.9 Improve responses to the support needs of women involved in Commercial Sexual Exploitation (CSE) • Work with local sexual health, violence against women services and addiction services to scope out needs, current practice and services in relation to CSE. • Deliver an awareness raising and capacity building programme with key staff across partner agencies. • Develop and share good practice standards for services. • Develop pathways to support services. • Scope out potential for CSE worker being based in GBV Service NHSL linking to sexual health team. GBV Services NHSL 2024 Awareness raising and capacity building programme delivered. Practice standards developed. Pathways to support services developed. 3.10 Review and improve responses to support for women with complex needs: • trauma • substance misuse • mental health issues • Explore the development of a multi-disciplinary model to meet the needs of women with complex needs, including addiction services, mental health, housing, financial inclusion and employability. GBV Services NHSL 2025 Multi-disciplinary model developed.
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• Multiple-complex needs are explored and better support across both partnerships for women who use substances. Alcohol and Drug Partnership Treatment, Care and Recovery sub- group /VAW partnership 2023 3.11 Prepare for the introduction of domestic homicide reviews. Police Scotland 2025 Local procedures developed. 4. Men desist from all forms of violence against women and girls, and perpetrators of such violence receive a robust and effective response Activity Actions Lead Time Evidence 4.1 Develop campaign to challenge the attitudes that underpin violence against women. • Work with Police Scotland to identify how #that guy was developed. • Gather learning from Police Scotland #that guy campaign. • Campaign developed to build on learning from #that guy campaign. Police Scotland 2022 Campaign run through festive period 2022. Survey public/ staff to ask if they saw the campaign and if they thought it was impactful. 4.2 Assess and improve interventions to engage with, challenge and support change in the behaviour of perpetrators of violence against women. Deliver Up2U programme. NLC Justice Services On-going Number of people completing the programme. Reduction in offending behaviour. Courts imposing conduct requirements for Up2U.
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Deliver non-court mandated domestic abuse interventions through the introduction of Up2U Family Practice North Lanarkshire Council Children and Families Social Work 2023 Phase one training completed by March 2022. Procedure for referral pathway and SWIS recording established. Number of Children and Families Social Workers using Up2U Family Practice. Deliver Moving Forward Making Changes (MFMC) programme. North Lanarkshire Council Justice Services On-going Programme delivered. Outcomes measured. 4.3 Introduce Domestic Abuse Case Managers Pack to work with men involved in domestic abuse offending who do not have enough time on their sentence to complete the Up2U programme. • Implement Domestic Abuse – Case Managers Pack • Measure use of Domestic Abuse Case Managers Pack. • Measure impact of Domestic Abuse Case Managers Pack. North Lanarkshire Council Justice Services 2022 Case file audit to measure use of pack. Feedback from service users regarding Domestic Abuse Case Managers Pack. 4.4 Multi-agency Tasking and Co-ordination (MATAC) groups identify high risk domestic abuse perpetrators and hold them to account and reduce the risk they pose. Regular MATAC meetings are held with partner services, linking with: • DSDAS (disclosure scheme domestic abuse Scotland) • MARAC Police Scotland/ ASSIST
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4.5 Explore the effectiveness of domestic abuse perpetrator programmes on domestic abuse sexual offending. • Create early identification of appropriate programme for domestic abuse sexual offending, MFMC or Up2U. • Procedure for court report writers to be developed. • Justice programme service will undertake training on sexual harm and sexual violence to intimate partners. Justice Services 2022 Improve sentencing outcomes in relation to domestic abuse sexual offending. Most appropriate intervention being identified. • Training materials developed to better understand the links between sexual abuse and domestic abuse. NHSL GBV Services Training pack developed. Training delivered.
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HOUSING DOMESTIC ABUSE POLICY Appendix 2
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Document Control Title Housing Domestic Abuse Policy Owner Housing Solutions Contact kellymarg@northlan.gov.uk Governance Group Violence Against Women Partnership Author Business Development and Support Contact kellymarg@northlan.gov.uk Document approvals Number Governance Group Date approval granted Date approval to be requested (If document still draft) Version 1 Housing Committee 31/08/22 Consultation Record (for most recent update) Status of document consulted upon Consultation carried out on the draft policy to inform the final policy development Stakeholders consulted / date April 2022 – August 2022 Number Originator Date Review Commenced Revision description / record of change Improve the health and wellbeing of our communities: • Ensure the highest standards of public protection Revision History Strategic Alignment August 2023 Next review date Review date
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Housing Domestic Abuse Policy Contents 1. Introduction ............................................................................... 04 2. Definition of Domestic Abuse .......................................... 05 3. Aims and Objectives .................................................................. 06 4. Outcomes ................................................................................. 07 5. Policy Scope ............................................................................. 08 6. National Context ........................................................................ 09 7. Local Context ............................................................................ 10 8. Equalities, Human Rights and Impact .......................................... 11 9. Policy Statement ....................................................................... 12
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Housing Domestic Abuse Policy 1. Introduction This policy has been developed in partnership with North Lanarkshire’s Violence Against Women Strategic Group and Operational Group. It has also been informed by recommendations set out in the Change, Justice and Fairness research (2015)1 and the priorities set out in Equally Safe: Scotland’s Strategy for Preventing and Eradicating Violence Against Women and Girls (2018)2. It is aligned with Scotland’s public health priorities3 and takes cognisance of the six priorities and the links to violence against women, drawing on the recommendations set out. It is also closely aligned to North Lanarkshire’s Local Housing Strategy (2021- 2026) and to the Rapid Rehousing Transition Plan, which sets out the council’s and wider partners’ approach to effectively address homelessness. The intention of this policy is to provide a clear overarching policy framework which sets out North Lanarkshire Council’s Housing Service’s response to preventing and eradicating domestic abuse. It should be read in conjunction with the Domestic Abuse Procedures for Housing. 1 Change, Justice, Fairness (2015) Scottish Women’s Aid and Fife Domestic and Sexual Abuse Partnership 2 Equally Safe: Scotland’s strategy to eradicate violence against women, Scottish Government, April 2018 3 Scotland’s Public Health Priorities and Violence Against Women and Girls, Public Health Scotland, March 2022 4
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Housing Domestic Abuse Policy 2. Definition of Domestic Abuse North Lanarkshire Council understands domestic abuse must be considered with a gendered lens. This policy is based on the Scottish Government’s definition of domestic abuse as a form of Gender- Based Violence (GBV). This abuse is perpetrated against women and girls because they are female. GBV includes actions that: ‘…result in physical, sexual and psychological harm or suffering to women and children, or affront to their human dignity, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. It is men who predominantly carry out such violence, and women who are predominantly the victims of such violence4’ The nationally agreed definition of domestic abuse is: ‘Domestic abuse (as Gender-Based abuse), can be perpetrated by partners or ex-partners and can include physical abuse (assault and physical attack involving a range of behaviour), sexual abuse (acts which degrade and humiliate women and are perpetrated against their will, including rape) and mental and emotional abuse (such as threats, verbal abuse, racial abuse, withholding money and other types of controlling behaviour such as isolation from family or friends)5’ For the purposes of this policy, it is assumed that the domestic abuse is being perpetrated by a partner or ex-partner (intimate partner). However, in Black and Minority Ethnic communities, wider family members may become involved in the abuse. 4 Equally Safe: Scotland’s strategy to eradicate violence against women, Scottish Government, April 2018 5 Equally Safe: Scotland’s strategy to eradicate violence against women, Scottish Government, April 2018
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Housing Domestic Abuse Policy 3. Aims and Objectives The main aim of this policy is to ensure a proactive housing response to prevent and eradicate all forms of domestic abuse. Our objectives are to: • Work collaboratively with women and children with lived experience of domestic abuse to ensure their voices are heard and shape our housing policies and services • Work collaboratively with key partners and wider stakeholders to identify ways in which we can take earlier, effective intervention and improve our responses and service offering to tackling domestic abuse • Develop an improved understanding of domestic abuse amongst housing staff to ensure effective, high quality housing support, advice and information • Provide a policy framework which sets out clear messaging promoting equality and respect, and rejects all forms of domestic abuse • Support wellbeing amongst our housing workforce to ensure a supportive and trauma responsive environment to effectively address domestic abuse across all sectors of society • Provide an effective and trauma informed service to women and children who have experienced/are experiencing domestic abuse • To prevent and reduce adverse childhood experiences and provide safe and nurturing accommodation and support that can help children and families thrive • To work with our Register Social Landlord partners and the wider housing sector to share learning and promote best practice in relation to domestic abuse • Challenge gendered stereotypes across all aspects of our service delivery
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Housing Domestic Abuse Policy 4. Outcomes In achieving our objectives and overarching aim the following outcomes are intended: • Domestic abuse is prevented but where it does occur a coordinated, effective response is provided which enables women to access to a range of appropriate housing options, advice, information and support • Inequalities are reduced and opportunities are created which promote improved life chances for women, children, young people, families at risk, and other vulnerable people/groups of people affected by domestic abuse • Our communities, workplaces and wider society embrace equality and mutual respect and reject all forms of domestic abuse 7
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Housing Domestic Abuse Policy 5. Policy Scope This policy sets out North Lanarkshire Council’s Housing Service’s approach to providing a co- ordinated response to the accommodation and support needs of women and children experiencing domestic abuse. We recognise the violent and abusive behaviour predominantly carried out by men directed at women and girls is because of their sex and that this behaviour stems from systemic, deep-rooted women’s inequality. This includes domestic abuse, rape, sexual assault, commercial sexual exploitation (like prostitution), female genital mutilation, forced marriage and ‘honour based’ violence, where people who are abused and victimised for bringing shame or scrutiny upon their family. This can take many forms, from verbal abuse and coercive control to extreme acts such as kidnapping or murder. We also recognise that domestic abuse can also affect men, transgender and gender non-binary people and as such this policy can be applied to meet individual need.
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Housing Domestic Abuse Policy 6. National Context Incidents of violence and abuse against women often go unreported, which means the scale of domestic abuse is often underestimated. The impact of the Covid-19 pandemic has also created additional complexities for women experiencing domestic abuse, illustrating that it remains a serious and significant issue in Scotland. Equally Safe: Scotland's Strategy to eradicate violence against women, makes it unequivocally clear that violence against women and girls, in any form, has no place in the Scottish Government’s vision for a safe, strong, successful Scotland. The Scottish Government, COSLA and key partners recognise that violence against women damages health and wellbeing, limits freedom and potential and is a violation of the most fundamental human rights. The strategy sets out a vision for: ‘A strong and flourishing Scotland where all individuals are equally safe and respected, and where women and girls live free from all forms of violence and abuse - and the attitudes that help perpetuate it.6’ The main aim of the strategy is to work collaboratively with key partners across sectors to prevent and eradicate all forms of violence against women and girls. The strategy is reinforced by the Equally Safe Delivery Plan7 to ensure ambitions are rooted in practical delivery. It sets out the following key priorities: • Achieving greater gender equality • Intervening early and effectively to prevent violence and maximising the safety and wellbeing of women, children and young people • Tackling perpetrators This policy and complimentary operational procedures are aligned with the Equally Safe vision, aims and priorities and also make a key contribution to national outcomes, including, but not limited to: • We live our lives free from crime, disorder and danger • We have tackled the significant inequalities in Scottish society • We have strong resilient and supportive communities where people take responsibility for their own actions and how they affect others • Our children have the best start in life and are ready to succeed • We have improved the life chances for young people and families at risk The Change, Justice, Fairness Report8, which provides important insights into the experiences of women with experience of domestic and sexual abuse who have been faced with the risk of homelessness as a result, has also informed this policy. This report highlights several recommendations relevant for wider housing services both in terms of strategic and operational delivery of services aimed at preventing homelessness for women and children, experiencing domestic or sexual abuse at the earliest opportunity. 6 Equally Safe: Scotland’s strategy to eradicate violence against women, Scottish Government, April 2018 7 Equally Safe: Delivery Plan, Scottish Government, November 2017 8 Change, Justice, Fairness (2015) Scottish Women’s Aid and Fife Domestic and Sexual Abuse Partnership
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Housing Domestic Abuse Policy 7. Local Context The Housing Service is a key partner on both the Violence Against Women (VAW) Strategy Group and the Violence Against Women (VAW) Operational Group alongside representatives from a range of other council and statutory services, third and independent sector organisations, which provide support, information, advice and accommodation for women at risk of or experiencing domestic abuse. The partnership response to domestic abuse in North Lanarkshire is framed within the context of that set out in the national Equally Safe Strategy in the recognition of the deep-rooted structural gender inequalities which underpin domestic abuse and other forms of Gender-Based violence, whilst also recognising the wider harms created by domestic abuse in families and communities and that whilst anyone can be a victim of domestic abuse, women and girls are disproportionately more affected. Although positive and significant progress has been made in the prevention and reduction of domestic abuse across a range of areas, addressing these structural inequalities alongside a high prevalence of domestic abuse in North Lanarkshire, despite the strong partnership working, remains a key challenge. The council recognises the key role that Housing Services and the wider housing sector play and has publicly demonstrated its commitment to taking action to tackle domestic abuse through signing the ‘Make a Stand’ pledge. The partnership is committed to delivering a broad spectrum of improvement activity set out in the Violence Against Women Action Plan and to working with a range of partners and services to deliver a whole system approach to safeguard and support those experiencing or at risk of domestic abuse, as well as providing a focus on prevention and tertiary prevention to support longer-term change. This includes delivery of programmes such as the Mentors in Violence Prevention programme (MVP) which helps young people challenge the attitudes, beliefs and cultural norms that underpin Gender-Based violence and the UP2U domestic abuse behaviour change programme which is designed to help perpetrators/offenders make positive changes to their behaviour and their relationships. In addition to the strategic and operational VAW groups, housing plays a key role in the public protection agenda, with participation in Multi Agency Risk Assessment Conferences (MARAC), the process of managing the highest risk cases of domestic abuse and Multi-Agency Tasking and Coordination (MATAC), the process of identifying and tackling serial perpetrators of domestic abuse. 10
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Housing Domestic Abuse Policy 8. Equalities, Human Rights and Impact We apply a human rights approach to domestic abuse within Housing Services. We recognise that domestic abuse violates human rights because it denies women their rights, which includes, the right not to be treated in an inhuman and degrading way; the right to respect for private and family life and the right to life. We listen to the experiences of victims and will protect women and children’s right to a home life, including the peaceful and safe occupation of their home. The Equality Act 2010 places statutory duties on the council to ensure its functions and related services offer fair access and inclusion through the: • Elimination of unlawful discrimination, harassment or victimisation; • Advancement of equality of opportunity between people who share a protected characteristic and those who do not; • Fostering of good relations between people who share a protected characteristic and those who do not. An Equalities Impact Assessment (EqIA) has been carried out whilst this policy was being developed to identify any potential adverse impacts on people with/or groups who share a protected characteristic and any opportunities in which to strengthen and promote equalities. This assessment included an assessment of the Fairer Scotland Duty and Human Rights. Two further impact assessments have been carried out for this policy given the scope and impact of this policy on women, children and health. This included a Children’s Rights and Wellbeing Impact Assessment (CRWIA) and a Health Impact Assessment (HIA). A summary of the EqIA can be found on the council’s website and the full impact assessments are all available on request. 11
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Housing Domestic Abuse Policy 9. Policy Statement 9.1 Our Approach Housing Services are at the forefront of delivering services to women and children affected by domestic abuse. Housing Services offer a confidential, sensitive and priority service to anyone experiencing domestic abuse and who may be seeking temporary accommodation or re-housing, support, advice or information. This includes sustaining current accommodation, where possible and where this is the preference, preventing the need to present as homeless. This avoids any potential distress and trauma associated with moving into temporary accommodation or moving to an unfamiliar area away from existing support networks. We also know that for some women, the trauma experienced in their accommodation may mean that it is not an option for them to remain there. In these circumstances we would find alternative suitable accommodation. We recognise that women experiencing domestic abuse who approach the housing service asking for help may have other issues such as disability, addiction or be financially dependent on their abuser. We ensure that we treat women sympathetically and provide a trauma informed service to explore a range of housing options and supports to identify the best housing and/or support outcome. We will work in partnership with specialist services, including, but not limited to, mental health and addiction services to ensure referral pathways, that enable swift and good access to services when they are needed and will work with services on behalf of women where this is the preference of women. We also recognise that some women may experience additional specific barriers, such as women with ‘no recourse to public funds’ (NRPFs) due to immigration status. This can be a major barrier to escaping abuse, as women may be afraid to approach services for support or advice due to fear of being deported. We will work with partners, including national organisations who have expertise in advising and supporting women subject to NRPFs to support women who experience these complex and challenging situations. The nature of domestic abuse and intersectionality will be at the forefront of our approach, to help tackle deep- rooted structural inequalities. We will ensure our housing response takes full cognisance of the inter-connectedness and impact of disability, ethnicity, sexuality, poverty as well as other factors in relation to domestic abuse and the ways in which individual or several factors can combine and interact in ways to exacerbate inequality. The principles that underpin our service approach are that women experiencing abuse: • Will be believed, supported • Their views will be fully considered • Will have their support needs assessed • Will have access and support to maintain affordable housing or appropriate accommodation • Can be assured that the information provided will be dealt with in the strictest confidence To achieve this, we will ensure that women experiencing domestic abuse receive: • A consistent high-quality service • A thorough assessment of their accommodation and support needs • Access to appropriate accommodation • Access to housing support • Access to specialist support services • Access to legal information on the protection available to them 12
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Housing Domestic Abuse Policy • Signposting to all other relevant agencies Further details on the application of these principles in practice can be found in the Domestic Abuse Procedures for Housing. Housing Options Our aim is to provide the highest quality housing options advice and information to help identify a range of appropriate housing options to best meet the individual needs of women and children experiencing or at risk of domestic abuse. We will work with women to explore these options, linking with other services and organisations as appropriate, to ensure their housing and support needs are fully considered and that a plan is jointly agreed on how to progress and meet their needs. Housing options include, but are not limited to: • Supporting women to remain in their home • Removing the perpetrator (where possible) • Rehousing the perpetrator • Supporting women to transfer the tenancy to their name • Supporting women to gain legal advice and information • Utilising management housing transfers to support women to make planned moves and avoid homelessness • Utilising domestic abuse housing protocol priority points to achieve a move through the general or transfer waiting list and avoid homelessness • Referral to another local authority or specialist service that can assist with rehousing in another local authority area • Provision of temporary and/or supported accommodation • Enabling access to specialist domestic abuse support and/or accommodation Prevention and Early Housing Advice Providing good housing advice at an early stage is always our aim, to provide access to a range of options so an informed decision can be made on the best option that meets the needs of women and children. We recognise that women experiencing domestic abuse often feel the need to move out, and that this may not always, help them to feel and be safe in the longer term, and can create further trauma and hardship, for example through moving into temporary accommodation and then permanent housing and the associated costs and upheaval associated with homelessness. Where a person affected by domestic abuse wishes to remain in their own home, we will support them to do so, wherever possible. This may involve an assessment of home safety and support needs and making arrangements for equipment, technology or adaptations as appropriate to improve safety and wellbeing. As highlighted previously however, we also recognise that for some women this may not be an option and we will work with women to find suitable alternative accommodation that meets their needs where this is required. Housing Services use a Prevention and Sustainability (PAS) tool when there are approaches to the service for advice, information and assistance. This helps identify if there are any unmet support needs to enable the right housing advice, support and referral to other services as required. PAS is a crucial tool in supporting women and children affected by domestic abuse and will be used in every approach to the housing service in cases of domestic abuse to ensure a preventative approach and early intervention. 13
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Housing Domestic Abuse Policy Partnership working Partnership working is fundamental in the context of domestic abuse. We are committed to working with a range of partners and other council services to achieve the best possible outcomes for people affected domestic abuse. This includes MARAC and MATAC which supports the highest risk domestic abuse victims but also includes, working with partners on a regular basis for other domestic abuse victims who are not subject to these conferencing arrangements, to improve safety, reduce the impact of domestic abuse and to prevent it from occurring or re- occurring. This involves a range of partners, including but not limited to: • Monklands Women’s Aid • Motherwell and District Women’s Aid • North Lanarkshire Women’s Aid • Aura • Assist • Lanarkshire Rape Crisis Centre • Police Scotland • NHS Lanarkshire • SAY Women • Revive Scotland Partnership working also takes place at strategic and operational policy level, to ensure a consistent approach across services and partners within North Lanarkshire and to improve our response to prevent and tackle domestic abuse effectively and efficiently. This takes place via the Violence Against Women Operational Group and the Violence Against Women Strategic Group. Risk Assessment Risk assessment is vital in supporting victims of domestic abuse. It can help prevent domestic abuse from occurring and can ultimately save lives. Housing Services use the Safe Lives DASH risk assessment tool. This provides a useful tool to help understand risks, such as escalation, fear, isolation, and child contact, amongst others and can enable effective safety planning. Housing Services staff will also identify and refer as appropriate, using adult and child protection policies in place and are trained and skilled in understanding the safeguarding policies and procedures. Safety Planning Safety Planning is a vital tool in working with people affected by domestic abuse and is of particular importance when the victim resides with the perpetrator, when they consider leaving and after they have left. Risk also increases at the point when a victim is leaving. It is important that risk is regularly reviewed as the situation changes. Safety planning is an important component of the support provided by housing services and the partnership working undertaken to support and protect people affected by domestic abuse. Action against Perpetrators The new Domestic Abuse (Protection) (Scotland) Act 2021 will enable police and courts to ban suspected abusers from re-entering the home and from approaching or contacting the person at risk for a period to enable them to consider their longer-term options in relation to safety and housing. This Act will also allow social landlords to end or transfer the tenancy of a perpetrator of domestic abuse to the victim. Evidence supports that domestic abuse is one of the main causes of homelessness amongst women both in North Lanarkshire and nationally. Previous legislation did not safeguard women’s housing rights. As such this new Act is a welcomed development and will help improve housing outcomes for women affected by domestic abuse. It is anticipated that guidance, including provisions on how to rehouse perpetrators, will be published later in 2022, to assist social landlords in enacting their new powers and achieve better outcomes for women experiencing domestic abuse. In the interim until this new legislation is enacted, it is not possible to evict a perpetrator of domestic abuse, when the tenancy is held in joint names. We will however, support women to seek legal advice to prevent the perpetrator remaining in the family home, and we will explore other options which include rehousing a perpetrator and supporting Police Scotland in their activities to deal with perpetrators. 14
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Housing Domestic Abuse Policy Homelessness We will always endeavour to avoid homelessness where possible, through the provision of a full housing options interview and prevention interventions. We will always seek to utilise the Domestic Abuse Protocol in the first instance where appropriate, where a move of home is required, to maximise the priority points awarded to women affected by domestic abuse, to achieve an appropriate housing offer that meets their individual needs. We recognise, however, that there are some circumstances in which homelessness cannot be prevented and this policy aims to reduce the impact that homelessness may have on women and children experiencing or at risk of domestic abuse. We have clear processes in place which ensure: • The provision of safe, secure and comfortable temporary accommodation if required and access to permanent, settled accommodation as quickly as possible to minimise the time spent in temporary accommodation • That we listen to women about where they want to live to ensure that any offer of accommodation (temporary or permanent) meets their needs in terms of safety, support networks, including family and childcare, schooling arrangements, employment and educational needs, and access to other necessary amenities or facilities to meet their needs • The provision of support, information and advice on a range of housing options, including working with other local authorities where required, to ensure the best housing, safety and wellbeing outcomes. 15
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Training The Housing Service is committed to ensuring that all housing staff understand and can respond to domestic abuse. All housing staff undertake Domestic Abuse Awareness Raising Training (DAART) as a minimum, with frontline housing staff and managers undertaking enhanced training, which ensures staff: • Understand domestic abuse, and other forms of violence against women; • Can identify women at risk, understand the behaviour of perpetrators; and • Can respond in a trauma responsive way. The Housing Service is also working with the VAWG partnership to train housing staff in the Safe and Together Model Overview Training which will provide housing staff with information on creating a domestic violence-informed child welfare system, the principles and components of the Safe and Together Model and information about the framework behind competency-building in child welfare around domestic abuse. Training also takes place in relation to risk assessment and safety planning, in the form of Save Lives DASH Risk Assessment Training and we are committed to ensuring that training is also delivered to senior management to ensure an effective overall service response to domestic abuse. Underpinning the range of domestic abuse training, is also a range of trauma-informed practice training. We are committed to ensuring all housing staff complete trauma- informed training, with enhanced training for housing staff in support roles or with greater contact with the public. We will continue to roll out further training and learning opportunities on trauma within the housing service to embed trauma responsive practices across all aspects of our business and develop a trauma-informed workforce. Core Business Tackling domestic abuse is at the core of all our business. We ensure that no matter the service area, tackling domestic abuse is everyone’s responsibility and that there is a good awareness and understanding of domestic abuse across every area of our service and its impacts. This includes, for example, dealing with anti- social behaviour so that there is no confusion between domestic abuse and anti-social behaviour, managing rent arrears, so domestic abuse is considered in the context of impact on financial circumstances and wider tenancy and housing management areas. We will continue to build on developing a greater understanding amongst our wider housing workforce to reduce any service generated risks and to encourage housing staff to understand how domestic abuse relates to all other areas of people’s lives in complex ways. Evaluation and Monitoring This policy will be subject to regular review and monitoring, to ensure effective implementation and relevance and to support best practice in supporting women and children affected by domestic abuse. The policy will be reviewed on an annual basis, coordinated by the Housing Domestic Abuse Working Group in partnership with women with lived and living experience of domestic abuse and the VAWG Partnership. Monitoring information, data and statistics are reported to the VAWG Partnership on a quarterly basis and will also be used to inform the future development of this policy.
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