Statutory Safeguarding · Domestic Abuse Act 2021

Domestic Abuse

A practitioner guide covering the statutory definition, types, warning signs in children and adults, the DASH risk assessment, MARAC referrals, Clare's Law, and multi-agency response — aligned to the Domestic Abuse Act 2021 and Working Together 2026.

2.1M
Adults experienced DA in England & Wales (year to Mar 2024, ONS)
1 in 4
Women will experience domestic abuse in their lifetime (ONS)
62%
Of child safeguarding cases involve domestic abuse as a factor (CAFCASS)
7 years
Average time before a victim seeks help (SafeLives)

⚖️ Statutory Definition — Domestic Abuse Act 2021

The Domestic Abuse Act 2021 created the first statutory definition of domestic abuse in England and Wales. Behaviour constitutes domestic abuse where it occurs between two people who are personally connected and it is abusive behaviour — including: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, or psychological, emotional or other abuse.

Key change in 2021 Act: Children who see, hear, or are affected by domestic abuse are now recognised as victims in their own right — not just as witnesses. This has direct implications for s.47 assessments, CP conferences, and school referrals.
Controlling behaviour
Acts designed to make a person subordinate — isolating from support, monitoring communications, controlling finances, regulating daily activities.
Coercive behaviour
A pattern of acts of assault, threats, humiliation or intimidation used to harm, punish or frighten a victim. Offence under s.76 Serious Crime Act 2015 — up to 5 years' imprisonment.

🔍 Types of Domestic Abuse

Physical abuse
Hitting, slapping, punching, kicking, strangling, burning, restraining, or using weapons. Strangulation is a significant risk indicator for homicide.
Psychological / emotional
Humiliation, gaslighting, threats (to the victim, children, or pets), isolation, sleep deprivation, and constant criticism or belittling.
Economic / financial abuse
Preventing the victim from working, controlling all money, running up debt in their name, or demanding they account for every purchase.
Sexual abuse
Any sexual act carried out without full and informed consent. Marital rape is a criminal offence. Includes coercion into pornography or prostitution.
Honour-based abuse
Violence or abuse motivated by actual or perceived breach of family "honour". Includes forced marriage, FGM, and so-called "honour" killings.
Stalking & harassment
Persistent unwanted contact, monitoring movements or devices. Protection from Harassment Act 1997; Stalking Protection Act 2019.

🏫 Warning Signs in Children — What Schools See

Children living with domestic abuse are significantly more likely to suffer poor mental health, low attainment, and re-victimisation in adult relationships. Exposure to domestic abuse is a form of emotional abuse under KCSIE 2025.

  • Unexplained mood changes or regression in younger children
  • Persistent anxiety, hypervigilance, or "frozen watchfulness"
  • Becoming withdrawn or suddenly aggressive with peers
  • Poor concentration, declining attainment
  • Frequent absences or lateness — especially on Monday mornings
  • Age-inappropriate sexualised behaviour
  • Disclosure of arguments or violence at home
  • Flinching at sudden movement or raised voices
  • Asking to stay at school; reluctant to go home
  • Reports of police attending at home
  • Self-harm or statements about self-harm
  • Young carer responsibilities / parentified behaviour
Operation Encompass: A police-to-school notification scheme where police inform the school's DSL the morning after attending a domestic abuse incident involving a child. If your school is not signed up, visit operationencompass.org. The DSL should check in with the child before school starts that day.

📊 DASH Risk Assessment

The Domestic Abuse, Stalking and Honour-based Violence (DASH) Risk Identification Checklist is the standard risk-assessment tool used by police and IDVAs in England and Wales. It contains 27 questions and produces a risk category:

Standard
No current identified risk
Medium
Identified risk — safety plan and IDVA referral
High / Very High
Serious harm likely — MARAC referral required

Practitioners outside police/IDVA services can use the DASH as a structured conversation tool. If a victim scores 14+ or there is a professional override concern, refer to MARAC without waiting for a formal DASH.

🤝 MARAC — Multi-Agency Risk Assessment Conference

MARAC is a regular meeting where information about high-risk domestic abuse victims is shared between criminal justice, health, child protection, housing, and voluntary agencies to produce a coordinated safety plan.

Who attends MARAC?
  • Police (DASH or IDVA referral)
  • Children's social care (DSL may contribute)
  • Independent Domestic Violence Adviser (IDVA)
  • Housing / local authority
  • Health (GP, midwife, community nurse)
  • Probation / CAFCASS
DSL / school role at MARAC
  • Provide information about child and family where relevant
  • Share recent disclosures, attendance patterns, or welfare concerns
  • Note: a school cannot refer directly to MARAC — referrals go through police or IDVA
  • If you believe a family is MARAC-eligible, contact your local IDVA or MASH

🔓 Clare's Law — Domestic Violence Disclosure Scheme (DVDS)

Introduced nationally in 2014, Clare's Law gives people the right to ask police whether a partner has a history of domestic abuse or violence (Right to Ask), or for police to tell someone if their partner poses a risk (Right to Know).

Right to Ask
Any person can ask police if their partner has a violent or abusive past. Police will assess and, if warranted, share information.
Right to Know
Police proactively disclose to a potential victim if they believe they are at risk from a partner — even without a formal application.

Practitioners can signpost victims to Clare's Law by contacting their local police force (101). It does not require a formal complaint or ongoing case.

👶 Children as Victims — KCSIE 2025 Requirements

Under the Domestic Abuse Act 2021 s.3, a child who sees or hears, or experiences the effects of, domestic abuse, and who is related to the person being abused or the perpetrator, is a victim. Schools must treat them accordingly under KCSIE 2025.

Referral Pathways & Key Contacts

National DA Helpline
Freephone: 0808 2000 247
24 hours · for victims and professionals
MASH / Children's Social Care
For children at risk — use your local authority MASH number. Can refer as a school professional.
Refuge / Women's Aid
womensaid.org.uk
refuge.org.uk
Local refuge finder available online
Men's Advice Line
Freephone: 0808 801 0327
For male victims — Mon–Fri 9am–8pm
Police
999 — immediate danger
101 — non-emergency, Clare's Law enquiries
Domestic Homicide Reviews
DHRs are commissioned by local Community Safety Partnerships following a DA-related homicide. Learning should be disseminated to all agencies.
Related resources on The Safeguard Hub
→ Peer-on-Peer Abuse → Mental Health & Safeguarding → Child Neglect → Early Help → Continuum of Need

Statutory references: Domestic Abuse Act 2021 · Serious Crime Act 2015 (s.76 coercive control) · Children Act 1989/2004 · KCSIE 2025 · Working Together 2026 · Protection from Harassment Act 1997 · Stalking Protection Act 2019 · Crime and Security Act 2010 (DVDS)
Statistics: ONS Crime Survey for England and Wales year to March 2024 · SafeLives (safelives.org.uk) · CAFCASS