Guidance on perpetrators of domestic abuse Guidance on

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Guidance on perpetrators of domestic abuse
How to use this policy
Not every business or organisation has the same policies or working practices, therefore you
will need to adapt this policy to suit your particular business needs. Yellow highlights show
where you should insert your business name and also highlight areas that are the most likely
to need amending.
1. This guidance is intended to provide managers with additional advice in
relation to perpetrators of domestic abuse. The guidance incorporates
information from the Respect domestic violence resource manual. These are
guidelines only and should not be used without reference to the full domestic
abuse policy
Engaging with perpetrators of abuse in a positive, respectful way doesn’t
mean excusing the abuse and can help to increase safety and save lives.1
2. All employers have a duty of care towards their employees. This includes
perpetrators of domestic violence who, through their actions, are damaging
their own lives as well as the lives of others.1
Background
3. Domestic abuse is a serious matter which could lead to a criminal conviction.
4. Abusive behaviour is the responsibility of the perpetrator who needs to take
responsibility and be held to account for their actions.
5. The majority of perpetrators will have little or no contact with the police, the
courts or receive a referral to a perpetrators programme. It is far more likely
that they will reveal information about their violence and abuse to people they
know. A US research study with convicted perpetrators sent to a domestic
violence programme found that 44% had told someone at work about the
abuse they perpetrated (Rothman and Perry 2004).
6. Perpetrators of domestic abuse may use work place resources such as the
telephone, fax, email, computer, postal mail, information databases and the
company car to threaten, harass, stalk or abuse their current or former
partner. As such, other work colleagues may become aware of the abuse and
should share their concerns.
1
Domestic violence resource manual for employers, 2010 second edition, Refuge and Respect
Produced by the Community Safety Team and HR Wiltshire Council 2014
7. Perpetrators may involve other colleagues (who may or may not be aware of
their motives) in assisting them.
8. If an employee is found to be assisting or colluding with abuse or malicious
allegations they may also be subject to an investigation and appropriate
further action in accordance with council policies and procedures.
9. [your business name] recognises that perpetrators of domestic abuse may
need help to change their behaviour and therefore will support and encourage
employees to address violent and abusive behaviours of all kinds. This will
include providing information about the support and services available.
Signs that an employee is perpetrating domestic abuse could include:
10.
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(This is not an exhaustive checklist)
Negative comments made by the abuser about a partner or women and
men in general
Sexual jealousy or possessiveness
Expressing anger and blaming their partner for minor and/or major issues
Recent mental ill-health relating to violence
Uncharacteristic behaviour such as:
 Constant text messaging or telephoning a partner
 late/absent behaviour with no explanation
 Uncharacteristic moods
 An obsession with time
Repeated injuries/scratches/bite marks/bruised knuckles/injuries to wrists
and forearms (this could be a result of the victim defending themselves).
11. It may be that there is another explanation for your observations, however if
you are concerned that domestic abuse may be an issue, as a responsible
employer, you should discuss this with your employee.
12. Be alert to the possibility of domestic abuse if you hear the following:
 My partner and I are fighting a lot
 My partner and I need counselling
 My partner is not coping and is taking it out on me
 The kids are out of control and she’s/he’s not firm enough
 My partner says I need help
 I’m worried about my rage at work, in the car, in the street, at the football
13. Less obvious comments could include:
 I need an anger management course
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I’m not handling stress very well
I’m depressed/anxious/stressed/not sleeping/not coping/not myself
I feel suicidal (or have threatened or attempted suicide)
I’ve got a problem with drink
Direct disclosure
14. Some perpetrators may identify their behaviour directly and seek help from
their employer. This may be prompted by a crisis such as a particularly
serious assault, an arrest or an ultimatum from the abused partner.
Indirect disclosure
15. Indirect disclosure of perpetrating domestic abuse may come to light as a
result of:
 A direct allegation shared with the employer by the victim
 An allegation shared with the employer by a third party, eg an employee
suspects or has witnessed another employee abusing their partner
 Notification by the police or through a DRB check
 The employee requires time off work to attend court
Minimisation and denial
16. Some perpetrators, even when they have sought help voluntarily, are unlikely
to disclose the seriousness or extent of their abuse and may try to ‘explain’ or
blame it on other people or external factors. Even those who are concerned
enough about the abuse to seek help may present with other problems such
as alcohol, stress or depression and may not refer directly to the abuse as the
problem.
How to respond
17. Domestic abuse is a serious issue and how the organisation responds to a
perpetrator and their disclosures could affect the extent to which they accept
responsibility for their behaviour and therefore the need to change.
18. Do not expect an early full and honest disclosure about the extent of the
abuse.
19. Be aware of the barriers to the perpetrator to acknowledging their abuse and
seeking help, such as shame, fear of child protection process or self-justifying
anger.
Produced by the Community Safety Team and HR Wiltshire Council 2014
20. If an employee presents with a problem such as drinking, stress or depression
but does not refer to abusive behaviour, these are some useful questions to
ask:
 How is this drinking/stress at work/depression affecting you?
 Are you worried about the effect this is having on your relationship with
your partner and your children?
 It sounds like you want to make some changes for your benefit and for
your partner/children.
 Would you like to speak to someone who can help you to make some
changes?
21. If they have stated that domestic abuse is an issue it is important to
encourage them to self-refer to a specialist service. Please see details of
support services at the end of this policy.
Good practice
22. All people engaging with perpetrators should adopt the following good
practice response. Managers are not expected to adopt the role of a support
worker however, in exploratory discussions with employees about potential
support at work it would be helpful for managers to observe the following
principles which are both safe and constructive:
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Be clear that abuse is always unacceptable and that it may constitute
criminal behaviour
Be clear that abusive behaviour is a choice
Be respectful but do not collude
Be positive, it is possible for perpetrators to change if they recognise that
they have a problem and take steps to change their behaviour
Be aware that on some level the perpetrator may be unhappy about their
behaviour
Be aware that children are always negatively affected by living with
domestic abuse, whether or not they witness it directly
Be aware that domestic abuse is about a range of controlling behaviours
not just physical violence
Be aware of the likely cost to the perpetrator of continued abuse
(arrest/loss of relationship/impact on children) and assist them to see this.
Actions and decisions
23. Managers may become aware that an employee is a perpetrator of domestic
abuse through a variety of routes as described above.
24. The information that the manager and organisation gathers will be the basis
for its decision about how best to engage with a perpetrator of domestic
abuse and what kind of specialist help is required, either for them directly or to
Produced by the Community Safety Team and HR Wiltshire Council 2014
manage the risk to other employees and whether any further action is
required.
25. It is important that managers keep a confidential record of a disclosure and
any action/decisions that they have taken in relation to the issues outlined
below.
26. Managers will need to exercise their responsibility to:
Exercise a duty of care towards perpetrators
27. Employees who are perpetrators of domestic abuse may need help to change
their behaviour and therefore managers should support and encourage
perpetrators to address violent and abusive behaviours of all kinds. This will
include providing information about the support and services available to
perpetrators. Please see details of support services at the end of this policy.
Reduce the risks to the victim and other employees potentially affected at
work
28. If the victim of the abuse is also a [your business name] employee managers
should follow the advice set out in the section below. (link to section)
29. Managers will also need to give consideration to what potential impact the
perpetrators behaviour may have on other employees, assess the risk and
take action to reduce or eliminate these risks where they are identified. Such
behaviour may be regarded as gross misconduct.
30. Care must be taken at all times with regards to the disclosure of information to
the alleged perpetrator. The safety of those at risk from further abuse must be
the priority and, for this reason, consideration of what support and information
can be provided to the victim needs to be considered at an early stage, along
with risk management and contact with specialist agencies.
Consider whether any further action is required under relevant [your business
name] procedures
31. Allegations of domestic abuse will not automatically lead to an investigation,
however, managers of employees who have been formally accused of
perpetrating domestic abuse or have come forward to declare this should
make employees aware that they will need to consider whether an
investigation or further action is required in accordance with council policies
and procedures.
32. Managers should be aware that if an employee is accused of serious
misconduct and/or criminal offences committed during or outside of working
Produced by the Community Safety Team and HR Wiltshire Council 2014
hours which bring them or the council into disrepute they may be the subject
of disciplinary action which could lead to dismissal.
33. Employees are also required to notify [your business name] of any caution,
reprimand, warning or conviction which they are given after they are
appointed.
34. Any disciplinary action or investigations should adhere to [your business
name] policies.
35. Expectations in relation to employees conduct are set out in a number of
policies. Employees are expected to comply with these policies as a condition
of their employment. These include but are not limited to:
 The code of conduct
 The behaviours framework
 The equality and diversity policy and procedure
 The disciplinary policy and procedure
 The dignity at work policy and procedure.
36. The line manager of the employee will decide after consulting with their HR
contact whether the employee has breached any [your business name] policy.
If HR advises that in this instance a policy may have been breached, then an
investigation may take place.
37. If it is decided that at this stage no policy has been breached the manager
should record the basis on which this decision was reached. The manager
should record any other action they have taken in response to the disclosure.
38. Managers may also need to give consideration to the following additional
factors:
 Managers may believe that there is a conflict between the offence
and the job the employee is employed to do. In some cases the fact
that an employee is a perpetrator of domestic abuse may make
certain duties inappropriate and justify redeployment/disciplinary
action. For example, it would be inappropriate for a perpetrator of
domestic abuse to be providing advice or services to vulnerable
men, women and children and/or the public.
 Some employees represent the public face of an organisation and
there may be considerable reputational damage to the organisation if
an employee is a perpetrator of domestic abuse.
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 Where a perpetrator of abuse is using work resources such as the
telephone, fax, email or company car to harass their partner, this
could be construed as misuse of the organisation’s property and
contrary to the organisation’s code of conduct.
39. It is important to keep detailed records if an employee discloses abusive
behaviours or if someone alleges an employee is a perpetrator of domestic
abuse. Good records may help in any further legal proceedings which the
victim or the police may take.
If the victim and the perpetrator are both employed by [your business name]
40. In some cases, both the abuser and the victim may be employees and in
these circumstances both the victim and others in the workplace may be at
risk. Harassment and intimidation of a partner who is also an employee of the
organisation should therefore be viewed very seriously.
41. If employees are partners and work in close proximity to one another and
allegations of domestic abuse arise or are founded by law, you should
consider the health and safety implications of all the employees within the
work area.
42. Managers of the victim will need to consider whether action is required to
minimise the potential for the perpetrator to use their position or work
resources to abuse the victim at work. This might include limiting the
perpetrators ability to find out details of the victims whereabouts at work,
changing duties, if practical, for one or both employees or withdrawing the
perpetrators access to certain computer programs. Please note some actions
may require co-ordination between the manager of the perpetrator and the
manager of the victim. The manager of the victim should consult this
employee about confidential contact with the manager of the perpetrator and
any proposed actions.
43. It is recognised that in certain circumstances the victim and perpetrator may
choose to seek solutions jointly and appropriate support should be given.
Contacts for specialist support services
The Respect Phoneline - www.respectphoneline.org.uk freephone 0808 802 4040
The Respect Phoneline is a confidential helpline for domestic violence perpetrators
(male, female, in heterosexual or same-sex relationships) and professionals who
would like further information about services for those using violence/abuse in their
intimate partner relationships. They offer information and advice to support
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perpetrators stop their violence and change their abusive behaviours. The main
focus of the Respect Phone line is to increase the safety of those experiencing
domestic violence by engaging with the abusers and to reduce the risk.
Splitz Support Service - www.splitz.org 01225 775276
Splitz is a local charity which provides support to families, individuals, and
children/young people who have experienced difficulty, where that difficulty is related
to separation, divorce or domestic abuse and their associated issues. They provide
information, advice and support to both victims and perpetrators of domestic abuse.
Splitz run specific domestic violence perpetrator programmes for male perpetrators
of domestic abuse.
Produced by the Community Safety Team and HR Wiltshire Council 2014
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