Safeguarding Vulnerable Adults POLICY NEC019 This policy is a North Essex Cluster policy. NHS North Essex is a cluster of three primary care trusts working as a single organisation on behalf of Mid Essex PCT, North East Essex PCT and West Essex PCT Version number: 1 Policy Owner: Safeguarding Vulnerable Adults Lead Date Approved: June 2012 Approved By: Internal Governance Group Review Date: 30th April 2014 Target Audience: All Commissioning staff This is an update of the previous policy of Mid Essex PCT/North East Essex PCT/West Essex PCT 1 Equality Analysis An equality impact assessment has been undertaken and approved by HR. There are no detrimental impacts of this policy for those with protected characteristics under the Equality Act 2010. This document has been written as a North Essex cluster policy and replaces: North East Essex PCT - Safeguarding Adults Policy Mid Essex PCT – Safeguarding Vulnerable Adults Policy West Essex PCT – Safeguarding Vulnerable Adults Policy This document should be read in conjunction with the following documents: Southend Essex and Thurrock Safeguarding Vulnerable Adults Guidelines (2010) Southend Essex and Thurrock Information Sharing Protocol And also in conjunction with the following NHS West Essex documents until they are replaced by a North Essex cluster policy: Data Protection Act Policy Information Governance Policy Integrated Governance Strategy Incident reporting policy Consent to Treatment Policy Recruitment and Retention Policy Records Management Policy Domestic Abuse Policy Whistleblowing Policy Safeguarding Children and Families Guidelines & Policy Building Partnerships and Staying Safe – Prevent Strategy (November 2011) Professional Codes of Conduct Aims The NHS North Essex cluster is committed to: Ensuring that the welfare of adults is paramount at all times Maximising people’s choice, control and inclusion and protecting their human rights Working in partnership with others in order to safeguarding vulnerable adults Ensuring safe and effective working practices are in place. Supporting staff within the organisation. Introduction NHS North Essex operates as a cluster of three Primary Care Trusts – North East Essex, Mid Essex and West Essex. This policy sets out the roles and responsibilities of all staff within the NHS North Essex cluster in working together with other professionals and agencies in promoting adults welfare and safeguarding them from abuse and neglect. 2 This policy is intended to support staff working within the NHS North Essex cluster. It does not replace, but is supplementary to the Southend, Essex, Thurrock (SET) Safeguarding Adults Guidelines (2010) available at www.essexsab.org. Scope This policy applies to all staff (permanent, seconded or temporary and volunteers of the NHS North Essex cluster as well as all people who work on behalf of the NHS North Essex (including independent contractors). Definitions A vulnerable adult is defined as: any person aged 18 or over who is or may be in need of community care services by reason of mental, or other disability age or illness and who is or maybe unable to take care of him or herself or unable to protect him or herself against significant harm or serious exploitation No Secrets (2000) – Department of Health Therefore all adults who meet the above criteria may be defined as “vulnerable”. Throughout this policy, the term “Vulnerable Adult” is used to refer to a service user who falls within the above definition. Definition of abuse Definitions of the types of abuse and adult safeguarding principles are identified within the Southend, Essex, Thurrock Safeguarding Adults Guidelines (2010) and include: Physical abuse - including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions; Sexual abuse - including rape and sexual assault or sexual acts to which the adult has not consented, could not consent to, or was pressured into consenting; Psychological abuse including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks Financial or material abuse - including theft, fraud, exploitation, pressure in connection with Wills, property or inheritance or financial transactions, possessions or benefits Neglect and acts of omission - including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of essentials such as medication, adequate nutrition and heating Discriminatory Abuse - including racist, sexist, that based on a person’s disability, and other forms of harassment, slurs or similar treatment Institutional Abuse - can include any of the above and poor or unsatisfactory professional practice, or pervasive ill treatment or gross misconduct. It is abuse or mistreatment by a regime as well as by individuals, within any setting where care is provided. 3 It is important that Trust staff are familiar with generally agreed definitions of types of abuse so that appropriate decisions are made about whether information received may constitute abuse. Duty to Safeguard Vulnerable Adults Everyone has the right to live their lives free from violence and abuse. This right is underpinned by the duty on public agencies under the Human Rights Act (1998) to intervene proportionately to protect the rights of citizens. These rights include Article 2: ‘the Right to life’; Article 3: ‘the Right to Freedom from torture’ (including humiliating and degrading treatment); Article 8: ‘the Right to family life’ (one that sustains the individual). Responsibilities of the NHS North Essex Cluster The NHS North Essex cluster has signed up and accepts the principles laid down within the Essex Safeguarding Adults Board Guidelines. These include: To take action to identify and prevent abuse from happening. Respond appropriately when abuse has or is suspected to have occurred. Ensure that the agreed safeguarding adults procedures are followed at all times, these are available at www.essexsab.org Provide support, advice and resources to staff in responding to safeguarding adult issues. Inform staff of any local or national issues relating to safeguarding adults. Ensure staff are aware of their responsibilities to attend training and to support staff in accessing these events. Ensure staff have access to appropriate training. Ensure that the organisation has a dedicated staff member with an expertise in safeguarding adults. Ensure staff have access to appropriate consultation and supervision regarding safeguarding adults. Understand how diversity, beliefs and values of people who use services may influence the identification, prevention and response to safeguarding concerns. Ensure that information is available for people that use services, family members setting out what to do if they have a concern (e.g. ASK SAL helpline). Ensure that all employees who come in contact with vulnerable adults have a CRB check in line with the requirements of the Independent Safeguarding Authority Vetting and Barring Scheme. Responsibilities of all staff Follow the safeguarding policies and procedures at all times, particularly if concerns arise about the safety or welfare of a vulnerable adult. Participate in safeguarding adults training and maintain current working knowledge. Be familiar with the SET Safeguarding Adults Guidelines. Discuss any concerns about the welfare of a vulnerable adult with their line manager and complete a SETSAF1 to formally report concerns. 4 Contribute to actions required including information sharing and attending meetings. Work collaboratively with other agencies to safeguarding and protect the welfare of people who use services. Remain alert at all times to the possibility of abuse. Recognise the impact that diversity, beliefs and values of people who use services can have. In addition, Managers have the following responsibilities: To ensure that all their own staff members have adequate and appropriate training for their roles and responsibilities within Adult Safeguarding in line with the ESAB Training Strategy. To provide support and advice (within their own competency) to all staff when dealing with Adult Safeguarding issues and to provide support, advice and resources to enable the Safeguarding Vulnerable Adults Lead to fulfil their role. To provide a safe environment in which to work and receive services, without fear of reprisal in accordance with the Whistleblowing Policy. To encourage an atmosphere of openness so that staff can approach them with any concerns regarding Vulnerable Adults. To ensure that safeguarding Vulnerable Adults becomes fully integrated into NHS systems. Common Law There is a common law Duty of Confidence where a person has a right to expect information given in confidence to be kept confidential by the person receiving the information, i.e. doctor and patient, solicitor and client. The Duty of Confidence is not absolute and disclosures can be justified if, when looked at, the information is not of a confidential nature and can be accessed elsewhere and if it is in the public interest to disclose the information (if a court orders the disclosure). When deciding on disclosing information without consent of the person the disclosure would have to be proportionate to the need to protect the vulnerable adult. If there is doubt whether to disclose such information the person wishing to share the information should obtain advice from their legal advisor. Training All staff should receive a basic Safeguarding Vulnerable Adults awareness training at a level according to their role and as stated within the Essex Safeguarding Adults Board Training Strategy. This should be refreshed as a minimum every two years. Professional Leads The named professional is responsible for Safeguarding Vulnerable Adults. They will provide a contact point for other agencies and is responsible for linking in with the wider network to share information. Within the NHS North Essex cluster the professional leads for adult safeguarding matters are the Safeguarding Vulnerable Adults team: Assistant Director for Safeguarding Vulnerable Adults 5 Safeguarding Vulnerable Adults Lead Safeguarding Vulnerable Adults Nurse Administrative Assistant for safeguarding Vulnerable Adults Team Assistant Director Safeguarding Vulnerable Adults Safeguarding Vulnerable Adults Lead Safeguarding Vulnerable Adults Lead Safeguarding Vulnerable Adults Nurse Administrative Assistant for Safeguarding Vulnerable Adults Team How to Report Abuse It is expected that all staff follow the SET Safeguarding Adults Guidelines (for full set of procedures see www.essexsab.org). 1. If staff suspect a vulnerable person is being abused or is at risk of abuse, they are expected to report concerns to a line manager (unless they suspect that the line manager is implicated – in such circumstances the Whistleblowing Policy should be followed. 2. If at any time staff feel the person needs urgent medical assistance, they have a duty to call for an ambulance or arrange for a doctor to see the person at the earliest opportunity. 3. If at the time staff have reason to believe the vulnerable person is in immediate and serious risk of harm or that a crime has been committed the police must be called. 4. A SET SAF 1 form (SEE APPENDIX ONE) must be completed where there are allegations of abuse and sent to the relevant Social Care area. Guidance notes are available on www.essexsab.org. All service users need to be safe. Throughout the process the service user’s needs remain paramount. This process is about protecting the adult and prevention of abuse. Allegation of abuse by a staff member 6 Employees should be aware that abuse is a serious matter that can lead to a criminal conviction. Where applicable the organisations disciplinary policy should be implemented. Capacity and Consent One of the overriding principles in Safeguarding Vulnerable Adults is capacity and consent. Whenever possible every effort must be made to obtain the consent of an adult to report abuse taking into consideration the definitions of the Mental Capacity Act (2005). However when there is a duty of care and the adult does not have the capacity to protect him / herself the matter must be discussed with the Safeguarding Vulnerable Adults Lead to determine how best to proceed. Any patient affected by abuse, who has capacity, should be consulted as to whether or not they wish action to be taken in relation to their own situation. However, their response will be viewed in the context of the need for any intervention in order to protect other service users and / or staff from harm or risk of harm. If the individual does not wish to report the abuse a discussion must take place the Safeguarding Vulnerable Adults Lead as to the appropriate course of action to safeguard other service users and staff or in the public interest. Choices and Risk On occasions, vulnerable adults are left in situations, which leave them seriously at risk of abuse. Sometimes attempts to justify this are made on the grounds of a person’s right to make choices about their lifestyle, which may involve risk. Decisions about risk at this level should never be taken by individual staff but through a properly constituted professionals meeting and by involving risk assessments. Supporting Vulnerable Adults who fail to attend Appointments It is recognised that vulnerable adults often experience difficulties accessing health services. It is imperative services are readily available and easily accessible to ensure inequality in health provision does not occur. Failure to attend appointments may be an indication that the carers of the vulnerable adult are failing to engage with health professionals and can be an indication they are not meeting the health and welfare needs of the vulnerable adult. Early signs of potential or actual disengagement with health services need to be recognised and assessed as this may be a precursor or indication that the vulnerable adult may be experiencing abuse. Therefore it is vital that all providers of health services have robust systems in place to monitor failure to attend appointments and processes to inform the referrer of the non attendance. Proactive measures that health service providers may wish to put in place to support vulnerable adults to attend include: to ensure that they have up to date contact details for the vulnerable adult, Next of Kin and other significant contacts to check regularly that contact information is correct 7 to ascertain the best way of contacting/communicating with the vulnerable adult. E.g. if the vulnerable adult is unable to read, contacting by telephone may be the most appropriate method to ascertain the level of understanding of the vulnerable adult as a learning disability or literacy, language or communication difficulty needs to be recognised and addressed. Attempts should be made to aid communication in a way that is appropriate to their needs. to place a “flag” or “alert” on the vulnerable adult’s records to inform all persons accessing the records of any specific needs of the vulnerable adult to identify ways to support the vulnerable adult to remember their appointment to ensure that the vulnerable adult knows how to make contact with the service If a vulnerable adult has failed or continues to fail to attend a scheduled appointment the responsible professional should consider if the appointment is essential and if the vulnerable adult’s health needs are being neglected. All attempts should be made to contact the vulnerable adult and carer to ascertain why the appointment was not attended and a rescheduled appointment should be offered. Reasons for non attendance and actions taken should be documented in the patient records. Consideration should be given to contacting other professionals directly involved with the vulnerable adult as they may be able to assist in identifying issues with non – attendance or confirm any concerns. Where difficulty is experienced in gaining access to the vulnerable adult and there is cause for concern, further action should be taken – a SETSAF1 should be completed or 999 in emergencies. Staff should follow the Southend, Essex and Thurrock Safeguarding Adults Guidelines (2010). Advice should be sought from the Safeguarding Vulnerable Adults Lead if there is any doubt around what action to take. Monitoring compliance with this policy Compliance with this policy will be monitored by the Safeguarding Adults Team by undertaking relevant audits such as the Essex Safeguarding Adults Board annual audit with any recommendations shared and implemented across the North Essex cluster and monitored through an appropriate action plan. In addition the Safeguarding Adults Team will submit quarterly reports to the Clinical Quality Review groups in each locality. 8 SET SAF 1 – SAFEGUARDING ADULT CONCERN FORM Service User reference/NHS No: (Swift/PRN/NHS) (if known) Date Form Completed: 1.Tell us if the concern is for a person or an Organisation: (please complete as much of this as is known – if not known put N/K) Name of person who you are concerned about: Organisation: Gender: Home Address: Telephone Number: Age: DOB: Ethnic Origin and or Nationality: Does the person have any Communication Needs: Are they aware of this referral: Yes No Have they agreed to this referral: If not, why not: Yes No Is the vulnerable adult in receipt of any social or health care services: Yes No Not Known Please give brief details: 2a. – Current Situation and Details of the Incident/Concern(s) being raised 9 Does the person continue to be at risk of harm? Yes Are there other people who may be at risk of harm? Yes No No If the answer to either of the above is yes, please describe the risk that remains and the names of any others potentially at risk: (please only refer to identified risk that relates directly to the concern) 2b. Details of the concern(s) being raised Time of incident/ Date: Concern: Location of Incident: Brief factual details of the incident: This should include a clear factual outline of the concern being raised with details of times, dates, people and places where appropriate. (please continue on separate sheet if required). If injuries are present Please give a brief/accurate description: Has a body chart been completed? Yes No (If completed please attach to SET SAF 1 or forward as soon as possible.) Details of any medical attention sought: Doctor Informed? Yes No Name of Doctor informed: Date and time of information given: Actions taken to date to safeguard the individual: Are any other professionals aware in this alert? (in particular please specify if the police are involved)? 10 If police have been contacted Is there a crime incident number? 3. Relative/Name of Main Carer Name: Relationship to Person: Is Relative/Carer aware of this referral? Contact Address: Yes No Telephone No: Mobile No: Email: County: Postcode: 4. Details of alleged perpetrator(s) involved if abuse is suspected (please complete as much of this as is known) Name: Gender: D.O.B.: Address (if known): Do they live with the vulnerable adult?: Yes No If so, in what capacity e.g. spouse, fellow resident, carer: Occupation/Position/Title: Is this person known/related to the individual who is subject of this concern? – If so please describe relationship Are they aware of this alert? Yes No 5. Please provide details of the person raising the alert. (We cannot guarantee your anonymity but will do all we can to keep your details confidential if you 11 prefer) Can your details be shared with third parties? I would prefer to remain anonymous: Yes No Please give your reasons for remaining anonymous: Date: Name: Job Title and/or Relationship to person referred: Organisation (if applicable): Contact Address: County: Telephone No: Postcode: Mobile: Email: 6. Details of person completing form (add only if different to box 5) Name: Date completed: Address: Telephone No: Mobile: Email: * FOR HEALTH STAFF ONLY – HAVE YOU COMPLETED YOUR LOCAL INCIDENT FORM PRIOR TO SENDING THIS FORM 12 Completed forms should be sent to your relevant Local Authority: Southend By Email: accessteam@southend.gov.uk By Fax to: 01702 534794 Making a referral/enquiry by telephone: Access Team: 01702 215008 Essex By Post to: Essex Social Care Direct, Essex House, 200 The Crescent, Colchester, Essex, CO4 9YQ By email: Secure email only: essex.socialcare@essexcc.gcsx.gov.uk Please note you can only send emails to the secure address if you are sending from a secure email address Non Secure email: Socialcaredirect@essex.gov.uk By fax to: 0845 601 6230 Making a referral/enquiry by telephone: 0845 603 7630 Out of hours Referrals: General Public - 0845 606 1212 Statutory Agencies – 0300 123 0778 Fax: 0300 123 0779 Thurrock By Email: SafeguardingAdults@thurrock.gov.uk By Fax to: 01375 652760 Making a referral/enquiry by telephone: Community Solutions Team: 01375 652686 Out of hours: 01375 372468 (Fax 01375 397080) Please tick which form of abuse you suspect: Physical Sexual Emotional Financial or Material Neglect Institutional Not Determined Discriminatory 13 Completion by Investigating/Receiving Team No further action Case Management Resolution No further action referral to other SET SAF4 agency completed Key team referred to: Tel No Name: Address: Mobile: E-mail: Referrer updated By Whom If referrer not updated reasons why: Signed: Date: 14 Proceed to information gathering SET SAF2 SET SAF RISK At all stages there must be an ongoing and documented RISK MANAGEMENT PLAN. APPENDIX 2 Safeguarding Vulnerable Adults Alert Internal Process Incident occurs/ Concerns raised Complete Incident Form and send to the Integrated Governance team immediately. Make telephone contact with the Safeguarding Vulnerable Adults Lead and/or the Integrated Governance team Discussion takes place to determine whether this is a safeguarding vulnerable adult issue - Immediately or by next working day Consider referral to Police (if appropriate) YES SET SAF 1 form to be completed by nominated person. (Refer to Safeguarding Vulnerable Adults guidelines) NO Normal process will apply Investigation commences 15 Appendix 3 Strictly Private and Confidential Safeguarding Adults - Patient Consent Form The healthcare professional stated below, believes that you may be at risk and is seeking your consent, in accordance with the Data Protection Act, to make a referral to safeguarding Essex. (Professionals can still disclose information under common law “Duty of Confidence” without your consent, if other people are at risk) If you agree to give your consent, some or all of the following information may be shared -your personal details, information about your carers, your current environment and details of the safeguarding adult concern. This may be shared with a multi-agency group, which could include representatives from National Health Service, Advocacy and any others as deemed necessary. These people are qualified and will consider the information put forward and make recommendations on how the care you receive might be extended to support you further with any difficulties you may be experiencing. The healthcare professionals involved are trained to protect your rights to privacy and confidentiality and this will be respected at all times. Patient Authorisation I do / do not* give my consent for the below named health care professional to share personal information, as described above, with Safeguarding Essex for the purpose outlined above. Depending on the circumstances, information will be shared and held by members of the multidisciplinary team, which could include representatives from Essex Social Services, Advocacy and any others as deemed necessary by the multi disciplinary team. * please delete as appropriate I can confirm that the health care professional (HCP) has explained 1. The nature of their concern. 2. Who will have access to the information. 3. That I may withdraw my consent at any time. 4. That I can contact Safeguarding Essex about the referral. 16 Patient details Name Address DOB Patient’s signature…………………………………Date ……………….. Healthcare Profession details Name Job title Contact details Signed: ………………………………………………Date ……………………… NB. This form needs to be retained in the Patients record. + Copy for Patient (if not detrimental) + Copy for Safeguarding Adult Lead 17 Appendix 4 Strictly Private and Confidential Safeguarding Adults – Statement from Health Care Professional (HCP) (This section should not be provided to the patient) Notes to the health care professional This form should only be used in conjunction with the Safeguarding Adults Policy. There is common Law ‘Duty of Confidence’, where a person has a right to expect information given in confidence to be kept confidential by the person receiving the information. However, the ‘Duty of Confidence’ is not absolute and disclosure can be justified without consent in certain circumstances:a) If it is in the public interest to disclose the information b) If a Court orders the disclosure or there is another legal obligation to disclose When deciding on disclosing information without the consent of the person, the disclosure would have to be proportionate to the need to protect the vulnerable adult. If there is doubt whether to disclose such information, the person wishing to share the information should obtain advice from their departmental manager and their legal advisors if required. If there are concerns regarding a persons mental capacity, a decision to make a safeguarding referral in their best interest, can be made. If further assessment around mental capacity is needed this can be undertaken later in the safeguarding process. Justification from Health Care Professional, for sharing information without consent. (* please circle as appropriate) * a) the patient’s consent was refused, but that the HCP feels that an alert (SET SAF1 form) should nevertheless be submitted for the following reason(s) ………………………………………………………………………………………… ………………………………………………………………………………………… ……………… OR * b) the patient was not asked for their consent because the HCP felt that such a request could further jeopardise the patient’s circumstances as outlined below. ………………………………………………………………………………………… ………………………………………………………………………………………… OR 18 *c) It is not certain if the person has the mental capacity to give consent to information sharing regarding a safeguarding alert, so information is being shared in their best interests. Healthcare Profession details Name Job title Contact details Signed: ………………………………………………Date ……………………… NB. This form needs to be retained in the Patients record (not if hand held notes) + Copy for Safeguarding Adult Lead 19 Appendix 5 Domestic Abuse: A directory of services for Essex. May 2011 20 Contents This directory gives professionals information and contact details of organisations offering support to victims of domestic abuse and services available to perpetrators. Introduction What is the aim of this directory? How does this directory work? Language What is domestic abuse? What causes domestic abuse? Why don’t victims leave? Who is responsible for the abuse? The impact of domestic abuse Safety plans 3 3 3 4 5 5 5 5 6 Information Female victims Male victims Lesbian, gay, bisexual and transgender victims Black and minority ethnic groups Sexual abuse survivors Counselling, support and advice Social Care Essex Safeguarding Boards Children and young people Pets Male perpetrators Essex Police Essex Probation Health Services Drug and alcohol services Money and Benefits Housing Local district and borough councils Multi Agency Risk Assessment Conferences Independent Domestic Violence Advisor service 21 7 8 8 9 11 11 11 12 12 13 13 14 15 16 18 18 19 20 20 21 What is the aim of the directory? The aim of the directory is to: Develop awareness of the nature, extent and impact of domestic abuse. Develop awareness of the principles of responding to domestic abuse. Improve local communication and multi agency working. Share information on services that will help practitioners assist those who are experiencing domestic abuse. Share information on services available to perpetrators of domestic abuse. How does this directory work? There are a large number of agencies/ organisations, which can help victims of domestic abuse. This directory contains details of organisations that can offer help with particular problems. Details include phone numbers and websites and a brief description of how that organisation could help. Your local council may have also produced a directory which gives more details on local agencies/ organisations which may be able to help. If you would like any more information about the domestic abuse services delivered in Essex, please contact the County Domestic Abuse Co-ordinator – Michelle Williams- email Michelle.Williams@essex.gov.uk 07879116357. Language The term “domestic violence” is still used widely by agencies but this document uses the term “domestic abuse” where possible, to accurately reflect the fact that it encompasses many forms of abuse, violence and threats. There is a choice of term for those adversely affected by domestic abuse namely “victim” or “survivor”. Some agencies find the term victim demeaning and prefer to use the term “survivor” as they feel it better reflects the experiences of these individuals. The terms may be used intermittently. The document adopts where possible gender neutral language concerning victims/survivors and perpetrators of domestic abuse. However, when gendered language is used it is to reflect local and national prevalence data which shows the majority of domestic abuse incidents involve male perpetrators and female victims. 22 What is ‘Domestic abuse’? The Government defines domestic abuse as ‘Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality.’ This incorporates issues such as so called honour based violence, forced marriage and female genital mutilation. Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in laws or stepfamily. An adult is defined as any person aged 18 years or over. All forms of domestic abuse - psychological, economic, emotional and physical - come from the abuser's desire for power and control over other family members or intimate partners. Although every situation is unique, there are common factors involved. Examples of these behaviours are: Psychological / emotional abuse – intimidation and threats (e.g. about children or family pets), social isolation, verbal abuse, humiliation, constant criticism, enforced trivial routines; Physical violence – slapping, pushing, kicking, stabbing, damage to property or items of sentimental value, attempted murder or murder; Physical restriction of freedom – controlling who the victim or child/ren see or where they go, what they wear or do, stalking, imprisonment, forced marriage; Sexual violence – any non-consensual sexual activity, including rape, sexual assault, coercive sexual activity or refusing safer sex; and Financial abuse – stealing, depriving or taking control of money, running up debts, withholding benefits or bank cards. Anyone can be a victim of domestic abuse and it happens in all communities to people from all backgrounds. Figures show that most domestic abuse happens from men to women: however, abuse happens in all relationships, including from women to men, and between same sex partners. It also happens between family members. a) Whilst this definition does not include children, domestic abuse affects children adversely and there is evidence that domestic abuse often occurs alongside child and animal abuse within families. Child abuse can therefore be an indicator of domestic abuse in the family and vice versa. b) Victims with physical, mental and learning disabilities may have special difficulties in seeking help. 23 What causes domestic abuse? Abusers choose to behave violently to get what they want and gain control. Their behaviour often originates from a sense of entitlement which is often supported by sexist, racist, homophobic and other discriminatory attitudes. Contrary to popular belief, alcohol, drugs or stress does not cause violence. Alcohol and drugs may make violent behaviour worse, but the responsibility for the abuse always lies with the perpetrator. Victims/Survivors themselves may blame the abuse on alcohol, drugs or stress because it may be easier to do this than to accept that someone they love could be choosing to hurt them. Why don’t victims leave? Staying in a relationship may seem like a high risk strategy, however leaving the relationship will not guarantee that the abuse will stop. Leaving a relationship is often the most dangerous time for a victim and the children, with many perpetrators threatening to kill their partners, children or pets if they leave. Other reasons why victims do not leave the relationship are detailed below: Fear of retaliation Financial dependency Isolation, lack of social or family support network Low self esteem, Love and emotional dependency Social stigma Beliefs about marriage Children Caring responsibilities Personal belongings Who is responsible for the abuse? The abuser is responsible. They do not have to use abuse. They can choose, instead, to behave non-violently and foster a relationship built on trust, honesty, and respect. The impact of domestic abuse Victims may be affected by domestic abuse in a number of ways: 24 loss of opportunity isolation from family/friends loss of income or work homelessness emotional/psychological effects such as experiences of anxiety, depression or lowered sense of self-worth poor health physical injury or ongoing impairment death The effects of domestic abuse on victims include the direct effects on them and their relationships with other people, particularly their children. Victims need to have accessible options and be supported to make safe changes for themselves and their children. Resources and support they will need to leave safely include: money, housing, help with moving, transport, ongoing protection from the Police, legal support to protect themselves and the children, a guaranteed income and emotional support. If a victim is not sure if these are available to them, this may also prevent them from leaving. Access to culturally specific or specialised support is also an important consideration for victims from ethnic minorities, LGBT, disabled, asylum seekers and those with an insecure immigration status. These victims often face additional barriers to seeking help in the first place such as physical barriers, language, poverty and discrimination. Safety Plans Safety planning can take place whether or not the survivor is still living with or in a relationship with the perpetrator. Because of the risks involved in separation safety planning will usually need to increase in strength and intensity around and after separation. It is crucial that separation is not seen as the only or essential element in safety planning. Survivors of domestic abuse and children will almost always have developed their own safety strategies, and all immediate and subsequent assessments of the risk to these individuals should include assessing the strategies they currently use or have thought of. Practitioners should always consult with specialist agencies, when developing safety plans with victims. Plans could include: A safe place where you can make a phone call, or stay away from the abuser. Having a mobile phone that you can always have with you, with credit on it. If it is safe for you to do so, carry a list of emergency numbers with you, or have them saved on your phone. 25 If you leave, and you have time and it is safe to do so, try to take the following with you: Passport for you (and your children), birth certificates, immigration papers, driving licence, welfare benefits information, marriage certificate. Keys: home, care and work. Money. Prescribed medication. Clothes for you and the children. Any items of sentimental value. If you/they do not feel safe leaving, or planning to leave, this does not mean that you/they are choosing to be abused. Often, staying can feel the safest, or only, option. Female Victims Women’s Aid provides emergency accommodation, advice and help for women suffering domestic abuse, and their children. Refuges offer emergency and temporary accommodation, advocacy and support to women escaping abuse. Refuges are fully furnished and equipped and all a victim would need to bring is personal belongings. Many Women’s Aid also offer drop in centres for counselling and emotional support, legal, housing and benefits advice. The National Women’s Aid 24hr free helpline keeps an up to date list of all refuge accommodation across the county, and can be contacted 24 hours a day. If they have space any refuge across the UK may accept a woman fleeing domestic abuse. For more information about refuges please see: www.womensaid.org.uk/virtualrefuge/ National Women’s Aid 24hr free helpline 0808 2000 247 www.womensaid.org.uk Basildon Women’s Aid 01268 581591 www.basildonwa.org Braintree Women’s Aid 01376 321720 www.bwaid.co.uk Chelmsford Women’s Aid 01245 493114 www.chelmsfordwa.co.uk Colchester & Tendring Women’s Aid 01206 500585 www.colchesterrefuge.org.uk 26 Safer PlacesDomestic abuse victim support (Formerly Harlow Womens Aid and covering Southend) 08450177668 www.saferplaces.co.uk Thurrock Women’s Aid 01375 845899 www.thurrock-wa.org Male Victims Safer Places08450177668 Domestic abuse victim support Offering outreach support services to male victims. www.saferplaces.co.uk MALE (Men’s Advice 0808 801 0327 www.mensadviceline.org.uk Line and Enquiries) The Men's Advice Line is a confidential helpline for all men experiencing domestic violence by a current or ex-partner. This includes all men - in heterosexual or same sex relationships. The Men's Advice Line offers emotional support, practical advice and information on a wide range of services for further help and support. New Paths 07938 611046 www.newpaths.org.uk New Paths is focused on male victims of domestic abuse. The organisation has a drop in centre and a team of life coaches, therapists and advisors. Survivors UK 0845 122 1201 www.survivorsuk.org Help for men who have been sexually abused or raped. Lesbian, Gay, Bisexual, Transgender (LGBT) Victims Support for lesbian, gay, bisexual and transgender (LGBT) people experiencing domestic abuse. Broken Rainbow 08452 604460 www.brokenrainbow.org.uk Colchester Gay Switchboard 01206 869191 www.gayessex.org.uk Essex Gay Men 01245 250256 www.essexgaymen.org.uk 27 Black & Minority Ethnic (BME) groups Anyone can be a victim of domestic abuse regardless of race or religion. As a BME individual the other services listed in this directory are available, however there are sometimes specific cultural issues where particular agencies may have a better understanding of individual needs. Asylum Aid 0207 354 9264 www.asylumaid.org.uk Provides free legal representation and advice to asylum seekers and refugees. It aims to enable women fleeing serious human rights violations gain protection in the UK. Chinese Information 0207 462 1281 www.ciac.co.uk and Advice Centre Confidential support for Chinese women who are victims of domestic abuse on a range of issues. The specially trained bilingual female volunteers speak English, Mandarin and Cantonese. Forced Marriage Unit 0207 008 1500 www.fco.gov.uk The Forced marriage unit gives advice and assistance to people who fear they are going to be forced into a marriage abroad, fear for a friend /relative who has been taken abroad and may be forced into a marriage or have been forced into a marriage and do not want to support their spouse’s visa application. All practitioners should always refer to Multi-Agency Practice Guidelines: Handling Cases of Forced marriage (HM Government 2009) for guidance on their response, which is available free to download or order from: www.fco.gov.uk Jewish Women’s Aid 0800 59 1203 www.jwa.org.uk Jewish Women’s Aid is an organisation run by Jewish women for Jewish women and children who have been subjected to domestic abuse. They offer a range of support and information for victims. www.karmanirvana.org.uk Honour Network 0800 5999 247 The honour network helpline is a confidential helpline providing emotional and practical support and advice for victims and survivors (male & female) or forced marriage and/or honour based abuse. Multikulti www.multikulti.org.uk Information, advice, guidance and learning materials in community languages. Newham Asian 020 8552 5524 www.nawp.org Women’s Project The group offers support and advice for Asian women and children experiencing domestic abuse. Although they are based in London they can offer help over the phone. 28 Southall Black 020 8571 www.southallblacksisters.org.uk Sisters 9595 Southall Black Sisters provide information, advice, advocacy, practical help, counselling and support to Asian and African-Caribbean women and children experiencing domestic abuse and sexual abuse (including marriage and honour crimes). Survivors of sexual violence and abuse Sexual violence includes a range of different behaviours, many of which such as sexual assault or rape, regardless of the relationship they take place in - are crimes. Sexual abuse and violence can happen to anyone, and in most cases the victim knows the person who has assaulted them. This can be a partner or ex-partner, friend or family member. Sexual abuse is often a component of domestic abuse- for example, partners and former partners may use force, threats of intimidation to engage in sexual activity: they may taunt or use degrading treatment related to sexuality, force the use of pornography, or force their partners to have sex with other people. Whether someone has recently been assaulted, or the abuse happened a long time ago, the following agencies can help. You can also speak to the domestic abuse agencies listed elsewhere in this booklet. Centre for Action on Rape and Abuse (CARA) 01206 769795 www.caraessex.o South East Essex Rape and Incest Crisis line 01375 380609 www.thurrockcommunity.org.uk/sericc National Association for people abused in Childhood 0800 085 3330 www.napac.org.uk Rape Crisis 0808 802 9999 www.rapecrisis.org.uk rg.uk Oakwood Place- will be a dedicated centre for men, women and children who have experienced sexual assault. Further information will be added in the near future. Counselling, support and advice 29 Citizens Advice www.citizensadvice.org.uk Bureau Citizens Advice Bureau offer advice and information about all subjects including issues such as housing, family law, child support agency and benefits. All the services are free, confidential and independent. National Centre for 0844 8044 999 Domestic Violence Can help with getting an injunction www.ncdv.org.uk Rights of Women 0207 251 6577 www.rightsofwomen.org.uk Rights of Women is a women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights. Samaritans 08457 90 90 90 www.samaritans.org.uk Samaritans provides confidential emotional support, 24 hours a day for people who are experiencing feelings of distress or despair, including those that may lead to suicide. Victim Support 0845 45 65 995 www.victimsupport.org.uk Offers free confidential support to anyone, whether or not the crime has been reported to the police. Social care Social Care provides help and advice on adopting and fostering, safeguarding vulnerable children, and the youth offending service. Also help and advice for people over the age of 18 who may need support as a result of age, disability or learning difficulties. If you believe you or someone else is in danger or that a crime has been committed, your first step should be to alert the emergency services by dialling 999. Social Care (children) 0845 603 7634 & 0845 606 1212 (out of hours) www.essexcc.gov.uk Social Care (Adults Essex) 0845 603 7634 & 0845 606 1212 (out of hours) www.essexcc.gov.uk Social Care (Adults Thurrock) 01375 366 083 & 01375 372 468 (out of hours) www.thurrock.gov.uk Social Care (Adults Southend) 01702 215008 & 0845 606 1212 (out of hours) www.southend.gov.uk ASKSAL 0845 666663 30 www.asksal.org.uk SAL stands for Safeguarding Adults Line. Essex Safeguarding Childrens Board & Essex Safeguarding Adults Board The term ‘safeguarding’ can apply to both adults and children and is about protecting them, preventing their abuse or neglect and educating those around them to recognise the signs and dangers. Abuse can be physical, emotional or psychological, sexual or financial. The Essex Safeguarding Childrens Board (ESCB) is a statutory multi agency organisation which brings together agencies who work to safeguard and promote the welfare of children and young people in Essex. The Essex Safeguarding Adults Board (ESAB) raises awareness and promotes the welfare of vulnerable adults by the development of an effective co-operative. This section of the website provides access to a downloadable version of the multi-agency child protection procedures for Southend, Essex and Thurrock the SET Procedures. ESAB in conjunction with Southend & Thurrock Safeguarding Adult Boards have produced the full SET safeguarding adult guidelines December 2010 www.escb.co.uk microsites.essexcc.gov.uk Children and Young People The majority of children witness the abuse that is occurring and in about half of all domestic abuse situations, they are also being directly abused themselves. Children can “witness domestic abuse” in a variety of ways. For example, they may be in the same room and may even get caught in the middle of an incident in an effort to make the abuse stop; they may be in the room next door and hear the abuse or see the victim’s physical injuries following an incident of abuse; they may be forced to stay in one room or may not be allowed to play; they may be forced to witness sexual abuse or they may be forced to take part in verbally abusing the victim. All children witnessing domestic abuse are being emotionally abused. Children can experience both short and long term cognitive, behavioural and emotional effects. It is important to remember that each child will respond to the trauma differently and some may be resilient and not exhibit any negative effects. It is equally important to remember that the common effects experienced by children can also be caused by something other than witnessing domestic abuse and therefore a thorough assessment of a child’s situation is vital to ensure appropriate treatment. Children are individuals and may respond to witnessing abuse in different ways, some of these are: 31 anxiety or depression difficulty sleeping or wetting their bed easily startled physical symptoms such as tummy aches behaving as though they are much younger problems with school aggression or withdrawn lowered sense of self-worth truanting or start using alcohol or drugs self-harming eating disorders Children may also feel angry, guilty, insecure, alone, frightened, powerless or confused. They may have ambivalent feelings towards the abuser and the non-abusing parent. www.thehideout.org.uk A website specifically designed for children and young people who are experiencing domestic abuse. Childline 0800 111 www.childline.org A 24 free confidential helpline for children and young people. NSPCC 0808 800 5000 www.nspcc.org.uk A 24 free confidential helpline for children and young people. Get Connected 0808 808 4994 www.getconnected.org.uk/charity (everyday 111pm, freephone) For older children and young adults (16-25 years old), Get Connected offers free, confidential advice. thisisabuse.direct.gov.uk A website with information about teenage relationship abuse Young Minds 0808 802 5544 www.youngminds.org.uk The charity provides information that helps children and young people cope with difficult feelings Pets The Dogs Trust 0207 837 0006 www.dogstrust.org.uk Temporary pet care for women fleeing domestic abuse. RSPCA 0870 333 5999 www.rspca.org.uk Local RSPCA shelters may be able to give guidance on local temporary pet 32 care. Perpetrators of domestic abuse Abusers may blame their behaviour on alcohol, drugs, anger, stress or money worries, but these are only excuses - they abuse in order to have power over their victim. If you know someone who you think may be abusing their partner or family member, or if you are worried about your own behaviour, you can chose to stop, and there are agencies to support you to change. Unless someone takes responsibility for their behaviour, they are not likely to change. Anger management programmes are never appropriate for someone who is a domestic abuser. People perpetrate abuse in order to get what they want and to gain control. Couple counseling is never ok or safe for a couple in which one partner is abusing the other. It is dangerous to force the victim to talk about the relationship in front of the abuser, and also suggests to both partners they must take equal responsibility, which is wrong. Only the abuser is responsible for their behaviour and for choosing to stop. Respect is a registered charity and national membership organisation promoting best practice for domestic abuse perpetrator programmes and associated support services in the UK. It provides a helpline for men who commit domestic abuse, and for people concerned for someone they know who they think is abusive. Respect 0845 122 8609 www.respectphoneline.org.uk (Mon, Tue, Wed, Fri 10am-1pm and 25pm) Essex change is a project in the community for men who want to change their abusive behaviours. Essex Change 01245 258680 www.essexchange.org Essex Police Domestic abuse is a crime that Essex Police take seriously. Essex Police will deal promptly and positively with any domestic incident that they are called to attend. Where it is possible, the person who is responsible for the abuse will be arrested. Officers will try to take action that will protect the victim from further abuse. Essex Police have domestic abuse officers who can give 33 advice. They work closely with other agencies such as Women’s Aid, Victim Support and Housing in order to get the victim the support they need. In an emergency dial 999 Non emergency enquiries 0300 333 4444 www.essex.police.uk Essex Police – Domestic Abuse Harlow, Epping and Brentwood Colchester Tendring Uttlesford & Halstead Chelmsford and Maldon Braintree and Witham Basildon 01279 625431 Rayleigh, Castle Point and Southend Thurrock 01702 423151 01206 717834 01255 254078 01376 556223 01245 490840 01376 556223 01268 244092 01375 391212 Essex Probation Essex Probation work with offenders at most stages in the criminal justice process, and deliver the accredited Integrated Domestic Abuse Programme (IDAP) for men convicted of a domestic abuse related offence. An important feature of the programme ensures victims/ current partners of men attending the programme have been introduced to a Women’s Safety Worker. There is a victim unit that provides support to victims of certain offenders. Essex Probation Headquarters (Witham) West Essex Local Delivery Unit Mid Essex Local Delivery Unit North East Essex Local Delivery Unit South Essex Local Delivery Unit South Essex and Southend Local Delivery Unit 01376 501626 01279 410692 01245 287154 01206 768342 01268 412241 01702 337998 34 www.essex.probation.org.uk Thurrock Local Delivery Unit 01375 382285 Health Services Domestic abuse can often have negative effects on the physical and emotional health on victims and their families. In particular pregnant women are often especially vulnerable to domestic abuse. If a victim requires medical attention, then they should call 999 immediately for an ambulance. NHS direct 0845 4647 www.nhsdirect.nhs.uk NHS direct operates a 24 hour advice and health information service, providing confidential information on; what to do if you or your family is feeling ill. www.nhs.uk You can get information about a range of health issues and search for a local doctor, dentist, chemist, optician or hospital. Your local Primary Care Trust (PCT) can provide you with information on healthy living and looking after yourself and your family as well as links to the many different local health services that are available: Mid Essex PCT North East Essex PCT South East Essex PCT South West Essex PCT West Essex PCT 01245 398770 01206 286510 www.midessexpct.nhs.uk www.northeastessexpct.nhs.uk 01702 224600 www.see-pct.nhs.uk 01268 705000 www.swessexpct.nhs.uk 01992 566140 www.westessexpct.nhs.uk The following hospitals have an Accident and Emergency department: Basildon & Thurrock University Hospitals NHS Foundation Trust (Basildon) Essex Rivers Healthcare NHS Trust (Colchester) Mid Essex Hospital Services NHS Trust (Chelmsford) Southend Hospital NHS Trust Princess Alexandra Hospital NHS Trust (Harlow) 01268 524900 or 0845 1553111 www.basildonandthurrock.nhs.uk 01206 747474 www.essexrivers.nhs.uk 01245 443673 www.meht.nhs.uk 01702 435555 www.southend.nhs.uk 01279 444455 www.pah.nhs.uk 35 Mental health services in Essex are provided by the NHS in partnership with Essex County Council and with support from voluntary and independent organisations. Services are accessed through a GP. For mental health services available locally contact: Contact Essex North Essex Mental Health Partnership NHS Trust South Essex Partnership University NHS Foundation Trust (SEPT) NERIL (North Essex Resource and Information Line for mental health) 0845 6037630 01279 827268 – if you live in Harlow, Epping Forest or Uttlesford; 01376 308100 – if you live in Chelmsford, Maldon or Braintree; 01206 287303 – if you live in Colchester or Tendring. 0300 123 0808 contactessex@essex.gov.uk www.nemhpt.nhs.uk www.sept.nhs.uk 0845 0900 909 MIND 0300 123 3393 www.mind.org.uk The MIND infoline offers callers confidential help on a range of mental health issues. Together- for mental wellbeing 020 7780 7300 www.together-uk.org Rethink 0845 4560455 www.rethink.org Young Minds 0808 8025544 www.youngminds.org.uk Drug & Alcohol Services Over 18- Choices, provided by Open 0844 499 1323 36 www.openroad.org.uk Road Under 18- 01245 493311 www.childrenssociety.org.uk Specialist Children & Young Peoples Drug & Alcohol Service (EYPDAS) Alcoholics Anonymous 0845 769 7555 www.alcoholicsanonymous.org.uk Information for those seeking help with a drink problem Talk to Frank 0800 776 600 www.talktofrank.com A national advice service for young people about drugs and alcohol Money and benefits Many abusers use money to gain control. This may mean that they take control of money and benefits and do not allow their partner or family to have any money. They may create debts in the victim’s name or force them to take out loans or credit cards. Whether or not someone has experienced economic abuse they may have money worries if they are considering leaving. The national charity Refuge has developed a leaflet called: You can afford to leave Essex Benefits Helpline 01245 434205 www.essex.gov.uk/BusinessPartners This is a helpline for Essex County Council staff and members and advisers in voluntary sector and external agencies. Housing (main switchboard) If a victim of domestic abuse is homeless or threatened homeless due to domestic abuse or the threat of domestic abuse, the local council may be under an obligation to help. Enquires should be made to the local housing advice service regarding the options available. If the abuser has left and someone wishes to remain in their home, but are fearful because of security and safety issues, a local Sanctuary Scheme may operate in their area. They provide additional security measures and support to victims of domestic abuse. Enquires should be made to the local district or Borough Council. 37 Basildon District Council Braintree District Council Brentwood Borough Council Castle Point Borough Council Chelmsford Borough Council Colchester Borough Council Epping Forest District Council Harlow District Council Maldon District Council Rochford District Council Southend Borough Council Tendring District Council Thurrock Council 01268 533333 www.basildon.gov.uk 01376 552525 www.braintree.gov.uk 01277 312500 www.brentwood.gov.uk 01268 882200 www.castlepoint.gov.uk 01245 606606 www.chelmsford.gov.uk 01206 282222 www.colchester.gov.uk 01992 564000 www.eppingforest.gov.uk 01279 446655 www.harlow.gov.uk 01621 854477 www.maldon.gov.uk 01702 546366 www.rochford.gov.uk 01702 215000 www.southend.gov.uk 01255 686868 www.tendringdc.gov.uk/TendringDC 01375 652652 http://www.thurrock.gov.uk/ Uttlesford District Council 01799 510510 www.uttlesford.gov.uk Shelter 0808 800 4444 england.shelter.org.uk The housing and homelessness charity. Local Councils (main switchboard) Community Safety Partnerships (CSP) have a central role to play in ensuring delivery of appropriate and effective services to victims and to hold perpetrators accountable at a local level. CSPs are a combination of police, local authorities, health and other statutory and voluntary organisations. For more information please contact your local council. Basildon District Council Braintree District Council Brentwood Borough Council Castle Point Borough Council 01268 533333 www.basildon.gov.uk 01376 552525 www.braintree.gov.uk 01277 312500 www.brentwood.gov.uk 01268 882200 www.castlepoint.gov.uk 38 Chelmsford Borough Council Colchester Borough Council Epping Forest District Council Harlow District Council Maldon District Council Rochford District Council Southend Borough Council Tendring District Council Thurrock Council Uttlesford District Council 01245 606606 www.chelmsford.gov.uk 01206 282222 www.colchester.gov.uk 01992 564000 www.eppingforestdc.gov.uk 01279 446655 www.harlow.gov.uk 01621 854477 www.maldon.gov.uk 01702 546366 www.rochford.gov.uk 01702 215000 www.southend.gov.uk 01255 686868 www.tendringdc.gov.uk 01375 652652 01799 510510 www.thurrock.gov.uk www.uttlesford.gov.uk Multi Agency Risk Assessment Conferences (MARAC) MARAC is a victim focused process in which the needs of the victims in domestic abuse cases and the risks posed by the perpetrator are considered in a multiagency forum and a joint safety plan is constructed around the individual. The purpose of MARAC is to: Share relevant information to increase the safety, health and well being of victims – adults and their children; Determine whether the perpetrator poses a significant risk to any particular individual or to the general community; Construct jointly and implement a risk management plan that provides professional support to all those at risk and that reduces the risk of harm; Reduce repeat victimisation; Improve agency accountability; and Improve support for staff involved in high risk domestic abuse cases There are six MARAC operating across the county, these mirror the Health Trust and Probation boundaries and match the areas operated under the MAPPA process. The aim is to protect the highest risk victims and their children. DASH (Domestic Abuse, Stalking, harassment and Honour based violence) 2009 risk assessment model provides a national, accredited risk assessment process which can be used by any agency. The purpose is to give a consistent and practical tool to practitioners working with victims of domestic abuse to help them identify those who are at high risk of harm and whose 39 cases should be referred to a MARAC meeting - in order to manage the risk. Additional information is available at www.dashriskchecklist.co.uk and www.caada.org.uk MARAC updates and enquiries 01245-452921 MARACESSEX@essex.pnn.police.uk Independent Domestic Violence Advisor Service (IDVA) IDVAs are trained specialists who provide a service to victims who are at high risk of harm from intimate partners, ex-partners or family members, with the aim of securing their safety and the safety of their children. Serving as a victim’s primary point of contact, IDVAs normally work with their clients from the point of crisis, to assess the level of risk, discuss the range of suitable options and develop safety plans. IDVAs will represent their clients at the Multi Agency Risk Assessment Conference (MARAC) and help implement safety plans which will include actions from the MARAC as well as sanctions and remedies available through the criminal and civil courts, housing options and services available through other organisations. In Essex the IDVAs work with high risk victims that are going through the criminal justice system and referrals are received from the police. For additional information please contact 01277 357559 sophie.bartlett@victimsupport.org.uk 40 Appendix 6 Multi-agency practice of Forced Marriage SUMMARY GUIDELINES FOR HEALTH PROFESSIONALS DEALING WITH CASES OF FORCED MARRIAGE JUNE 2009. Please note this is a summary only for Health Professionals from MULTIAGENCY PRACTICE GUIDELINES: HANDLING CASES OF FORCED MARRIAGE June 2009. H M GOVERNMENT. 1. Introduction In line with other publications for health professionals on domestic abuse, this guidance focuses mainly on women’s needs and not men’s. This is because 85% of those seeking help concerning forced marriage are women and the consequences for women are different than those for men. Women trapped in a forced marriage often experience violence, rape, forced pregnancy and forced childbearing. Many girls and young women are withdrawn from education early. Some are taken and left abroad for extended periods, which isolates them from help and support – this limits their choices so that often they go through with the marriage as the only option. Their interrupted education limits their career choices. Even if women manage to find work, however basic, they may prevented from taking the job or their earnings may be taken from them. This leads to economic dependence, which makes the possibility of leaving the situation even more difficult. Some may be unable to leave the house unescorted – living virtually under house arrest. Many women are the main carers at home and the abuse they suffer can have a devastating impact on their children. Although this chapter focuses on women, much of the guidance applies to men facing forced marriage – and men should be given the same assistance and respect when they seek help. 2. How health professionals can make a difference The Health Service should aim to create an “open environment” where forced marriage can be discussed openly and where women and young people know that they will be listened to and their concerns taken seriously. Helping young women and men who may be threatened by forced marriage should be part of ensuring all services and departments within the health service are “teenager friendly”. This involves reassurance about confidentiality and providing appointment slots during school lunchtimes etc. This would enable young people to visit unaccompanied if they wish and increase the opportunities they have to discuss any worries. Many women may assume that health professionals cannot help them. For this reason, it is unlikely that a woman will present to a health professional as a victim of forced marriage. Although, if a health professional is aware of forced marriage and the ways in which women can be helped, they are in an ideal position to provide early and effective intervention. They can offer practical help by providing information about rights and choices. They can also assist women by referring them on to 41 the police, social care services, support groups, counselling services, and black and minority ethnic women’s groups. There will be occasions when a woman does not mention forced marriage or domestic violence but presents with signs or symptoms, which, if recognised, may indicate to the health professional that she is within a forced marriage or under threat of one .She may have unexplained injuries, be depressed, anxious or self-harming. Some women may attend for a completely different reason and mention in passing that there are “family problems”; with careful questioning she may disclose more. There are many different ways a woman may come to the attention of health professionals. For example, she may present to: Accident and emergency (A&E) departments, rape crisis centres or genito-urinary clinics with injuries consistent with rape or other forms of violence Dental surgeries with facial injuries consistent with domestic abuse Mental health services, counselling services, school nurses, health visitors, A&E or her GP, with depression as a result of forced marriage. She may display self-harming behaviour such as anorexia, cutting, substance misuse or attempted suicide Family planning clinics or her GP for advice on contraception or a termination as many women do not want a baby within a forced marriage Midwifery services if she does become pregnant. An interview with a health professional may be the only opportunity some women have to tell anyone what is happening to them. To prevent this type of domestic abuse it is imperative that health professionals are prepared to use these limited opportunities to openly discuss the issues around forced marriage. This guidance is intended to help all health professionals recognise the warning signs of forced marriage, understand the danger faced by women and respond to their needs efficiently and effectively. Many health professionals have to make difficult decisions when a woman presents with issues around forced marriage – particularly when a woman presents “early” before any crime has been committed or before she is confident enough to articulate forced marriage as a risk. These dilemmas are recognised and this document aims to address these together with some of the practical ways in which health professionals can help women facing forced marriage. 42 3. How to use routine and opportunistic enquiries to recognise cases As with all types of domestic abuse, women under threat of forced marriage, or already in a forced marriage, present to health professionals in many different ways. Therefore, health professionals should take a proactive role to establish whether forced marriage is an issue. Some health professionals ask women about domestic abuse routinely when taking their social history – this is often the case for midwives, health visitors and staff carrying out mental health assessments. It may be useful to incorporate forced marriage into the routine questions about domestic abuse. Most women will not be offended by such questions as long as they know the questions are routine. Suggested methods of routine enquiry include; “Because abuse or violence is so common in women’s lives, we now ask routinely about abuse in relationships so that we can give all women information about agencies that can help” “How is your relationship?” “Are you happy about the baby – is your husband/ partner happy?” “Are you bonding with your baby?” “Does your partner or family let you do what you want, when you want?” •“Have you ever been afraid of your partner’s or a family member’s behaviour - are they verbally abusive?” “Do you ever feel unsafe at home?” “Has your husband/partner or anyone else at home threatened you?” Depending on the response a health professional receives, they may go on to ask: “Have you ever been hurt by your partner or anyone else at home – perhaps slapped, kicked or punched?” “Have you ever been forced to have sex when you didn’t want to?” These routine questions can be tailored to any department within the health service to reflect the types of issues with which women may present. For 43 example, in a child and adolescent mental health service, or any department where children or young people attend, the questions may focus on the family relationship – such as: “How are things at home – do you get on with your parents “Are your parents supportive of your aspirations – what do they hope for you?” “Do your parents have similar aspirations for all your brothers and sisters?” “Apart from school, do you get out much?” “What do you do at weekends?” Again, depending on the answer, the health professional may go on to ask more in-depth questions. For example around gender roles within the family or questions around the marriage of older siblings and the circumstances of those marriages. 4. How to create opportunities to make enquiries Some health professionals have more opportunities, or are able to create opportunities, to see a woman on her own. These include health visitors, midwives, GPs, practice nurses, school nurses, mental health staff and professionals in family planning clinics, genitourinary clinics and rape crisis centres etc. If there are concerns that forced marriage is an issue, the health professional might ask questions about family life and whether the woman faces restrictions at home. Some women trapped within a forced marriage have severe restrictions placed on them either by their husband or extended family. Some women find themselves under “house arrest”, facing severe financial restrictions. Others are not allowed out of the house unaccompanied – they may frequently be accompanied to appointments. If they are not accompanied it may be one of the few opportunities a woman gets to tell someone what is happening to her. There are all sorts of questions a health professional could ask to establish whether a woman is trapped in a forced marriage. These include: “How are things at home?” “Do you get out much?” “Can you choose what you want to do and when you want to do it – such as seeing friends, working or maybe studying?” “Do you have friends or family locally who can provide support?” 44 “Is your family supportive?” Some health professionals may be concerned that a woman is under threat of a forced marriage because they are exhibiting some of the behaviours (refer to the chart of potential warning signs or indicators sections 2.7 & 2.9). They may be isolated, depressed, withdrawn, misusing alcohol and drugs (prescribed or non-prescribed), or have unexplained injuries. In these cases, it may be opportunistic questioning that encourages a woman to disclose forced marriage. Even if she does not disclose anything the first time forced marriage is raised, it shows that you understand the issues and it may give her confidence to disclose at a later date. Remember: Some women may not wish to speak to a health professional from their own community. Always speak to a woman on her own even if she is accompanied. If the woman needs an interpreter, never use family members or friends. You should always use an accredited interpreter. Some women may be more likely to disclose forced marriage when a telephone interpreting service is used, as they can speak to the interpreter without giving their name or details. 5. What to do when a woman discloses that she has been, or is about to be forced to marry If a health professional does elicit information that suggests a woman is facing a forced marriage, they should use careful questioning to establish the full facts and decide on the level of response required. This may be to offer advice and provide them with information about specialist advice services. However, there may be occasions when the level of concern, or the imminence of the marriage, is such that it becomes a child or vulnerable adult protection issue – in these cases the appropriate adult or child protection procedures will need to be followed. What you should do: Maintain accurate records of what has been said and done. Consider whether a communication specialist is needed if the woman or young person is deaf, visually impaired or has learning disabilities Refer them, with their consent, to appropriate local and national support groups, counselling services and women’s groups that have a history of working with survivors of domestic abuse and forced marriage In accordance with local policy, discuss your concerns with your line manager and/or the Safeguarding Vulnerable Adults immediately. 45 What you should not do: ignore what she has told you or dismiss the need for immediate protection Contact the family in advance of any enquiries by the police, adult or children’s social care or the Forced Marriage Unit, either by telephone or letter Share information outside child or adult protection information sharing protocols without the express consent of the woman Breach confidentiality except where necessary in order to ensure the woman’s safety Attempt to be a mediator 6. What to do when a woman is under the age of 18 or has children under the age of 18 If the woman is under 18 or has children under 18 and does not want any referral to be made, e.g. to children’s social care, the health professional will need to consider what is in the best interests of the child and whether her wishes should be respected or whether her safety, or that of her children, requires that further action be taken. If you do take action against her wishes, you must inform her. If you have concerns for the safety of a woman under 18 years old, activate local child protection procedures and use existing national and local protocols for multiagency liaison with police and children’s social care. Refer to the local police child protection unit if there is any suspicion that a crime has been, or may be, committed. Liaise with the police if there are concerns about the safety of the woman, her siblings or her children. 7. What to do when a woman is going overseas imminently There may be occasions when a woman tells you she is being taken overseas imminently. There may not be an opportunity to refer her to the police or adult or children’s social care. There may be too little time to develop a safety plan or seek protection for her. In these cases, although you may not be able to gather all the details suggested, try to gather as much information as possible about her, as there may not be another opportunity if she goes overseas. Do not assume that someone else will have collected the information. This information may be vital in assisting the Forced Marriage Unit to locate her and assist her repatriation. Also: Advise her not to travel overseas and discuss the difficulties she may face 46 Refer to the local police domestic violence/child protection team Offer to make an appointment for a future date and discuss with her what you should do if she does not attend Maintain accurate records of what has been said and done REMEMBER: There are legal remedies that children’s social care and other agencies can take to prevent a young woman under the age of 18 from being taken overseas or to assist her return, if she has already gone. These include making her a ward of court or surrendering her passport or passports (if she is a dual national). 8. What to do when a woman has already been forced to marry Devise a safety plan and discuss personal safety advice Speak to her about the options available to her Refer her to the Forced Marriage Unit Refer her to the police if there are concerns that a crime has been committed Refer them, with their consent, to appropriate local and national support groups, counselling services and women’s groups that have a history of working with survivors of domestic abuse and forced marriage If the young woman is under 18 years old refer to section above Maintain accurate records of what has been said and done 9. Confidentiality, referrals and sharing information safely A dilemma may arise because women facing forced marriage may be concerned that if confidentiality is breached and a member of her family finds out that she has sought help she will be in serious danger. On the other hand, women facing forced marriage are often already facing serious danger because of domestic abuse, rape, imprisonment etc. Therefore, confidentiality and information sharing is going to be an extremely important issue for anyone threatened with, or already in, a forced marriage. Health professionals need to be clear about when confidentiality can be offered and when information given in confidence should be shared. In these cases, in order to protect a woman, it may be necessary to share information with other agencies such as the police. 47 Appendix 7 PREVENT 1. Introduction The Government’s anti-terrorism strategy, known as CONTEST, encourages cooperation between public service organisations. The current terrorism threat level to the UK is Substantial - this means that a terrorist attack is a strong possibility. CONTEST has four key principles: PURSUE: to stop terrorists PREVENT: to stop people becoming terrorists or supporting violent extremism. PROTECT: to strengthen our overall protection against terrorist attacks PREPARE: where we cannot stop an attack, to mitigate its impact. The NHS has been identified as a key partner in the Prevent stream. 2. What is Prevent? The aim of Prevent is to stop people from becoming terrorists or supporting violent extremism. The Prevent objectives that relate to health organisations are to: challenge the ideology behind violent extremism and support mainstream voices; disrupt those who promote violent extremism and support the places where they operate; support individuals who are vulnerable to recruitment, or have already been recruited by violent extremists; increase the resilience of communities to violent extremism; and to address the grievances which ideologues are exploiting. Prevent is one of the most challenging parts of the counter terrorism strategy because it operates in the pre-criminal space before any criminal activity has taken place and it is about supporting and protecting those people that might be susceptible to radicalisation, ensuring that individuals and communities have the resilience to resist violent extremism. 3. How does this affect you in your work? Healthcare workers will be the key to the success of Prevent. The focus of Prevent is working with vulnerable individuals who may be at risk of being exploited by radicalisers and subsequently drawn into violent extremism. Prevent does not require you to do anything additional to your normal duties. What is important is that if you are concerned that a vulnerable individual is being exploited by people involved in violent extremism you can raise these concerns. 4. Practical steps for healthcare staff In your work you may notice unusual changes in the behaviour of patients and/or colleagues that are sufficient to cause concern. It is important that any member of staff who has cause for concern, and has given their concerns due consideration, knows how to escalate them and has confidence that they will be taken seriously and handled appropriately and that, where necessary, specialist advice will be available. Contracts of employment, professional codes of conduct and safeguarding frame works such as No Secrets and Every Child Matters require all healthcare staff to exercise a duty of care to patients and, where necessary, take action for safeguarding and crime-prevention purposes. Through Prevent this will include 48 taking preventative action and supporting those individuals who may be at risk of, or are being drawn into, violent extremism. In order to do this you will need to ensure that you: attend any Prevent training and awareness programmes provided by the North Essex cluster are aware of your responsibilities are familiar with the North Essex Cluster’s protocols, policies and procedures are aware of who, within the North Essex Cluster, to contact to discuss your concerns are aware of the processes and support available when you raise a concern 5. What factors might make people vulnerable to exploitation Some of the following factors are known to contribute to the vulnerability of individuals and could out them at risk of exploitation by radicalisers. Identity crisis – adolescents/vulnerable adults exploring issues of identity can feel distant from their family and/or cultural and religious heritage, and uncomfortable with their place in society. Extremists can exploit this by providing a sense of purpose or feeling of belonging Personal crisis – this may include significant tensions within a family that produce a sense of isolation. A sense of personal crisis may manifest itself in unusual changes in areas such as behaviour, circle of friends or interaction with others Personal circumstances – the experience of migration, local tensions or events affecting family members in other countries may lead to alienation and a decision to act violently Unemployment or under-employment – individuals may feel that their aspirations for career and lifestyle are undermined by limited prospects. This may translate to a generalised rejection of civic life and the adoption of violence Any change in an individual’s behaviour should not be viewed in isolation and you will need to consider how significant the changes are. You will need to use your judgement in determining the significance of any unusual behaviour, and where you have concerns you should escalate in line with local policies and procedures. 6. What should I do if I have concerns? In accordance with the Safeguarding Vulnerable Adults Policy, in the first instance you should contact the Safeguarding Vulnerable Adults Lead within your area. This should be done immediately that concerns are raised. A discussion will then take place to determine whether this is a concern that needs to be referred onwards. 49 Appendix 8 FEMALE GENITAL MUTILATION Adapted from SET LSCB PROCEDURES 2011 Definition Female genital mutilation (FGM) is a collective term for illegal procedures which include the removal of part / all external female genitalia for cultural or other nontherapeutic reasons. The practice is not required by any religion and is medically unnecessary, painful and has serious health consequences at the time it is carried out and in later life. The procedure is typically performed on girls of any age, but is also performed on new born infants and on young women before marriage / pregnancy. A number of girls die as a direct result of the procedure, from blood loss or infection. Female genital mutilation may be practised illegally by doctors or traditional health workers in the UK, or girls may be sent abroad for the operation. The Law FGM is illegal in this country by the Female Genital Mutilation Act 2003, except on specific physical and mental health grounds (see www.fco.gov.uk/fgm) It is an offence to: Undertake the operation (except on specific physical or mental health grounds) Assist a girl to mutilate her own genitalia Assist a non-UK person to undertake FGM of a UK national outside the UK (except on specific physical or mental health grounds) Assist a UK national or permanent UK resident to undertake FGM of a UK national outside the UK (except on specific physical or mental health grounds) RECOGNITION Any medical provision for a pregnant woman who has herself been the subject of female genital mutilation provides the opportunity for recognition of risk and preventative work with parents. A child may be considered at risk if it is known older girls in the family have been subject to the procedure. Pre-pubescent girls of 7 to 10 are the main subjects, though the practice has been reported in babies. Suspicions may arise if a family is known to belong to a community in which FGM is practised and are making preparations for the child to take a holiday, arranging vaccinations or planning school absence and the child may refer to a ‘special procedure’ taking place. 50 Indications that FGM may be about to take place include: The family comes from a community that is known to practise FGM A child may talk about a long holiday to her country of origin or another country where the practice is prevalent, including African countries and the Middle East A child may confide to a professional that she is to have a ‘special procedure’ or to attend a special occasion A child may request help from a teacher or another adult Any female child born to a woman who has been subjected to FGM must be considered to be at risk, as must other female children in the extended family Any female child who has a sister who has already undergone FGM must be considered to be at risk, as must other female children in the extended family Indications that FGM may have already occurred include: Prolonged absence from school with noticeable behaviour change on return Bladder and menstrual problems Reluctance to receive medical attention or participate in sport RESPONSE Any suspicion of intended or actual FGM must be referred to Children’s Social Care, in accordance with modules 5 and 6. Children’s Social Care must inform the Police CAIT at the earliest opportunity and convene a strategy meeting /discussion within two working days if: There is suspicion that a girl or young woman, under the age of eighteen, is at risk of undergoing this procedure It is believed that a girl or young woman is at risk of being sent abroad for that purpose or There are indications that a girl or young woman has suffered mutilation or circumcision The strategy meeting / discussion must include discussion around other children in the wider family and household network. A strategy meeting / discussion must include a health professional with knowledge and understanding of FGM i.e. designated nurse/doctor, involved with the family. A legal advisor should be invited or consulted prior to the meeting / discussion about protective options which might be considered. 51 In planning any intervention it is important to be mindful of cultural factors but this should not preclude action being taken to safeguard that child. Careful consideration should be given to the inclusion of workers or members from that community or family members and whether parents are included in this process. Legal proceedings under the Children Act 1989 should be considered. A second strategy meeting / discussion should be held as soon as possible and in any event within 10 working days of the first meeting, with the same chair. Child protection conference A girl believed to be in danger of FGM may be made the subject of a protection plan, under the category of risk of physical abuse, if the criteria are met. 52