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IMPLEMENTATION OF THE NATIONAL STRATEGY TO ADDRESS DOMESTIC ABUSE IN SCOTLAND - PROGRESS REPORT

Introduction

1. A Scottish Partnership on Domestic Abuse was established in November 1998 with a remit to recommend minimum standards and levels of service for women experiencing domestic abuse in order to encourage consistent service delivery throughout Scotland, having particular regard to the needs of women from rural areas, from ethnic minorities and with disabilities and taking into account the impact on children and young people affected. It reported to Ministers with comprehensive recommendations in November 2000 and produced a National Strategy to Address Domestic Abuse in Scotland.

2. The Strategy identifies key areas of work which need to be carried out and instructs the way forward at both national and local levels. It is therefore for anyone working to tackle domestic abuse both in the public and voluntary sectors.

3. The Scottish Executive is committed to implementing the National Strategy according to the programme for action it sets out. This report describes what the Executive has done and is doing to fulfil this commitment.

The National Group to Address Domestic Abuse in Scotland

4. A National Group to Address Domestic Abuse in Scotland was established in June 2001 with a remit to:-

• Oversee the implementation of the National Strategy to Address Domestic Abuse in Scotland in accordance with the priorities set out in the Action Plan;
• Identify and disseminate good practice;
• Identify key issues and develop a common national response
• Provide advice in relation to monitoring data and the identification of the research required;
• Establish and oversee a structure of specific issue-based groups and local multi-agency groups working with a coherent framework;
• Review and monitor progress against the Action Plan;
• Consider links between domestic abuse and the wider issues of violence against women.

5. The National Group is chaired by the Minister for Social Justice and the current members are DCC Robert Ovens, Chair of ACPOS Community Safety Sub Committee, Dharmendra Kanani, Director, Commission for Racial Equality Scotland, Jon Harris, COSLA, Professor Sheila Hunt, Dean of Nursing Dundee University, Keir Bloomer, Chief Executive Clackmannanshire Council and a Director of Learning and Teaching Scotland, Claire Houghton Scottish Women's Aid, Janette de Haan, Women's Support Project and Sheriff Pamela Bowman. Between June 2001 and February 2003, the National Group met 7 times

Specific-Issue Working Groups

6. The first task of the National Group was to prioritise the work to be carried out and to establish the appropriate Working Groups to take forward particular initiatives within the Strategy. Three working groups were established in the first instance; to review the COSLA recommendations on refuge provision, to review current legislation and to prepare a prevention strategy. A fourth group was established in August 2002 to develop a training strategy.

The Working Group on Legislation

7. The Working Group on Legislation had a remit to review all legislative provision relating to domestic abuse, to assess the strengths and weaknesses thereof and to make recommendations to the National Group as to how the weaknesses should be addressed. The membership was:-

Sheriff Pamela Bowman, chair Judiciary

8. The working group considered a number of information and research papers and consulted within their own areas of interest. It also circulated the local multi-agency domestic abuse partnerships asking them to pool their knowledge and experience, including their views on any shortcomings in the way that legislation is implemented.

9. There is considerable legislation, both civil and criminal, which impacts upon domestic abuse in Scotland. The working group looked at those aspects of civil law which were directly relevant, including the Matrimonial Homes (Family Protection)(Scotland) Act 1981,the Protection from Harassment Act 1997, the Protection from Abuse (Scotland) Act 2001, the Housing (Scotland) Acts 1987 and 2001, the Children (Scotland) Act 1995 and the Legal Aid (Scotland) Act 1986.

10. In Scottish Criminal law there is no specific offence of domestic abuse. It is covered by the general provisions of the criminal law and is dealt with by statute and common law. The group identified a number of problems in relation to the protection available in the criminal law and criminal justice process for women and children who experience domestic abuse. Some related to the measures and means used to deal with the perpetrators and others to women's experiences of the criminal justice process itself.

11. The group concluded that domestic abuse was a complex issue and that the current remedies to address it were also complex, leading to confusion, misunderstanding and duplication of effort. It was therefore of the opinion that it would be helpful to simplify the law in relation to domestic abuse and to have all the remedies available brought together in one Act. It also concluded that it was necessary to establish a cohesive and simplified court process for domestic abuse cases and recommended a feasibility study to examine the possibility of setting up a special domestic abuse court.

12. The working group's report was endorsed by the National Group in May 2002 and its recommendations are being taken forward by the Executive.

The Working Group on Refuge Provision

13. In 1991 COSLA estimated that there was a need for 1 refuge place per 7,500 of the population, which pointed to a need for 650 places throughout Scotland. There are at present approximately 360 refuge places available. Since 1991 there has been a growth in population and changes in demographic distribution as well as changes in perception of the standard and type of refuge accommodation required.

14. The Working Group on Refuge Provision had a remit to conduct a review of the COSLA recommendations for refuge spaces, to establish whether they had been met and whether revision was required. It included an audit of current refuge provision and an assessment of future needs for refuge spaces, including the standard, type and diversity of provision and the needs of disabled women and children, minority ethnic women and children and women and children living in rural areas.

15. The membership was:-

16. The Working Group commissioned a Statistical Analysis of applications for refuge to women's aid groups. This was carried out by the Statistical Division of the Justice Department. It also commisisioned research, by Dr Suzanne Fitzpatrick of Glasgow University, to investigate women's and children's experiences, preferences and priorities in relation to refuge provision and to assess the level and standard of available accommodation. Also to produce an audit tool to be used in future years to gauge refuge need.

17. The Working Group will report to the National Group in the summer and the research report will be published.

The Working Group on Prevention

18. The Prevention Working Group therefore had a remit to develop a National Prevention Strategy. The membership was:-

19. The Working Group met from November 2001 to May 2002. A paper was commissioned from the Zero Tolerance Charitable Trust to assist the Working Group. The paper included a review of good practice in prevention work internationally and a discussion of the issues to be considered in developing the strategy.

20. In addition to producing a National Prevention Strategy, the Working Group participated in the National Debate on Education and the Education, Culture & Sport Committee's investigation into the future of school education. A paper 'With all Due Respect' was commissioned from Margaret McGhie, director of the Health Promoting Schools Unit, Learning & Teaching Scotland. The paper was launched at an event hosted by the Working Group on 13 June 2002, attended by education specialists and members of multi agency domestic abuse partnerships.

21. The report of the Prevention Working Group, including the National Prevention Strategy, was presented to the National Group at its meeting on 28 August 2002. The National Group endorsed the Report and agreed that the draft National Prevention Strategy should go out for consultation. Responses were requested by 31 December 2002. These are currently being considered and a revised strategy will be published in the summer.

The Working Group on Training

22. The Training Working Group had a remit to develop a National Training Strategy and met from August 2002 to November 2002. Members were:-

23. The Working Group identified the need for specific training for staff in a number of sectors: social work, education, health, police, housing, criminal justice system and civil court system, voluntary sector, private sector. In addition, there was a need for multi agency training for all. Capacity building for delivering training was also addressed, as was the need for standards and good practice in domestic abuse training. A draft National Training Strategy was submitted to the National Group for consideration at their meeting in November 2002 and issued for consultation on 17 February 2003 Responses are requested by 23 May.

The Refuge Development Programme

24. The Scottish Executive has responded by providing 10 million, to be channelled through Communities Scotland, over the 3 years from April 2001 (2 million in 2001/02, 2 million in 2002/03 and 6 million in 2003/04). to either build or purchase new refuges or to adapt, extend and upgrade existing ones, taking into account:-

• the amount of provision already available in the local authority area against the level deemed to be necessary.
• the types of accommodation available against those deemed to be necessary, including the availability of any special provision for women with specific needs.

25. Local authorities were invited to bid for capital housing projects (to be developed by Registered Social Landlords) to either build or purchase new properties or adapt existing ones. Proposals for funding had to demonstrate that a partnership approach had been established involving all relevant partners, including Communities Scotland, Registered Social Landlords and Women's Aid. Bids had to show how projects would be sustained in terms of revenue support streams. Applications were received from 24 local authorities. Ten of these made more than one bid.

26. 10 projects were approved to begin in 2001/2 - in Angus, Dumfries and Galloway, East Renfrewshire, Fife, Glasgow, Highland, North Ayrshire, Renfrewshire, South Ayrshire and Stirling.

27. Three projects were approved to begin in 2002/3 - in Orkney, East Dunbartonshire and Edinburgh (Shakti). With the building of the refuge in Orkney, all local authority areas in Scotland will have refuge provision.

28. For the final year of the programme 16 projects in 14 local authority areas have been approved. Work will begin in 2003/4 on refuges in Dumfries and Galloway, Dundee, East Ayrshire, Edinburgh, Falkirk, Fife, Glasgow, Highland, Inverclyde, Moray, North Lanarkshire, South Ayrshire, South Lanarkshire and West Dunbartonshire.

29. To date:-

• a new 6 person unit has been created in Angus;
• 3 properties in South Ayrshire have been purchased;
• twelve purpose built flats will become available in Glasgow in January 2003;
• 4 places in a 21 unit project in South Lanarkshire was provided in March 2002 - and another 4 in September 2002; and a further 3 spaces in December 2002;
• 6 units with 15 bed spaces became available in North Lanarkshire in October 2002;
• refurbishment of an existing refuge in Midlothian will be completed in April 2003 and a new build extension with 6 self-contained flats will be completed by December 2003;
• projects in Fife, North Ayrshire, Dumfries and Galloway and Highland will be completed between February and March 2003.

The Domestic Abuse Service Development Fund

30. The Domestic Abuse Service Development Fund, which started on 1 April 2000, is the first ever national fund in Scotland to tackle domestic abuse. Initially for 2 years, 3 million was available in each of the years 2000/1 and 2001/2. (1.5 million from the Scottish Executive and 1.5 million matched funding) to encourage local authorities to work with their local partners to improve provision in their areas.

31. Local authorities were invited to apply for grants for projects which would carry forward the work contained in the National Strategy. Bids had to demonstrate the involvement of multi-agency partners, especially local voluntary organisations, such as Women's Aid, and show how the projects would improve local circumstances and improve or develop multi-agency working.

32. In recognition of the success of the Fund it was extended for a further 2 years, to 2004. The second round of the Fund was heavily oversubscribed but the Executive is currently supporting 57 local projects which include outreach work, multi-agency development, work with children, training, work in rural areas, preventive work through schools, support work in refuges and partner support.

33. The Scottish Executive has drawn up a specification for research to evaluate the first round of the Fund and the National Helpline. This will be put out to tender in March 2003.

Awareness Raising

34. The Executive's "Behind Closed Doors" domestic abuse campaign continued during 2001/2002 using TV adverts, print adverts, an 8 page supplement distributed with the Daily Record on 26 December 2001, adverts on outdoor sites and in female washrooms in public places and beermats in 450 pubs in Dundee, Edinburgh, Glasgow and Aberdeen. In addition, the domestic abuse website was improved and re-launched.

35. A new television advertisement was launched on 26 December 2002. "Dolls House" makes it clear how domestic abuse affects children - how they pick up on what is going on in the home. We know that children are in the same or next room in 90% of domestic abuse incidents and Scottish Women's Aid estimates that 100,000 children in Scotland are living with domestic abuse. It is therefore very important to raise awareness of what domestic abuse can do to children.

The Domestic Abuse Helpline

36. The Helpline number has been included in all advertising materials, and has therefore been promoted extensively throughout Scotland. In addition, the helpline number was highlighted in a campaign in Lanarkshire run by the local radio station, Clan FM. Information about the Helpline was distributed to all police forces, local authorities, NHS Boards, Women's Aid groups and CABx for local awareness raising.

37. It offers access to services for women and children by providing one, central, easily memorised freephone number (0800 027 1234) which allows them to get relevant local information, for example about housing, legal matters or benefits, as well as an opportunity to speak in confidence about what has been happening to them. Calls to the Helpline are not recorded on telephone bills.

38. The Helpline has 2 full time co-ordinators who arrange rotas, keep statistics, provide cover, support workers, train new workers and develops the service. It has been staffed by experienced women's aid workers and now new volunteers have been trained to take the calls. They have relevant local information for all parts of Scotland. Calls so far this year average about 70 per week, rising to 500 per week when the TV advert is being screened.

39. The Helpline extended its hours during 2002 and now provides a service from 10.00am - 12.00 midnight every day of the year. In addition, a textphone service was introduced for people with hearing impairments and is available from 10.00am - 2.00pm and 10.00pm - 12.00 midnight every day.

The Development of Multi-Agency Working

40. All local authority areas now have active multi-agency domestic abuse groups. Membership includes a "core group" of police, Women's Aid, Victim Support, Health Boards and Trusts and council officers representing social work, housing, education and community safety. In addition some groups have members representing Procurators Fiscal, Benefits Agency, Family Mediation, advice agencies, Racial Equality groups, Barnardos, Children First and other voluntary action groups.

41. Information is collected from the multi agency partnerships prior to each National Group meeting (4 times a year). A summary of this information is provided to the National Group and posted on the Executive's website with the report of the meetings. Once complete, the summary is also circulated to all the multi agency partnerships in order to share information and promote good practice.

Parliamentary Debate

42. The Scottish Parliament debated a motion on 28 November 2002:-

43. The Minister for Social Justice opened the debate with a report of the work of the Executive. She also announced the allocation of 237,000 to March 2004 to fund part-time workers in the seven affiliated and four unaffiliated women's aid groups that currently do not have that provision.

44. Ms Curran also announced that the National Group to Address Domestic Abuse in Scotland had decided that it was time to widen its focus to look at the links with other forms of violence against women and that it had therefore changed its title to the National Group to Address Violence Against Women.

45. The motion was passed by 105 votes to 3.

Annual Seminars

46. The first national seminar was held at the Scottish Executive Victoria Quay on 13 February 2001. Jackie Baillie, then Minister for Social Justice, gave a keynote speech which was followed by a question and answer session and workshops devoted to an exchange of good practice, views on the implementation of the strategy and a discussion on the way forward.

47. A report of the seminar was circulated to participants in June 2001.

48. The second seminar was held on 5 March 2002, again at Victoria Quay. The Minister for Social Justice, Margaret Curran gave a progress report on the implementation of the national strategy, followed by an open forum and workshops to enable local multi-agency groups to comment on progress, national and local, exchange information and guide future action. A Report of the seminar concludes this report.

Education

49. A pilot of an educational package, "Respect" produced by the Zero Tolerance Charitable Trust (ZTCT) was carried out from January to June 2001. "Respect" aims to challenge attitudes which condone violence against women and promote relationships based on equality and mutual respect. The materials include primary, secondary and youth group curriculum materials, teacher training materials, posters, a CD Rom and screensaver. One of the youth groups in the pilot was for homeless people. The pilot was evaluated by Dr Sheila Henderson of Reid-Howie Associates and the report was published in June 2002.

50. The "Respect" package evaluated very positively and ZTCT was offered further funding to amend the materials in the light of the evaluation, produce copies for each local authority and promote them to relevant education specialists. This work will be carried out by 31 March 2003.

51. In addition the Domestic Abuse Service Development Fund supported the production of 2 packs "Healthy Relationships" and "Healthy Relationships for Teens" for use in primary and secondary schools and youth group settings. These packs are now in use in a number of areas.

52. The National Prevention Strategy developed by the Prevention Working Group will make further, more detailed, recommendations about the role of education in the prevention of domestic abuse.

Support for Children

53. The National strategy recognises that children are witness to domestic abuse and that there is some correlation between domestic abuse and the mental, physical and sexual abuse of children. The Strategy is therefore concerned to address the needs of both women who experience abuse and their children.

54. A number of projects supported by the Domestic Abuse Service Development fund involve work with children. But we are aware that there is still a shortage of people working to specifically support children. The Executive is therefore providing 237,500, to March 2004, to fund part-time children's workers, in the 7 affiliated and 4 unaffiliated Women's Aid groups which do not currently have this provision. This will at least ensure that all children in refuge will have access to support, while longer term solutions are explored.

Data Collection

55. It is clearly important that we should be as well informed as we can be about the scale and nature of domestic abuse. It is difficult to know how many women experience it because it tends to be under reported. But research shows that it is widespread and that the level of repeat victimisation is high. The Scottish Crime Survey indicates that 1 in 5 women in Scotland experience domestic abuse from a male partner in their lifetime and 1 in 10 in any one year.

56. All police forces in Scotland have collected and collated statistics of domestic abuse incidents according to an agreed definition since 1 April 1999. Statistics covering the period January to December 2001 were published in October 2002. These show that incidents of domestic abuse recorded by the police in this period represented 700 incidents per 100,000 population in Scotland.

57. In all police returned details of 35,800 incidents. In 91% of incidents the victim was female and the perpetrator male. In 9% of incidents the victim was male. (comprises 0.6% with a male perpetrator and 8.5% with a female perpetrator.)

Protection from Abuse (Scotland) Act 2001

58. On 6 February 2002 the Protection from Abuse (Scotland) Act 2001 came into force. This, the first Committee Bill from the Scottish Parliament , was initiated by the Justice and Home Affairs Committee, which subsequently became the Justice 1 & 2 Committees.

59. This Act provides for a power of arrest to be attached to any common law interdict which has been granted for the purpose of protecting someone from abuse by another person. There are no requirements to prove any sort of relationship between pursuer and defender, nor are there any connections with occupancy rights, as with the Matrimonial Homes (Family Protection)(Scotland) Act 1981. Anyone in need of a power of arrest can therefore now apply to the court to have one attached to an interdict. The Act therefore greatly extends the legal protection available to those experiencing abuse. Research into the use of the Act is now underway and is expected to report in the spring.

60. We have liased with bodies such as Scottish Women's Aid and Citizens' Advice Scotland to ensure that they are able to give accurate advice and have asked local multi-agency partnerships on violence against women to disseminate information locally. The legal professions have also been alerted to the new Act and the courts have full information about how to deal with applications for power of arrest under the Act through the relevant Rules of Court. The Association of Chief Police Officers in Scotland (ACPOS) Working Group on Domestic Abuse has been asked to consider how best to ensure that police officers receive appropriate information about the Act.

Protection from Harassment Act 1997

61. Last year a package of measures to strengthen the protection for victims of stalking and harassment was announced. A new statutory power of arrest for breach of non-harassment orders will be introduced through the Criminal Justice Bill. The statutory power of arrest is an automatic power of arrest which will enable the police to act immediately to stop any further harassment taking place. The police would be able to arrest without warrant in circumstances where there was reasonable cause for suspecting that a breach had occurred.

62. Extensive research has also been commissioned into the existing legal remedies, procedures and practice and to examine the nature, prevalence and awareness of incidents of stalking and harassment. The research findings were published on 15 November 2002. It indicates that there is little support amongst victims and practitioners for a change in the current law but there is a widespread view that current provisions could be used more effectively.

63. The Executive is therefore working with the police and others to examine the training and guidance available for those who came into contact with victims of stalking and harassment and whether this could be improved. New measures have been introduced to ensure that the recording of previous incidences of stalking and harassment is improved and available in subsequent investigations.

The Sexual Offences (Procedure & Evidence)(Scotland) Act 2002

64. The Sexual Offences (Procedure & Evidence)(Scotland) Act 2002, which received Royal Assent in April 2002 and will come into force by the end of the year, makes changes to the Criminal Procedure (Scotland) Act 1995. It will:

• prevent accused in rape and other sexual offence cases from personally cross-examining complainers
• require such accused to be legally represented for the whole trial;
• require the court to appoint a solicitor for such an accused if he fails to do so himself;
• prevent such an accused case from personally taking a statement from a complainer;
• require such an accused to give prior notice of any defence of consent;
• Strengthen existing provisions restricting the extent to which evidence can be led regarding the character or sexual history of a complainer.
• Create a legal presumption in favour of disclosure of previous sexual offence convictions of accused, following successful application to lead sexual history/character evidence about complainer.

Legal Aid

65. Women sometimes face difficulty in obtaining the protection they need because of the cost of obtaining legal aid. This relates primarily to civil law, namely application for interdicts and exclusion orders, transfer of tenancy orders etc. The Executive recognises these difficulties and has made a number of significant changes to legal aid. These are:-

• From 1 July 2002, increased the lower and upper capital limits to 6,000 and 10,000 respectively
• From 1 December 2002 increased the disregard from clawback in matrimonial cases in both civil legal aid and advice and assistance from 2,500 to 4,200
• From 1 December a new regime for handling contributions in urgent legal aid cases; no longer will women need to pay solicitors 'up front' for urgent legal aid before actions can be raised in court - they will deal directly with the Scottish Legal Aid Board.
• From 1 December, extended civil legal aid to Social Security and Child Support Commissioners, and exempting any winnings awarded by the Commissioners from clawback.

Guidance to Healthcare Workers

66. "Responding to Domestic Abuse in NHSScotland - Guidance for Healthcare Workers" was launched for consultation by the Minister for Health in June. This guidance has been produced by the Scottish Executive Health Department with the help of a Short Life Working Group chaired by Professor Sheila Hunt, a member of the National Group.

67. The guidance outlines the nature and prevalence of domestic abuse in Scotland and presents the Scottish Executive's definition and policy, its action plan and campaign. It describes measures taken so far to address the issues. The role of the NHS is clarified as well as the background to this NHSScotland guidance, published by a Short Life Working Group set up by the Scottish Executive.

68. Some of the health effects of domestic abuse and the difficulties in discussing it are explored. The signs which may suggest abuse are outlined and the principles established which should inform practice and give guidance on supporting and advising women appropriately.

69. The guidance identifies the help and support that health care workers can expect from NHS Boards, NHS Trusts, LHCCs and local management to ensure that they are able to respond effectively to anyone experiencing domestic abuse. The role of NHS employers in dealing with domestic abuse is clarified and their responsibilities outlined. Factors for NHS employers to take into account when developing a local strategy are discussed and education and training needs are addressed.

70. A list of sources of advice and support is provided for health care workers who are responding to domestic abuse cases. Information is given on other agencies and bodies which play a role in tackling the issues and which provide services.

71. The guidance was issued for wide consultation with NHS staff, partner agencies and services in the police, local authorities, voluntary organisations and the public. The consultation period ended on 20 September 2002 and the guidance has been finalised, taking account of the comments received. It will be submitted to the National Group for endorsement and published as Scottish Executive guidance.

Rape Crisis

72. The Executive recognises the link between domestic abuse and rape in that women are more likely to be raped by a partner or ex-partner than a stranger. The Executive has therefore agreed to fund a National Office for the Network to enable it to support existing rape crisis centres in Scotland and to assist in the establishment of new centres in areas where there is an identified need for provision. A grant of 80,000 a year has been made available for this purpose, with a capital grant of 20,000 in the first year for start up costs.

73. The establishment of a National Office is a necessary first step in looking at the need for this type of provision.

Abuse of Men

74. Domestic Abuse and rape are, on the basis of current information, most commonly perpetrated by men against women. The Scottish Executive is therefore satisfied that the scale of abuse against women is such that it requires a specific response. However, it recognises that men may be abused and commissioned a research project to establish the scale and nature of the problem. The report of this research was published on 4 September 2002

75. It shows that, from the evidence available, there are fewer male victims than female and that the abuse they experience is, in general, less frequent and less severe. It also appears that, from the sample of men interviewed, most are also perpetrators of violence. It concluded that there was no evidence to suggest that there is presently a need for a new agency whose specific remit is to support male victims nor does there appear to be a need for refuges for abused men. However, some males might benefit from support and advice regarding housing and welfare and the Minister for Social Justice has written to the relevant authorities drawing their attention to the report.

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