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DELIVERY PLAN PRIORITIES FOR ACTION

PROTECTION OVERVIEW

Children and young people affected by domestic abuse are safe

Children and young people living with domestic abuse are at increased risk of significant harm both as a result of direct abuse from the perpetrator and from witnessing harm to their non-violent parent or their siblings. It is not necessary, however, for children to directly witness or be subject to abuse to be affected by it. Domestic abuse can profoundly disrupt the stable and nurturing environment of a child's home, affecting their physical, mental and emotional health.

Clearly, domestic abuse can impact on every aspect of a child's wellbeing, ³ however, the impact on any one child's wellbeing will vary. A number of protective factors, including the frequency, severity and length of exposure to abuse and the non-abusive parent's ability to maintain their parenting skills under such adverse conditions, are brought to bear on a child's resilience and ability to cope with the fear and uncertainty of living with domestic abuse. Research tells us that if the non-abusive parent, most frequently the mother, is not safe then it is unlikely that children will be. Indeed, children frequently come to the attention of child protection agencies at a point when the severity and length of exposure to abuse has had detrimental impact on the wellbeing of their mother, and has compromised her ability to nurture and care for them.

Focus on early identification, assessment and intervention through the provision of skilled and attentive universal services is therefore undoubtedly the best way to keep both children and their non-abusive parent safe. Given, however, what we know about the high degree of under-reporting of domestic abuse and the reticence of women to come forward unless directly questioned, it is crucial that practitioners in universal services routinely enquire about domestic abuse. The Delivery Plan's Priority Area 1 sets out the development and implementation strategy for a programme of routine enquiry across a range of NHS Scotland health services. The programme implementation will be targeted at services where women who have experienced domestic abuse are likely to be disproportionately represented such as A&E, mental health and addiction services, community nursing, sexual health and maternity services.

No single agency or organisation is responsible for keeping children safe. Priority Area 2 details plans for the development of a Getting it right approach which aims to improve all agencies' assessment and planning processes for children and young people affected by domestic abuse. The Getting it right approach, which is delivered through a Common Assessment Framework and supports agencies to share information and plan jointly for each child, will be tested in the four Pathfinder areas. The approach is based on recognition that protocols which recommend 'automatic referral' for all children living with domestic abuse to the Reporter are not effective, that a personalised approach to assessment and planning is required to meet individual children's needs, and that children and young people have the right to be involved, as far as possible, in any decision-making processes that affect them. Indeed, many children affected by domestic abuse may safely be supported through universal services and community-based provision. There will, though, undoubtedly be children whose needs are complex or who are at risk of serious harm. Referral to the Reporter, who will determine whether compulsory measures of supervision are necessary, is clearly appropriate in these cases.

When undertaking assessment or planning for any child affected by domestic abuse, it is crucial that practitioners recognise that domestic abuse involves both an adult victim, most frequently the mother, and a child victim. The impact of domestic abuse on a child should be understood as a consequence of the perpetrator choosing to use violence in the environment of the child, rather than of the mother's failure to protect. Agencies should therefore work to ensure that they address the protection of children in parallel to the protection of their mothers, and that perpetrators are held accountable for the impact of domestic abuse on their families. The Delivery Plan Priority Area 3 outlines measures that will support agencies address the perpetrator's actions and behaviour and safeguard children and their mothers from further harm. Key to this is the development of both court mandated and non-court mandated men's behavioural change (perpetrator) programmes with associated services for women and children.

Such measures, however, will only be effective within the context of an integrated criminal justice response to domestic abuse which sets and enforces sanctions against those who abuse their partners and children, and protects the victims of such abuse. Priority Area 4 focuses on using learning from the Glasgow Domestic Abuse Court Pilot to inform future developments in the way that courts, and services linked into court processes, handle cases of domestic abuse.

Protection needs to be long-term and should not cease after separation between the abuser and the child's mother. Indeed, separation is frequently a time of increased risk for children and their non-abusing parent, when violence may escalate rather than abate. One area of critical concern is child contact where perpetrators may use contact to continue abuse of children and their mother. The recent amendment to the Children (Scotland) Act 1995 places a duty on courts to take domestic abuse into account when making orders about future contact or residence arrangements for children. It is too soon, however, to evaluate the impact of this legislation. Action to be taken forward under Priority Area 5 will focus, in the short-term, on collecting evidence to improve current understanding of the issues surrounding contact, both privately arranged and court authorised, for children affected by domestic abuse. Building on this evidence base and on findings from the evaluation of the amendment to the Act (when this becomes available) we will consider whether future action is necessary to improve assessment, decision-making and planning in contact cases involving domestic abuse, and to ensure appropriate facilities and resources are available to women and children which mitigate the potential risks of contact with the abusive parent.

Priority Area 1

Improve the National Health Service ( NHS) identification of, and response to, the needs of women and children experiencing domestic abuse.

Commitment

We will work in partnership with colleagues in the National Health Service ( NHS) Scotland to build the capacity of Health Boards and health practitioners to implement a programme of routine enquiry of domestic abuse across specific health services by 2011.

Rationale

The financial costs of domestic abuse to the NHS are huge; a national study estimated the cost of domestic abuse to the NHS in England to be £1.2 billion per year (Walby, 2004). In Scotland, Health Boards and health practitioners have long been key allies in tackling domestic abuse. Women and children experiencing domestic abuse will present, often repeatedly, across the whole range of health services including accident & emergency departments, mental health and addiction services, sexual health and maternity services.

Women's experience of violence during pregnancy is a case in point. A third of domestic abuse starts or escalates during pregnancy. This 'double intentioned violence' is both a form of child abuse and a serious aspect of domestic abuse and is supported by data which shows that abuse during pregnancy is linked to increases in risk of miscarriage and preterm birth. ( Humphreys et al, 2008)

Significant research has been undertaken about the response of pregnant women to routine questioning about domestic abuse. Evaluations have shown that most pregnant women do not object to being asked about domestic abuse (Stenson et al, 2001). However, the evaluations are also clear that the introduction of routine enquiry needs to be supported by training for health professionals involved, both to ensure they feel comfortable about asking women questions and to ensure appropriate follow-on intervention should women disclose abuse (Taft, 2002). The effectiveness of the programme therefore depends on robust joint-working arrangements between health services and other agencies which contribute to providing a holistic package of support to women and children, while ensuring perpetrators are held accountable for their abusive behaviour.

The implementation of routine enquiry has been advocated at a UK level by the Home Office and the Department of Health. Professional bodies, including the Royal College of Midwives and the Royal College of Psychiatry, also endorse this approach.

The Responding to Domestic Abuse in NHS Scotland: Guidance for Healthcare Staff (2003) is being reviewed at present. Guidelines and assessment tools on routine enquiry will be part of the revised document. These will address the issues of who should implement enquiry, when to do so, how to conduct routine enquiry, and where. Guidance on recording and handling disclosure will also be included.

A National Coordinator has been appointed to take this work forward and to direct and oversee the implementation of the programme of routine enquiry across Health Boards. Implementation will focus on specific services in which women affected by domestic abuse are likely to be disproportionately represented, including A&E, maternity services, mental health and addictions services, sexual health services and community nursing. Key considerations include fostering organisational change across health services to embed the programme into mainstream practice, the deployment of a robust workforce development strategy to ensure health practitioners are skilled and confident to undertake routine enquiry of domestic abuse, and the need for ongoing monitoring and evaluation of the programme.

What children and young people have told us

Children and young people commenting on this Priority Area had diverse views about doctors or nurses and the extent to which they should try to obtain information. Whereas some doctors were perceived to be "nice", others would not make the effort to speak to patients; it depended on the individual doctor.

Some young people thought that doctors did not need to know about a domestic abuse situation. For others, it was important that a doctor knew about the situation to understand what was wrong with a mother or child. Indeed, some of the children talked about this in terms of a child experiencing domestic abuse being "hurt" (Smith et al, 2008).

How will we take this work forward

Actions: Year 1

• We will work with colleagues in the NHS and the National Coordinator to identify and set up implementation structures, including a National Steering Group, to coordinate the progressive introduction of a programme of routine enquiry across Health Boards and health services in Scotland.
• We will fund the appointment of a dedicated staff team, managed by the National Coordinator, to support Health Boards develop and implement an Action Plan for the introduction of routine enquiry across key services.
• We will work with the National Steering Group to ensure that Health Boards have resources in place, including a framework for evaluation, to support the effective implementation of these Action Plans. As part of this process, we will work with the National Group to Address Violence Against Women and maximise the contribution of the Violence Against Women Training Consortia to taking forward a sustainable workforce development strategy for practitioners involved in routine enquiry.
• We will use learning from the four Domestic Abuse Pathfinder areas to identify the barriers to, and outcomes of, use of health services by women and children affected by domestic abuse and to explore effective approaches to multi-agency involvement in routine enquiry processes.

Actions: Future Work

• We will work with the National Steering Group and with Health Boards on an ongoing basis to support them in taking forward their Action Plans and progressively introduce a programme of routine enquiry into key health settings, including A&E, maternity services, mental health and addictions services, sexual health services and community nursing.
• We will monitor and evaluate the programme implementation on an ongoing basis and use learning from the evaluation to inform the future direction of this work.

Key Outputs

• Increased capacity across Health Boards to implement a programme of routine enquiry for domestic abuse in key health settings, including better joined-up working between health services and other agencies to ensure timely and effective packages of support for women and children identified as experiencing domestic abuse.
• Development of workforce training initiatives aimed at improving healthcare providers' knowledge, skills and attitudes around domestic abuse, leading to increased proportion of providers able to undertake routine enquiry and provide appropriate follow-on support to women and children affected by domestic abuse.
• Ongoing monitoring and evaluation of the routine enquiry programme implementation.

Outcomes

Action taken forward under the Delivery Plan will build the capacity of NHS Scotland to contribute to the early identification of and early intervention for children, young people and women affected by domestic abuse through implementing a programme of routine enquiry across key health services by 2011. Learning from developing and implementing the programme of routine enquiry may also be applied to improve NHS Scotland's response to other complex problems which impact on the health and wellbeing of individuals and families, such as childhood sexual abuse or substance misuse.

Action taken forward under the Delivery Plan will therefore support Health Boards and health practitioners across a range of services to -

• Improve the life chances for children, young people and families at risk.
• Ensure Scotland's people live longer, healthier lives.
• Provide a high quality, continually improving, efficient and responsive service according to local people's needs.

Lead Government Division: Child & Maternal Health Division

Priority Area 2

Develop a universal, systematic approach to information gathering and decision making that will place children's needs and wishes at the heart of agencies' response to domestic abuse.

Commitment

Through the Getting it right Domestic Abuse Pathfinder, we will develop and test a range of tools that will enable a systematic approach to gathering information and decision making about children across the range of agencies. We will use learning from the Pathfinder to inform the development of a robust, national solution to risk assessment, risk management and safety planning for children affected by domestic abuse informed by Getting it right principles and values.

Rationale

A problem has arisen in many Western countries responding to domestic abuse whereby the safety of children is considered to have been secured by a referral or notification to the statutory child protection authority. In Scotland, the high number of referrals to the Reporter, and small proportion of those children referred going to a Children's Hearing, suggests that concerns could be dealt with more quickly and appropriately through earlier action by agencies that provide help directly, unlike the Reporter who determines whether the child needs help compulsorily. (Humphreys et al, 2008)

A more comprehensive and unified approach to identifying and meeting children's needs and wishes should remove the need for automatic referrals to the Reporter of cases of domestic abuse. " It's everyone's job to make sure I'm alright", the Report of the Child Protection Audit and Review ( Scottish Executive, 2002) states that 'agencies and professionals need to exercise greater levels of judgement, in consultation with others, about the best approach to securing a child's welfare'. This approach, to be shared across agencies, is based on recognition that 'protecting the mother may be the best way to protect the children' and that 'more emphasis on working with men to challenge them about their behaviour and to assist them in changing it' is necessary.

Differentiating children who require statutory welfare or protection measures from others who can be safely supported in the community is not, however, straightforward. It will require agencies to develop shared risk assessment, risk management and safety planning processes which focus on the dangerousness of the perpetrator and take into account children's own views, the environmental factors which contribute to their welfare, and the protection, needs and views of the non-abusive parent. (Humphreys et al, 2008)

The implementation of a shared, systematic approach to information gathering and risk management can help bring about a cultural and practice shift, through enabling the transfer of knowledge, skills and resources across the range of agencies. In turn, this will result in the development of high levels of multi-agency cooperation which will ensure responses to children affected by domestic abuse are appropriate, proportionate and timely. This approach is supported through the Getting it right for every child Domestic Abuse Pathfinder.

Activities within the Pathfinder areas currently focus around developing and testing tools, including a Data Capture Form for adult victims and a Child Concern Form, which will improve consistency of information gathering where domestic abuse is reported or disclosed and where there are concerns about the welfare of a child. In parallel, the Pathfinder is supporting the development of information-sharing protocols and procedures across all agencies, including the police, education, health, the voluntary sector and Children's Reporters to streamline communication and the decision-making process. To achieve this, each Pathfinder is drawing on local resources as well as identifying technological solutions to assist agencies to gain skills and develop capacity to work in this new multi-agency context.

What children and young people have told us

Children's fear as a result of living with domestic abuse is frequently compounded by their fear of what will happen if an agency finds out about the abuse. Children, perhaps echoing their mother's fears or their father's threats, are likely to see telling a professional as inevitably leading to a child protection referral and therefore, putting themselves at risk of being taken into care. ( Alexander et al 2005, Barron 2007, Stafford et al 2007)

"It's like if social workers get involved, and then me, my brothers, would get taken off my mum and she'd be all on her 'ain, so you cannae speak to, like teachers about it." (Girl 13 in Stafford et al, 2007)

Children consulted on the Delivery Plan put forward different opinions about the extent to which specific agencies could help keep them safe. Many had personal experience of the negative impact of agencies intervening too much or not intervening enough in their home situation. For example, one young person talked about the police letting another incident happen by not doing anything the first time or said that calling them meant a worse attack when they'd gone ( Houghton, 2008a). Another young person, though, had very positive experiences of police interventions -

"I think the reason that they [the police] did it so well was because they weren't taken aback by the fact that 'oh no there's domestic abuse kind of thing going on here' they just treated it as an assault- just that there's an assault happened here, what you would normally do was remove that person from the situation, away from the situation, that's why it worked so well." (Girl in Houghton, 2008a)

Lack of communication between agencies was also an issue repeatedly highlighted -

"… law enforcement are usually the first on the scene when there's an incident of domestic abuse and they communicate information about what's happened to other agencies so I think the communication needs to improve between law enforcement and school. So if there's been an incident of domestic abuse then the school knows about it but its still private enough that it's confidential…" (Boy in Houghton, 2008a)

The same young person, also in Houghton (2008a), explained he didn't think the council "had any idea what happened in our house" despite law enforcement involvement and complained about the need for Women's Aid to "pester" housing departments constantly for them to be rehoused (8 months later). He agreed that links between police and schools, health and housing could be improved.

All children, however, were clear that improved communication or services should not come at the expense of their right to privacy and confidentiality. This went beyond seeking children's agreement before sharing information between agencies. One child, for example, recommended that when police visit a home, they should make sure that their 'panda car' is not parked right outside the door because then the neighbours will know that there is a problem. ( Smith et al, 2008)

Despite concerns about agencies' involvement, all children's headline message to other children is to speak to someone about the domestic abuse, because talking to someone will help stop the abuse -

"others will help you, you don't have to do it alone, there are people to help you get over it" (Child in Stafford et al, 2007)

"I got help and now I am happy" (Child in Houghton, forthcoming)

How will we take this work forward

Actions: Year 1

• We will complete Business Process Mapping in each Pathfinder area and establish baseline data.
• We will set up a timescale for the development and consultation process for the Data Capture Tool and Child Concerns Form.
• We will pilot the Data Capture Tool and Child Concerns Forms.

Actions: Future Work

• We will further develop the Consultation Framework and Communications Strategy.
• We will agree an Evaluation Framework for the Data Capture Tool and Child Concerns Form and publish outcomes.
• We will review existing Getting it right Project Plans and publish revised versions.

Key Outputs

• Development and piloting of a number of tools, including a Data Capture Tool and Child Concerns Form, specifically developed to support the Getting it rightapproach.
• Single system approach to children and young people affected by domestic abuse developed and implemented within each Pathfinder area.
• Publication of the evaluation of the current Getting it right Pathfinder programme.

Outcomes

Action taken forward under the Delivery Plan will support the range of agencies involved in the Getting it right Pathfinder areas to improve the standard and quality of information gathering and decision making about children experiencing domestic abuse and to identify and eliminate any barriers that get in the way of helping these children. It will also ensure that learning from the Pathfinder is captured and disseminated in a way that enables local authorities and key service providers across Scotland to develop and adopt effective local approaches to implementing Getting it right for every child.

Action taken forward under the Delivery Plan will therefore support practitioners across the range of services to -

• Improve the life chances for children, young people and families at risk.
• Provide a high quality, continually improving, efficient and responsive service according to local people's needs.

Lead Government Divisions: Safer Children Stronger Families Division, Equality Unit

Priority Area 3

Develop interventions targeted at perpetrators of domestic abuse which are integrated with appropriate support services for women and children.

Commitment

We will build on the positive momentum driven by the accreditation process of the Caledonian Men's Programme to ensure integrated and appropriate support provision for victims of domestic abuse and to improve the way perpetrators are currently dealt with by agencies both within and outwith the criminal justice system.

Rationale

Child protection intervention has been the subject of extensive criticism for its focus on women as mothers rather than men as fathers ( Scourfield, 2001). This problem takes on particular significance in the domestic abuse situation where there is both an adult victim, who is usually the child's mother, as well as a child victim. The lack of intervention with the perpetrator - allowing perpetrators to remain 'invisible' - not only puts the burden for change on victims of domestic abuse but also places them at significant risk of continuing harm. ( Humphreys et al, 2008)

The need for multi-agency interventions which focus on protecting the child and adult victims while, in parallel, placing expectations for change on the perpetrator is a constantly repeating theme in literature on domestic abuse. Key to such an approach is the development of court-mandated men's behavioural change programmes, referred to as 'perpetrator programmes', with associated support services for women and children. ( Humphreys et al, 2008)

Dobash et al's (1999) Scottish study using partners' accounts concluded that perpetrator programmes are the most successful criminal justice disposal in reducing men's violence and abuse. Their effectiveness, however, depends greatly on the strength and consistency of the whole criminal justice response to perpetrators, including the policing, prosecution, court processes and probation services ( Gondolf, 2002 & 2004; Holder, 2001). There is also some suggestion that an enhanced criminal justice response is equally dependent on the availability of a perpetrator programme as many judges want a suite of sentencing options available to them. ( Humphreys & Holder, 2001)

In Scotland, a number of Community Justice Authorities ( CJAs) are currently supporting the delivery of different models of court-mandated domestic abuse perpetrator programmes, several of which have no associated victim support services. A move towards ensuring the consistency and quality of programmes is underway with the development of the Caledonian Men's Programme. It will be road-tested in Edinburgh and submitted to the Scottish Panel for Accreditation of Offenders Programmes in Autumn 2008. The Programme has a strong emphasis on abusive men as fathers. Whether and how violent fathers can be part of children's 'healing process' whilst maintaining safety of women and children is a dilemma of progressive perpetrator work at present ( Houghton, 2008b). It is recognised however, that for many men who abuse, understanding the impact of their violence on children can be a key incentive towards changing their behaviour. ( Humphreys et al, 2008)

If accredited, a multi-agency implementation group will be set up to assess applications from CJAs to run Caledonian. Though the provision of associated victim support services will be a fundamental pre-requisite for Caledonian, the Panel itself is not able to accredit services for victims. Parallel work is therefore necessary to support the replication of effective practice in this area. Funding for men's programmes is available to CJAs through Section 27 of the 1968 Social Work (Scotland) Act. This funding stream is specific to work furthering the supervision and care of persons put on probation or released from custody and cannot be used to set up support services for children and their mothers who are victims of domestic abuse.

Programmes for men in Scotland, outwith those offered through the criminal justice system, remain scarce and quality of practice is inconsistent. In many cases, interventions focus on addressing 'generic' anger management issues, an approach which is clearly inappropriate in domestic abuse situations. Literature on non-court mandated programmes highlights the fact that relatively few men who abuse go through the full court process to sentencing and argues for services that are open to referrals from other practitioners who may encounter domestic abuse, especially health practitioners and child protection workers. The development of effective non-court mandated programmes is recognised as a step towards giving practitioners the confidence to engage with perpetrators; to make them and, in consequence, the domestic abuse situation visible. ( Humphreys et al, 2008)

Clearly though, making programmes open to referral from different agencies is not enough. Without adequate awareness, training and support practitioners are likely to 'avoid' identifying and engaging constructively with violent men ( O'Hagan & Dillenburger, 1995). A key objective of the Getting it right Domestic Abuse Pathfinder is to build on existing workforce development initiatives, such as the Scottish Working With Men project in Edinburgh, to help bring about a shift in culture and practice so that all agencies have the capacity to develop interventions that hold perpetrators to account. This approach is supported by Respect, the national association of perpetrator programmes and partner support services, which provides a range of capacity building services for practitioners working in this field. Respect has a UK-wide membership but most of its funding is specifically to provide these services in England and Wales.

What children and young people have told us

Literature on children's perspectives of their domestically violent father, of what he could do to repair the damage he has caused or, even more specifically, of whether different interventions that help him change would make them feel safer or better about having a relationship with him, is limited. This is due to researchers' reticence about raising this very sensitive issue with children but also it is symptomatic of the invisibility of domestic abuse perpetrators as violent fathers in children's services, child protection and domestic abuse agendas. ( Houghton, 2008b)

The most overwhelming feeling children express about their abusive father is being frightened of him and feeling sad (Morrison, forthcoming; McGee, 2000; Mullender et al, 2002). Children reveal complex emotions, almost all negative - sad, angry, loss, including the extremes of emotion - hate, and (far less commonly in children's accounts) love ( Morrison, forthcoming; McGee, 2000; Alexander et al, 2005; Mullender et al, 2002). For all children and young people, and especially for children who blame themselves for the domestic abuse, it is important that agencies hold perpetrators openly accountable for the impact of their behaviour on their families.

Many of the children and young people consulted on the Delivery Plan were supportive of making programmes available to men to help them 'control their anger'. They were very clear, however, that men should want to go on these programmes and should want to change, otherwise it could just make things worse. ( Smith et al, 2008)

In Morrison's study on contact arrangements ( forthcoming) children were asked if fathers could do or say anything to make them feel better about the domestic abuse they had experienced. This question elicited three clear messages from children: nothing he could do, stop being abusive, apologise for what he had done and be sincere in his apology. For other children talking to him was futile "what difference would saying anything make?" ( pupil in Alexander et al, 2005). Indeed, children in Morrison said fathers lied about changing to get what they wanted, for example so as not to be charged, or that he could change but doesn't want to -

"If you've always been violent you can't just stop, cos that makes you feel good it makes you feel big and strong." (Child in Morrison, forthcoming)

"If somebody's violent then they can always go and get help, like anger management an' that. But sometimes it's their will power and they don't want to stop." (Child in Morrison, forthcoming)

To date there have been no evaluations of perpetrator programmes that have drawn directly on the views and experiences of children and young people whose fathers are attending the programme. This lack of knowledge will be addressed through action taken forward over the next three years.

How will we take this work forward

Actions: Year 1

• We will support the development and pilot, and explore options for the accreditation, of a Woman & Children's Manual which will outline minimum standards expected of practitioners and agencies delivering associated victim support services.
• We will work with colleagues in Government and local government to build the capacity of integrated support services for children, young people and women whose partners are taking part on court-mandated perpetrator programmes and identify sustainable funding arrangements for such services. Subject to the successful accreditation of the Caledonian Men's Programme, this programme of work will be closely linked to the roll out of Caledonian across Community Justice Authorities.
• We will work with key training providers, including the Violence Against Women Training Consortia, to ensure that initiatives that build the capacity of workforces to respond appropriately to domestic abuse encompass action to support agencies to develop interventions to hold perpetrators to account and place expectations on them to change.
• To further support improvement in the way perpetrators are currently dealt with by agencies both within and outwith the criminal justice system, we will explore the need for a Scottish base for Respect.

Actions: Future Work

• Subject to successful accreditation of the Caledonian Men's Programme, we will explore the feasibility of adapting the Caledonian guidelines and protocols for non-court mandated programmes and of piloting and evaluating this approach with partner agencies.

Key Outputs

• Publication of practice tools and guidance to inform the development of accredited court-mandated perpetrator programmes and of integrated, high quality partner support services across Community Justice Authorities in Scotland.
• Increase in funding available at national and local level to support the development of accredited, court-mandated perpetrator programmes which have associated, high quality support services for adult and child victims of domestic abuse, with a corresponding increase in such programmes and services across Scotland
• Increase in availability of training and workforce development opportunities which aim to build the knowledge, skills and confidence of practitioners outwith the criminal justice system to identify and engage with men who are violent or abusive towards their partners and children.
• Publication of practice tools and guidance to inform the development of high quality, effective non court-mandated perpetrator programmes with integrated partner support services across local authorities in Scotland.

Outcomes

Action taken forward under the Delivery Plan will support Community Justice Authorities and local authorities to design and deliver services which improve the way male perpetrators are currently dealt with by agencies both within and outwith the criminal justice system, while increasing the safety and wellbeing of women and children affected by domestic abuse.

Action taken forward under the Delivery Plan will therefore support Community Justice Authorities, local authorities and practitioners across a range of agencies to contribute towards -

• Improving the life chances for children, young people and families at risk as a consequence of domestic abuse.
• Ensuring both child and adult victims of domestic abuse are able to live their lives safe from crime, disorder and danger as a result of ongoing abuse from the perpetrator.

Lead Government Divisions: Effective Practice Division, Equality Unit

Priority Area 4

Further develop specialist approaches to the handling of domestic abuse cases within the criminal justice system.

Commitment

We will take forward Ministers' decisions on the report of the Glasgow Domestic Abuse Court Feasibility Study Group. Using a toolkit approach, we will use learning from the Glasgow experience and elsewhere to support and encourage criminal justice agencies across Scotland to review their practice and improve handling of domestic abuse cases in court.

Rationale

Swift and effective action within the criminal justice system to deal with violent and abusive behaviour remains the most effective child protection strategy. This involves high quality policing, consistent prosecution, efficient case management, appropriate judgments, and strong support for adult victims within the justice process. ( Holder, 2001)

The evaluations of specialist domestic abuse courts suggest that these courts can make a difference to the effectiveness of criminal justice and the satisfaction of victims with the process. The response is complex and dependent upon good quality policing, evidence gathering and strengthening victim support ( Cook, 2003; Stubbs, 2005). Scotland's Pilot Domestic Abuse Court, which currently serves Glasgow's G division, was set up in October 2004. The pilot evaluation evidenced an increase in guilty pleas, quality of evidence, fast tracking and, crucially, safety and participation of the victim ( Reid-Howie, 2007). Integral to the court pilot is a specialist victim service ( ASSIST - Advice, Support, Safety & Information Services Together) which includes a specific child/young person's advocacy and support service and the development of the Multi-Agency Risk Assessment Conference ( MARAC) approach including professionals related to children, women and perpetrators.

Although the pilot evaluation did not examine the experiences of children and young people in detail, almost all victims (91%) who identified that their children were involved in a case stated that they were happy with the way they were treated. ( Reid-Howie, 2007) A separate evaluation of ASSIST found that reports from the children that were referred to the ASSIST project were 'overwhelmingly positive', with improved wellbeing and school performance seen to be linked with attending sessions with the Children and Young Persons' Advocacy Worker ( CYPAW). ( Robinson, 2006)

The Glasgow Domestic Abuse Court pilot has been extended until Autumn 2008. The Glasgow Domestic Abuse Court Feasibility Study Group has been formed with multi-agency participation to assess the feasibility of alternative options for a Domestic Abuse court for the whole of Glasgow. The report of the Group was submitted to Ministers in Spring 2008.

In parallel, a 'toolkit' has been commissioned by the Criminal Procedure Division in the Scottish Government to support self-assessment by local criminal justice agencies across Scotland and to encourage innovative approaches to the handling of domestic abuse cases in court.

What children and young people have told us

Children and young people consulted on the Delivery Plan expressed diverse views on courts, stemming mainly from direct experience of being involved in court cases (it is important to note that, when discussing this Priority Area, children and young people did not identify whether their experience stemmed from being involved in civil or criminal cases). For some, if a court could deal more rapidly with the case, with less "palaver" and with people feeling safer, this was positive. For others, though, it was doubtful whether improving court processes could actually stop the abuse and if it didn't, they thought it would have little point. ( Smith et al, 2008)

During the same consultation event, general discussions around courts raised complicated issues. Some children did not know who to believe when parents were saying different things in court. There seemed to be little information and understanding about what was going on generally. But it was also important to some that those in court understood the position of families and that young people should have the opportunity to give their views. Attendance at court could be frightening. One participant stated they were scared of being left alone in a room but felt more secure due to the presence of an armed police officer. It was also suggested that a special room for children and a support worker would help. ( Smith et al, 2008)

There exists very little research on the court experiences of children affected by domestic abuse ( Houghton, 2008b). This issue will be addressed in action taken forward under the Delivery Plan.

How will we take this work forward

Actions: Year 1

• We will work with colleagues in relevant Scottish Government Divisions, the Scottish Court Service, Crown Office, Strathclyde Police, Glasgow City Council and other stakeholder agencies to implement Ministers' decisions on the report of the feasibility study on specialist domestic court provision for Glasgow. As part of that, we will work with partner agencies - national and local - on the provision of victim and family support services.
• We will reflect the lessons learned from the evaluation of the pilot court in Glasgow, and from other research and practice innovations, in a toolkit for local criminal justice agencies in order to support their self-assessment and practice development.

Actions: Future Work

• We will explore and support professional development opportunities for all those engaged in the handling of cases.
• We will ensure that the approach adopted in Glasgow is monitored and evaluated on an ongoing basis.

Key Outputs

• Implementation of Ministers' decisions on the Feasibility Study Group report, leading to an increase in the number of domestic abuse cases that are processed through specialist court arrangements in Glasgow and an increase in the number of child and adult victims of domestic abuse who are able to access support services linked into such court arrangements.
• Production of a toolkit to inform practice development across local criminal justice agencies and the adoption of effective approaches to court handling of domestic abuse cases.
• Increase in availability of training and workforce development opportunities which aim to build the capacity of agencies involved in or linked to court services across Scotland to identify and implement changes that improve local approaches to court handling of domestic abuse cases.

Outcomes

Action taken forward under the Delivery Plan will support the range of agencies involved in the Glasgow pilot to build on their approach to the specialist handling of domestic abuse cases in court and the provision of integrated advocacy and support services, thus increasing the safety and wellbeing of child and adult victims. It will also ensure that learning from the Glasgow model is captured and disseminated in a way that enables criminal justice agencies and key service providers across Scotland to develop and adopt effective local approaches to the courts handling of domestic abuse cases.

Action taken forward under the Delivery Plan will therefore support the Scottish Court Service, Crown Office and agencies involved in or linked to court services across Scotland to contribute towards -

• Improving the life chances for children, young people and families at risk as a consequence of domestic abuse.
• Ensuring both child and adult victims of domestic abuse are able to live their lives safe from crime, disorder and danger as a result of ongoing abuse from the perpetrator.

Lead Government Divisions: Criminal Procedure Division, Equality Unit

Priority Area 5

Ensure children and young people affected by domestic abuse do not experience additional physical, emotional or psychological harm as a consequence of contact arrangements (both court and privately arranged) with the abusive parent.

Commitment

We will address the lack of Scottish research on contact arrangements in cases involving domestic abuse (court and privately arranged). From this evidence base, we will identify such measures as necessary to improve assessment, decision-making and planning processes in contact cases involving domestic abuse, and ensure appropriate facilities and resources are available to women and children to mitigate the potential risks of contact with the abusive parent.

Rationale

Provisions made in Sections 1 and 2 of the Children (Scotland) Act 1995 state that contact is both a parental right and a responsibility. It goes on to articulate that these rights should be fulfilled where they are in the 'best interests' of the child. Children's 'best interests', however, are generally defined by adults ( Archard, 2004) and there exists a social, political and legal sensibility that contact with both parents is always beneficial to children.

Positive outcomes through contact are inextricably linked to the quality and nature of the relationship between children and the non-resident parent, rather than to contact per se ( Lamb, 1997). 'Unsophisticated' and universal approaches to contact fail to take into account the fact that, in the context of domestic abuse, one parent is a threat to the other parent and to the child, and that this threat often increases after separation.

In Scotland, contact in cases involving domestic abuse was an issue keenly debated during the progress of the Family Law (Scotland) Bill as it progressed through Parliament in 2005. As a result, section 11 of the Children (Scotland) Act 1995 was amended to provide the factors that a court must take into account in determining the child's welfare when making orders about future contact or residence arrangements for children. These factors include -

Any domestic abuse, including its impact on:

• the safety of the child and other family members
• the ability of the person who engaged in domestic abuse to care for and meet the needs of the child;
• and the appropriateness of making an order that would require the parents to cooperate on issues affecting the children.

It is too early to evaluate the amendments to the Children (Scotland) Act 1995 and knowledge in relation to contact, domestic abuse and court processes, including the outcomes of court-arranged contact for children and their mothers is limited. Concerns have been raised by Scottish Women's Aid and other service providers that women and children are often disadvantaged by being unaware of their rights under section 11. Their disadvantage can be compounded by a lack of awareness amongst court practitioners of the nature of domestic abuse and of the relevant legislation, leading to solicitors not adequately representing women or children and contact being awarded to the abusive parent.

Equally, very little is known about the processes and outcomes of privately arranged contact in cases where there is a history of domestic abuse. As the majority of cases involving issues about contact are negotiated privately, this is an area which clearly requires attention.

Frequently, an outcome of negotiations, both in court arranged and privately arranged contact, involves referral to family contact centres. The volume of referrals far exceeds centre capacity across Scotland, with some rural areas offering no contact facilities at all ( McGuckin et al, 2004). Furthermore, concerns have been raised with respect to the capacity of centres to provide a safe environment for families affected by domestic abuse, especially when women and children are at high risk of repeat victimisation from the abusive parent. Confusion about the services centres offer - mainly around the difference between 'supervised' and 'supported' contact - can lead to both legal practitioners and families having unrealistic expectations of how contact visits will be managed. (National Centre for Scottish Research, 2004)

What children and young people have told us

Children and young people affected by domestic abuse have very different views about whether and how they want contact. After separation children's fear of their father is often compounded by fear of what might happen if they see him again. (Morrison, forthcoming; Mullender et al, 2002).

"I am very scared and frightened of my daddy. I am mad with my daddy for hurting my mummy and me and my sisters and brother, I want my daddy to stay out of my life but he is taking it to court to see us… I am very scared in case no-one listens to me, I want to be heard what if they don't listen? I don't want to be made to see my dad please help me and my family." (Tara, 8 years in Barron, 2007)

"…sometimes it starts off like that (contact with fathers) and then they'll hold them (the children) hostage and want custody.' (Child from Morrison, forthcoming)

Other children report feelings of loss and confusion, of hating the violence but also of wanting him to remain part of their lives

"I kind of missed my dad when my mum and dad split up. But I kind of didn't cause of all the things he did. Once they get in contact with you, you just act all weird. Cos like you're happy and sad at the same time. You go depressed." (Child from Morrison, forthcoming)

"He hurt my mum, so I don't know what makes me want to keep seeing him" (Child in Morrison, forthcoming)

Children consulted on the Delivery Plan felt strongly that the violence should stop for there to be contact and that they should be safe, and the vast majority of children were very sceptical about violent fathers ever changing (Smith et al, 2008). Children also feel that they should be consulted on whether they want contact in the first place and, if they do want contact, on how it should take place -

"Do something fun, something safe. Something like where there are CCTV cameras or guards. Something that someone could see what was happening." (Child in Morrison, forthcoming)

One child in Morrison ( forthcoming) was particularly frustrated that their opinion was not considered because of their age: 'you've got to be over twelve to decide.'

Children's accounts across studies showed the ongoing manipulation and abuse of both women and children through contact (Houghton, 2008b) Many children give vivid examples of abusive contact and the distressing effects of contact calls, visits and using contact centres.

"Because if you're scared, they might scare you over the phone - like say I'm coming to get you. And if you say you don't want to go they might say I'm going to get your mum arrested and say it's her that's been hitting you. Sometimes he'd tell my sister to tell my mum stuff to scare her." (Child in Morrison, forthcoming)

One child described her father using contact as an opportunity to "pump her for info" ( Girl aged 12 in Mullender) about the mother and her movements while another child described the disappointment of the father not turning up at a contact centre for an arranged visit.

INT:How does it make you feel when he doesn't turn up?

RES:Quite sad cos we only get to see him once a week and he doesn't turn up, cos he does not like doing it with social workers. Cos he doesn't like getting listened to. (Child in Morrison, forthcoming)

How will we take this work forward

Actions: Year 1

• We will develop a greater understanding of contact cases involving domestic abuse (both court and privately arranged) by engaging with, and drawing on the experience of, parents, children legal practitioners and others.
• We will work with colleagues in Family Mediation Scotland, other contact centre providers and relevant agencies to explore the contribution of centre services to providing a safe environment for contact between children and the abusive parent.

Actions: Future Work

• Drawing on the evidence base from research into contact and from the work outlined above, we will work with partners in Government and relevant organisations to identify and test such measures which are necessary to improve decision-making in contact cases (both court and privately arranged) involving domestic abuse.
• Building on work with Family Mediation Scotland and other centre providers, we will identify and develop such measures that are necessary to improve contact centre provision for children affected by domestic abuse.
• We will ensure that findings from research and knowledge gained from the work outlined above is captured and disseminated in a way that is accessible and of value to relevant stakeholder groups, including practitioners in legal agencies, organisations working with women and children affected by domestic abuse and the general public.

Key Outputs

• Increase in knowledge around the issues surrounding contact arrangements in cases involving domestic abuse (both court and privately arranged) and corresponding increase in awareness amongst relevant stakeholder groups.
• Increase in knowledge around issues surrounding contact arranged through family contact centres in cases involving domestic abuse and corresponding increase in awareness amongst relevant stakeholder groups.
• New measures, identified based on evidence of need, developed and tested to assess effectiveness in improving contact arrangements and provision for children affected by domestic abuse.

Outcomes

Action taken forward under the Delivery Plan will enable Government, local government and other key delivery partners including the range of practitioners involved in civil court proceedings, the Law Society, Scottish Women's Aid and Family Mediation Scotland, to develop shared understanding of the issues surrounding contact for families affected by domestic abuse and work collaboratively to design and put in places measures which help ensure that contact arrangements do not compromise the safety and wellbeing of child and adult victims of domestic abuse.

Action taken forward under the Delivery Plan will therefore support Government, local government and the range of delivery partners to contribute towards -

• Improving the life chances for children, young people and families at risk as a consequence of domestic abuse.
• Ensuring both child and adult victims of domestic abuse are able to live their lives safe from crime, disorder and danger as a result of ongoing abuse from the perpetrator.

Lead Government Divisions: Family Law Division, Equality Unit, Safer Children, Stronger Families Division

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