Hitting Home - A Report on the Police Response to Domestic Violence 1997

INTRODUCTION

BACKGROUND

2.1 Domestic violence is serious crime. It claims more lives, results in more injuries, and affects more people, more frequently than bank robberies or gang warfare.

2.2 Statistics compiled by The Scottish Office show that 233 women were victims of homicide over the ten years from 1985 to 1994. Half of these women were killed by their partners. During the same period 656 men were victims of homicide but only 7.3% of them were killed by their partners.

2.3 Homicide is of course the most extreme form of domestic violence. The more common crimes are assault and breach of the peace, but it can also manifest itself as vandalism, threats, and sexual assault. Often behaviour which may not always amount to a crime (mental and emotional abuse) is described by commentators as domestic violence. In Scotland and the rest of the United Kingdom adult domestic violence has justifiably been the subject of much research and debate over the past two decades. Surveys of victims carried out in Britain and the U.S. in the 1980s suggested that, at that time, only a small proportion (somewhere between 2% and 15%) of domestic assaults against women were reported to the police. Later Scottish research revealed in this Report (Chapter 3) suggests that this proportion has increased but is still not as high as for other crimes.

Organisational Response

2.4 As a result of this type of research and national debate, as well as of concern within and outwith the police service over a perceived inconsistency in police response, central government issued guidance to police forces which aimed to impose a degree of consistency.

Assaults within the home are a significant call on the resources of the police and they present investigating officers with particularly difficult problems. The Secretary of State recognises both the demands which investigating such cases place on police officers and the particular needs of victims.

Extract from Scottish Home and Health Department Police (Chief Constables) Circular No.3/1990

2.5 The Scottish Office guidance took the form of the above circular which was drawn up after consultation with the Association of Chief Police Officers in Scotland (ACPOS), Scottish Women's Aid and the Convention of Scottish Local Authorities. The circular advocated the following important principles to guide Scottish police forces:

• assault within the home is a crime which demands the same standard of investigation as other allegations of assault
• safety of the victim and any children must be a major priority: medical attention and assistance in finding temporary alternative accommodation should be arranged where needed, and forces should ensure that likelihood of risk to any children is assessed by other appropriate agencies
• statements should be noted in private and corroboration of medical evidence obtained where possible
• where there is sufficient evidence, police should explain to victims that the procedure is to charge alleged assailants and report to procurator fiscal
• there must be a presumption in favour of arrest for serious cases
• officers must be prepared to advise victims of other sources of advice and assistance
• forces should maintain contact with victims to keep them informed of developments
• police training must be kept under review
• all complaints of domestic violence should be recorded
• forces should work closely with other agencies.

2.6 Since 1990 police forces in Scotland have developed different ways of applying these principles, occasionally looking elsewhere in the U.K. for examples of good practice. Further research and debate at national and local level have helped to keep the issue alive and advance new ideas. Recognising that separate development can have negative as well as positive results, and seeking to ensure that good practice in this important area of policing is identified and spread, the Inspectorate decided to conduct this Thematic Inspection of all eight police forces in Scotland in 1996.

Individual Response

2.7 Some of the police statistics and evidence from Scottish Women's Aid referred to later suggest that Scottish police forces have improved the way they respond to incidents of domestic violence. Much of this improvement must be the result of a change in approach by current management, but it is to the particular credit of the present generation of constables that attitudinal change has had an effect at the level of individual incidents. This generation inherited the vestiges of a less enlightened age from their distant predecessors (and from society as a whole) which, at its worst, promoted a policy of non-intervention in domestic violence. That inheritance has all but disappeared, indeed some of the longest serving constables spoken to during inspection revealed the most enlightened attitudes. However, there is some evidence to suggest that the improvement is neither comprehensive nor absolute.

2.8 Deliberate efforts to recruit a wider age, gender mix and experience range of constables over the past decade have had beneficial effects in many ways. One of these is that beat and community police constables in the 1990s reflect that broader range. Nevertheless, many are still young adults who have limited personal experience of long term relationships, certainly very little if any experience of being at the receiving end of an abusive relationship. The working experience which they do accumulate of abusive relationships, which is re-enforced by the shared experience of colleagues, is generally limited to the crisis points. They witness the immediate aftermath of violence or other forms of abuse something which very few other interested agencies have to face with all the confusing messages given out by partners who are, understandably, at their least rational. This does not mean that officers are poorly qualified or equipped to deal with domestic violence, but it does mean that police training and guidance must take account of any gaps in knowledge and understanding.

2.9 As will be described in Chapter 4, officers attending 'domestic disputes' seldom have any knowledge of the previous history of a relationship and may indeed not even know the nature of the call until they speak to the people involved. Accumulated experience also tells them that sometimes victims are reluctant to co-operate with investigation, or will later retract statements, and few officers have a complete understanding of the complex reasons behind such behaviour. This also applies to the fact that many victims return to, or remain in, abusive relationships.

2.10 None of these factors operating on the discretionary mind of a police officer can excuse improper reaction to domestic violence. But it is of the utmost importance that all of them are acknowledged by all of the agencies involved in attempting to tackle this type of crime and especially by senior police managers.

REMIT

2.11 The remit for the Inspection was:

"To examine the means by which Scottish police forces, in dealing with adult domestic violence, aim to:

• serve the special needs of victims
• enforce the law
• contribute to the deterrence and prevention of repeat crimes

Using this examination, the Inspection should seek to identify good practice and make recommendations for improvements."

METHODOLOGY

2.12 A review of recent research, and of practice outside Scotland, was conducted with the help of the Home Office Police Research Group, the libraries of The Scottish Office and The Scottish Police College, and Scottish Women's Aid. Pre-inspection visits to all forces, to establish current practice and seek statistical data, were conducted by a staff officer at the Inspectorate, Chief Superintendent Malcolm Dickson. A temporarily seconded officer, Chief Inspector Alastair Neilson of Strathclyde Police, undertook a review of relevant training at The Scottish Police College.

2.13 The formal Inspection visits to Fife Constabulary, Dumfries and Galloway Constabulary and Lothian and Borders Police, as well as to Scottish Women's Aid (where national and local workers were represented), were conducted by the then Assistant Inspector of Constabulary, Mr. Douglas McMurdo, QPM, BA, accompanied by Chief Superintendent Dickson. Following Mr. McMurdo's retiral the remaining Inspection visits were undertaken by HM Chief Inspector of Constabulary, Sir William Sutherland, QPM, assisted by Chief Superintendent Dickson.

2.14 During Pre-inspection and Inspection visits, discussions and interviews were conducted with senior police officers with policy responsibility for domestic violence, middle managers and supervisors, domestic violence liaison officers (where designated), communications room staff, community constables and beat constables. Discussion also took place with Victim Support Scotland.

2.15 The Central Research Unit of the Scottish Office was able to provide an early analysis of data relating to domestic violence from the 1996 Scottish Crime Survey which is referred to in the following chapter.

REFERENCES TO FORCES

2.16 Published Reports on Thematic Inspections aim to refrain from identifying individual forces by name. In this instance, in order to cross-refer within the Report, and to allow forces to identify information relating to themselves, the eight forces have been allocated one of the first eight letters of the alphabet at random.