Hitting Home - A Report on the Police Response to Domestic Violence 1997 5.1 Monitoring of individual incidents at operational level is essential for consideration of:
5.2 Five of the eight forces clearly identify a post at operational level which has nominated responsibility for daily monitoring all individual cases of domestic violence once initial action has been taken, so that the above issues can be considered. Each of these forces has designated domestic violence staff and it happens that in four of them, that responsibility is vested in those staff. 5.3 Nevertheless, this type of monitoring need not be undertaken by specialist staff. In one of the other forces, where incidence is not proportionately high, local commanders are expected to decide themselves on the nominated monitoring officers, and in the largest command area within that force this is undertaken by the community safety sergeant who carries out the task on a weekly basis. In another force, repeat victimisation, custody cases and serious assaults only are monitored, at chief inspector level. In the eighth force monitoring on a regular basis is encouraged but patchy, although conducted well in one division by the community involvement branch which also acts as the liaison point for other agencies on domestic violence issues. 5.4 The Inspectorate believes that all domestic incidents need to be monitored daily by someone who has ready access to information on any relevant previous incidents. The rank of this individual is irrelevant: most of the domestic violence staff in the five forces where they exist are constables and undertake the task with competence. However, good practice was found in several forces where ranking officers with line management responsibility for these staff were routinely advised of cases which were either serious enough to merit further investigation by CID or other investigators, or where repeat victimisation required consideration of protective action. Recommendation 5 That all forces allocate responsibility for daily monitoring of individual domestic incidents to a nominated post or posts and that operational line managers of these posts are also allocated responsibility for supervision of that function. 5.5 Findings reported in Chapter 2 showed that, at strategic level (command unit and Force HQ), monitoring of incident statistics is essential to inform local and force-wide strategy. In most forces the collation of such statistics as are currently maintained is undertaken by the designated domestic violence staff or those nominated to monitor individual incidents. The Inspection found that not all forces regularly consider these statistics at strategic level and that, in a few forces, the policy responsibility for domestic violence was not clearly focussed in a central senior post. In the larger forces there is obvious merit in allocating local strategic as well as a force-wide strategic responsibility, particularly where rates of incidents vary across divisions/command areas. Recommendation 6 That all forces allocate responsibility for domestic violence policy and monitoring of statistics at force level and that the three largest forces also mirror that responsibility at local command level. 5.6 Daily monitoring of reports of domestic incidents allows for a degree of independent review of the initial action taken. This is not an admission that officers dealing with domestic incidents willfully mishandle the situation: rather an admission that domestic incidents can be extremely difficult for generalist police officers to deal with and that therefore a detached review from a specialist officer, or at least an officer who has gained a more in-depth understanding of the complexities involved than is possible for the 'general practitioner' constable, is of value. 5.7 Dedicated domestic violence officers in four of the five forces which have established such posts (the fifth force was about to introduce these posts at the time of Inspection) undertake this type of quality control. Several of the experienced officers in these roles were comfortable enough with this aspect of their work, and commanded enough respect from their operational colleagues, to make personal approaches to officers when they felt that corrective guidance was needed. In other circumstances, or where such an approach does not have the desired effect, intervention from a more senior rank may be required and this can be provided by the responsible line manager (Recommendation 5). FURTHER INVESTIGATION - The Cold Light of Day 5.8 One of the difficulties faced by operational officers in dealing with the 'crisis points' of domestic violence is that they are often dealing with two people who were the only witnesses to an incident but who are not willing or able to provide rational accounts of what has happened. Even when allegations are clear they may be contradicted by counter-allegations. Other evidence has to be sought and the Inspection found that operational officers were well aware of their duties in this respect. 5.9 Even so, best efforts at the time of initial attendance may fail to reveal sufficient evidence to justify a charge. As in other cases of personal violence however, there is always the possibility that evidence not available at the time (appearance of visible bruising, witnesses to behaviour immediately prior to or after the event, overheard disturbance etc.) may be revealed by enquiry at a later time. The added possibility in domestic violence is that the passage of time may allow the victim the opportunity to come to a more rational or informed appraisal of the situation than was possible in the immediate aftermath. For all of these reasons it is important that, at least in cases where there has been an allegation or suspicion of physical assault, the possibility of further investigation is considered within 24hrs of the initial report. 5.10 The Inspection found that there was a wide divergence of approach to this aspect of response. Those forces or parts of forces where daily monitoring of individual incidents is undertaken obviously have the opportunity to use this to consider further investigation. Most of the officers involved when pressed on the matter agreed that investigation was a factor to be considered but several of them clearly felt that it was not their responsibility. This is appropriate where other means of investigative review and progression are in place - such as was the case in at least two forces (resting with a specifically nominated CID officer). However, it was apparent that, in the majority of forces such a responsibility was not clearly allocated. 5.11 Some of the difficulty may arise from the fact that all of the forces which have designated domestic violence staff have made it clear that these officers are not domestic violence investigators. There are two good reasons for this: investigation of most crime is best undertaken by the officer initially in attendance; and the limited staff available as dedicated domestic violence staff would be logistically incapable of handling all domestic violence investigations in addition to the other valuable work they carry out. 5.12 However, this does not prevent them from reviewing the need for further investigation by some other officer and recommending that action to a line manager, as some of them already do. Most significantly, these domestic violence officers all make some kind of follow-up contact with a proportion of victims and are therefore often in a position to reveal, in those cases, the type of subsequent evidence already referred to above. In one part of a force which has no designated domestic violence staff, follow-up visits, when considered necessary and suitable, are conducted by the community constable covering the area in which the victim resides, and this again should afford the opportunity to ascertain if further evidence is available. 5.13 In giving proper regard to the other needs of victims of domestic violence after initial investigation it may be that the responsibility of the police to pursue all lines of enquiry has occasionally been side-lined. 5.14 The Inspectorate feels that this is an issue which can be addressed simply by most forces since enabling reporting structures are generally already in place. It matters less how it is done than that it is done. Recommendation 7 That forces clarify responsibility for consideration of further investigation in domestic incidents involving allegations or suspicion of physical assault. 5.15 This responsibility may be combined with that of daily monitoring of individual incidents (Recommendation 5). If not, it is obviously important that there are clear lines of communication between the two nominated posts. 5.16 Home Office research, and the 1996 Scottish Crime Survey already referred to in Chapter 3, clearly indicate that domestic violence probably has the highest rate of repeat victimisation of any crime. Two of the most fundamental responsibilities of the Scottish police service are to prevent crime and protect life. Only by recognising the high rate of repeat victimisation in domestic violence and by devising ways to minimise that risk, unilaterally and in partnership with other interested agencies, can forces hope to meet these responsibilities. Efficient Use of Resources 5.17 Recording and monitoring as already recommended contribute to the effort to protect by helping to identify those cases where early intervention is most needed. Most of the seven forces which operate some kind of intervention policy appeared to use sensible criteria for identifying such cases, rapes, serious assaults, all cases reported to the procurator fiscal, repeat victimisation. All forces concerned also indicated to the Inspectorate that criteria were flexible and that each case was assessed individually. 5.18 HMIC has a duty to promote efficiency and effectiveness in police forces. Prioritising the needs of victims in this way is a means of using limited resources (whether designated domestic violence or other staff) to target the most needy efficiently. It follows that the criteria used must be clearly understood by those implementing them. Recommendation 8 That forces draw up guidelines for identification of those victims of domestic violence who should receive follow-up attention. 5.19 The door cannot be closed to all others and so the concept of self-referral can also be used in an effort to reach those who need or desire further attention but do not appear to meet the criteria, as well as those who have not reported an incident at the time. Self-referral can be promoted by advertising specialist police services and by blanket offers to all known victims. Several forces practice forms of advertising (see Chapter 6) and two forces make the effort to offer their specialist services to all victims. 5.20 At the time of Inspection these two forces (F and H) sent letters to every victim of reported domestic violence acknowledging the fact that an incident had occurred to which police were called and offering further contact with domestic violence staff. (Some of the other forces used letters selectively as alternative means of contact for targeted victims when 'phone calls proved unsuccessful.) 5.21 When the use of letters was first mooted some disquiet was aired within forces and among local Womens Aid groups over the perceived risk of violent partners being antagonised should they find such mail. However, in the year or more since the use of letters began, none of the forces concerned had been made aware of such difficulties. Care in the wording of letters, to convey support in impartial language, is important. Nevertheless, one of the two forces has agreed to a request from Women's Aid to cease sending letters. An information card to be discreetly passed to victims at the time of initial report is being created instead. 5.22 During the Inspection, domestic violence staff in forces, and Women's Aid workers, could all quote instances when victims had not responded immediately to written offers of help (either letters or information slips/leaflets left by attending police officers) but had retained the piece of paper and were therefore able to make direct contact at a later date, sometimes much later, when the need arose. The Inspectorate has recommended the efficient targeting of victims most likely to need further police assistance but also recognises as good practice the complementary policy of making secondary contact with most victims of domestic violence as a means of ensuring that the maximum number of victims who might benefit from further police attention, or the services of other agencies, are at least afforded that opportunity. 5.23 Intervention after reported domestic violence, either by designated domestic violence staff or by generalist police staff, and/or other agencies, increases a victims knowledge of options and allows preventive measures to be considered. 5.24 Although most forces operating an intervention policy recognised that this might help to prevent or reduce repeat victimisation in individual cases, only one force (H) had made an attempt to measure that effect. Because Force H had no historical data to provide a before and after picture, the result is of limited but still significant value, and illustrates a measure which other forces could use to advantage. 5.25 The Force used the same parameters for a measure of repeat domestic violence which had been used in a Police Research Group Paper (6) and compared its own results with those quoted in that paper. Again different definitions mean that the comparison is unlikely to be statistically reliable, but the figures are given here to illustrate the principle. Time Course Repeat Domestic Violence Home Office Crime Prevention Project, February 1989 - March 1991
Time Course Repeat Domestic Violence Force H Domestic Violence Index (covering shorter period in 1996)
5.26 The figures for Force H at least indicate that repeat victimisation within 5 weeks appears to be relatively low, although examination of longer periods may present a different picture. It cannot be said that intervention has definitely brought about this low rate of repeat victimisation, but this is an assumption for which other evidence might be sought. As already indicated, Force H makes some form of follow-up contact with all known victims of domestic violence. It may be of interest to forces who do not yet operate in this way that this contact was a meeting (or series of meetings to a maximum of 4) in only 17% of cases in 1996 (Force H was the only force able to measure that proportion). 5.27 Further research in Scotland might help to demonstrate that targeted intervention is an even more efficient and effective use of police resources than previously thought, because it appears to reduce the amount of police time spent in responding to incidents of repeat victimisation. Anecdotal evidence offered by operational patrol officers in Force H certainly endorsed this view: they told the Inspectorate that they were attending fewer cases of repeat victimisation since the advent of intervention by designated domestic violence staff. 5.28 As well as identifying possibilities for further investigation, clarifying the criminal law in relation to domestic violence, and pointing to the assistance available from other agencies (see below) - all of which can help reduce the likelihood of repeat victimisation - further police contact can assess the need for physical crime prevention measures. In 1995, 23 Scottish women per day sought refuge from violence with Women's Aid 5.29 The findings of the 1996 Scottish Crime Survey referred to in Chapter 3 suggested that most domestic violence occurs between partners while they are living together. This is undoubtedly true, but it may be that the most serious forms of violence occur once a split has developed. There is evidence from the U.S.A. that women are most likely to be murdered by their partners when attempting to get outside help or to leave the relationship: in 1987/88 more than 90% of women killed by their partners in Minnesota were actively seeking help from an outside agency or attempting to separate. 5.30 Forces A, C, D, F, G and H provide some form of alarm or mobile phone, subject to certain criteria, to particularly vulnerable victims of domestic violence who have separated from their partners. In at least two of these forces the alarms/phones are also available to victims of other crimes, but experience has shown that domestic violence victims form the largest group of need. 5.31 Where mobile phones are provided these are programmed to make calls only to police headquarters. More expensive and perhaps more immediate is a personal alarm worn on a pendant which, when activated by the wearer, automatically sends an identifying signal to a manned control room. This type of alarm is provided to vulnerable victims in Force C, by local authority social work departments, through the police. In that area alarm calls are received by the emergency social work control room from whence they are relayed immediately to police headquarters. In Force H, similar alarms have been developed 'in-house' and send a radio signal directly to the Force Control Room. 5.32 In Force G a small number of mobile phones were provided by the Safer Cities project and rental is funded by other agencies, including the local Women's Aid group. In most forces review procedures are used, generally on a monthly basis, to ensure that best use is made of these limited resources. Forces C and G have conducted evaluation exercises, both of which indicated that the major benefit which phones/alarms brought to victims was a high level of re-assurance. 5.33 The Inspectorate recognises that this is a tangible way in which police forces, with the backing of local communities, can provide a degree of protection to victims of domestic violence who have taken the difficult decision to end a relationship. It is only right that funding for this form of community crime prevention should be sought from the community itself - local authorities; crime prevention and community safety panels; neighbourhood watch associations; churches and religious groups; women's groups; even Women's Aid (although their slim resources are already directed towards helping victims in other ways). Recommendation 9 That all forces should give consideration to the provision, on a short term basis, of mobile phones or personal alarms operating on telecommunications/radio systems to particularly vulnerable victims of domestic violence. 5.34 In some parts of some forces the Inspectorate found that local officers and their commanders had formed such a relationship of trust with the occupants and staff of Women's Aid refuges that there was an established system of regular police visits (often by nominated officers) to provide reassurance and act as a deterrent to unwelcome callers. It is a credit to both the police service and Women's Aid that this practice, which might have seemed impossible ten years ago, is now growing. HMIC encourages that growth. Information as Protection - The Need To Know 5.35 A few forces indicated that, with custody cases, they endeavour to give victims early warning of the release of accused from police custody. Unfortunately, the information systems of the separate parts of the criminal justice system do not yet have sufficient links to make such a valuable service easy to provide. Since this Inspection a new Victim Notification Scheme has been introduced which offers victims the option of being notified about an impending release of a convicted criminal from prison. However, there is currently no procedure in place to ensure that victims of domestic violence are informed of the granting of bail orders by courts, and of the conditions attached thereto, even when orders prohibit accused from making contact with the victim. Current development of the provision of information by criminal justice agencies to victims, and of linked information systems across the criminal justice system, must take these very real needs into account. 5.36 Women's Aid groups and local authority housing departments now have reciprocal arrangements with their counterparts across the United Kingdom to meet the needs of those victims of domestic violence who wish to flee some distance from their former partners. This is a very worthwhile public protection and crime prevention measure which has a high level of success. However, in the few instances when it is not successful it would be to the advantage of the victim and the local police if the latter were aware in advance of the situation. During Inspection two forces referred to occasions when offending partners had traced victims who had been re-located from England to new homes in Scotland and local police were unaware of the history. Any disclosure of information would obviously have to be handled carefully, and take into account the wishes of individual victims, but there would be clear benefit in a common practice. This may be a matter which The Scottish Office and Home Office could explore further. Information as Protection - of Children 5.37 The history of inter-agency approaches to the handling of family abuse within the UK teaches an important lesson. Information sharing is vital. 5.38 The Scottish Office Police (CC) Circular 3/1990 stated that It is also generally for the Social Work Department to advise the Reporter to the Children's Panel of cases where children are present in a home where assault has been committed, although in some regions police officers also routinely inform the Reporter. The priority is to ensure that the likelihood of risk to any children should be assessed by all the agencies involved and, if they consider that there is a risk, they should consider whether to convene an inter-agency case conference under the child protection procedures. This Inspection found that four of the eight Scottish forces had no formal policy on the way in which social work departments or reporters should be notified of incidents of adult domestic violence occurring in households with children. In some of those forces which did have procedures in place, the criteria which triggered notification were either loose or excluded information which would, at least cumulatively, be of use to the other agencies. 5.39 Indeed, the one force which at least counts the proportion of domestic incidents resulting in the social work department being informed by police (Force D) indicates that this only occurred in 2% of domestic incidents involving violence in 1995 and in 1% of such cases in 1996. This very low proportion cannot reflect the percentage of such incidents occurring in households with children. 5.40 The Inspectorate is aware of the perception that some victims of adult domestic violence would be, or already are, reluctant to report incidents if they feel that this might ultimately lead to their children being taken into care. This is a perception which has to be acknowledged in the way in which information-sharing is handled, but the safety of children must be paramount. 5.41 Equally concerning is the fact that in only three forces (B, C and H) were the databases maintained for domestic violence and child abuse automatically cross-checked for every new incident in either category. Individual staff in some other forces practiced some cross-checking on their own initiative, but this was not widespread. It follows that specialist staff in several forces working separately in the fields of child abuse and adult domestic violence could have dealt with members of the same household or family and have no knowledge of that fact. 5.42 The Inspectorate suggests that local authority social work departments may well wish to be notified routinely of domestic incidents involving actual or threatened violence between adults which have occurred in households with children whether they were present at the time of the incident or not. This is not to say that the notifying police officers should expect action to be taken in every case but it does ensure that the social services, who have a responsibility for the protection of children, are provided with information which may, together with other information already or later accumulated, merit consideration of action. Where any one of the children concerned is on the 'At Risk' Register, a referral should certainly also be made to the Reporter to the Children's Panel. Subsequent to this Inspection new powers in the Children (Scotland) Act 1996 were made available to courts, on the application of a local authority, to order the exclusion of a member of the household 'where a child has suffered, is suffering or is likely to suffer significant harm as a result of any conduct of the named person'. This important new legislation strengthens the need for good information flow between the police and social services. 5.43 These matters may involve some forces in refining their recording and checking procedures but should, in any case, be discussed with social services and the Reporter at force level. Recommendation 10 (i) That information systems used to record incidents of domestic violence are used to ensure that police personnel involved in child protection are made aware of all incidents in households with children. (ii) That forces develop a policy, in conjunction with , social work services and Reporters to Children's Panels, concerning those cases which should be reported to them. 5.44 The police can offer victims of domestic violence referral to other local public services such as housing (for accommodation needs), social work (for childcare), and medical services (for injury or substance dependency). They can also recommend self-referral to Women's Aid (for advice and support and/or refuge). A few forces also refer victims to local Victim Support services which, in 1995/96, dealt with 640 police and self referrals relating to domestic violence. Victim Support Scotland recognises the lead role of Women's Aid in this area but, due to increased requests for support and information from victims, is currently working on referral guidelines and appropriate volunteer training. 5.45 Such referrals can be offered at the time of the incident but it is also useful to iterate the offer during follow-up contact (by letter, phone or meeting) since the victim is less likely then to be in such a highly emotional state that information is not readily retained. 5.46 In the four forces which had designated domestic violence staff at the time of Inspection, this was seen by post-holders as one of the most important aspects of their work. The police service acts here as a vital link between victims and those who can provide the means to help end victimisation. One domestic violence liaison officer (the title generally given to these staff) related how grateful victims can be for this effort. She recalled victims who had described the police approach as 'breaking the isolation'. No other agency is as widely involved in outreach work of this kind. 5.47 Women's Aid perform a similar role but women victims must go to them for help. It is probably true to say that the police and Women's Aid meet the needs of slightly different, but overlapping, groups of victims, largely dictated by the perceptions of victims themselves. Women's Aid certainly see many victims who have never reported their experiences of violence to the police and the converse is also true. Where relationships between local police and Women's Aid groups are good, encouragement of victims to cross-refer can ensure that a better all-round service is available to all. 5.48 HMIC has absolutely no doubt that a support and advice service is required by victims of domestic violence. It can be more instrumental in ending violence than investigation and law enforcement. It is also clear that forces should be involved in identifying victims known to them who are most in need of such assistance. However, it could be argued that, for this aspect of support to be developed further in the future as it will need to be if a greater proportion of victims are to be helped than is possible at present it would best be handled by an agency better equipped to deal with longer term support and closer to the mainstream of social care. There is growing recognition in most other fields of community safety that responsibility does not rest solely or primarily with the police. At present the police service is attempting to meet some of the additional needs of victims of adult domestic violence. As demand grows, police forces will find it increasingly difficult to keep pace. |