It is for this reason that domestic abuse forms a significant part of many Family Court cases involving children and that local authorities are extremely concerned for children who are living in households where domestic abuse is taking place.
It is important that domestic abuse is reported to the police and that legal advice is sought to consider what protective measures may be available, both for the ‘direct’ victim and for any children in the household. Any reports to the police regarding domestic abuse where children are involved will trigger a referral to children’s services. This is not a reason not to report domestic abuse, as a failure to do so may be considered a failure to protect and safeguard a child who is suffering from abuse in the household.
If the local authority is concerned about ongoing domestic abuse in a child’s life or what a child has been exposed to, they may decide to become more involved with a family. This could be by convening a Child Protection Conference, entering into the PLO process or, in extreme cases, making an application to the court for a care or supervision order. In these circumstances, it is important to work with the local authority to address any concerns, but also to seek legal advice in respect of your position and your options moving forwards.
If you or someone you know are a victim of domestic abuse, it is critical that you seek the support of local agencies who will be able to help[3].
[2] Practice Direction 12J, paragraph 4 - Domestic abuse is harmful to children, and/or puts children at risk of harm, including where they are victims of domestic abuse for example by witnessing one of their parents being violent or abusive to the other parent, or living in a home in which domestic abuse is perpetrated (even if the child is too young to be conscious of the behaviour). Children may suffer direct physical, psychological and/or emotional harm from living with and being victims of domestic abuse, and may also suffer harm indirectly where the domestic abuse impairs the parenting capacity of either or both of their parents.
[3] Refuge – 0808 2000 247 / West Mercia Women’s Aid – 0800 980 3331 / West Mercia Rape & Sexual Abuse Support Centre – 0808 500 2222
If you require legal advice please contact Phil Harris at QualitySolicitors Parkinson Wright - 01905 721600