Transcript TCG Update for CSE Missing Children

Reducing Risk in Domestic
Abuse –Police Options.
The Tool Box.
• Specific Legislation -e.g. s46 Children’s
Act
• Government-backed guidance
• Civil legislation
• Criminal Legislation-arrest etc
• Prosecution and Bail
• Licences and Orders
• Victim/witness engagement
Clare’s Law (DVDS).
Clare’s Law.
• Clare Wood (36) murdered in 2009.
• Ex-Boyfriend had history of significant
offences with other partners , unknown to
her
• Known as Domestic Violence Disclosure
Scheme (DVDS)- implemented March 2014
• It is a Scheme, not legislated
• Uses existing Data Protection principles to
be more pro-active
• Multi-agency or single agency
Clare’s Law-Basic Principles.
• UNDER CLARE'S LAW, OTHERWISE KNOWN AS THE
DOMESTIC VIOLENCE DISCLOSURE SCHEME, MEN AND
WOMEN CAN REQUEST INFORMATION ABOUT THEIR
PARTNER, OR THIRD PARTIES SUCH AS FRIENDS OR
RELATIVES CAN MAKE REQUESTS IF THEY ARE
"CONCERNED".
• POLICE AND OTHER AGENCIES INCLUDING SOCIAL
SERVICES THEN CONSIDER WHETHER RELEASING
INFORMATION ON SOMEONE'S PAST IS "NECESSARY,
LAWFUL AND PROPORTIONATE" TO PROTECT
SOMEONE FROM THEIR PARTNER.
• REASONS FOR INFORMATION NOT BEING RELEASED
INCLUDE A PARTNER NOT HAVING A RECORD OF
ABUSE OFFENCES, OR THERE BEING NO "PRESSING
NEED FOR DISCLOSURE" BASED ON THE INFORMATION
FOUND.
from http://www.bbc.co.uk/news/uk-30977759
Clare’s Law- How does it work?
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An application in person/by phone-Right to Ask
An agency highlights risk- Right to Know
The applicant does not have to be the person at risk
Face to Face Interview takes place
Police disclosure can include non-convictions, or
behaviours
Agency checks can highlight concerns-such as
Probation/ CSD/ ASD etc
Can be referred to a MARAC if there is not a
pressing need to take action
‘Decision Making Forum’
Normal process - within a month.
Clare’s Law - to date.
• Around 200 applications under both aspects
(Right to Ask & Know)
• Identified weekly by police
• Around 50+ disclosures
• Children feature in most
• Positive’s- many
• Negative’s- few. Most significant is overlap
with CP information sharing .
Project Cara.
Background
• Significant issues with Domestic Abuse:
– Victim refusal in terms of involvement: focus
on offender as opposed to victim
– Simple caution not providing solution to
prevent reoffending
– Cost to public
– Court sanctions also do not always address
offending behaviour
– Case attrition at court
– Alternative approach?
What is Project CARA?
• Randomised Controlled Trial
• Hampshire police led in conjunction with
partners
• Domestic Abuse cases utilising
Conditional Caution as opposed to
simple caution
• Comparison of reoffending between
offenders subject to offending
workshops and those not subject to this
condition
• Victim focussed research
Workshops
• Feedback from attendees has been
overwhelmingly positive and is testament to
the quality of the workshop delivered by
Hampton Trust.
• This is also reflected in the victim work being
carried out.
Domestic Violence Protection
Orders (DVPOs)
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Legislated March 2014 after pilot in 2012
Started in Hampshire in May 2014 (pilot)
Rolled out force wide July 2014
Civil legislation –Crime and Security Act 2010
Two stage process-DVPN then DVPO
• ‘Breathing space’ for victims
• Doesn’t need consent of the victim
• Significant powers to exclude offenders from an
address
DVPOs in practice
• Police pay for each application at court-rises to £700
for a contested hearing. Costs can be awarded
against police.
• Very dynamic in terms of getting a DVPN served
whilst a person is in custody
• Paperwork
• History of victim (i.e. if they have offended)
• Child protection is a continuing theme as to the
necessity to go to court
• S47 investigations can often help us as it is part of
the ‘breathing space’ and the court can see this as
part of working with the victim.
DVPOs- the experience to date
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52 DVPNs authorised
39 DVPOs granted from 44 court hearings
Children involved in over 40 cases
The majority are high risk domestic or medium
risk domestic .
14 families subject to Child Protection
Numerous joint visits
Some excellent family support at court
Imprisonment for the majority of breaches –1
week to 3 months
Over half have not come into contact with Police
since a DVPO.
‘Die hard’ families.
Lastly, experience shows…
• Knowledge of powers – all of these are
multi-agency
• Awareness of what we each can do
• Experience comes through application of
these powers- one year anniversary for
Clare’s law and DVPOs
• Demand’s on services- but use of these
powers has and will reduce demand.
• The powers were not specifically designed to
protect children.
• But they do- and can do it well.