Domestic Abuse

Domestic Abuse - Making #YouAreNotAlone work in the workplace

Suzanne Todd and Jemma Thomas, from WithersWorldwide, review the definition of domestic abuse and how society including employers must raise its awareness of the problem.

Living through a global pandemic inevitably invites questions about the society in which we live: who do we protect, who do we prioritise, who do we respect and who gets forgotten or overlooked?

Those experiencing domestic abuse need support. Refuge (which provides specialist domestic abuse services) reported that calls and contacts to their Helpline experienced a weekly average increase of 66% and visits to their website had a 950% rise compared to pre-pandemic times.

As a family team at Withers, we have seen a sharp rise in the number of cases with police intervention; in part due to the increased number of incidents but also due to the increased focus on the importance of intervention in cases of abuse.

The government were clear that they wanted to offer protection and support: launching their #YouAreNotAlone campaign and encouraging people to put pictures of a handprint embossed with a heart to show solidarity. An important part of the message was that we need to take collective responsibility – to look out for those who might be unable to seek help. One of the ways in which employers can help, is to be aware of what others might be going through and offer support.

What is domestic abuse?

The government definition of domestic abuse has widened over time; it includes emotional, psychological and financial abuse as well as physical and sexual abuse. Importantly in 2012 it was extended to include a 'pattern of behaviour' to acknowledge that it is not just one-off incidents that are relevant. It was also extended to include 16-18 year olds due to pressure from the police, local authorities and voluntary organisations to protect young adults.

Since 2015 controlling or coercive behaviour has become a criminal offence; this includes humiliation and intimidation used to harm, punish, or frighten, and behaviour designed to make a person dependent by isolating them, and by regulating their everyday behaviour. These broad definitions show an understanding of the multitude of ways in which abuse can take place.

The new Domestic Abuse Bill would create for the first time, a cross-government statutory definition of domestic abuse, to ensure that domestic abuse is 'properly understood'. This consistent approach should improve society's understanding of what abuse is and what protection is available.

The court's response

The family court has made changes to its procedure and guidance to ensure that those alleging abuse are properly protected within the court system. On 25 June 2020, the Family Court announced an overhaul of the court process to provide a better service in domestic abuse cases: separate building entrances and waiting rooms and protective screens to shield those alleging abuse; prevention measures to stop partners from bringing repeated cases as a way of continuing domestic abuse; and piloting family and criminal matters in parallel to provide greater consistencies. These measures indicate a better understanding of the intrinsic difficulties in court proceedings for those who have been controlled or abused by the other party.

If the Domestic Abuse Bill becomes law it would protect those alleging abuse from being cross-examined by their alleged abuser. An enormously important development in allowing survivors of abuse true access to justice.

The Court's response is a helpful insight into the need to provide particular measures of protection for those in abusive relationships. But what measures are appropriate in the work place?

What can you do?

Raising awareness that domestic abuse affects people regardless of status, class, income bracket or educational background helps to ensure that employers are not making assumptions as to who might need support. Abuse can take place within any relationship and men also experience domestic abuse (ONS statistics showed that in 2018 695,000 men and 1,300,000 women suffered domestic abuse in England Wales). Senior staff may need training as to what to look out for, how to conduct sensitive conversations, and their responsibilities in terms of a duty of care.

Encouraging open and understanding conversations can allow people to share their concerns. Also having good signposting as to where to seek help (both in the office but also externally for example helplines) It is important to make domestic abuse a part of the conversation, to remove any stigma and encourage collective responsibility.

Examples of what to look out for are: changes in behaviour; in terms of attendance and performance but also a willingness to talk openly. It is not so much bumps and bruises as a change in demeanour. Often the start of abuse involves isolation and instilling a reluctance to involve other people so it is important to tread carefully and not be judgmental.

All these measures are especially important in the current environment when so many more people are working from home.

Where can you get help?

The government has issued guidance on the support available (here) and has launched a public awareness campaign to highlight the help available, for example 24 hour National Domestic Abuse Helpline number – 0808 2000 247 – run by Refuge, and www.nationaldahelpline.org.uk.

Suzanne Todd Partner, Head of Family & Trust, Estate and Inheritance teams, Regional Divisional Leader Dispute Resolution (Europe) – Withersworldwide

Jemma Thomas Professional Support Lawyer, Family Department Withersworldwide