Appendix

An Garda Síochána

The recently published policy of An Garda Síochána on Domestic Abuse Intervention identifies their key role as ‘the provision of information, support and protection to victims’.

This policy also

• Encourages the making of an arrest, where appropriate. • Addresses the actions expected to be taken by An Garda Síochána personnel when dealing with reported incidents of Domestic Abuse, from the time of receipt of the initial report. • Provides guidance regarding obtaining background information for first responders and gathers evidence even in the absence of a criminal complaint. • Provides advice to victims; the undertaking of follow-up actions; PULSE recording; liaison with Tusla, the Child and Family Agency; and intervention to prevent escalation of abuse.16

An Garda Siochana have a pro-arrest policy. The Gardaí have additional powers if there is a court order in place.

Tusla Child and Family Agency

Tusla has a primary responsibility to promote the safety and wellbeing of children and as such must always be informed when a person has reasonable grounds for concern that a child may have been, is being or is at risk of being abused or neglected. Such Child Protection concerns need to be supported by evidence that indicates the possibility of abuse or neglect.

In the case of Domestic Abuse, initial referrals are generally made by the Gardaí (who will be called to attend an incident where there is a child/children present within the household) to the local Duty Social Work team. Where the Garda attending believes there is an immediate risk to the child, they will issue a Section 12, which will in turn enable the duty social worker to access an out-of-hours bed. Specialist Domestic Abuse services also provide initial child protection/welfare referrals.

16 An Garda Síochána (2017) Domestic Abuse Intervention Policy (2017). https://www.garda.ie/en/Crime/Domestic-abuse/Domestic-Abuse-Intervention-Policy-2017.pdf.

Where it is suspected that a child is at risk, a report must be made under Children First. The term ‘Children First’ was originally used in relation to ‘Children First: National Guidelines for the Protection and Welfare of Children’ (first published in 1999 and since reviewed and updated on a number of occasions, most recently in 2017). Since the enactment of the Children First Act 2015, it is now a generic term used to encompass the guidance, legislation and implementation of both the guidelines and the Act. Children First relates to the recognition of child abuse and neglect, the reporting of same to Tusla Child and Family Agency, and best practice to which organisations should adhere to keep children safe while availing of their services. Non-statutory obligations for all persons coming into contact with children are set out in the Children First Guidance, and the Children First Act 2015 sets out additional statutory obligations for defined categories of persons and organisations providing relevant services to children. Society has a duty of care towards children, and everyone should be alert to the possibility that children with whom they are in contact may be being abused or be at risk of abuse.17

A joint working protocol for An Garda Síochána/Tusla Child & Family Agency was introduced into practice to ensure that:

• The safety and welfare of the child is promoted • Everything possible is done to assist the criminal investigation • Everything possible is done to assist the Child Protection and welfare assessment • There is an effective flow of relevant information between both agencies • Decisions and actions follow consultation with and between both agencies18

CHILD WELFARE AND PROTECTION19

‘Woman protection is child protection’ (Liz Kelly). This also applies where the man is the survivor, so ‘survivor protection is child protection’. Every social and health care professional has the responsibility to endeavour to ensure the safety and wellbeing of children in the home. Intimate partner violence can increase the risk of all forms of child abuse. Children may witness, be forced to watch, participate in or be victims of the violence. The impact of this on children can result in behavioural, social and emotional problems; cognitive and attitudinal problems; longer term psychological problems; and physical injury or death. Primarily, it is the man who poses this risk and the mother is the non-abusing parent, but this might not always be the case.

The risk of severe Domestic Abuse increases with the presence of children, with 75% of women seeking refuge accompanied by children, while the risk of severe abuse for women who have children increases by more than 50% at the point of separation (Watson & Parsons 2005). The survivor may, however, be abusive to the children themselves, possibly using physical abuse to control the children to prevent worse consequences for them from the

17 Children First, Tusla https://www.tusla.ie/services/child-protection-welfare/children-first/. 18 https://www.tusla.ie/uploads/content/CF_Joint_Protocol.pdf. 19 https://www.tusla.ie/uploads/content/Domestic_Practice_Guide_on_DSG_bassed_violence.pdf.

perpetrator or due to the stress of their situation (Bragg 2003). The adult survivor’s ability to adequately parent or protect the children may be affected by their experience of violence. It is essential that initial and ongoing assessment tools are used to measure the level of risk of all forms of abuse to which the children are exposed whilst in the home and who they are at risk from.

On a positive note, one study revealed ‘a significant improvement for women and children six months after the end of the violent relationship, as the women reported significant decreases in the rates of stress and depressive symptoms’ (Holden 1998).

Fears of having children removed from their care can result in survivors of Domestic Abuse experiencing statutory social work services as inherently threatening. It is also a false premise for professionals to equate separation with safety, as the research shows the violence often continues after the survivor has left the relationship (Stanley 2011).

David Mandel & Associates’ (2011) ‘Safe and Together’ model is behaviour-based on the premise that intimate partner violence is not located in the relationship but in the perpetrator’s choices and behaviour. Mandel argues that we have traditionally approached intimate partner violence through the lens of ‘why doesn’t the victim leave?’, which inevitably leads to the non-offending parent being held responsible for keeping the child(ren) safe. Instead, the ‘Safe and Together’ model recommends a paradigm shift based on a greater focus on the role of the perpetrator. Practitioners can achieve this through the consideration of two questions when assessing intimate partner violence situations, particularly where there are child welfare and protection concerns: (i) Ask about the perpetrator’s pattern of Coercive Control and; (ii) Get details of the abuse so a full assessment of danger and impact on the children can be made. Interventions with perpetrators are focused on changing these behaviour patterns. In addition, the professional should seek to ‘partner with the non-offending parent as a default position’ by asking about the ‘full spectrum of the nonoffending parent’s efforts to promote the safety and wellbeing of the child’, validating those strengths and collaboratively safety planning with non-offending parent. For further details on the model, visit www.endingviolence.com.