Probation

Circular

NPS INTERIM DOMESTIC ABUSE REFERENCE NO:

POLICY AND STRATEGY PC54/2005

PURPOSE ISSUE DATE:

To issue to probation areas the Interim Domestic Abuse Policy and Strategy 14 July 2005
for the National Probation Service
IMPLEMENTATION DATE:
ACTION Immediate
Chief Officers should ensure that:
• The policy and strategy are implemented during the financial year EXPIRY DATE:
2005-06 in line with NPS Business Plan 2005-06, Priority 2:
July 2007
Protecting the Public from Harm
• This circular is drawn to the attention of all staff
TO:
• Annex A is completed and returned by 12th August 2005.
Chairs of Probation Boards
SUMMARY Chief Officers of Probation
The document attached to this Circular sets out the interim domestic abuse Secretaries of Probation Boards
policy for the National Probation Service and a strategic framework to
implement it. It is being issued as an interim measure until such time as a CC:
National Offender Management Service domestic abuse strategy is Regional Offender Managers
developed. Board Treasurers
Regional Managers
The NPS Interim Domestic Abuse Policy and Strategy has been developed in HM Inspectorate of Probation
consultation with a regionally represented NPS Domestic Abuse Reference
Group and with other stakeholders. NPD will monitor the local AUTHORISED BY:
implementation of the domestic abuse policy and strategy. To assist with
John Scott, Head of Public
this, Annex A requests details of the senior manager with lead responsibility Protection and Licensed Release
for domestic abuse.
ATTACHED:
Documentation which supports the strategy is currently being drawn up. This
Annex A – Probation Area
will cover in more detail many of the topics covered by the policy and Questionnaire (part of circular)
strategy.

Interim Domestic Abuse Policy

RELEVANT PREVIOUS PROBATION CIRCULARS
and Strategy
A list of relevant circulars is included in the policy and strategy document.

CONTACT FOR ENQUIRIES

Angela Colyer, 020-7217 0702, angela.colyer@homeoffice.gsi.gov.uk
Eleanor Marshall, 020-7217 00670, Eleanor.marshall@homeoffice.gsi.gov.uk

National Probation Directorate

Horseferry House, Dean Ryle Street, London, SW1P 2AW
 ANNEX A

PC54/2005 – INTERIM DOMESTIC ABUSE POLICY AND STRATEGY

QUESTIONNAIRE

Probation Area:

Domestic Abuse Lead Manager:

Grade:
Address:

Telephone:
Email:

1. Is there a local Probation Area domestic abuse policy? Yes / No

If yes, please attach copy.

2. Area Business Plan 2005-06 – Outline of any domestic abuse-related objectives and action taken or planned.
Examples of best practice that may be shared.

3. What arrangements exist for a local inter-agency approach to the management of domestic abuse cases?
How do these arrangements link to MAPPA/CDRPs/LCJBs?
Examples of best practice that may be shared

Please return to: Eleanor Marshall, Head of Domestic Abuse, Child Protection and Victims Team, Public Protection Unit
Eleanor.Marshall@homeoffice.gsi.gov.uk
By 12 August 2005

PC54/2005 – NPS Interim Domestic Abuse Policy and Strategy 2

National Probation Service
For England and Wales

INTERIM
DOMESTIC ABUSE
POLICY AND STRATEGY

Enforcement, rehabilitation and public protection

INDEX
Page

SECTION ONE Introduction

- National Offender Management 3
Service
- The National Probation Service’s 3
interim policy and strategy
– putting domestic abuse in context
- The nature of domestic abuse 4
and statistics
- What is domestic abuse? 6

SECTION TWO Justification 7

- Principles and practice aims 7
underpinning NPS policy

SECTION THREE Diversity 12

SECTION FOUR Staff training and resources 13

SECTION FIVE Staff who may be victims or perpetrators 14

of domestic abuse

SECTION SIX Domestic Abuse and Restorative Justice 14

SECTION SEVEN NPS Strategy: A Framework

- Area framework 14
- NPD framework 16
- Joint prison/probation strategy 17

Issue 1.0 June 2005 2

SECTION ONE - INTRODUCTION

National Offender Management Service (NOMS)

1.1 NOMS was introduced following the recommendations in the Carter

Review for Correctional Services Managing Offenders, Reducing Crime and
the Government response Reducing Crime, Changing Lives. NOMS aims to
ensure that a range of services are available to adult offenders and to those
on remand throughout England and Wales. The development of NOMS
involves changes to the way in which correctional services are organised and
delivered. It establishes integrated offender management within which
interventions are selected, sequenced and delivered, introduces
commissioning of services and extends contestability. The formal structures
and processes of NOMS are currently being developed and implemented.
The NPS Domestic Abuse Policy and Strategy is being issued as an interim
measure until such time as a NOMS Domestic Abuse Strategy can be
developed.

The National Probation Service’s interim policy and strategy – putting

domestic abuse in context

1. 2 The strategic aims of the NPS are enforcement, rehabilitation and

public protection, which it shares with its partners in the Criminal Justice
System; mainly the Police, the Courts and the Prison Service. The NPS also
has a statutory duty under the Criminal Justice and Court Services Act 2000 to
help victims of offenders who are sentenced to 12 months or more in custody
for a sexual or violent offence by offering them an opportunity to be kept
informed at key stages throughout an offender’s sentence and to be consulted
about an offender’s eventual conditions of release. The Domestic Violence,
Crime and Victims Act 2004 extends the duty to contact victims of mentally
disordered offenders in certain circumstances. Adopting a strategic approach
to tackling domestic abuse will incorporate all of the statutory aims of the
service. The NPS Interim Domestic Abuse Policy and Strategy complements
the joint Prison Service/NPS Offending Behaviour Programmes: Domestic
Violence Intervention Strategy, which was issued in September 2002. This
joint strategy acknowledges the need for the services to work together to
address the behaviour of offenders who have committed offences against
partners and ex-partners (see para 7.4 below).

1.3 The NPS Business Plan for 2005-06 sets out the main priorities for the
Service within NOMS and it is significant that much of this is relevant to
addressing domestic abuse, both in the context of reducing it and helping
those who are, or have been, victims. Priority 2 is entitled Protecting the
Public from Harm and includes the implementation of a Domestic Abuse
strategy.

1.4 NPS Interim Domestic Abuse Policy and Strategy comes against the
background of a number of developments impacting on the tackling of
domestic abuse.

Issue 1.0 June 2005 3

 • In 2000 the Home Office published Domestic Violence: Break the
Chain Multi-Agency Guidance for Addressing Domestic Violence in
collaboration with the Cabinet Office, the Crown Prosecution Service,
the Department for Education and Skills, the then Department of the
Environment, Transport and the Regions, the Department of Health,
the Lord Chancellor’s Department, the then Department of Social
Security, the National Assembly for Wales, and the Department of
Culture, Media and Sport. The publication aimed to raise awareness
with all agencies falling within the policy remit of the Departments
concerned.
• In June 2003 the Government published Safety and Justice, a
consultation paper on domestic abuse that set out proposals under
three headings of prevention, protection and justice and support
• In July 2004 HM Inspectorate of Probation (HMIP) issued an Effective
Supervision Inspection Programme Thematic Report Reducing
Domestic Violence.
• The Domestic Violence, Crime and Victims Bill received Royal Assent
in November 2004. The Act represents the biggest overhaul of
domestic abuse legislation for thirty years and gives new powers to the
police and courts to tackle offenders, while ensuring victims get the
support and protection they need.
• The Government has recently published A New Deal for Victims and
Witnesses – A National Strategy for Improved Services.
• In March 2005 the Welsh Assembly Government issued Tackling
Domestic Abuse: The All Wales National Strategy.
• In March 2005, the Government issued Domestic Violence: A National
Report. This set out the progress made in implementing the proposals
outlined in Safety and Justice and highlighted new commitments.

1.5 At the time of writing, NPS strategies on Sex Offenders and on Prolific
and Other Priority Offenders had been issued and strategies on Children and
Families, Victims and Health Support for Offenders were being developed
within NPD. Given the nature and prevalence of domestic abuse there is
likely to be cross-over between these strategies and the Interim Domestic
Abuse Strategy and their implementation should be complementary.

The nature of domestic abuse and statistics

1.6 The importance of the delivery of an effective, consistent and high

quality service to victims and interventions to perpetrators of domestic abuse
cannot be under-estimated. It is a widespread social and criminal problem. It
has a devastating effect, not just on the victim but their families because it is
in families that one expects to feel safe and be safe. It is particularly serious
because it is often a recurring threat to the victim’s safety and that of any
children who might be involved. It can be life threatening. It is one of the few
types of cases where the type of offence, name and whereabouts of a
potential victim can be so well defined.

1.7 Research shows that one in four women is likely to have been the
victim of domestic abuse. Crime statistics and research both show that

Issue 1.0 June 2005 4

domestic abuse is gender related (i.e. most commonly experienced by women
and perpetrated by men) and that any woman can experience domestic abuse
regardless of race, ethnic or religious group, class, sexuality, disability or
lifestyle. The British Crime Survey (BCS) (2002) estimates that there were
635,000 incidents of domestic violence in 2001, 514,000 of which were
against women and 122, 000 of which were against men. This means that 81
per cent of recorded domestic abuse crimes were committed against women
by men. The abuse of male power and control is a central feature to much
domestic abuse. The BCS also found that it is women who suffer the most
serious harm, intimidation, threats, rape, strangulation and post-separation
violence, and are most likely to be killed by current or former male partners.1
However, the NPS also has a responsibility towards all other victims of
domestic abuse.

1.8 Data from the Offender Assessment System (OASys), reflecting the
position at November 2004, suggests that:

• at least 11% of assessed male offenders are known current domestic

abuse perpetrators. This figure rises to 14% if those on unpaid work
requirements are excluded.
• 28% of all violent offences are committed by men who are current
domestic abuse perpetrators
• at least 34% of all female offenders are victims of domestic abuse.
This figure rises to 38% if female offenders on unpaid work
requirements are excluded.

The OASys data is indicative of the prevalence of domestic abuse but is not
absolute as, at the time the data was captured, some probation areas were
under-represented on eOASys. Also, evidence from the HMIP Thematic
Report Reducing Domestic Violence and the literature review prepared to
accompany the inspection2 suggests that the data may be a significant
underestimate.

1.9 It is equally important to provide an effective and early intervention for

perpetrators, as there is evidence that domestic abuse has the highest rate of
repeat victimisation of any crime3. A review of cases reported under the
Serious Further Offences (SFOs) procedure during 2003/04 revealed that:

• 0.2% of NPS national caseload are offenders under probation

supervision who have committed a serious further offence
• in 35% of SFOs the further offence was a domestic abuse offence

It is also a serious matter for concern that as many as three-quarters of

domestic abuse incidents may go unreported to the criminal justice system4.

1 Mirlees-Black C., Findings from the British Crime Survey self completion questionnaire, Home Office

1999
2 Barnish M, Domestic Violence: A Literature Review, Home Office, 2004
3 Kershaw C et al, Home Office Statistical Bulletin 18/00, Home Office, 2000
4 Walby S & Allen J, Domestic Violence, sexual assault and stalking: Findings from the British Crime

Survey, Home Office, 2004

Issue 1.0 June 2005 5

On average, there will be 35 assaults before a victim contacts the police.
Many domestic abuse perpetrators with whom the NPS comes into contact
are unlikely, therefore, to have domestic abuse-related convictions.

1.10 There are direct links between domestic abuse and the abuse of
children. Children whose mothers are experiencing abuse are very likely to
be abused by the same perpetrator.5 In addition, children who are present
during the domestic abuse of another person are themselves victims of
domestic abuse. The wide adverse effects of living with domestic abuse for
children must be recognised as a child protection issue. The Adoption and
Children Act 2002 amended the definition of “harm” in the Children Act 1989
to make clear that the harm a child may be at risk of suffering includes any
impairment of the child’s health or development as a result of witnessing or
hearing the ill-treatment of another person. Any harm a child suffers because
a parent is a victim of domestic abuse is caught by the amended definition of
“harm”. Working Together to Safeguard Children is currently being redrafted
to reflect the provisions of the Children Act 2004. The amended version will
include guidance on child protection in specific circumstances, including
domestic abuse.

What is domestic abuse?

1.11 Domestic abuse is not a specific criminal offence and there is no

statutory definition of it. Domestic abuse is a general term to describe a range
of abusive behaviour, which may be criminal or non-criminal, and various
definitions exist. The Home Office is the lead Government Department in
tackling domestic abuse and it warns against adopting a definition that is too
rigid. To support delivery across Government and its agencies through a
common understanding, the Home Office has agreed to use a common
definition of domestic abuse, based on that developed by the Association of
Chief Police Officers, being:

“Any incident of threatening behaviour, violence or abuse

(psychological, physical, sexual, financial or emotional) between
adults who are or have been intimate partners or family members,
regardless of gender or sexuality.”

It is this definition that is being adopted for the NPS Interim Domestic Abuse
Policy and Strategy6. This definition incorporates abuse between family
members over 18 as well as between adults who are, or were, intimate
partners whether in same-sex or heterosexual relationships. Abuse may take
place in any section of the community regardless of class, culture, race, age,
5 For example, Bowker et al., “On the relationship between Wife Beating and Child Abuse”. In K.Yllo and

M Bograd (eds) Feminist Perspectives on Wife Abuse. 1998; Hughes et al, “Witnessing Spouse Abuse and
Experiencing Physical Abuse; “A” Double Whammy”? Journal of Family Violence, 4 (2), 1989; Hester,
Pearson and Harwin, Making an Impact; Children and Domestic Violence 1999.
6This definition differs from that use for the Integrated Domestic Abuse Programme (IDAP). The
definition used for IDAP reflects the fact that the programme is designed to reduce re-offending by adult
male domestic abuse offenders, the victims of whose offences are women.

Issue 1.0 June 2005 6

religion, or mental and physical abilities. Abuse may also result from the
actions taken (criminal or non-criminal abusive behaviour) by the members of
a family to protect the perceived standing of the family within the community.

1.12 The breadth of this definition has implications for offender

management. It reinforces the importance of a fully integrated and
coordinated approach to the management of domestic abuse perpetrators,
encompassing the assessment and management of risk, access to
interventions and inter-agency working. This lies at the heart of offender
management envisaged in the Principles and Practice Aims set out in Section
Two below.

1.13 In keeping with the definition, the term “domestic abuse” is used
throughout this document instead of “domestic violence”, as this better reflects
that such behaviour can be more than physical violence but encompass
mental, financial and emotional abuse as well. However, it is accepted that
the terms are used interchangeably.

SECTION TWO - JUSTIFICATION

2.1 There has been an absence of a national policy and strategy directing
the work of the NPS in tackling domestic abuse. This has hampered areas in
developing local policies. One of the recommendations of the HMIP report
Reducing Domestic Violence was that areas should develop local policy
based on a new national domestic abuse policy.

2.2 This document sets out an interim domestic abuse policy for the NPS
and a strategic framework (Section Seven) to implement it. The strategic
framework reflects many of the recommendations made in the HMIP report
Reducing Domestic Violence. The implementation of the NPS Interim
Domestic Abuse Policy and Strategy by areas should be in accordance with
the provisions of the Freedom of Information Act 2000, the Data Protection
Act 1998 and 2000, the Human Rights’ Act 1998, the Children Act 2004,
employment law, the Domestic Violence, Crime and Victims Act 2004 and
other relevant Criminal Justice legislation.

Principles and practice aims underpinning NPS policy

2.3 The NPS, in partnership with local agencies, domestic abuse services
and specialist victim services, has a vital role to play by enabling known
victims, including children, to access appropriate and effective services and
contributing to their safety and the reduction of crime by working with and co-
ordinating risk management strategies for perpetrators. The NPS does not
underestimate the importance and sensitivity of this work. The unique nature
of domestic abuse, as outlined in paras 1.5-1.6 above, sets it apart from other
offences, which is why the NPS and other agencies, such as the Crown
Prosecution Service (CPS), police forces and local authorities have their own
separate policies for handling it and sharing information.

Issue 1.0 June 2005 7

2.4 It is recognised that intervention and risk of harm assessment and
management are best served by an inter-agency co-ordinated approach.
Good practice with all domestic abuse perpetrators requires an inter-agency
approach as a minimum, with links to police domestic violence units, agencies
supporting victims and social care departments, where children are also
involved. However, not all domestic abuse perpetrators will fall within the
remit of the Multi-Agency Public Protection Arrangements (MAPPA) or meet
the threshold for Level 2 and Level 3 (Multi-Agency Public Protection Panel
(MAPPP)) risk management within MAPPA. Such perpetrators should still be
required to be managed through a local inter-agency approach where:

• information in relation to risk assessment and management is shared

within agreed protocols to safeguard the victim;
• an informed assessment of risk is developed; and
• a joint risk management plan is agreed.

The local inter-agency risk management processes must have a connection

with the MAPPA structure within areas so that where the assessment of risk
changes, direct and expeditious referral can be made. The exact nature of
the connection will need to be determined locally to reflect the size of the
area, locality and partnerships.7

2.5 An important aspect of MAPPA and inter-agency working is victim

focus. Women Safety Workers work in partnership with those providing
accredited men’s domestic abuse treatment programmes in the community
(NPS) and in custody (Prison Service). Their primary focus is to work with the
victims and the current partners of men undertaking the programmes in order
to promote the safety of women and children and to seek to ensure that the
programme of intervention with the male offenders does not put women and
children at further risk of harm. The NPS provides a Victim Contact Scheme
to all victims of offenders sentenced to 12 months or more imprisonment for a
sexual or violent offence, including victims of domestic abuse, and to victims
of mentally disordered offenders in certain circumstances. Given the nature of
domestic abuse, where resources allow, it is good practice to extend the
victim contact scheme to domestic abuse victims regardless of the
perpetrator’s sentence length. This should be considered on a case by case
basis and informed by the risk of harm assessment.

Principles

2.6 The principles underpinning the NPS’s Interim Domestic Abuse Policy
are that:-

• As a public protection organisation, NPS will make the

enhancement of victim safety a high priority and ensure that

7Probation Circular 10/2005 outlines a Public Protection Framework to clarify the relationship between
OASys, MAPPA and other risk management frameworks.

Issue 1.0 June 2005 8

 arrangements are in place to identify perpetrators and those at risk
of domestic abuse for whom it has statutory or public safety
responsibilities, and to address and limit the offending behaviour of
perpetrators.

• Risk of harm must be assessed appropriately and proportionately,

informed by collateral information (ie information from victim
contact, police domestic abuse units, social care departments and
other agencies), which should be sought proactively. Resources
should be properly targeted to ensure that perpetrators are
identified and assessed. Resources and priority should rise with
risk of harm levels8.

• All NPS staff who come into contact with offenders and victims and
the managers of those staff will be appropriately trained in domestic
abuse awareness. In addition, relevant specialist staff will be
trained in the use of risk assessment tools and good practice and
equipped to assess and intervene effectively. Staff will be alert to
the possible presence of domestic abuse in all cases with which
they have to deal, including those cases that come to their attention
for other purposes.

• The NPS is committed to an inter-agency approach, which is

essential to the prevention, detection and reduction of crime. The
NPS will work closely with all its partners towards this at both
strategic and operational levels, setting protocols and minimum
standards for information sharing and a common understanding of
the role of each agency. This will be done in accordance with
current best practice guidance. Area Probation Boards will
participate in the development and implementation of local inter-
agency domestic abuse strategies.

• The NPS recognises that women from minority ethnic groups may
face particular difficulties that result from the combination of sexism,
racism and isolation, and has developed local diversity strategies
for tackling this. There are particular difficulties for victims who may
be foreign nationals. Local domestic abuse policies should be
audited for compliance with the NPD Diversity checklist.

• Diversity perspectives will be integrated into all aspects of contact

with domestic abuse perpetrators in keeping with The Heart of the
Dance

• Any incident, or suspected incident, of domestic abuse reported by

a victim or perpetrator, should be taken seriously and the action
taken in response recorded. Victims must be treated with care and
sensitivity with the core aim of increasing their safety.

8 See PC10/2005 Public Protection Framework, Risk of Harm and MAPPA Thresholds

Issue 1.0 June 2005 9

 • The NPS will demonstrate an awareness of the impact of its work
on victims’ safety and take any action necessary to increase it.
Programmes for perpetrators will be run with the provision of
concurrent women’s safety work in accordance with the Women’s
Safety Worker manual to provide information and support to victims
who agree to be contacted, actively manage risk and promote the
safety of women and children. Probation Areas will undertake
women’s safety work for perpetrators who undertake a programme
whilst in custody.

• The NPS has an important role in supporting the enforcement of

civil orders and in influencing appropriate sentencing by criminal
courts through Local Criminal Justice Boards (LCJB), Crime and
Disorder Reduction Partnerships (CDRP)/Community Safety
Partnerships (CSP) and other inter-agency fora.

Practice aims

2.7 The aims of the NPS in tackling domestic abuse are to: -

• Promote and encourage a whole service approach towards addressing

domestic abuse through this national policy and strategy

• Give high priority to the safety of victims (adults and children) of

domestic abuse and their protection from physical, sexual, emotional
and mental harm by perpetrators.

• Reduce re-offending by providing perpetrators with attitudinal and

behavioural strategies to reduce the potential for harm and by limiting
their offending behaviour

• Provide timely and accurate risk assessments of perpetrators of

domestic abuse being aware that some perpetrators may be current
and/or child victims of abuse and may require access to victim
services.

• Enhance the quality of risk assessment and risk management action

plans through the effective use of OASys and the Spousal Assault Risk
Assessment (SARA); and through obtaining collateral information and
inter-agency information exchange by communicating clearly, promptly
and effectively with partners in other public protection agencies.
Ensure appropriate and pro-active engagement with inter-agency risk
assessment and risk management arrangements and with MAPPA,
where appropriate, so that risk assessments and risk management
plans reflect the active management of victim and child safety and well-
being.

• Provide promptly an appropriately structured portfolio of interventions

to address each perpetrator’s behaviour as a whole, including domestic
abuse-related criminogenic needs, which have been carefully assessed

Issue 1.0 June 2005 10

 as being suitable for their needs in reducing the risk of re-offending and
based on evidence of what works effectively.

• Deliver, where appropriate, accredited offender treatment programmes

to address domestic abuse-related offending behaviour and reduce
repeat victimisation, and provide interventions that hold offenders
accountable for their behaviour. Train all front-line staff and their
managers in addressing domestic abuse as part of the implementation
of an accredited perpetrator programme.

• Actively pursue non-compliance with NPS National Standards, which

includes non-attendance or non-participation on domestic abuse
perpetrator programmes or evidence of ongoing abuse. Work with
courts to recommend that appropriate and robust sanctions be imposed
if perpetrators are found to be in breach of a court order to attend.
Support the appropriate making, framing and enforcement of
restraining orders and civil orders. Ensure sentences are planned
effectively to reduce risk.

• Recognise that some offenders, who are not perpetrators of domestic

abuse, may be victims of domestic abuse and that their offending may
be linked to their experience of abuse. Enable access to
appropriate/specialist support and services, where available, for
offenders who are victims or survivors of domestic abuse.

• Proactively provide accurate, up-to-date information for staff about the

full range of support and services available to those experiencing
domestic abuse. The information should be provided in an appropriate
and readily accessible way, supported through information sharing
protocols.

• Respond appropriately to the individual needs of perpetrators and all

known victims regardless of race, gender, age, religious beliefs,
sexuality or disability. Enable victims to seek help and support
appropriate to their diverse needs and develop means of identifying
victims in the absence of immediately obvious symptoms of abuse.

• Ensure that the needs and well being of children exposed to domestic
abuse are addressed through good communication with Social Care
Departments, Children and Family Court Advisory and Support Service
(CAFCASS), CAFCASS Cymru and other relevant local specialist
children and young people’s services. Strategic links are a requirement
through Local Safeguarding Children Boards (LSCBs), which will
replace Area Child Protection Committees (ACPCs) and will be
developed through implementation of the Children Act 2004.

• Promote and articulate, through representation on and contribution to

LCJBs, CDRPs/CSPs, domestic abuse fora and other local strategic
working groups clear and consistent messages on domestic abuse that
challenge the many myths and stereotypes about domestic abuse to

Issue 1.0 June 2005 11

 help ensure that its prevalence and seriousness are more widely and
clearly understood. Promote and encourage through LCJBs and
CDRPs/CSPs a consistently effective and high quality support for
victims of domestic abuse throughout England and Wales. Actively
engage in the governance of the Supporting People Programme.

• Ensure that local probation areas have developed appropriate policy

and guidance in respect of members of staff who may be experiencing
or perpetrating domestic abuse based on the national domestic abuse
policy and strategy, health and safety policies, employment legislation
and building on existing work on domestic abuse in the workplace.

2.8 These aims will be met through compliance with NPS National
Standards and National Standards for victim contact work and other relevant
NPS policies and strategies (see Annex and NPS website for list of current
relevant policies).

SECTION THREE - DIVERSITY

“Our staff, offenders, victims and the public must be confident

that treatment and provision of services will not be
disproportionate or unwittingly influenced because of ethnicity,
gender, class, colour, religion, culture, age, sexuality or disability.
A New Choreography enshrines this in three key concepts –
inclusiveness, transparency and openness.”

(From The Heart of the Dance National Probation Service Principles)

3.1 Domestic abuse occurs across society, regardless of age, gender,

race, sexuality, class, disability and geography. NPS’s Domestic Abuse
Policy is compliant with its Diversity Strategy document The Heart of the
Dance which reflects the NPS’s firm commitment to action in achieving
equitable, fair and accessible practices both within the workforce and those
receiving its services. As part of this commitment:

• The delivery of treatment programmes should be sensitive to the

diverse range of perpetrators attending the programme.
• It is recognised that not all perpetrators are suitable for the accredited
treatment programmes. The risk posed by domestic abuse perpetrators
who are not suitable should be carefully assessed and managed and
interventions provided to address the offending behaviour in
accordance with best practice and National Standards
• Contact with victims should be sensitive to their culture and diverse
needs, delivered in an accessible way and recognise the right of
victims to choose the way in which they wish to access resources. It

Issue 1.0 June 2005 12

 should also recognise the whole needs of individual victims and that
their experience of abuse may be exacerbated by other forms of
discrimination.
• Work with perpetrators should be culturally sensitive but cultural issues
should not prevent a perpetrator being held accountable for their
offending behaviour.
• Practitioners should recognise and be sensitive to the impact of abuse
and the range of ways victims might use to survive domestic abuse.
Victims may, for example, present issues of mental health and/or
substance abuse.

3.2 The NPS’s aim is to be effective in communicating and working in

partnership with local community groups and other agencies and to have
significantly increased its profile and credibility amongst these groups.

SECTION FOUR - STAFF TRAINING AND RESOURCES

Staff training

4.1 Work on domestic abuse requires a whole agency approach and

requires, therefore, domestic abuse awareness training for all front-line staff
and role-specific training, where appropriate, effectively to implement the
Domestic Abuse Policy. Chief Officers should ensure that relevant staff are
properly trained to deal effectively with the needs of all victims and to work
effectively with perpetrators to reduce risk and address offending behaviour.
All staff, including management, operational and administrative staff, should
be aware of issues relating to domestic abuse and NPS policy in relation to
perpetrators, victims and staff.

Resourcing

4.2 Work with perpetrators of domestic abuse is demanding and requires a

high level of expertise. Staff undertaking this work should therefore be well
supported and given appropriate supervision in line with area’s supervision
policy. Consideration should be given to the provision of specialist
professional support to staff who regularly work with domestic abuse cases,
similar to that provided for staff working with sex offenders.

4.3 In allocating resources, chief officers will wish to reflect that the focus of
accredited treatment programmes is on convicted male perpetrators who were
or are in heterosexual relationships and that the NPS Business Plan 2005-06
places high priority on offenders who pose high risk of harm. Chief Officers
should ensure that sufficient resources are deployed to provide an effective
public protection service to victims, which may include female offenders who
may be victims of domestic abuse.

Issue 1.0 June 2005 13

SECTION FIVE - NPS POLICY FOR STAFF WHO MAY BE VICTIMS OR
PERPETRATORS OF DOMESTIC ABUSE

5.1 Given that a quarter of women in England and Wales have experienced
some form of domestic abuse, it is inevitable that perpetrators and victims
work within the NPS. It is the NPS’s policy that every local Probation Board
employee who is experiencing or has experienced domestic abuse has the
right to raise the issue with their employer in the knowledge that it will be
treated effectively, sympathetically and confidentially and in accordance with
health and safety policies. Local Probation Board HR policies should be
sufficiently robust and sensitive to respond to and actively manage employees
who are victims or perpetrators of domestic abuse according to their individual
circumstances. HR policies should be clear as to what action the probation
area will take to support staff who are known to be victims of domestic abuse
and what action will be taken where there is evidence that employees are
domestic abuse perpetrators. Regard should also be given to the principles
set down in the IDAP National Guidance Manual.

SECTION SIX – DOMESTIC ABUSE AND RESTORATIVE JUSTICE

6.1 The NPS does not believe it is appropriate, in cases of domestic abuse,
for Restorative Justice to be undertaken, by any organisation or agency,
which either diverts perpetrators away from the courts (civil or criminal) or
brings the victim and perpetrator together as a form of mediation or
reconciliation, whether pre or post sentencing. The government's forthcoming
paper on domestic abuse will address this issue.

SECTION SEVEN – NPS INTERIM STRATEGY: A FRAMEWORK

7.1 This Strategy identifies changes in NPD and the probation areas that
are required to improve the service’s approach to tackling domestic abuse and
to implement national and local policies.

Area Framework

7.2 Each area should

No Action
7.2.1 Designate senior manager responsibility for domestic abuse to
achieve the following:

• Devise local action plans for implementation of this strategy

reflecting a whole service approach, local activity and needs

• Ensure domestic abuse awareness training and role-specific

training is carried out so that all staff have appropriate levels of
domestic abuse related knowledge and skills

Issue 1.0 June 2005 14

 • Develop a clear and consistent policy and procedure for the
identification and allocation of domestic abuse cases and provide
effective support through high quality supervision

• Ensure HR policies and procedures are in place which set out

appropriate responses to employees who may have experienced
or perpetrated domestic abuse

• Ensure local monitoring systems include domestic abuse related

priorities and targets including outcome focused targets

• Ensure communication strategies facilitate the dissemination of

information on domestic abuse issues to relevant senior
managers, including those with responsibility for community
sentences, resettlement, risk and public protection, HR,
programme delivery and partnerships

• Engage fully in regional networks to ensure regional

collaboration

• Ensure lessons learned from reviews under Serious Further

Offences procedures are disseminated and incorporated, where
appropriate, into local policy and practice.

7.2.2 Partnership working

• Have in place protocols with other agencies, especially CPS,

police, prison service, social care departments, and voluntary
agencies, to create a shared understanding of confidentiality and
requirements for sharing information in order to provide effective
risk assessment and management

• Promote effective working arrangements at strategic and

operational levels with Local Criminal Justice Boards, Crime and
Disorder Reduction Partnerships/Community Safety Partnerships
and Domestic Abuse Fora to enhance understanding and
improve services in order to achieve a co-ordinated community
response to domestic abuse

• Ensure arrangements are in place for inter-agency working in

domestic abuse cases that do not fall within MAPPA remit and
that such arrangements link to the local MAPPA structure and
Local Safeguarding Children Boards appropriately.

• Ensure procedures are in place to provide sentencers with

information on interventions including feedback on the outcome
of those interventions

• Ensure information is available to staff on domestic abuse

Issue 1.0 June 2005 15

 services and resources available locally

7.2.3 Training

• Ensure that all front-line members of staff receive role-specific

training to work effectively with addressing and recognising
domestic abuse and management risk to contribute to the safety
of victims

7.2.4 Risk assessment

• Ensure that OASys and SARA are used effectively and safely in
offender management, PSRs, parole assessment reports (PARs)
and other assessments

7.2.5 Diversity

• Have in place arrangements to monitor by ethnicity in relation to

domestic abuse cases to ensure equitable, fair and accessible
practices and to identify local trends. If the analysis of monitoring
reports suggests that a particular policy or practice has an
adverse impact on a particular ethnic group take steps to ensure
the issue is actively addressed.

NPD Framework

7.3 NPD will work on the following strategic imperatives as part of priorities
for 2005/06.

No Action
7.3.1 • Facilitate meetings of a NPS regionally represented Domestic
Abuse Reference Group as a forum to share best practice,
relevant information and learning to inform domestic abuse policy
in the NPS

7.3.2 • In collaboration with the Domestic Abuse Reference Group

develop practice guidance to complement this strategy

7.3.3 • In collaboration with NOMS and offender management

arrangements develop guidance on SMART objectives for
offenders on accredited programmes and those considered as
not suitable for programmes for inclusion in the offender’s
sentence plan.

• Develop guidance on working with domestic abuse offenders

who do not meet the criteria for inclusion in the accredited
treatment programmes

Issue 1.0 June 2005 16

7.3.4 • Co-ordinate NPS input to the work on the implementation of the
Domestic Violence, Crime and Victims Act 2004 and other
relevant legislation and proposed legislation and issue guidance
on the implications for NPS.

7.3.5 • Consider the need to clarify policy guidance to ensure risk of

harm is fully assessed and taken account of in reports to court in
respect of domestic abuse.

7.3.6 • Develop guidance on risk of harm thresholds for domestic abuse

cases and the links between alcohol misuse and domestic abuse

7.3.7 • Complete the implementation of accredited domestic abuse

treatment programmes nationally.

• Audit the implementation of the accredited treatment

programmes and refer to the change control process where there
is evidence to make improvements

7.3.8 • Ensure data on domestic abuse interventions contributes to

national targets for programme completion.

7.3.9 • Ensure the continued development of a joint prison/probation

services approach to tackling domestic abuse, including the
undertaking of joint training.

Joint Prison/Probation Domestic Abuse Intervention Strategy

7.4 The Offending Behaviour Programmes: Domestic Violence Intervention

Strategy was drawn up to provide an overview of joint working between the
Offending Behaviour Programmes Unit (Prison Service) and the Offending
Behaviour Programmes Team (NPS). The vision of the joint strategy is to
enable offenders to attend an accredited domestic abuse offending behaviour
programme, in custody or the community or a combination of both. It consists
of four elements:

¾ Access to effective programmes for perpetrators of domestic abuse

according to assessed risk of harm and risk of re-offending, whether in
the community or in custody, to reduce offending in this area and the
incidence of repeat victimisation. Programmes will be provided within a
common Risk Assessment/Risk Management Process.

¾ Access to a common Prison Service and Probation Service domestic

abuse programmes booster/consolidation programme delivered within

Issue 1.0 June 2005 17

 the community by the NPS as part of supervision of a community
sentence or as part of a throughcare package.

¾ Joint training for facilitators/tutors where appropriate.

¾ Programmes should be supported by work with victim/survivors of

domestic abuse to:

- signpost services to victims, to give information about the programme,

and to ensure the victim has realistic expectations of what the
programme can achieve to minimise the risk of attendance being used
as another instrument to exert power over the victim by the offender;

- ensure a more thorough risk assessment/management process is

completed in order to increase the safety of victims and ensure risk
management plans prior to release consider the needs of victims.

Joint working can also limit the effect of the offender carrying out abusive
behaviour from prison.

7.5 The Prison Service and NPS have worked closely on the development
of three treatment programmes: the Healthy Relationships Programme, the
Integrated Domestic Abuse Programme (IDAP) and the Community Domestic
Violence Programme (CDVP). The programmes have received accreditation
under the Correctional Services Accreditation panel. IDAP and CDVP are run
by NPS and the Healthy Relationships Programme by the Prison Service.
The Healthy Relationships Programme and CDVP are based on the Canadian
correctional services family violence protection programme and the High
Intensity Family Violence Protection Programme. CDVP is the community
version of the Healthy Relationship Programme.

Issue 1.0 June 2005 18

 ANNEX A

NPS STRATEGIES, POLICIES AND GUIDANCE RELEVANT TO

DOMESTIC ABUSE POLICY AND STRATEGY

The list that follows is not exhaustive but is intended as a guide to the range of
complementary NPS policies, strategies and guidance. Further information on
these documents and on other NPS publications can be found on the NPS
website www.probation.homeoffice.gov.uk.

PC 49/2005 Assessment and Management of Risk of Harm Action Plan

PC 48/2005 Offender Assessment System (OASys) Quality Management
Plan
PC 42/2005 Extension of Victim Contact Scheme to Victims of Mentally
Disordered Offenders – the Domestic Violence, Crime and
Victims Act 2004
PC 32/2005 Identification of Individuals who Present a Risk to Children:
Interim Guidance
PC 25/2005 Criminal Justice Act 2003 – Implementation
PC 24/2005 National Probation Service Business Plan 2005-06
PC 22/2005 Implementing Section 10 of the Criminal Justice Act 2004: Inter-
Agency Co-operation to Improve the Well-being of Children –
Children’s Trusts
PC 21/2005 Race Equality Duty and the Statutory 3 Year Review
PC 18/2005 Criminal Justice Act 2003 New Sentences and the New Report
Framework
PC 16/2005 Criminal Justice Act 2003 Early Release and Recall
PC15/2005 National Standards 2005
PC 10/2005 Public Protection Framework, Risk of Harm and MAPPA
Thresholds
PC 8/2005 NPS Business Plan 2005-6
PC 05/2005 Investigation of Serious Crimes involving Offenders under
Probation Supervision: Memorandum of Understanding between
Police and Probation Services relating to Victims
PC 03/2005 Supervision, Revocation and Recall for Prisoners Release on
Licence

PC56/2004 Prolific and Other Priority Offenders: Additional Licence

Conditions for Drug Testing and Addressing Problems with
Drugs
PC 54/2004 MAPPA Guidance
PC 53/2004 Pre-Sentence Reports and OASys
PC 51/2004 Supplementary Guidance for Prolific and Other Priority
Offenders Strategy: Rehabilitation and Resettle Framework
PC 48/2004 Reducing Re-offending National Action Plan
PC 43/2004 Managing Compliance and Enforcement of Community
Penalties
PC 41/2004 Initial Guidance for Prolific and Other Priority Offenders
Strategy: Catch and Convict Framework
PC 34/2004 Parole Assessment Reports

Issue 1.0 June 2005 19

PC 22/2004 Health and Safety Policy Manual
PC 13/2004 Victim Contact Work: Guidance on Victim Contact Work outside
England and Wales

PC 70/2003 Updated Guidance for the Persistent Offender Scheme

PC 69/2003 NPS Staff Vetting Protocol
PC 65/2003 Health and Safety Strategy – Phase One
PC 58/2003 Development of National Probation Service’s Alcohol Strategy
PC 49/2003 Domestic Violence Programmes
PC 29/2003 Victim Contact Work: Revised Section 6 (stage 2) and 9 of the
Guidance to Areas
PC 28/2003 Victim Contact Work: Guidance on Recent Court Judgements
PC 25/2003 MAPPA Guidance
PC 13/2003 Sharing Information to inform Decisions on Offender Release
and Recall
PC 8/2003 Housing and Supporting People

PC146/2001 Freedom of Information Act 2000

PC 62/2001 Further Guidance on the National Probation Service’s Work with
Victims of Serious Crime

PC 59/2000 Human Rights Act 1998 - Guidance

PC 44/2000 Human Rights Act

Sex Offender Strategy for NPS (September 2004)

Health and Safety Strategy of NPS 2003-2006
Heart of the Dance: A Diversity Strategy for NPS for England and Wales
2002-2006
NOMS Offender Management Model (January 2005)
NOMS Drug Strategy (January 2005)
Supporting People – Guidance for NOMS staff (August 2004)
National Stress Management Policy
Best Practice on Diversity
NPD Diversity Checklist
Working with Minority Ethnic Communities
NPS Guidance on Freedom of Information Act
Working Together – NPS and the courts
Manual for the Spousal Assault Risk Assessment Guide

List of publications on domestic abuse and other violence against women,

research reports and other documents from government can be accessed on
www.homeoffice.gov.uk/crimereduction.domesticviolence

Issue 1.0 June 2005 20