Domestic Abuse Bill: Key measures for children and sector reaction

The Bill, which will apply in England and Wales, today (29 April) received Royal Assent, meaning it will become law, after Lords backed down in a row over the monitoring of stalkers and abusers.

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Here CYP Now identifies key measures in the Bill affecting children and young people alongside the sector’s reaction to the new legislation. The Domestic Abuse Bill:

1. Will see children who live in a home where domestic abuse takes place recognised as victims in their own right rather than witnesses for the first time. The Bill will recognise a child who sees or hears, or experiences the effects of, domestic abuse and is related to the person being abused or the perpetrator is also to be regarded as a victim of domestic abuse.

2. Places a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation.

3. Increases protections for families affected by domestic abuse under Domestic Abuse Protection Orders and the Domestic Violence Disclosure Scheme.

4. Extends victim protections to young people aged 16 and over. In 2020, the minimum age for a person to be classed as a victim of domestic abuse by a partner was lowered to 16 meaning that all elements of the Bill will affect young people above this age. Key elements of the Bill include strengthening rules surrounding controlling or coercive behaviour, target revenge porn and end the "rough sex defence" in court.

5. Gives all eligible homeless victims of domestic abuse, aged 16 and above, "priority need" for homelessness assistance.

Sector reactions

Organisations supporting vulnerable children and young people have widely welcomed the passing of the Bill, however, some have warned that the success of the Act will depend on the availability of specialist support to help victims recover from the trauma they’ve experienced.

Imran Hussain, Action for Children’s director of policy and campaigns, said: “This Act lays the foundations to reshape how society responds to domestic abuse, following the successful campaign to ensure it recognises children of domestic abuse for what they are – victims, and not just witnesses.

“Far from having a safe and happy childhood, every day our staff see the emotional scars of domestic abuse on children – from post-traumatic stress disorder, nightmares, flashbacks and bed-wetting to depression, or even wanting to end their lives. Yet the vast majority never receive any of the specialist help they need to recover. 

“For child victims of domestic abuse, the success of this Act will depend on whether they actually receive specialist support to recover from the trauma they’ve experienced.”

Action for Children has also called on government to extend specialist support to child victims of domestic abuse living at home.

For 5 years, with so many people we worked day & night on the Domestic Abuse Bill. We laid amendments, led campaigns, had rows, submitted papers to court, researched for hours, cried with victims & pushed forward together. Today it passed through much better than when it arrived

— Jess Phillips MP (@jessphillips) April 27, 2021

A survey for the Early Intervention Foundation found that many UK adults don’t know how to help victims. Only four in ten (42 per cent) UK adults would be confident knowing where to go, or who to speak to, in order to help, if someone they knew personally revealed themselves as a victim of domestic abuse. 

The same survey also found that almost three quarters (71 per cent) of UK adults believe that there should be greater support provided to the victims of domestic abuse. It also found two thirds of UK adults (61 per cent) think the government should be doing more to provide support to the victims.  

Dr Jo Casebourne, chief executive of the Early Intervention Foundation said: “We call on government to create a long-term fund that would develop and provide support that has been shown to work for children affected by domestic abuse.Given the numbers of children affected,it is vital that we fully understand how best to help them. Now the Domestic Abuse Bill is law and children are recognised as victims, the next phase of hard work, to making sure they are well supported starts now.” 

The Domestic Abuse Bill receives Royal Assent today. Although a milestone moment that survivors and campaigners have worked hard to achieve, there is much work still to be done.
We look forward to working with the DACommissioner to continue to improve the support for survivors. https://t.co/gYYFflwmB2

— Independent Domestic Abuse Services (IDAS) (@IDASfor100) April 29, 2021

Welsh Women’s Aid also celebrated the passing of the Bill but said it did not go far enough to protect all women and girls due to an amendment to support migrant victims of domestic abuse being voted down by MPs.

A statement by the charity said: “After years of campaigning, today we celebrate wins, feel frustrations at the Bill’s limitations and failures and re-energise our fight to end violence against ALL women and girls.”

Meanwhile, Children’s minister Vicky Ford hailed the passing of the Bill as “a landmark moment which will make such a huge difference to victims and their children”.

New education and training initiatives focussing on domestic abuse:

• A new radio drama Tulips aims to educate the public about the impact of domestic abuse on families. Produced by Secret Stories C.I.C, Tulips: A Radio Drama is an updated re-working of the original stage play that was toured across the South East in 2019 which  aims to promote greater awareness of domestic violence during the Covid-19 pandemic. It is streaming live on 5 May here.

• Social care solutions company Anster is working in partnership with Redbridge Council and Goldsmiths University to pilot the use of virtual reality (VR) immersive storytelling as a tool to disrupt domestic abuse and improve outcomes for victims, children and perpetrators. The pilot aims to disrupt perpetrators' behaviour and encourage survivors of abuse to remove themselves from abusive situations by experiencing the impact of such situations from the perspective of an unborn or young child.

• Nottinghamshire’s police and crime commissioner’s office has offered 24-week and 10-week courses to both male and female perpetrators of domestic abuse including a dad’s parenting group focusing on restorative parenting post-abuse and accountability to children.