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Responding Well to Domestic Abuse Practice Guidance

Dear Colleagues,

In 2006 the Church of England produced the ‘Responding to Domestic Abuse: Guidelines for those with Pastoral Responsibilities’. This was in response to a motion passed by the General Synod of the Church of England in July 2004:

That this Synod, noting that domestic violence is regarded by the Home Office and the police as a crime:

(a) view with extreme alarm the number of incidents being regularly reported, as being an unacceptable picture of suffering and abuse;

(b) call for national guidelines to be issued by the Archbishops’ Council for those with pastoral care responsibilities, as to the appropriate relationship with both victims and perpetrators;

(c) recognise the special circumstances associated with domestic violence, and therefore the special needs of victims, in minority ethnic communities; and

(d) urge all dioceses to consider ways in which they could i) work in partnership with other agencies, co-operating sensitively with those serving minority communities, to provide the resources needed by victims and their families; ii) speak out against the evil of domestic violence; and iii) work for justice and safety in the homes of this nation.

The Church remains committed to those who have been survivors/victims of domestic abuse and to addressing the processes that lead to domestic abuse. Domestic abuse in all its forms is contrary to the will of God and an affront to human dignity. All need to play their part in preventing or halting it.

I hope that this updated practice guidance will help church communities address the issues in an informed way and be of use to anyone entrusted by victims, survivors or perpetrators to hear their story. In doing so, we acknowledge the excellent work that is already taking place in many churches, by many Christians and by those working in voluntary and statutory organisations and we are grateful for their help in drawing up this revised practice guidance.

Yours in Christ’s fellowship,

The Right Reverend Peter Hancock
Bishop of Bath and Wells
Lead Bishop on Safeguarding

Thanks are owed to the Domestic Abuse Task Group (see below) for their contribution to the preparation of this practice guidance. ‘Restored’ have assisted with the re-drafting of this practice guidance, following a very comprehensive response to the consultation. Additional thanks go to the dioceses of Southwark and Canterbury for the use of some of their materials.

Karen Shooter Lincolnshire Social Services – DV Services
Debbie Johnson Diocesan Safeguarding Adviser, Lincoln
Morag Keane Diocesan Safeguarding Adviser, Chichester
Duncan Sheppard National Offender Management Service
Glenys Armstrong Diocesan Safeguarding Adviser, Bath and Wells
Lucy Lord Women’s Aid
Mandy Marshall Restored
Scilla Wallis Supporter
Chris Hawkins Clergy perspective
Paul Weatherstone Policy lead DV in National Offender Management Service (NOMS)

                 

Aim

This document sets out the Church of England’s Domestic Abuse Policy and the detailed practice guidance on how the Church of England will implement ts Domestic Abuse Policy. It supports the Church’s commitment to address and respond effectively to domestic abuse both within its own community and wider society.

It replaces and updates ‘Responding to Domestic Abuse; Guidelines for those with pastoral responsibilities 2006’.

The practice guidance is intended to raise awareness and to highlight some of the areas that need to be considered in making our churches safer places. To encourage churches to become places of safety where domestic abuse is taken seriously, victims/survivors are believed and respected and alleged or known perpetrators are challenged.

It aims to inform, direct and equip those working at a local level, not only those working in authorised ministries such as clergy, readers or pastoral assistants, but also those who may be entrusted by victims/survivors or alleged or known perpetrators to hear their story and who want to offer the most appropriate care.

Scope

This policy applies to all church bodies [*] and officers [*] . Full understanding of, and adherence to, this policy should lead to a deepening in the understanding of, and respect for, the rights of children, young people and adults as people of faith in the life of the Church.

Under section 5 of the Safeguarding and Clergy Discipline Measure 2016, [*] all authorised clergy, bishops, archdeacons, licensed readers and lay workers, churchwardens and PCCs must have ‘due regard’ to safeguarding guidance (sections 1, 2 and 3 of this document) issued by the House of Bishops (this will include both policy and practice guidance). A duty to have ‘due regard’ to guidance means that the person under the duty is not free to disregard it but is required to follow such guidance unless there are cogent reasons for not doing so (‘cogent’ for this purpose means clear, logical and convincing). Failure by clergy to comply with the duty imposed by the 2016 Measure may result in disciplinary action.

The Ecclesiastical Insurance Group has made it clear that their insurance cover is only valid where House of Bishops safeguarding policy and practice guidance is being followed.

Outline

Section 1 outlines the Church of England’s Policy on Domestic Abuse. Section 2 outlines the procedure for responding to domestic abuse and Section 3 outlines the training requirements. This is supported by 9 Appendices which provide good practice reference material and templates.

This is not an all-inclusive resource, excellent resources that cover this subject more thoroughly can be found in Appendix 9. The guidance recognises that often the Church’s role involves supporting victims/survivors, empowering them to seek professional care from the relevant agencies. The Church can also support alleged or known perpetrators of abuse, by encouraging them to recognise their personal needs and seek appropriate help or by reinforcing what is being done by others to help them to take responsibility for and address their abusive attitudes and behaviour. This may include referring individuals to a programme for alleged or known perpetrators of domestic abuse.

Additional associated House of Bishops Practice Guidance documents supplement this practice guidance and are referenced in this policy.

Building on this, church bodies may provide additional local procedures and guidance in line with the House of Bishops policy and practice guidance.

Where to find the policy

It will be distributed via email to all dioceses, cathedrals and other Church bodies. The most up to date version of the policy, model templates and the associated practice guidance, will always be available on the Church of England website.

News of updates will be included in information circulated by the National Safeguarding Team.

Relevant information will be updated online, where the policy and associated practice guidance can be downloaded easily for local use, so that it is not necessary to supply large quantities of printed papers, which can become out of date all too quickly.

For those who do not have access to the internet, hard copies of the policy and associated documents can be supplied via their Diocesan Safeguarding Team or via Church House Publishing, on request.

Please note that the aim will be to move to a full electronic manual in 2017.

Please note: You are reminded that the ‘due regard’ duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 applies.

1.1. Context

The Church is committed to those who have been victims and survivors of domestic abuse. [*] Domestic abuse in all its forms is contrary to the will of God and an affront to human dignity. All need to play their part in preventing or halting it.

There is growing awareness in society of the extent of domestic abuse and recognition that domestic abuse is a crime, not a private matter to be kept in the family or community. This has resulted in amendments to legislation (see Appendix 2 for a summary of the legal context) and improved responses and interventions by police, housing and other statutory or voluntary agencies designed to improve safety, encourage partnership working and provide increased support to victims and perpetrators. Many of these agencies have been extremely supportive of the development of this guidance and are keen to work with the Church to support survivors and reduce the incidence of domestic abuse. We recognise that the Church is one institution in a network of many that must play its part in recognising and referring on cases of domestic abuse to those with statutory responsibility. Progress has been made in many dioceses in developing relationships with statutory and voluntary agencies working to address domestic abuse and this approach is recommended for all dioceses and parishes.

For the Church, support of survivors and response to alleged or known perpetrators of domestic abuse must be considered primarily as a safeguarding issue and also in the wider context of good pastoral care.

In July 2004 the General Synod of the Church of England passed a motion in relation to the Church’s commitment to tackle domestic violence.

In addition the Anglican Communion resolutions 15:7 and 16:2, 3 provide a context for the Church to address issues of gender justice and domestic abuse.

In February 2014, the General Synod approved the following motion on gender-based violence:

That this Synod, believing that all people are made in the image of God and that all forms of violence based on gender represent an abuse and violation of that image:

● Affirm work already undertaken in dioceses, deaneries, parishes and Church of England schools in raising awareness and caring for survivors of gender-based violence in all our diverse communities;

● Support measures to bring alleged or known perpetrators to account and provide support for changed lifestyles;

● Encourage boys and men to stand against gender-based violence;

● Commend Anglican Consultative Council Resolution 15:7 on preventing and eliminating gender-based violence to dioceses, deaneries and parishes and urge them to seek practical approaches to its implementation.

1.2. Our theological approach

When considering theology and domestic abuse we have to realise that religious or spiritual factors are central to the victim’s understanding and response. His/her own faith and the support of Church can be vital in helping the healing process, while a lack of understanding regarding the Biblical perspective on abusive relationships by the victim or those he/she turns to for spiritual guidance and support can add to the emotional, physical and financial hurdles already faced.

The basis of our theological approach is summarised as follows:

  • Human beings are created in the divine image to live in relationships of love, respect and mutual self-giving. This should be reflected in how intimate relationships are conducted.
  • Tragically, the corruption of human nature which Christian theology names ‘sin’ means that the mutual dependence and shared vulnerability which are inseparable from intimacy can instead become the vehicle through which one person can inflict profound hurt, damage and abuse upon another.
  • The pattern of living that is revealed through Jesus in his relationships with others entails that abuse of any kind is contrary to the will of God and an affront to human dignity. This entails a heavy responsibility upon the Church and its members to do everything possible to prevent or halt it.
  • The good news of Christ promises God’s redeeming presence and power in situations of pain and suffering. Through rejection of patterns of violence, and support of those who have been abused, the Church is called to be a vehicle of God’s work of healing for both survivors and alleged or known perpetrators of abuse.
  • The Church is committed to doing justice to the truth about God and human beings that is revealed in the Christian Gospel.

A summary of Biblical verses that have been used to justify abuse and more helpful interpretations of these verses is given in Appendix 3.

1.3. Church of England Policy on Domestic Abuse

The Church of England is committed to raising awareness about domestic abuse and its impact on individuals, children, the wider family and community.

It will work to ensure that:

● The safety of individuals suffering abuse or seeking help is the first priority, and to be aware of the need for confidentiality within the bounds of good safeguarding practice;

● Teaching and worship reflects awareness-raising about domestic abuse, uses appropriate language and says clearly that domestic abuse is wrong;

● Inappropriate behaviour is challenged, this needs to be done in an extremely careful way, in a way that does not place any individual including a victim at increased risk.

● Clergy and clergy spouses have the same access to support and resources as others who are experiencing domestic abuse. In addition the Diocesan Bishop will appoint a Bishop’s Visitor [*] whose role is to support the clergy or clergy spouse at the time of the breakdown of the relationship, and for as long as possible after, as required.

It is committed to all church bodies:

● Adopting and publishing a local policy on domestic abuse, including who to contact if there are concerns;

● Having clear procedures in place to respond to concerns about domestic abuse in line with Responding to Domestic Abuse Practice Guidance and Responding to Serious Safeguarding Concerns Against Church Officers Practice Guidance.

● Ensuring signage is in place in local venues to demonstrate that your church or setting is willing to talk with everyone about domestic abuse and how to access support;

● Appointing a named individual who has responsibility for domestic abuse and violence and who is a point of contact for any advice and support. This may be the DSA, PSO or the nominated safeguarding lead;

● Training those in leadership positions, safeguarding roles and with pastoral roles on domestic abuse;

● Discussing domestic abuse and violence in appropriate contexts such as marriage preparation, youth groups, ordinand training and in church settings;

● Organising and promoting training and awareness-raising sessions;

● Working with Statutory agencies and other support bodies. Supporting and publicising their work.


1.4. What do you need to do in a diocese?

Drawing on the policy statement, the box below summarises what a diocese needs to have in place (this can be adapted for other church bodies):

Summary guidance on domestic abuse for dioceses

Do:

● Adopt and publish a domestic abuse statement, including who to contact if there are concerns (see Appendix 4 for a template Diocesan Statement);

● Appoint a named individual who is a point of contact for any advice and support for parishes and other church bodies, as appropriate. This may be the DSA;

● Have clear procedures in place to respond to concerns about domestic abuse in line with Section 3 and Responding to Serious Safeguarding Concerns against Church Officers Practice Guidance; 

● Monitor all concerns in relation to domestic abuse allegations and concerns against church officers in the diocese;

● Provide support to parishes to implement the domestic abuse policy and practice guidance;

● Appoint a Bishop’s Visitor and ensure that all clergy and their partners know how to access support;

● Deliver a domestic abuse training programme for those in leadership positions, safeguarding and pastoral roles in the diocese and parishes;

● Work in partnership with other specialist agencies.

1.5. What do you need to do in a parish?

Drawing on the policy statement, the box below summarises what a parish needs to have in place (this can be adapted for other church bodies):

Summary guidance on domestic abuse for parishes

Do:

● PCC to agree a parish domestic abuse statement including who to contact if there are concerns (see Appendix 5 for template Parish Statement);

● Appoint a named individual who is a point of contact for any advice and support. This may be the Parish Safeguarding Officer (PSO);

● Follow the process on how to respond to concerns about domestic abuse (see Section 2). If parishes are in any doubt as to what action to take they should refer to the Diocesan Safeguarding Adviser (DSA).

● Support those in leadership positions, pastoral and safeguarding roles to engage in Diocesan domestic abuse training.

● Consider the best place to display the domestic abuse statement including information about helplines and local services.

● Discuss domestic abuse in appropriate contexts such as marriage preparation (see Appendix 8 for good practice guidance).

● Challenge inappropriate comments and behaviour by church members.

Please note: You are reminded that the ‘due regard’ duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 applies.

2.1. Responding to victims/survivors

It is sometimes tempting to minimize the survivor’s experiences. After all (we might wrongly reason), we’ve all been in arguments, so if they can’t cope, then it’s their problem. Yet an abusive relationship is not about an ordinary, everyday argument in which both people have a bit of a yell and then make up. It is very different indeed and often involves repeated behaviour. We must guard against deciding which abusive behaviour is worth bothering with, and which is not. We must offer help and support to all who ask for and need it.

Responding to Domestic Abuse: Guidelines for Those with Pastoral Responsibilities, 2006 (p.24) Church of England. Archbishops’ Council.

 

The guidance below aims to assist you in responding to people disclosing abuse. If you feel ill-equipped to deal with the situation please contact the DSA for advice and guidance. The safety of children and victims is paramount. All actions should carefully consider the risk to their, and your, safety. Telephone calls, holding information about support services for domestic abuse, the use of texts and emails and accessing relevant websites all create potential risks for those experiencing abuse.

For information on the statutory definition of abuse, its prevalence and effects, and how to recognise both victims/survivors and alleged perpetrators please see Appendix 1. This also includes information on specialist types of domestic abuse.

Initial disclosure

If a victim discloses abuse, the following factors are important:

  • Most victims/survivors want to be asked. If you are able to broach the subject, your offer of help could be the first step in enabling them to seek help; e.g. ‘How are things at home?’ and if it becomes appropriate, ‘Is anyone hurting you?’
  • Do try wherever possible to talk in a safe, private place where you will not be interrupted, or arrange to talk again (but someone in distress may start talking anywhere).
  • Do try to make it clear that complete confidentiality cannot be guaranteed, depending on the nature of what is disclosed. Whilst you might respect an individual’s right to confidentiality this cannot be guaranteed i.e. when someone is being hurt and a criminal offence has been committed, someone is in danger, or when children are involved.
  • Do take plenty of time to listen and believe what they say. If they sense disbelief they may be discouraged from speaking again.

Immediate action

  • Do dial 999 (112 in Europe) if you are witnessing a violent incident or if the person needs medical care. If the victim is in immediate danger, the police should be called. Be aware that intervention may heighten risk, but it is important to explore how to ensure people are safe.
  • The safety of children is paramount. If children are involved, a referral to Children’s Service needs to be made in addition to calling the police; if possible, encourage the victim to make the referral themselves, perhaps supporting them through the process. The DSA will also need to be informed.

Your response to the disclosure

  • Do be sensitive to people’s backgrounds and cultures and check your own and their understanding of how the cultural issues affect them. Ask them about what support is available to them from friends and family.
  • Do affirm the strength and courage it takes to have survived the abuse and even more to talk about it.
  • Do encourage them to seek professional help from a local domestic abuse service who will be able to offer practical safety planning advice, even if they do not want to leave their home. In addition give information about national specialist helplines and websites, as required (see Appendix 9).
  • Do express concern for their safety and immediate welfare. Do they have somewhere to stay?
  • Do ask about the children and their safety and welfare. You may need to persuade them to report any concerns to children’s social care. You have no option but to do so if you have received information that a child is at risk.
  • Do encourage them to focus on their own needs, something they may not have been able to do since the abuse began but which is critical in helping them to change their situation.
  • Do reassure them that, whatever the circumstances, abuse is not justified and not their fault.
  • Do ask them what they want from you and the parish. Offer help which is in response to their needs and preferences and which lets them keep in control.

Record keeping and follow up

Appendix 7 covers issues of confidentiality and data protection. Summary guidance is as follows:

  • Do check if it is all right to contact them at home before doing so. Ask them what their preferred means of contact is and confirm that this is safe.
  • Do keep information confidential and as a general rule only share with informed consent where appropriate and if possible, respect the wishes of those who do not give consent to share confidential information. You should note that it may still be possible to share confidential information without consent if, in your judgement, it is necessary and proportionate to do so (i.e. there is a good reason), such as where the safety of the victim or (an) other(s) may be at risk. Always keep a record of your decision and the reasons why you decided to share (or not). If in doubt contact the DSA and the Diocesan Registrar.
  • Do make a brief objective note of date, facts and context of what you have been told but keep your opinions separate. This should be kept in strict confidence but could be useful in any future prosecution (see Safeguarding Records: Joint Practice Guidance for the Church of England and the Methodist Church (2015)).
  • You must share the incident with someone who is qualified within 24 hours and can support you to help you to think through the issues and action. This may be the DSA or local safeguarding officer/lead.
  • Do seek advice from the DSA or local safeguarding officer/lead to review the safety and risk issues in relation to the alleged perpetrator if they are in the same church. There may need to be a risk assessment and ‘safeguarding agreement’ put in place in line with House of Bishops practice guidance. This work needs be undertaken in consultation with the DSA.
  • Victim safety planning should be conducted by a professional, ideally from a domestic abuse service or a statutory agency. There may be an occasion when a victim wishes to discuss their safety with you. It is essential that you seek advice from a DSA before entering into detailed safety planning discussions. This planning would normally be guided by a safety planning format (see Appendix 6) and careful consideration should be given to where and how such information is provided and kept by the victim, to avoid being accessed by the perpetrator.
  • If the alleged perpetrator is a church officer you must talk to the DSA and follow the House of Bishops practice guidance on responding to serious safeguarding concerns in relation to church officers.
  • Do not give information about the victim’s whereabouts to the perpetrator or to others who might pass information on to the perpetrator. Do not discuss with the parish council/other members of a congregation who might inadvertently pass information on to the perpetrator.
  • When victims are leaving a controlling perpetrator, they often have to leave with nothing and have access to very limited financial support. Consider how your church can provide practical support to survivors.

Key telephone numbers for sources of help

● National Domestic Violence Helpline: 0808 2000 247

● Legal support (National Centre for Domestic Violence): 0844 8044 999 – provides a free, fast, emergency injunction service for victims of domestic abuse

● Male victims (Respect): 0808 801 0327

● Helpline for domestic abuse in same sex relationships: 0800 999 5428

 

2.1.1. Disclosure flowchart

It is recognised that it can be difficult to make a referral, which can be with or without the permission of the victim. Local Authority Social Care Departments are aware of the issues and sensitivities in relation to domestic abuse, and will ensure that they operate with professionalism and an awareness of the situation. Nevertheless, it is important that they are aware of the information concerning domestic abuse, so that they can act on it appropriately. It is not the role of the Church, nor anyone employed within the Church, to investigate the issues and incidents – only social care and the police have these statutory powers.

Please follow this process when you become aware of an incident of domestic abuse and violence.

Please note this flowchart will be made available as a separate document on the Church of England website.

Domestic-abuse-chart.png

2.2. Responding to alleged or known perpetrators

The Church has an important role in challenging inappropriate behaviour. This can, however, lead to increased risks for both the victim and the person who challenges the alleged or known perpetrator. This needs to be done in an extremely careful way, i.e. one that does not place a victim at increased risk. Factors to consider include:

● Ensuring that the victim is at the highest priority in terms of safety and well being, and that any action is victim/survivor centred.

● If the alleged perpetrator is to be met, ensuring that it is in a public place, and that there are others in the meeting.

● Maintaining an awareness of the danger that the alleged perpetrator may pose to you, and ensuring that you and others are safe.

● You must share the incident with a properly trained professional within 24 hours who can support you to help you to think through the issues and actions. This may be the DSA or local safeguarding officer/lead. There may need to be a risk assessment and ‘safeguarding agreement’ put in place in line with House of Bishops practice guidance. This work needs be undertaken in consultation with the DSA.

● If the alleged perpetrator is a church officer you must talk to the DSA and follow the House of Bishops practice guidance on responding to serious safeguarding concerns in relation to church officers.

● Co-operating and working with the statutory authorities ensuring that information is only given to them and not to the alleged perpetrator concerning the victim.

● Sharing information about helplines and services.

Record keeping and follow up

Please see the previous section on ‘record keeping and follow up’ above. Additional guidance in relation to responding to alleged or known perpetrators is as follows.

Do try to make it clear that complete confidentiality cannot be guaranteed. Whilst you might respect an individual’s right to confidentiality this cannot be guaranteed. Information has to be shared without consent when someone is being hurt, a criminal offence has been committed and/or a child or adult is at risk. If you are unsure whether or not to share information contact your Diocesan Safeguarding Adviser.

Do seek advice from a DSA or local safeguarding officer/lead if the alleged perpetrator threatens self-harm, as they may require urgent support.

Appendix 7 covers issues of confidentiality and data protection.

These are some actions to avoid in responding to alleged or known perpetrators:

  • Do not collude with, excuse or minimise their behaviour.
  • Do not meet with them alone and in private. Meet in a public place or in the church with several other people around.
  • Do not try to investigate or offer/provide treatment. Only those professionally trained should discuss any issues formally with them.
  • Do not provide a character witness in any proceedings and be involved in any processes which may seem as if the Church supports their position. Do not advocate for the perpetrator.

2.3. Additional guidance for clergy and licensed lay ministers

Responding to victims
  • Do help the victim/survivor with any religious concerns.[*]
  • Do emphasise that the marriage covenant is broken by the violence from their partner.
  • Do not pursue couples’ counselling/mediation with them and their partner if you are aware that there is violence in the relationship.
  • Do assure them of God’s love and presence.
  • Do pray with them.
  • Don’t encourage them to forgive the alleged perpetrator and/or take them back.
Responding to perpetrators
  • Do address any religious rationalisations they may offer or questions they may have.
  • Do not allow them to use religious excuses for their behaviour.
  • Do name the abuse as their problem, not the victim’s/survivor’s. Tell them that only they can stop it and seek assistance.
  • Do not pursue couples’ counselling/mediation with them and their partner if you are aware that there is violence in the relationship.
  • Do not be taken in by his ‘conversion’ experience. If it is genuine, it will be a tremendous resource as they proceed with accountability. If it is phony, it is only another way to manipulate you and the system and maintain control of the process to avoid accountability.
  • Do pray with them.
  • Do assure them of your support in this endeavour.

Please see the FAOC paper on ‘Forgiveness and Reconciliation’ for further information.

Perpetrator programmes

The attitudes that underpin domestic abuse are often deeply-rooted and difficult to change. Some success has been achieved through Domestic Violence Intervention Programmes for alleged or known perpetrators. These are extended (often six to nine months) one to one or group-based sessions which challenge the attitudes and behaviours of alleged or known perpetrators. Parallel groups may be organised for their partners to ensure that they are held to account.

Attendance at a perpetrator programme is often mandated by a court but it is possible in some parts of the country for men to self-refer to such programmes. Contact Respect or local authority for more details of local provision.

2.4. Pastoral issues

There are real issues for parishes where both parties continue to attend church. Parishes need to be aware of any legal restrictions around those perpetrating abuse and ensure these are not undermined. They need to consider how to support both parties safely, noting that the vicar cannot support both individuals. If they need further advice in relation to providing support they should contact the Diocesan Safeguarding Adviser.

If the victim/survivor or perpetrator is a member of the clergy, please talk urgently to the Diocesan Safeguarding Adviser to review the action required to ensure safety and the appropriate response (see section 2.5.2 below).

There is also the opportunity to form pastoral teams in order to provide emotional and pastoral support to those who are affected by domestic abuse. Training and awareness raising sessions should be available to the teams. These teams can consist of those who are available to support victims, a pastoral element, a trainer, and the safeguarding adviser in the parish and/or diocese/cathedral. The focus of the team is to ensure that there is support to victims/survivors within the church and that policies and practice guidance have been adopted. There may be a long-term need to provide pastoral support for survivors of domestic abuse, including support to couples when one or both parties have experienced abuse in a previous relationship

2.5. Clergy and domestic abuse

If the partner of an ordained person, or an ordained person, discloses abuse, they must be treated in exactly the same way as any other victim. Clergy and clergy spouses must have the same access to support and resources as others who are experiencing domestic abuse.

If a member of the clergy or clergy partner who lives in church housing has decided to leave the relationship, they are likely to need alternative housing. Every Diocesan Bishop is advised to appoint a Bishop’s Visitor for the victim/survivor of abuse, be they a member of the clergy or clergy spouse (see below). They may also consider appointing someone to offer pastoral support to an alleged perpetrator if they are a member of the clergy.

Clergy may see marital breakdown as a failure of their ordination vows and therefore be particularly vulnerable to staying in abusive relationships for many years. In such situations, dioceses should not put fear of scandal above the safety of vulnerable people. Clergy should expect to be believed by their Bishop when disclosing abuse, and supported should they wish to separate or divorce. An assessment should also be made of the likely risk to any children. At a most basic level, the survivor and family should be offered all reasonable steps to keep safe should they separate from the perpetrator (for example changing locks on the clergy housing). Clergy who are survivors should not be threatened with losing their post or housing in the event of divorce as this could create intolerable stress for the family and lead to people staying in dangerous situations. In such cases, the Church is compounding the abuse and colluding with the perpetrator. Counselling should be made available if requested for the survivor and any children.

2.5.1. Bishops' Visitors

The role of a visitor is to:

  • Support the victim/survivor of abuse be they a member of the clergy or clergy spouse at the time of the breakdown of the marriage, and for as long as possible after, as the victim/spouse needs;
  • Listen to, give information and represent the needs of the victim/survivor in the subsequent church and statutory enquiries, and help them think about next steps;
  • Identify with the victim/survivor any additional pastoral needs e.g. therapeutic or other needs they have, and suggest how these may be best met, seeking advice from the DSA as required, including recommendations for payment of any required counselling;
  • Record meetings or contact they have with the victim/survivor and passing on relevant information to the DSA as appropriate.

The visitor has a duty to disclose so as not to affect any investigation; it is important to recognise and to acknowledge that where others may still be at risk statutory agencies may need to be informed.

Both male and female visitors need to be available to accommodate individual needs and choice.

The frequency of contact between the visitor and the survivor needs to be agreed and under constant review in liaison with the survivor, the Bishop and the DSA. While in some cases it might be right for the visitor to remain in contact, there are also times when the individual should be referred to another person for counselling or other therapeutic care. The frequency and time limit of these sessions should be agreed between the survivor, Bishop and DSA. The question of whether the visitor also remains in touch will require careful thought, consultation and agreement with the Bishop and DSA. At all times it needs to be clear who is responsible for what.

Experience and skills

The key attributes of the visitor will be:

  • Ability to listen;
  • Ability to manage sensitive and difficult information;
  • Ability to identify when a person may require more specialist support;
  • Capacity to understand issues of confidentiality;
  • Awareness and experience of supporting victims/survivors of domestic abuse;
  • Awareness of how the Church works. 

Training

The visitors will need domestic abuse training (see section 3).

2.5.2. Alleged perpetrator who is a member of the clergy

They must be treated in exactly the same way as any other alleged perpetrator (see section 2.2).

In addition under section 30 of the Clergy Discipline Measure 2003 (CDM), a priest who is

  • convicted of any offence in England or elsewhere and is imprisoned (including a suspended sentence); or
  • is convicted of an offence on indictment in England or Wales; or
  • has a decree of divorce or an order of judicial separation made against him/her following a finding of adultery, behaviour in such a way that the petitioner cannot reasonably be expected to live with the respondent, or desertion and, in the case of divorce, the decree has been made absolute
  • may be removed from office and/or prohibited from exercising any functions as a priest (whether for life or for a fixed term). [*]

Where a priest or deacon is being considered for appointment to a post and that person currently holds, or most recently held, a post in another diocese, the bishop of the ‘receiving’ diocese should apply to the bishop of the ‘sending’ diocese for a combined Reference and Current Status Letter in the form approved by the House of Bishops (hereafter in these notes called ‘the Bishop’s Reference’). The same procedure should apply when a retired priest or deacon applies for permission to officiate in a diocese other than that in which his or her confidential personal file (‘blue file’) is held.

Part B of the Bishop’s Reference should include information relating to any concerns about safeguarding (paragraph 6). Safeguarding concerns could relate (but are not limited) to the protection of children, young people and adults from physical, emotional and/or sexual abuse, neglect or domestic violence. Even when the police have decided not to pursue an investigation, or the Crown Prosecution Service has declined to prosecute, any potential risk should still be assessed. If there is any relevant history, the bishop should consult the Diocesan Safeguarding Adviser before completing Part B.

Under the Data Protection Act 1998, the person about whom a Bishop’s Reference is given will be entitled to ask to see it once it is in the hands of the receiving bishop. The Bishop’s Reference should therefore, as a general rule, be expressed in a way that enables it to be shared with the priest or deacon concerned, and such sharing is recommended as a matter of good practice. However, some information may be exempt from disclosure, such as information that reveals the identity of a third party or information that may prejudice the prevention or detection of a crime or the capture or prosecution of an offender. Therefore, advice should be sought from the Diocesan Registrar prior to sharing the information.

2.6. Mediation

Mediation is a specialist ministry which needs to be undertaken by trained experts. In order for mediation to work and to not make situations worse the parties involved must have equal power and must share some common vision of resolution. It is not recommended that mediation is undertaken in cases of domestic abuse. Mediation is an option or alternative to the civil law remedies in these cases and can, if used in an inappropriate manner, be a highly dangerous practice and increase the risk of harm to the victim

A case study: Andrew and Jody

Andrew is separated from his wife, Jody, who had called the police and Andrew was arrested after an incident of domestic abuse. Charges were pressed and he was found guilty and given a community service order. Andrew is living apart from Jody. The couple have two children aged 6 and 8, both of whom live with Jody. Andrew wants to be reconciled with his wife and with the church of which they are both long-standing members. He has come to the vicarage to discuss this with the vicar, whom he asks to run an informal ‘truth and reconciliation’ meeting for anyone in the church who wants to come, in which he can explain what he has done, how sorry he is and how he is desperate to be reintegrated into his two homes – his domestic home and his spiritual home. He is currently not attending church.

Considerations in responding

The vicar needs to seek advice and support from the DSA in how best to respond.

The vicar needs to check out Andrew’s motives: in approaching the vicar, who knows them both, Andrew might be seen as manipulating the vicar to support him, with the prime motive of reconciliation with his wife. What evidence is there of his repentance, and the steps he has taken to change his behaviour? How are his spiritual needs currently being met?

Any consideration of reconciliation with Jody must be in the context of assessing risk to her and risk to their children, and can only be considered if Jody is also willing to consider a conciliation process.

The vicar should not get involved in any conciliation between them as this is specialist work and needs to be undertaken by an independent agency equipped for the purpose. The vicar can signpost Andrew to such agencies.

The vicar can discuss with Andrew repentance and forgiveness by God, and arrange for him to receive spiritual care. This would be most appropriately offered by someone not known to either of them.

The vicar needs to be aware of boundaries of confidentiality, and should not be passing information from Andrew to Jody or vice versa. By so doing, not only may he lose the trust of one or the other, but he may be putting Jody at further risk.

The vicar should take care not to put the sanctity of marriage over the safety of vulnerable people.

2.7. Multi-agency response to domestic abuse

2.7.1. Independent Domestic Violence Advisors

Independent Domestic Violence Advisors (IDVAs) help keep victims and their children safe from harm from violent partners or family. Serving as a victim’s primary point of contact, IDVAs normally work with their clients from the point of crisis, to assess the level of risk. They:

  • discuss the range of suitable options;
  • develop plans for immediate safety – including practical steps for victims to protect themselves and their children;
  • develop plans for longer-term safety;
  • represent their clients at the MARAC (see below);
  • help apply sanctions and remedies available through the criminal and civil courts, including housing options.

These plans address immediate safety, including practical steps for victims to protect themselves and their children, as well as longer-term solutions. 80% of IDVAs are employed by voluntary agencies; the rest are in the public sector.

The DSA may refer to the IDVA service for support for high risk victims.

2.7.2. Multi-Agency Risk Assessment Conferences

  • A Multi-Agency Risk Assessment Conference (MARAC) is a local, multi-agency victim-focused meeting where information is shared on the highest risk cases of domestic abuse between different statutory and voluntary sector agencies. Anyone can refer a case to a MARAC. Parishes would not normally expect to be involved in MARACs directly, but can refer a case through the DSA.

The MARAC aims to:

  • share information to increase the safety, health and well being of victims/survivors, adults and their children;
  • determine whether the alleged perpetrator poses a significant risk to any particular individual or to the general community;
  • construct jointly and implement a risk management plan that provides professional support to all those at risk and that reduces the risk of harm;
  • reduce repeat victimisation;
  • improve agency accountability; and
  • improve support for staff involved in high-risk domestic abuse cases.

The agencies invited should be any that have a role to play in the victim and any children’s safety, therefore the DSA may be invited to attend a MARAC to discuss safeguarding issues for the church.

2.7.3. Multi-Agency Public Protection Arrangements (MAPPA)

The Criminal Justice Act 2003 (‘CJA 2003’) provides for the establishment of Multi-Agency Public Protection Arrangements (‘MAPPA’) in each of the 42 criminal justice areas in England and Wales. These are designed to protect the public, including previous victims of crime, from serious harm by sexual and violent offenders. They require the local criminal justice agencies and other bodies dealing with offenders to work together in partnership in dealing with these offenders.

MAPPA is not a statutory body in itself but it is a mechanism through which agencies can better discharge their responsibilities and protect the public in a co-ordinated manner. Although, generally, it is the statutory agencies that are involved in the MAPPA, a DSA may be invited to attend a MAPPA to discuss safeguarding issues for the church in managing a perpetrator.

2.7.4. Domestic Homicide Reviews

Domestic Homicide Reviews (DHR(s)) were established under section 9 of the Domestic Violence, Crime and Victims Act 2004.

The Secretary of State can direct that a DHR is carried out when a person has been killed as a result of domestic violence. It attempts to identify what happened, and what needs to change to reduce risk in the future. The government guidance notes that domestic violence and abuse which results in the death of the victim is often not a first attack and is likely to have been preceded by psychological and emotional abuse. Many people and agencies may have known of the incidents, for instance: neighbours may have heard violent arguments; doctors may have seen injuries; the police may have attended residences; there may have been previous prosecutions and/or injunctions etc. Serious injury and homicide in domestic violence and abuse cases can sometimes be preventable if agencies intervene early. Therefore, it follows that local agencies should have adequate policies and procedures in place to instruct agency staff on how to intervene in domestic violence and abuse cases. There should also be specialist support for victims and their children as well as services for families, friends and others who may be affected by the death.

The purpose of a DHR is to ensure agencies are responding appropriately to victims of domestic violence and abuse by offering and putting in place appropriate support mechanisms, procedures, resources and interventions with an aim to avoid future incidents of domestic homicide and violence. The DHR will also assess whether agencies have sufficient and robust procedures and protocols in place, which were understood and adhered to by their staff.

2.7.5. The Care Act 2014 and Domestic Abuse

The statutory guidance issued under the Care Act 2014 states that adult safeguarding means ‘protecting an adult’s right to live in safety, free from abuse and neglect’. It should not be forgotten that a considerable amount of adult safeguarding work in people’s homes relates to the domestic abuse of people with care and support needs. There is a good deal of overlap between safeguarding and domestic abuse procedures. Where domestic abuse has happened this may in some cases require a safeguarding response by the local authority. The Care Act 2014 places a number of duties on local authorities.

For a safeguarding response to be required by the local authority under the Care Act 2014, the individual involved has to meet the following three criteria:

  • having care and support needs (whether or not the authority is meeting any of those needs);
  • experiencing (or being at risk of) abuse or neglect; and
  • being unable to protect themselves because of those needs. The Care Act states that freedom from abuse and neglect is a key aspect of a person’s well-being.

The Care Act guidance outlines that abuse and neglect can take many forms and can be caused deliberately or unintentionally.

The guidance outlines that the aims of adult safeguarding in the local authority are to:

  • Stop abuse or neglect wherever possible;
  • Prevent harm and reduce the risk of abuse or neglect to adults with care and support needs;
  • Safeguard adults in a way that supports them;
  • Promote an approach that concentrates on improving life for the adults concerned;
  • Raise public awareness;
  • Provide information and support to help people understand the different types of abuse, how to stay safe and what to do to raise a concern about the safety or well-being of an adult;
  • Address what has caused the abuse or neglect.

For instance, if the above three criteria are satisfied, the local authority will then have a duty to make, or cause to be made, enquiries if it believes the adult in question is experiencing or at risk of abuse or neglect. Such an investigation will determine what action should be taken by the local authority or others (e.g. extra care or support or a change in the way services are provided). If it is discovered that a crime is likely to have been committed the police may be involved.

If you want to learn more about a local authority’s role and duties in relation to the Care Act and domestic abuse, the Local Government Association provides guidance in relation to ‘Adult safeguarding and domestic abuse – A guide to support practitioners and managers’ (Second edition (2015))'.

Please note: You are reminded that the ‘due regard’ duty under section 5 of the Safeguarding and Clergy Discipline Measure 2016 applies.

The Church of England requires domestic abuse training to be undertaken by those who will have roles with survivors and alleged or known perpetrators. This includes all DSAs and pastoral workers and teams.

A modular safeguarding learning and development programme has been created which builds core, generic safeguarding training according to role, and through a person’s ministry path, as well as identifying specialist areas of training which will be necessary for some roles. See Practice Guidance: Safeguarding Training and Development (2017).

One of the specialist training modules is S3 – Responding to domestic abuse/violence. This specialist training module aims to examine issues relating to domestic abuse, especially for vulnerable groups and children in the context of adult abuse, and how the Church can respond well to this.

By the end of the module / on return to their workplaces, with use of personal notes and module learning resources and to meet prescribed national standards participants will be able to:

  • List key statistics and describe possible behaviours relating to domestic abuse;
  • Evidence responding appropriately to information about domestic abuse;
  • Describe a range of ways to manage risk to adults who are vulnerable and children;
  • List and describe referral pathways and the roles of supporting agencies;
  • Reflect on the implications of responding well to domestic abuse for traditional Christian teaching about marriage.

The module will explore issues for vulnerable groups and children in the context of adult abuse.

Appendix 1: Domestic abuse fact sheet

 

Appendix 2: The legal context

 

Appendix 3: Theology

 

Appendix 4: Diocesan statement on domestic abuse

 

Appendix 5: Parish statement on domestic abuse

 

Appendix 6: Draft safety and exit plan

 

Appendix 7: Confidentiality and data protection

 

Appendix 8: Marriage preparation: Recommended good practice

 

Appendix 9: Resources

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