1.1 Identify current key legislation relating to domestic abuse

This guide will help you answer 1.1 Identify current key legislation relating to domestic abuse.

Domestic abuse legislation in the UK has evolved to address physical, emotional, psychological, sexual, and financial harm within intimate and family relationships. The law provides protection for victims and guidance for agencies on how to respond. As a health and social care worker, knowing the key legislation helps you recognise abuse, safeguard individuals, and work within legal requirements.

Domestic abuse is not limited to physical violence. It often includes controlling behaviour, coercive behaviour, threats, intimidation, and isolation. The law reflects this wider definition.

Domestic Abuse Act 2021

The Domestic Abuse Act 2021 is the most recent and wide-reaching legislation in England and Wales. It provides a clear statutory definition of domestic abuse and strengthens protections for victims.

Key features include:

• Statutory definition of domestic abuse: Covers physical abuse, emotional abuse, controlling or coercive behaviour, economic abuse, and threats of violence
• Recognition of children as victims: Any child who sees, hears, or experiences domestic abuse is legally recognised as a victim
• Domestic Abuse Protection Notices (DAPNs) and Domestic Abuse Protection Orders (DAPOs): These give police and courts more power to remove perpetrators from a victim’s home and restrict contact
• Prohibition on cross-examination in family courts: Perpetrators cannot cross-examine their victims directly to prevent additional trauma
• Restrictions on perpetrator contact in criminal cases: More safeguards for victims during legal proceedings
• New role of Domestic Abuse Commissioner: Oversees how agencies respond, ensuring consistency and improvement across services

This Act builds a legal framework that empowers agencies and gives victims more rights.

Crime and Security Act 2010 – Domestic Violence Protection Orders

Domestic Violence Protection Orders (DVPOs) were introduced under this Act. They allow immediate intervention to protect victims, even if they do not press charges.

Key points:

• Police can issue a Domestic Violence Protection Notice, removing the perpetrator from the property for up to 48 hours
• The court can extend protection for up to 28 days via a DVPO
• The aim is to create a period of safety and prevent contact while victims access help and make longer-term decisions

DVPOs are a quick legal measure that prioritise victim safety over prosecution delays.

Serious Crime Act 2015 – Controlling or Coercive Behaviour

This Act introduced a criminal offence for controlling or coercive behaviour within intimate or family relationships.

Examples of controlling or coercive behaviour:

• Isolating a person from friends and family
• Monitoring movements or communications
• Restricting access to finances
• Repeated humiliation or degradation
• Threats to harm loved ones or pets

Key legal points:

• The behaviour must have a serious effect on the victim’s daily life
• The perpetrator and victim must be personally connected, which can include intimate partners or family members
• The offence carries a maximum sentence of five years in prison

Recognising coercive control is important for health and social care workers, as it often happens without physical violence yet causes significant harm.

Protection from Harassment Act 1997

Originally aimed at stalking, this Act is used in domestic abuse cases where victims face ongoing harassment.

Main provisions:

• Harassment is conduct causing alarm or distress on two or more occasions
• It is both a criminal offence and can lead to a civil injunction
• Stalking is recognised separately with stronger penalties
• Breaching a restraining order under this Act is a criminal offence

For victims, restraining orders can limit contact and help them feel more secure.

Family Law – Occupation and Non-Molestation Orders

Under Part IV of the Family Law Act 1996, victims of domestic abuse can apply for civil orders offering protection.

Types of orders:

• Non-Molestation Orders: Prevent a person from threatening or harassing
• Occupation Orders: Decide who can live in a property, potentially excluding the perpetrator

These orders can be granted quickly and can be applied for without informing the perpetrator first, in urgent cases.

Children Act 1989

The Children Act supports safeguarding children impacted by domestic abuse.

Relevant points:

• Courts can take domestic abuse into account when deciding custody or contact arrangements
• Local authorities must investigate under Section 47 if a child may be suffering or is likely to suffer significant harm
• Domestic abuse in the home is recognised as emotional harm to children

Children’s exposure to abuse is now widely treated as safeguarding and public protection issue.

Housing Legislation – Secure Tenancy Rights

Under housing law, victims of domestic abuse may have priority need for rehousing.

Impact:

• Local authorities must consider homelessness applications from abuse survivors as having priority status
• The Domestic Abuse Act 2021 ensures survivors can retain secure tenancies if they must leave their home for safety reasons

This legislation aims to reduce the risk of homelessness when fleeing abuse.

Human Rights Act 1998

Several human rights apply in domestic abuse cases:

• Article 2 – Right to life
• Article 3 – Freedom from torture or degrading treatment
• Article 8 – Right to private and family life

Public bodies have a duty to respect and uphold these rights, which can influence the way police, local authorities, and health workers respond.

Equality Act 2010

The Equality Act protects individuals from discrimination. Domestic abuse services must be accessible and non-discriminatory.

Points relevant to domestic abuse:

• Victims may face discrimination linked to gender, disability, or race
• Services must make reasonable adjustments to support victims with disabilities or language barriers
• Public sector equality duty requires agencies to consider how their work impacts protected groups

This legislation ensures that everyone has fair access to support.

Relevant Guidance and Codes of Practice

While legislation provides the legal framework, guidance helps professionals put it into practice. Examples:

• Statutory Guidance on Domestic Abuse Act 2021: Details how agencies should apply the Act in day-to-day work
• Working Together to Safeguard Children: National guidance on protecting children exposed to abuse
• Multi-Agency Risk Assessment Conferences (MARAC) guidance: Sets out how agencies share information to protect high-risk victims

Knowing both the law and guidance allows workers to make accurate decisions and record actions correctly.

Impact of Legislation on Health and Social Care Practice

Domestic abuse legislation directly affects the responsibilities of health and social care workers.

Legal requirements for workers include:

• Reporting safeguarding concerns about children exposed to abuse
• Identifying coercive control signs and knowing referral pathways
• Understanding how protection orders work and who to contact in emergencies
• Recording information accurately and securely for use in legal proceedings
• Working in partnership with police, housing, and support services

Workers must balance supporting the victim with meeting professional and legal obligations.

Recognising Domestic Abuse under the Law

Legislation helps define what counts as abuse. Recognising the different forms is key.

Types of abuse acknowledged:

• Physical harm
• Sexual violence
• Psychological harm through controlling behaviour
• Financial control and exploitation
• Threats and intimidation

Recognising these forms means you can take the right safeguarding steps.

Support Mechanisms Linked to Legislation

Legal measures are strengthened by support services.

Examples:

• Specialist domestic abuse support workers
• Emergency accommodation funded through housing legislation
• Counselling services offered by charities working alongside statutory agencies
• Police domestic abuse units trained in applying legislation

Legislation often requires agencies to work together so survivors get both legal protection and practical help.

Challenges in Applying Legislation

Not all victims feel able to use legal protections. Workers may face:

• Victims reluctant to involve police
• Fear of retaliation from perpetrators
• Complex family dynamics such as shared parenting
• Lack of awareness about the breadth of behaviours that count as abuse

Understanding these challenges helps you to offer sensitive and informed support.

Training and Awareness

Health and social care workers should receive training on domestic abuse laws.

Training should cover:

• How to spot signs and symptoms
• What legislation applies and how to explain it to victims
• Referral routes to specialist services
• How to record statements and evidence in line with legal standards

Competence in these areas supports victims and keeps workers within legal boundaries.

Recording and Reporting Abuse

Accurate and detailed recording is linked to legislation.

Good practice:

• Record dates, times, and specific behaviours described or observed
• Differentiate between fact and opinion
• Store records securely and only share them according to legal requirements
• Be aware that records might be used in court proceedings

Effective recording protects victims and supports prosecution or civil orders.

Multi-Agency Working

Legislation promotes combined responses from police, health, housing, and social care.

Key points in joint working:

• Share relevant information under legal exemptions to the Data Protection Act
• Attend MARAC meetings for high-risk cases
• Coordinate safety planning for victims and children
• Use agreed risk assessment tools

Partnership working gives better results for victims.

Final Thoughts

Domestic abuse legislation in the UK now covers more behaviours, offers stronger protection, and recognises children as victims. As a health and social care worker, knowing these laws helps you protect people, respond quickly, and document cases effectively. The Domestic Abuse Act 2021 is central, but other Acts such as the Serious Crime Act and Children Act remain important.

By applying your knowledge of legislation, you support victims legally and emotionally. You also build trust, show professionalism, and help create a safer environment. Understanding the law is not about legal training alone. It is about using that knowledge in daily interactions to protect people and potentially save lives.