1.2 Summarise key points of legislation established to address domestic abuse

This guide will help you answer 1.2 Summarise key points of legislation established to address domestic abuse.

Domestic abuse legislation in the UK exists to protect individuals from harm, hold offenders accountable, and provide clear guidance for professionals. These laws cover physical, emotional, psychological, sexual, and financial abuse within relationships and family settings. Domestic abuse is recognised as a serious crime and a deeply harmful behaviour pattern. It can affect anyone regardless of gender, age, background, or culture.

Understanding the main laws helps health and social care workers support victims, promote safety, and work within the legal framework.

The Domestic Abuse Act 2021

The Domestic Abuse Act is a landmark piece of legislation in England and Wales. It came into force to strengthen protection for victims and improve support services.

Key points include:

• Legal definition: Provides a clear definition of domestic abuse, covering physical violence, emotional abuse, controlling or coercive behaviour, sexual abuse, and economic abuse. Economic abuse refers to controlling a person’s access to money, benefits, or resources.
• Recognition of children: States that children who see, hear, or experience the effects of abuse are also considered victims.
• New criminal offence: Strengthens existing offences such as controlling or coercive behaviour and includes more situations where victims do not live with their abuser.
• Domestic Abuse Protection Notices (DAPNs): Police can issue these notices to provide immediate protection for victims.
• Domestic Abuse Protection Orders (DAPOs): Courts can enforce these longer-term orders with various requirements and restrictions, such as stopping the perpetrator from contacting the victim or going near their home.
• Special measures in court: Victims can get help such as giving evidence from behind a screen or via video link.

The Act works alongside other laws but puts domestic abuse into a clear and consistent legal framework.

The Protection from Harassment Act 1997

This Act was introduced to cover harassment and stalking, which often occur alongside domestic abuse.

Key points include:

• Prohibition of harassment: Makes it a criminal offence to pursue a course of conduct that amounts to harassment of another person.
• Stalking offences: Includes provisions on stalking, which can involve repeated unwanted contact, surveillance, or following the person.
• Injunctions: Allows victims to apply to court for an injunction to prevent further harassment.
• Breach as a criminal offence: Breaking the terms of an injunction can lead to arrest and prosecution.

This legislation is an important tool when abuse takes the form of harassment over time, such as repeated unwanted messages or being followed.

Serious Crime Act 2015 (Section 76)

This section created the offence of controlling or coercive behaviour in an intimate or family relationship.

Key points include:

• Definition: Controlling behaviour is a range of acts designed to make a person dependent by isolating them from support, exploiting them, or regulating their everyday life. Coercive behaviour is behaviour that causes fear of violence or serious distress.
• Applicability: The victim and perpetrator must be personally connected, such as current or former partners or family members.
• Emotional harm recognised: Offence can be charged even if there is no physical violence.
• Penalties: Can lead to up to five years imprisonment, fines, or both.

This law helps address subtle and long-term patterns of abuse.

Family Law Act 1996

The Family Law Act provides civil remedies for domestic abuse victims, focusing on protection and safety rather than criminal penalties.

Key points include:

• Non-molestation orders: Prevent the abuser from harassing, threatening, or using violence against the victim or children.
• Occupation orders: Decide who can live in the family home and exclude the abuser if needed.
• Quick application routes: Victims can apply to the court directly, often without needing the abuser’s knowledge initially.
• Enforcement: Breach of a non-molestation order is a criminal offence and can lead to immediate arrest.

This legislation is used widely to create safe boundaries and living arrangements.

The Children Act 1989 and 2004 Amendments

The Children Act establishes the welfare of the child as a primary concern in all decisions.

Key points relevant to domestic abuse:

• Child protection: Local authorities must investigate if they believe a child is suffering or likely to suffer significant harm.
• Parental responsibility and safety: In cases of domestic abuse, contact arrangements with parents can be restricted or supervised to protect the child.
• Multi-agency safeguarding: Encourages cooperation between professionals to protect children from the effects of abuse.
• Recognition of emotional harm: Abuse witnessed by a child can be considered emotional harm in law.

These provisions stress the importance of safeguarding not only direct victims but children in the home.

Crime and Security Act 2010 – Domestic Violence Protection Notices and Orders

This Act introduced tools for police to provide immediate and short-term protection for victims.

Key points include:

• Domestic Violence Protection Notices (DVPNs): Police can issue these on the spot to remove the abuser from the home and stop them from contacting the victim for up to 48 hours.
• Domestic Violence Protection Orders (DVPOs): Court orders that can extend the restrictions for up to 28 days, giving victims time to seek longer-term measures or safe housing.

These measures help break the cycle of abuse and give the victim breathing space.

Housing Act 1996

Housing legislation links to domestic abuse through homelessness duties.

Key points include:

• Priority need: Victims of domestic abuse are recognised as having a priority need for rehousing support from local authorities.
• Safe accommodation: Local councils must make suitable arrangements, which may include refuges or safe housing.
• Protection from eviction: Occupation orders under family law can work alongside housing duties to keep victims in their home where safe.

This Act helps survivors obtain stable shelter away from the perpetrator.

Legal Aid for Victims

Access to justice is supported through legal aid in domestic abuse cases.

Key points include:

• Evidence requirements: Victims must provide certain forms of evidence, such as police reports, social services records, or letters from health professionals, to access funding.
• Coverage: Legal aid can cover family law cases, injunctions, and some criminal matters.
• Aim: Helps victims afford representation for protective measures and divorce or separation when abuse has occurred.

Legal aid is critical to enabling victims to use the legal protections available.

Police Powers and National Guidance

Police in the UK have specific powers under various laws to arrest and charge for domestic abuse offences.

Key points include:

• Arrest without warrant: If there is reasonable suspicion of an offence or breach of protection order.
• Seizure of weapons: Where risk of harm is evident.
• Evidence-led prosecutions: Can bring charges without the victim’s cooperation when other strong evidence supports the case.
• National police guidance: Provides procedures for responding to domestic abuse calls, including risk assessment and referral to specialist support.

Police action often acts as the first line of protection.

Workplace Protection – Employment Law Links

Although not a direct domestic abuse law, employment provisions can help protect victims.

Key points include:

• Health and Safety duties: Employers must protect staff from foreseeable risks, which includes threats of abuse at work.
• Time off for court: Victims can use emergency leave for legal proceedings or relocation.
• Privacy protection: Safeguards around confidential data ensure abusers cannot access work contact details.

Employers can play a role in ongoing safety planning.

Links to Safeguarding Legislation

Domestic abuse legislation works alongside safeguarding laws such as the Care Act 2014.

Key points include:

• Adult safeguarding duties: Local authorities must make safeguarding enquiries if an adult is at risk of abuse and unable to protect themselves.
• Support planning: Includes safe accommodation, emotional support, and health care.

This integration ensures vulnerable adults are protected within community care structures.

Final Thoughts

Legislation addressing domestic abuse in the UK is broad and multi-layered. Each law focuses on a different aspect of protection, from emergency orders to long-term safeguarding, and from criminal penalties to housing support.

For a health and social care worker, understanding these laws is not about memorising legal texts but about knowing how they fit into practical support for victims. Professionals should be aware of the key protective tools and where to refer people for legal assistance. Recognising the signs of abuse and acting quickly can make these laws effective in real life.

The aim of these legal measures is to create a safer environment, prevent further harm, and give victims the power and support to rebuild their lives. By applying this knowledge, you can work confidently within your role, knowing you are using the full strength of the law to protect those at risk.