Children in Specific Circumstances

Children may suffer both directly and indirectly if they live in a household where there is domestic violence and abuse. The impact is usually on every aspect of a child’s life and will vary according to the child’s resilience and the strengths and weaknesses of their particular circumstances.

Working Together to Safeguard Children defines Domestic Abuse thus:

'Domestic abuse can encompass a wide range of behaviours and may be a single incident or a pattern of incidents. Domestic abuse is not limited to physical acts of violence or threatening behaviour, and can include emotional, psychological, controlling or coercive behaviour, sexual and/or economic abuse.

Types of domestic abuse include intimate partner violence, abuse by family members, teenage relationship abuse and child to parent violence and abuse. Anyone can be a victim of domestic abuse, regardless of gender, age, ethnicity, socio-economic status, sexuality or background and domestic abuse can take place inside or outside of the home.

Domestic abuse continues to be a prevalent risk factor identified through children social care assessments for children in need. Domestic abuse has a significant impact on children and young people.

Children may experience domestic abuse directly, as victims in their own right, or indirectly due to the impact the abuse has on others such as the non-abusive parent'.

Under the Domestic Abuse Act 2021, children are recognised as victims of domestic abuse in their own right, if they see, hear, or experience the effects of the abuse, and are related to the perpetrator of the abuse or the victim of the abuse. Abuse directed towards a child is defined as child abuse.

Where there is domestic abuse, the wellbeing of the children in the household must be promoted and all assessments must consider the need to safeguard the children, including unborn children.

The Domestic Abuse Act 2021 says that behaviour is ‘abusive’ if it consists of any of the following:

1. Physical or sexual abuse;
2. Violent or threatening behaviour;
3. Controlling or coercive behaviour;
4. Economic abuse;
5. Psychological, emotional or other abuse;

and it does not matter whether the behaviour consists of a single incident or a course of conduct. The perpetrator of the abuse and the victim of the abuse have to be aged 16 or over and be ‘personally connected’ as intimate partners, ex-partners, family members or individuals who share parental responsibility for a child. There is no requirement for the victim and perpetrator to live in the same household.

See Domestic Abuse: Statutory Guidance for descriptions and examples of a range of abusive behaviours to help with identifying domestic abuse, including physical abuse, violent or threatening behaviour, sexual abuse, controlling or coercive behaviour, harassment or stalking, economic abuse, verbal abuse, technology-facilitated abuse, abuse relating to faith, and so-called ‘honour’-based abuse.

Domestic abuse in teenage relationships is just as severe and has the potential to be as life-threatening as abuse in adult relationships. Victims under 16 should be treated as victims of child abuse and age appropriate consequences should be considered for perpetrators under 16. Abuse involving perpetrators and victims aged between 16 and 18 could be both child and domestic abuse.

The Domestic Abuse Act 2021 uses the term ‘victim’ but not everyone who has experienced, or is experiencing, domestic abuse chooses to describe themselves as a ‘victim’ and they may prefer another term, for example, ‘survivor’.

• Other forms of abuse may be present for example:
• Abuse by family members which can involve abuse by any relative or multiple relatives. Abuse within a family set-up can encompass a number of different behaviours, including but not limited to violence, coercive or controlling behaviours, and economic abuse. Abuse by family members also encompasses forced marriage, so called ‘honour’-based abuse and female genital mutilation;
• Child-to-Parent Abuse which can include physical violence from a child towards a parent or other family members such as siblings and a number of different types of abusive behaviours, including damage to property, emotional abuse, and economic/financial abuse. Violence and abuse can occur together or separately. Abusive behaviours can encompass, but are not limited to, humiliating language and threats, belittling, damage to property and stealing and heightened sexualised behaviours;
• Technological abuse using technology and social media as a means of controlling or coercing victims. This happens frequently both during and after relationships with abusers and is particularly common amongst younger people;
• Spiritual abuse using religion and faith systems to control and subjugate a victim often characterised by a systemic pattern of coercive or controlling behaviour within a religious context. A form of spiritual abuse may include the withholding of a religious divorce, as a threat to control and intimidate victims.

The offence of controlling or coercive behaviour in intimate or familial relationships was amended by the Domestic Abuse Act 2021 to include the definition of personally connected.

'Controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

Coercive behaviour is: an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.'

The definition includes so called 'honour’ based violence, female genital mutilation (FGM) and forced marriage, and is clear that victims are not confined to one gender or ethnic group.

Controlling or coercive behaviour in intimate or familial relationships is an offence (Serious Crime Act 2015). From the 5 April 2023 behaviour which amounts to Controlling or Coercive Behaviour now applies to partners, ex-partners, and family members, whether or not the victim and suspect are living together.

Controlling or coercive behaviour does not relate to a single incident, it is a purposeful pattern of behaviour which takes place over time in order for one individual to exert power, control or coercion over another. Such behaviours might include:

• Isolating a person from their friends, family and professionals;
• Depriving them of their basic needs;
• Controlling or monitoring the victim’s daily activities and behaviour;
• Technology-facilitated abuse;
• Monitoring their time;
• Monitoring a person via online communication tools or using spyware;
• Reproductive coercion, including restricting a victim’s access to birth control;
• Taking control over aspects of their everyday life, such as where they can go, who they can see, what to wear and when they can sleep;
• Depriving them of access to support services, such as specialist support or medical services;
• Repeatedly putting them down such as telling them they are worthless;
• Enforcing rules and activity which humiliate, degrade or dehumanise the victim;
• Forcing the victim to take part in criminal activity such as shoplifting, neglect or abuse of children to encourage self-blame and prevent disclosure to authorities;
• Using substances such as alcohol or drugs to control a victim through dependency, or controlling their access to substances
• Financial abuse including control of finances, such as only allowing a person a punitive allowance;
• Threats to hurt or kill;
• Using children to control or coerce the victim;
• Threats to animals to control or coerce a victim;
• Making threats of suicide as a method of controlling the victim;
• Threats to a child;
• Threats to reveal or publish private information (e.g. threatening to ‘out’ someone);
• Assault;
• Criminal damage (such as destruction of household goods);
• Rape;
• Preventing a person from having access to transport or from working.
• Threatening precarious immigration status against the victim.

For more information, see Nottingham City and Nottinghamshire Safeguarding Children Partnership Procedure Manual, Domestic Violence and Abuse Safeguarding Practice Guidance which includes policy, practice guidance and tools for working with families where domestic violence and abuse is an issue.

The use of drugs and alcohol by parents and carers may have a significant impact on the safety and wellbeing of children and it is essential that professionals, employees or volunteers in all agencies are able to identify when there is drug or alcohol use and undertake appropriate action to safeguard and promote the welfare of the children.

For more information, see Nottingham City and Nottinghamshire Safeguarding Children Partnership Procedure Manual, Children of Parents who Misuse Substances Safeguarding Practice Guidance which supports practitioners working with families where parental substance use is a feature.

The available evidence on the extent of abuse among disabled children suggests that disabled children are at increased risk of abuse, and that the presence of multiple disabilities appears to increase the risk of both abuse and neglect. The term “disabled children and young people” in this context is intended as a broad and inclusive term which may include any child or young person who has a physical, sensory or learning impairment or a significant health condition.

Disabled children may be especially vulnerable to abuse for a number of reasons:

• Many disabled children are at an increased likelihood of being socially isolated with fewer outside contacts than non-disabled children;
• Their dependency on parents and carers for practical assistance in daily living, including intimate personal care, increases their risk of exposure to abusive behaviour;
• They may have speech, language and communication needs which may make it difficult to tell others what is happening;
• They often do not have access to someone they can trust to disclose that they have been abused.

For more information, see Nottingham City and Nottinghamshire Safeguarding Children Partnership Procedure Manual, Disabled Children Safeguarding Practice Guidance.

Children who are missing from home may be at risk of harm as a consequence of their need for food and shelter or from the people with whom they come into contact with. Risks can include physical harm, sexual exploitation, substance use and involvement in a range of other criminal activities. These risks apply whether the child is missing from their own family home or from a foster home or children’s home whilst being Looked After by the Local Authority.

The primary consideration for children who are missing from home is their safe recovery and welfare. Although some agencies/staff groups have specific responsibilities for missing children all agencies that provide a service to children have a responsibility to work together when a child goes missing.

For more information, Nottingham and Nottinghamshire Safeguarding Children Partnerships have published Children Missing from Home and Care Joint Protocol.

The guidance also provides information on action to be taken in relation to children who are missing who are subject to a Child Protection Plan or Enquiries, are Unaccompanied Asylum Seekers or are not known to Children’s Social Care.

The sexual exploitation of children is defined as:

Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology. Working Together to Safeguard Children.

The sexual exploitation of children and young people has been identified throughout the UK, in both rural and urban areas… It robs children of their childhood and can have a serious long-term impact on every aspect of their lives, health and education. It damages the lives of families and carers and can lead to family break-ups… Children who are sexually exploited are the victims of sexual abuse and should be safeguarded from further harm. Sexually exploited children should not be regarded as criminals and the primary law enforcement response must be directed at perpetrators who groom children for sexual exploitation.

Any child or young person may be at risk of sexual exploitation, regardless of their family background or other circumstances. This includes boys and young men as well as girls and young women. However, some groups are particularly vulnerable. These include children and young people who have a history of running away or of going missing from home, those with special needs, those in and leaving residential and foster care, migrant children, unaccompanied asylum seeking children, children who have disengaged from education and children who are abusing drugs and alcohol, and those involved in gangs. (See: Child Sexual Exploitation: Definition and Guide for Practitioners (DfE 2017)). This advice is non-statutory, and has been produced to help practitioners to identify child sexual exploitation and take appropriate action in response. This advice includes the management, disruption and prosecution of perpetrator.

For more information Nottinghamshire and Nottingham City Safeguarding Children Partnerships have developed interagency practice guidance in relation to "Child Sexual Exploitation" to support practitioners and frontline managers (see Safeguarding Children and Young People from Sexual Exploitation, Inter-agency Practice Guidance).

Radicalisation is defined as the process by which people come to support terrorism and extremism and, in some cases, to then participate in terrorist groups.

Extremism is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces, whether in this country or overseas” (HM Government Prevent Strategy 2011)

Since the publication of the Prevent Strategy, there has been an awareness of the specific need to safeguard children, young people and families from violent extremism. There have been attempts to radicalise vulnerable children and young people to hold extreme views including views justifying political, religious, sexist or racist violence, or to steer them into a rigid and narrow ideology that is intolerant of diversity and leaves them vulnerable to future radicalisation.

Keeping children safe from these risks is a safeguarding matter and should be approached in the same way as safeguarding children from other risks. Prevent, in the context of counter-terrorism is intervention before any criminal offence has been committed with the aim of preventing individuals or groups from committing crimes.

For more information see Nottinghamshire and Nottingham City Safeguarding Children Partnerships Procedure Manual, Safeguarding Children and Young People Against Radicalisation and Violent Extremism Safeguarding Practice Guidance.

Nottinghamshire and Nottingham City Safeguarding Children Partnerships have also produced other Safeguarding Guides that can be accessed by clicking here.