Domestic abuse: Supporting victims and survivors

Approximate read time: 20 minutes

On 12 December 2024, the House of Lords is due to debate a motion moved by Baroness Chisholm of Owlpen (non-affiliated) to take note of the need to eliminate domestic abuse and to support its victims and survivors.

1. Domestic abuse

Domestic abuse is defined in the Domestic Abuse Act 2021. A person’s behaviour towards another is considered domestic abuse if both people are aged 16 or over and are personally connected, and the behaviour is abusive. Behaviour is considered ‘abusive’ if it consists of any of the following:

• physical or sexual abuse
• violent or threatening behaviour
• controlling or coercive behaviour
• economic abuse
• psychological, emotional or other abuse

The act prescribes how two people will be considered ‘personally connected’ to each other for the purpose of the statutory definition. This includes if they are married, in a civil partnership, an intimate relationship or in a parental relationship concerning the same child. The statutory definition also ensures that different types of relationship are captured, including ex-partners and family members.

The act did not create a specific offence of ‘domestic abuse’. However, criminal offences may be committed by perpetrators of domestic abuse.^[1] This includes public order offences, coercive and controlling behaviour and homicide. The domestic nature of the offending is deemed an aggravating factor by prosecutors because of the abuse of trust involved.^[2] Victims and survivors often know and live with, or have lived with, the offender and there may be a continuing threat to their safety. A child is considered a victim of domestic abuse for the purpose of the act if they see, hear or experience the effects of abuse and are related to the victim/survivor or offender.

Domestic abuse is considered one of several forms of violence against women and girls (VAWG).^[3] Whilst most reported victims and survivors of domestic abuse are women, some men, children, transgender and non-binary people are also affected.^[4]

The act, law enforcement organisations and the court system commonly use the term ‘victim’ to refer to the person who experiences domestic abuse. However, some people prefer the term ‘survivor’. The phrase ‘victims and survivors’ will be used for the purpose of this briefing.

2. Prevalence of domestic abuse in England and Wales

An estimated 2.3 million people aged 16 years and over experienced domestic abuse in the year ending March 2024, according to the latest ONS bulletin on ‘Domestic abuse in England and Wales overview: November 2024’. This estimate is based on crime survey for England and Wales data and includes victims and survivors who have chosen not to report the matter to the police or other domestic abuse services and therefore have not gone through the justice system. This equated to an estimated 4.8% of people aged 16 years and over in England and Wales. Of these, 1.6 million were women and 712,000 were men. The ONS said there was no statistically significant difference in the prevalence of domestic abuse experienced by people aged 16 years and over in the year ending March 2024 when compared with the previous year.

The ONS bulletin is a collection of domestic abuse data for each stage of the criminal justice system, including police recorded crimes, charges and prosecutions. The data for each stage is produced separately by several different organisations in England and Wales, including Crown Prosecution Service (CPS) data, police recorded crime data and results from the crime survey for England and Wales. The ONS is unable to track domestic abuse cases through each stage of the criminal justice system. As such, it is not possible to make direct comparisons between data from different stages. This is because they are collected on different bases (such as victims, crimes, suspects or defendants), as well as different timescales and reference periods. When the data is taken in isolation, it may not provide the context required to understand the national and local picture of domestic abuse. However, the ONS has said the data can help to build a picture of what has happened at each individual stage of the system.

2.1 Police recorded domestic abuse

The police recorded approximately 1.4mn domestic abuse-related incidents and crimes in England and Wales in the year ending March 2024.^[5] ‘Domestic abuse-related crimes’ refers to incidents that resulted in a crime being recorded by the police and included in police recorded crime data supplied by the Home Office. Domestic abuse-related ‘incidents’ include those reported to the police but that did not amount to a crime following an investigation. Data on incidents is collected to create a total picture of the demand that domestic abuse has on the police.

Of the 1.4mn incidents and crimes recorded, 851,062 were recorded as domestic abuse-related crimes.^[6] This was a decrease when compared to 911,248 in the previous year. The ONS said this decrease was in part reflective of recent changes in police recording practices. Domestic abuse-related crimes represented 15.8% of all offences recorded by the police in the last year. Women were disproportionately represented amongst victims and survivors as in previous years, with 72.5% of all victims being recorded as female in the last year.

2.2 Suspects charged with domestic abuse-related crimes

The CPS charged 49,046 suspects in domestic abuse-related cases in the year ending March 2024.^[7] This saw the CPS domestic abuse-related charging rate increase to 79.0% compared with 76.5% in March 2023.^[8] The ONS said this was the highest charging rate since its records began in March 2015. The ONS said there are various reasons why the CPS could decide not to press charges, including:

• a lack of evidence to provide a realistic prospect of conviction
• it is not in the public interest
• the victims/survivor is not willing or may feel unable to support a prosecution

2.3 Domestic abuse-related prosecutions

The CPS recorded 51,183 domestic abuse-related prosecutions in the year ending March 2024.^[9] Of these, 38,776 (75.8%) resulted in convictions and 12,407 (24.2%) resulted in non-convictions. The percentage of prosecutions that led to a conviction in the latest year (75.8%) was lower than the previous year (76.4%). Reasons why cases do not result in conviction include complainant-related issues such as victims/survivors withdrawing their support for the case, victim non-attendance at court and a lack of evidence to support the case.

3. Domestic abuse commissioner briefing on criminal justice and domestic abuse (September 2024)

The domestic abuse commissioner for England and Wales is the independent advocate for victims and survivors of domestic abuse.^[10] The purpose of this statutory role is to raise public awareness and hold agencies and government to account in tackling domestic abuse. Nicole Jacobs was appointed in 2019 as the first commissioner and was reappointed for her second three-year term in 2022.

In early 2025, the commissioner is expected to lay a report before Parliament setting out her recommendations for achieving long-term change in the end-to-end criminal justice response to domestic abuse.^[11] In advance of this report, the commissioner has published a briefing paper with her early findings and recommendations for immediate change.^[12] The briefing raised several concerns including inconsistent support for victims and survivors. Some key findings and recommendations from the briefing have been summarised below.

3.1 An end-to-end criminal justice system approach to domestic abuse

The commissioner raised concerns with several aspects of the criminal justice process, including inconsistent data quality across police forces on domestic abuse cases and an inability to track cases from report to court.^[13] She said this had meant the impact of improvements to the system could not be accurately measured.

Ms Jacobs said that specialist domestic abuse organisations were operating with limited resources despite an “ever-growing” demand on their services.^[14] She also stated that victim confidence in the system had “significantly decreased” because of police-perpetrated VAWG. Despite these concerns, the commissioner said she had seen “pockets” of positive practice that had delivered good outcomes for those victims and survivors accessing them. However, Ms Jacobs warned that this support was often limited to certain geographical areas or implemented inconsistently across areas.^[15]

To address these problems, the commissioner called for improvements in both standards and consistency in the end-to-end criminal justice response to domestic abuse. Ms Jacobs said this would require system-wide accountability mechanisms, joined-up working between support agencies and collaboration with the specialist domestic abuse sector. To improve victims and survivors’ confidence following police-perpetrated VAWG, the commissioner also called for structural changes to be made to the management of police misconduct and vetting. Over the longer-term, the commissioner said changes must be made to the police recruitment process to ensure compassion and understanding are embedded into policing culture.

3.2 Impact of police first response on victims and survivors

Police officers are often one of the first professionals that victims and survivors share their experiences of abuse with, according to research by the commissioner from 2023.^[16] Therefore, the commissioner described it as “critical” that police delivered a “positive, trauma-informed and compassionate first response”.^[17] Ms Jacobs said this was because the first response could have a direct impact on a victim and survivor’s confidence in the system and likelihood of continuing through the process. She referred to anecdotal evidence from victims, survivors and specialist domestic abuse organisations that some police officers had “minimised the level of harm and risk experienced” by the victim/survivor during the first callout.^[18] The commissioner said whilst there were examples of police delivering a positive experience, she described these instances as “few and far between”. In this regard, the commissioner has emphasised the importance of embedded partnership working between police and specialist services.

To ensure victims and survivors receive a positive first response, the commissioner’s recommendations included a call for regular training for police and 999 call handlers on identifying and responding to domestic abuse.^[19] Additionally, she called on the government to examine the dynamics of partnership working between police and specialist domestic abuse services at a local level to ensure it is embedded within their response to domestic abuse.

3.3 Prosecution, trial and sentencing

The commissioner explained the importance of a positive court experience.^[20] Ms Jacobs described how, for victims and survivors, a lack of information and communication during the court process had led some to feel intimidated and retraumatised. She also referred to the impact that court delays and backlogs had on their health and livelihood.^[21]. To address these concerns, the commissioner said victims and survivors should have direct access to specialist support throughout the court process. One recommendation included the government prioritising domestic abuse and VAWG cases in nightingale courts to help ease court backlogs and delays. ‘Nightingale courts’ are additional temporary courts used to increase capacity and alleviate pressure on courts and tribunals.^[22]

3.4 Prisons and probation

Victims and survivors whose perpetrators are convicted can be at further risk once their perpetrator is released, the commissioner said.^[23] This was due to “siloed working” from agencies and pressure on the police and probation service. Ms Jacobs referred to the importance of community management of offenders to manage this risk and safeguard those affected.

Additionally, the commissioner highlighted the risk of victims and survivors being criminalised themselves due to offending caused by the abuse they have experienced.^[24] The commissioner argued that there was insufficient support available in these circumstances.

Overall, Ms Jacobs said that victim safety depended on the expertise and capacity of prisons and probation staff. She highlighted partnership working, comprehensive training and adequate resourcing as essential tools for ensuring offenders were safely managed in the community. The commissioner gave several recommendations in this regard, including that a government-led scoping exercise be undertaken into the support available to victims and survivors in the criminal justice system. She also called on the Ministry of Justice to introduce a statutory mitigating factor when sentencing those affected by VAWG whose offending has been driven by their experiences of abuse.

3.5 Perpetrator management

The commissioner said that most domestic abuse perpetrators remained in the community regardless of whether they have been charged or convicted.^[25] This risk required accurate community management to keep victims, survivors and the wider public safe, the commissioner said. However, Ms Jacobs raised concerns about how effective existing community management measures were and argued the onus was mostly on victims to manage their own risk and safety.

As a solution, the commissioner said that a coordinated, multi-agency response to the management of domestic abuse perpetrators was needed.^[26] She emphasised the need for early intervention and prevention, in addition to coordinated management of the most high-risk perpetrators. The commissioner’s recommendations included the Ministry of Justice and the Home Office developing a national strategy and providing funding for the provision of best practice programme models for perpetrator management.

4. Recent government announcements

The Labour Party’s 2024 manifesto included a mission to “halve violence against women and girls in a decade”.^[27] In aid of this mission, the government has recently announced several policies aimed at addressing and reducing domestic abuse and VAWG.

On 27 November 2024, the government launched a pilot of ‘domestic abuse protection notices’ (DAPNs) and ‘domestic abuse protection orders’ (DAPOs) as provided for by the Domestic Abuse Act 2021.^[28] A DAPN can be issued by police to a domestic abuse perpetrator if the police consider it necessary to protect the victim/survivor from further domestic abuse.^[29] A DAPN contains specific instructions that the perpetrator must follow such as staying away from a victim and survivor’s home. A DAPO is an order that can be made by the court and used to impose wider restrictions and prohibitions on a perpetrator. Applications for a DAPO can be made by the police, the victim and survivor themselves, or by a third party. Breach of a DAPN or DAPO is a criminal offence.

Police forces involved in the DAPN/DAPO pilot are Greater Manchester Police, the Metropolitan Police (in the London boroughs of Croydon, Bromley and Sutton) and the British Transport Police.^[30] North Wales Police and Cleveland Police are due to join the pilot in early 2025. Home Office Parliamentary Under Secretary of State for Safeguarding and Violence Against Women and Girls Jess Phillips said the rollout of DAPNs and DAPOs formed a key part of the government’s safer streets mission and aim to halve VAWG in a decade. The minister also announced the publication of statutory guidance for police forces to support the effective use of DAPNs and DAPOs.^[31]

Labour’s manifesto also included a commitment to embed domestic abuse specialists in 999 control rooms to enable victims and survivors to talk directly to an expert.^[32] This would form part of “Raneem’s law” in memory of Raneem Oudeh and her mother Khaola Saleem, who were murdered by Ms Oudeh’s ex-partner Janbaz Tarin in 2018.^[33] Speaking to the plans, Home Secretary Yvette Cooper said these domestic abuse specialists would help control room staff with risk assessments and work with police officers on the ground to ensure those affected received a fast response and referral to support services.^[34] On 25 November 2024, Jess Phillips confirmed the government would introduce Raneem’s law from early 2025 in order to improve the police response to domestic abuse crimes.^[35]

The government has also made other commitments as part of its mission to halve VAWG in a decade. For victims of rape specifically, this included a commitment to fast-track cases by introducing specialist courts at every crown court location in England and Wales.^[36] Additionally, the government has announced plans to roll out free, independent legal advocates for victims of adult rape.^[37]

The government has also committed to looking at the age that domestic abuse victims are recognised by law.^[38] Currently, the Domestic Abuse Act 2021 requires the perpetrator and victims/survivors to be 16 years or over for it to be considered a domestic abuse crime. However, there have been calls for this to be lowered following cases such as that of 15-year-old Holly Newton, who was murdered by her ex-boyfriend in January 2024.

On the courts system, the government has said it would expand the pathfinder courts model in the family court to ensure children and families were supported with access to domestic abuse specialists.^[39] The pathfinder courts model is a pilot first launched by the Conservative government in 2022 at family courts in North Wales and Dorset.^[40] The aims of the pilot included improving information sharing between agencies such as the police, local authorities and the courts to avoid victims and survivors having to retell their traumatic experiences. The pilot was extended to family courts in Birmingham and Cardiff during 2024.^[41]

The government’s overall target to halve VAWG in a decade has been welcomed by the Conservative Party. Shadow Parliamentary Under Secretary at the Home Office Alicia Kearns described the government’s ambition as a “significant target that could transform the lives of so many”.^[42] However, she also sought clarity from the government about how it planned to measure the rate of VAWG to determine progress against this target. Responding on behalf of the government, Jess Phillips said the exercise of determining what the measurement would be remained in progress.^[43]

5. External reaction to the government’s announcements

Whilst domestic abuse support organisations have welcomed the government’s recent announcements, some have called for more to be done to increase domestic abuse support. Domestic abuse organisation Refuge has described the DAPO/DAPN pilot rollout as “long overdue”.^[44] However, it stated that more was still needed to better support victims and survivors and hold perpetrators to account, including more funding for VAWG services and a shift in police response to domestic abuse.

Domestic abuse charity Women’s Aid has also welcomed the pilot but expressed concerns about whether DAPOs and DAPNs would ensure long-term safety for victims and survivors.^[45] Head of Policy Sophie Francis-Cansfield said existing protective orders such as restraining orders had previously been criticised for not providing adequate protection from further harm to victims and survivors. She said this had been attributed to a lack of awareness, monitoring and robust response to breaches which had meant that perpetrators were able to “act with impunity even when these orders are in place”. Ms Francis-Cansfield said the pilot had the potential to protect those affected but “only if properly implemented and monitored”. Echoing this sentiment, Harriet Wistrich, director of the Centre for Women’s Justice, said the organisation welcomed the pilot’s announcement but believed it would have little impact without a “radical transformation in the implementation of these orders”.^[46]

VAWG support organisation Standing Together Against Domestic Abuse has said it welcomed both the government’s pilot and plans to introduce Raneem’s law.^[47] The organisation added that it was “vital” that control room staff received mandatory domestic abuse training so they could provide a trauma-informed response to victims and survivors. Domestic abuse support organisation SafeLives said it believed the role of domestic abuse specialists in 999 control rooms “should be filled by an operational call manager who has received domestic abuse awareness training from a specialist organisation and can ensure independent domestic violence advisers (IDVAs) are engaged when appropriate”.^[48] IDVAs are trained specialists independent to the police, courts or social services who provide support to victims and survivors of domestic abuse throughout the criminal justice process.^[49]

From the policing sector, assistant commissioner and lead for domestic abuse for the National Police Chiefs’ Council, Louise Rolfe, described the DAPN/DAPO pilot as an “encouraging milestone”.^[50] Ms Rolfe acknowledged that the enforcement of existing protective orders had been “inconsistent across the country” and did “not always go far enough” to prevent domestic abuse. She said these new orders would adopt a case-by-case approach that took “victims’ individual circumstances and needs into consideration, with longer-term, more robust safety measures”. Additionally, the College of Policing has said it is supporting the government’s pilot and has produced guidance for policing on DAPOs and DAPNs.^[51]

On the government’s overall target to halve VAWG in a decade, some academics and support organisations have argued this may be unachievable without further action. Professor Nicole Westmarland, director of the Durham Centre for Research into Violence and Abuse, said she welcomed the government’s ambition but that there had to be a “serious look at prevention” of violence and abuse in order to meet this target.^[52] Additionally, the chief executive of domestic abuse support organisation Wearside Women in Need, Laura Seebholm, is said to have welcomed to the government’s ambition but argued that more detail, innovative solutions and resources would be needed to meet the target.

6. Read more

• Ministry of Justice and Home Office, ‘Domestic abuse protection notices (DAPNs) and domestic abuse protection orders (DAPOs)’, 27 November 2024
• Centre for Justice Innovation, ‘Implementing domestic abuse protection notices and orders’, November 2023
• Robert Cuffe and Suzanne Leigh, ‘Domestic abuse cases rarely convicted, data shows’, BBC News, 27 November 2024
• Home Office, ‘Domestic Abuse Bill 2020: Factsheets’, updated 3 January 2024
• House of Commons Library, ‘Tackling violence against women and girls’, 25 November 2024

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Cover image by Priscilla Du Preez on Unsplash.