Introduction
48.1 The Company understands that it has a duty of care to employees and a legal responsibility to provide a safe and effective work environment. As such, the Company is committed to ensuring that any employee who is the victim of domestic abuse has the right to raise the issue with us in the knowledge that they will receive appropriate support. The Company aims to create a safe working environment for all staff by raising awareness of domestic abuse through training, providing guidance to Nursery Managers, supporting domestic abuse survivors, signposting staff to appropriate specialist support and working to eliminate risks related to domestic abuse in the workplace.
Aim
48.2 This policy, provided by BAND, outlines how the Company will support employees who have experienced or are experiencing domestic abuse. It applies to all members of staff including agency and contract staff. It sets out our procedures for staff and Nursery Managers to follow when responding to domestic abuse. This policy also covers the approach the Company will take where there are concerns that an employee may be the perpetrator of domestic abuse.
Recognising Domestic Abuse and Violence
48.3 Domestic abuse refers to abusive behaviour which takes place between 2 people aged 16 or over who are personally connected to each other. This includes people who are or have previously been married, in civil partnerships or relationships have a child together or are relatives. The Domestic Abuse Act 2021 recognises post-separation abuse including controlling or coercive behaviour by a former intimate partner that takes place post-separation or by a family member who does not reside with the victim.
48.4 Anyone can be a victim of domestic abuse regardless of race, ethnic or religious group, sexuality, socio-economic status, gender identity, mental health or disability. Domestic abuse is most commonly perpetrated by men. Women are more likely to experience repeat victimisation, be physically injured or killed as result of domestic abuse and experience non-physical abuse (including emotional and financial abuse) than men. The Company recognises that controlling and abusive behaviour can also occur in same sex relationships and can be perpetrated by women against men.
48.5 Bristol against Violence and Abuse (BAVA) define domestic abuse as the misuse of emotional, physical, financial or sexual control by one person over another.
48.6 Domestic abuse can be physical, sexual, psychological, emotional or economic and may involve violence, threats, controlling or coercive behaviour. Abuse can be a single incident but is often a pattern of behaviours. This definition includes so-called ‘honour’-based violence, forced marriage, female genital mutilation, human trafficking and sexual exploitation.
48.7 In practice, domestic abuse is the abuse of power and control over one person by another and can take many different forms and can include, but is not limited to, the following:
- Coercive control (a pattern of intimidation, degradation, isolation and control. Including threats to share intimate images or ‘revenge porn’)
- Gaslighting (persistently undermining or manipulating someone, so they doubt their own sanity or become convinced that they are the problem).
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- Psychological and/or emotional abuse.
- Physical abuse.
- Sexual abuse.
- Financial or economic abuse.
- Harassment and stalking.
- Online or digital abuse.
- Controlling behaviour.
48.8 The Domestic Abuse Act 2021 recognises children as victims of domestic abuse rather than witnesses of domestic abuse when a child sees or hears, or experiences the effects of, domestic abuse and is related to the person being abused or the perpetrator.
48.9 Signs that an employee might be experiencing domestic abuse include:
- Changes in behaviour, including uncharacteristic depression, anxiety, distraction or problems with concentration, becoming very quiet, anxious, frightened, tearful.
- Changes in their quality of work.
- Arriving late or leaving early.
- Poor attendance or spending more hours at work than required.
- Needing regular time off for appointments.
- Repeated injuries or unexplained bruising or explanations that do not fit with the injuries.
- Decreased productivity.
- Taking frequent or excessive calls during work time.
- Inappropriate or excessive clothing (that might be hiding injuries or bruising).
48.10 This list of possible signs is not exhaustive. The signs could manifest themselves over time and the behaviours may be indicative of other concerns.
48.11 Research shows that domestic abuse frequently extends into work itself. This could include being stalked and harassed during working hours by using workplace resources such as telephones and emails to threaten, harass, stalk or abuse. The impact of these behaviours can impact an employee’s ability to concentrate and perform at work. Domestic abuse can also have impact on the wider staff team and workplace environment.
Raising awareness of domestic abuse within the workplace
48.12 The Company is committed to ensuring that the management and leadership team have the skills to support staff who are experiencing domestic abuse. Domestic abuse training will be provided for Nursery Managers and the wider staff team. The Company will raise awareness of domestic abuse by sharing the information in this policy with staff and ensuring that it is accessible through the Staff Area of the Bristol Childcare website.
Confidentiality
48.13 As far as possible, any employee seeking help will be assisted in the strictest confidence. Employees who disclose that they are a victim of domestic abuse can be assured that the information they provide is confidential and will not be shared with other colleagues without their permission. There are however, some circumstances in which our duty of care as an employer is the overriding factor and confidentiality cannot be assured. This may occur when there are concerns regarding children, vulnerable adults or where the organisation is required to protect the safety of their employees. If someone is in immediate danger, the police will be telephoned on 999. In these circumstances, the employee will be informed as to the reasons why confidentiality cannot be maintained.
Responding to suspected or disclosed domestic abuse
48.14 An approach of asking sensitive and appropriate questions in a confidential space to create a supportive atmosphere may support employees to feel more able to discuss domestic abuse. In doing so, it is important to avoid making assumptions as well as putting pressure on individuals to disclose or take a particular course of action. The role of a Nursery Manager is not to deal with the abuse itself but to make it clear that employees will be supported and to outline what help is available.
48.15 The Company will use the following approach if domestic abuse is suspected or disclosed
- Recognise the problem (look for signs and ask)
- Respond
- Refer
- Record
Recognise
48.16 If domestic abuse is suspected and there is reason to believe that an employee is experiencing domestic abuse, the Nursery Manager or another member of staff, such as those with a leadership or management responsibility, should facilitate a conversation to be able to discuss this and identify and implement appropriate support. If the Nursery Manager or another staff member needs further advice or assistance before speaking to a member of staff about domestic abuse, they can seek advice from a trade union, ACAS or a domestic abuse organisation.
48.17 They will listen, believe and take the disclosure seriously. They won’t be judgmental about the victim’s response to the perpetrator’s behaviour but will respect and accept the victim’s thoughts and ideas on the way forward outside of work; the victim will know best how the perpetrator may react. They will be reassured that the discussion will remain confidential unless an exception applies, such as an immediate risk to life or children are at risk of harm (see section on confidentiality). They will not be given advice beyond the Nursery Manager or member of staff’s expertise, such as pressurising the victim to leave the perpetrator.
48.18 The Nursery Manager will let the employee know that they have the right to report what is happening and the police have a duty to respond (but do not pressure them to take any action that they are not comfortable with).
48.19 Often it may be the case that a member of staff chooses not to disclose information about domestic abuse during a first discussion. They should be given details of a nominated person(s) to contact, should they wish to discuss any matters that might be affecting them in the future.
48.20 A factor to consider is that abuse often continues when a relationship has ended, with the time around separation a particularly dangerous time for a victim. Statistically the period following separation is the most dangerous time for serious injury and death. It is important to remember that victims of domestic violence may be at increased risk of harm in the workplace if they leave an abusive partner, as it may be the only place where they can be located.
48.21 Post-separation abuse, including stalking, harassment and forms of physical, emotional, sexual and economic abuse can continue and cause harm for longer periods of time.
Respond
48.22 If a disclosure is made to a Nursery Manager, the following steps, in liaison with the victim/survivor, will be considered:
- Agreeing with the employee what to tell colleagues (on a need to know basis) and how they should respond if the perpetrator telephones or visits the workplace. All staff will be reminded of the importance of not divulging personal details of other employees such as addresses, telephone numbers or shift patterns.
- Conducting a workplace risk assessment to ensure that the potential risk to the employee and work colleagues is minimised with measures to ensure a safe working environment.
- Alerting reception (and other front of house staff) to the issue and providing them with a photograph of the perpetrator in agreement with the employee.
- Reviewing the security of the victim/survivor’s personal information, including email, phone, bank details and home address (which may be new or temporary), and reminding office staff not to disclose this information to third parties.
- Giving the victim/survivor the option of changing their work location if possible.
- Allowing the employee to change work patterns or workload and allowing flexible or more flexible working or special leave to facilitate any practical arrangements, such as getting advice from domestic abuse organisations or attending court.
- Providing ongoing support to ensure the victim/survivor’s safety and wellbeing is being checked.
- Alerting the employee to domestic abuse support organisations.
- Setting up procedures for alerting staff and police and being clear about what to do if the perpetrator gains access to the workplace. The lockdown procedure may be enforced.
- Changing the employee’s arrangements for payment if an employee is being denied access to their finances by an abusive partner.
48.23 This is not an exhaustive list and other steps may be considered. The right of employees to make their own decision about the course of action at every stage will be respected. Victims have the right to refuse support and assistance and the Company understands that it cannot share what they have disclosed with anyone unless there are grounds to break confidentiality (see section on confidentiality).
48.24 The Nursery Manager will be aware of the possibility of domestic violence and abuse when managing attendance. If the Nursery Manager suspects domestic abuse could be the cause of absence, they will try to create a supportive environment in which the employee is able to disclose the abuse if they wish to do so and will consider whether it is appropriate to issue sickness absence warnings where the known cause is domestic abuse.
Refer
48.25 When an employee discloses domestic abuse, Nursery Managers will encourage the employee to contact a support agency. Agencies help provide victims with full information about their legal rights and help victims and children to get protection from violence, by providing practical advice, support and other assistance.
48.26 Next Link provide a range of domestic abuse support services to women and children. These include safe houses, children’s services, dedicated Black and Ethnic Minority Services, resettlement and outreach services, and a crisis response service. Referrals are all made by telephone to their duty team. At the telephone stage women will be asked about their situation, the number of children they have with them, what areas of the city are unsafe for them and whether they want a safe house, the resettlement service, outreach support, crisis response service or the South Asian crisis service. Next Link will carry out a DASH risk assessment on all referrals and if appropriate refer to the Domestic Violence MARAC.
48.27 In Bristol, the Multi-Agency Risk Assessment Conferences (MARAC) are held to discuss victims of domestic abuse who are at significant risk of death or serious harm as a result of the domestic abuse they are experiencing. Frontline agencies such as Next Link may undertake a risk assessment with a victim, and decide if a referral should be made to a MARAC.
See below for a list of local and national domestic abuse supportive organisations.
Record keeping
48.28 The Nursery Manager will keep a confidential record of a disclosure and any action/ decisions that they have taken. In accordance with Data Protection, records will be kept strictly confidential. It will be made clear that recording domestic violence will have no adverse impact on the victim’s employment record. All absences will be recorded in accordance with normal procedures, but if they relate to domestic violence then they can be placed in a sealed envelope within the employee’s file marked ‘For Nursery Manager and Employee’s Access Only’.
48.29 A confidential record of any incidents of abuse in the workplace, including persistent telephone calls, emails or visits to the employee, will be kept. This information may be used if the employee wants to press charges or apply for an injunction. Records may also be used in criminal proceedings or if the employee wants to apply for a court order. As such, it is important that records are clear and accurate and should give dates, times and locations. Witnesses to such incidents will also be recorded.
48.30 In addition to our records the employee may want to keep a record of abuse themselves. Advice from a domestic abuse organisation can be sought on how to do this safely.
Allegations of Domestic Violence and Abuse committed by employees or volunteers
48.31 If a member of staff discloses or is alleged to be a domestic abuser, either the Nursery Manager or Designated Safeguarding Lead will follow our Safeguarding Policy regarding staff allegations and contact the Local Authority Designated Officer (LADO) within 1 working day, prior to any further investigation taking place.
48.32 The definition of a staff allegation includes:
- behaved or may have behaved in a way that indicates they may not be suitable to work with children. (Domestic Abuse can be considered under this definition)
48.33 The Nursery Manager or Designated Safeguarding Lead will follow the LADO’s advice on how to deal with allegations against staff. They will not start any investigation into the allegation until the LADO has been contacted. The process will usually involve a risk assessment of the situation.
48.34 Ofsted will be informed of any allegation or concern made against a member of staff within 14 days.
48.35 The Company will ensure that allegations are dealt with fairly and in a way that provides support for the person who is the subject of the allegation or disclosure. The member of staff will be treated fairly and honestly, helped to understand the concerns expressed and processes involved, kept informed of the progress and outcome of any investigation and advised of the implications for any disciplinary process. Information will be restricted to those who have a need to know in order to manage related disciplinary or suitability processes.
48.36 Employees should be aware that misconduct inside and outside of work is viewed seriously. This can lead to disciplinary action being taken, depending on the circumstances, in line with the Bristol Childcare Code of Conduct and can lead to questions raised about the employee’s suitability to work with children. Employees should also be aware that domestic abuse is a serious matter which can lead to criminal convictions.
48.37 There is a legal requirement for employers to make a referral to the DBS where they believe a person has caused harm or poses a risk of future harm to vulnerable groups including children. Advice from the LADO on this will be sought before making a referral.
48.38 The Company recognises that it has a role in encouraging and supporting employees to address controlling, violent and abusive behaviour of all kinds. The Company will provide information about the services and support available and will encourage the alleged abuser to seek support and help from an appropriate source.
48.39 In cases where both the victim and person alleged of committing domestic abuse work for the setting, appropriate action will be taken in accordance with this policy. In addition to considering potential disciplinary action against the alleged abuser, appropriate action may be required to manage contact between the victim and alleged abuser in the workplace.
Further Information:
Statistics about domestic abuse in England and Wales
Employers Domestic Abuse Toolkit
ACAS Support in the workplace for victims of domestic abuse
Workplace support for victims of domestic abuse
Domestic abuse: get help during the coronavirus (COVID-19) outbreak
A list of Support Organisations can be found in the Staff Area on the BCC website and in folder 9.3 on BCC Admin as well as on noticeboards in nursery.
