Policy paper

Statutory definition of domestic abuse factsheet

Updated 3 January 2024

What are we going to do?

The Act creates, for the first time, a cross-government statutory definition of domestic abuse, to ensure that domestic abuse is properly understood, considered unacceptable and actively challenged across statutory agencies and in public attitudes.

It is vital that in tackling domestic abuse, everyone, from statutory bodies to members of the public, has a proper understanding of it and how to support and protect victims.

A statutory definition of domestic abuse will help to do this, emphasising that domestic abuse is not just physical or sexual violence, but can also be emotional, coercive or controlling, and economic abuse.

Victoria Atkins MP, Minister for Safeguarding

What have we done?

• We have created a statutory definition of domestic abuse, which is based on the existing cross-government definition. The definition of domestic abuse is in two parts. The first part deals with the relationship between the abuser and the abused. The second part defines what constitutes abusive behaviour.
• We have set out two criteria governing the relationship between the abuser and the abused. The first criteria states that both the person who is carrying out the behaviour and the person to whom the behaviour is directed towards must be aged 16 or over. Abusive behaviour directed at a person under 16 would be dealt with as child abuse rather than domestic abuse. The second criteria states that both persons must be “personally connected”.
• The definition ensures that different types of relationships are captured, including ex-partners and family members.
• We have listed broad categories which capture a range of different abusive behaviours, including physical, emotional and economic abuse. We have specifically included economic abuse to demonstrate that it is a distinct type of abuse.
• The Act also recognises that domestic abuse can impact on a child who sees or hears, or experiences the effects of the abuse and it treats such children as victims of domestic abuse in their own right where they are related to or under parental responsibility of either the abuser or the abused.
• We have issued statutory guidance to provide further details on the different types of abuse and abusive behaviours that sit within the categories highlighted above, as well as the impact of domestic abuse on children.

Background

The Domestic Abuse Act and wider action plan will help to ensure that victims have the confidence to come forward and report their experience, safe in the knowledge that the justice system and other agencies will do everything they can both to protect and support them and their children and pursue their abuser.

The previous cross-government definition of domestic abuse, which was in place since 2012, operated on a non-statutory basis. Putting the definition, and the accompanying guidance, on a statutory footing while also recognising on the face of the Act the impact of domestic abuse on children will ensure that domestic abuse is properly understood and that in seeking to tackle this abhorrent crime and provide support services to survivors and their children, all public agencies and others are applying a common definition.

What is in the statutory guidance?

The statutory guidance provides further details on the different types of abuse and the forms they can take. This includes focusing on the gendered nature of domestic abuse and the devastating impact it can have on children who experience it.

It also explains the different types of abuse which are experienced by specific communities or groups, such as migrant women or ethnic minorities.

Who is the guidance aimed at?

The guidance is aimed at statutory and non-statutory bodies working with victims and perpetrators and commissioning services, including the police, local authorities and the NHS to increase awareness and inform their response to domestic abuse.

It is also aimed at support organisations working with victims.

What do you mean by economic abuse?

Economic abuse involves behaviours that interfere with an individual’s ability to acquire, use and maintain economic resources such as money, transportation and utilities. It can be controlling or coercive. It can make the individual economically dependent on the abuser, thereby limiting their ability to escape and access safety.

Examples of economic abuse include:

• having sole control of the family income;
• preventing a victim from claiming welfare benefits;
• interfering with a victim’s education, training, or employment;
• not allowing or controlling a victim’s access to mobile phone/transport/utilities/food;
• damage to a victim’s property

Why is there an age limit of 16?

In 2012, following a public consultation, the age limit in the cross-government definition of domestic abuse was lowered from 18 to 16, to recognise that young people can experience abuse in their relationships.

There was strong support for maintaining the age limit in the government’s domestic abuse consultation in 2018. We do not want to risk blurring the lines between domestic abuse and child abuse.

How does the Act deal with children affected by domestic abuse?

We recognise the devastating impact that domestic abuse can have on children who experience its effects in their own home.

Part 1 of the Act provides that a child who sees or hears, or experiences the effects of, domestic abuse and is related to or under parental responsibility of the person being abused or the perpetrator is also to be regarded as a victim of domestic abuse. This means that where the Act imposes a duty in relation to victims of domestic abuse, this will include children as described in Part 1.

This will help to ensure that locally commissioned services consider and address the needs of children affected by domestic abuse. For those responding to children experiencing domestic abuse, existing safeguarding, risk assessment and referrals processes and procedures should be followed. The statutory guidance ‘Working together to safeguard children’ sets out expectations for inter-agency working to safeguard and promote the welfare of children.

One of the key functions of the Domestic Abuse Commissioner will be to encourage good practice in the identification of children affected by domestic abuse and the provision of protection and support for these children.

Other measures in the Act will also help better protect both the victims of domestic abuse and their families, including the provisions in respect of Domestic Abuse Protection Orders and the Domestic Violence Disclose Scheme.

Does the definition acknowledge that victims of domestic abuse are primarily women?

We have used a gender-neutral definition of domestic abuse as we want to ensure that all victims and all types of domestic abuse are sufficiently captured and no victim is excluded from protection or access to services.

The supporting statutory guidance provides more detail on the features of domestic abuse, including recognising that the majority of victims are women.

This recognition has also been reinforced in the Violence Against Women and Girls Strategy, the Domestic Abuse Plan and the National Statement of Expectations. The latter will set out how local areas should ensure victims of violence and abuse against women and girls get the help they need.

What do you mean by ‘personally connected’?

A personal relationship between the victim and perpetrator is key to the definition of domestic abuse. This is how domestic abuse is generally understood amongst the public and agencies.

We define people who are ‘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.

Key facts

In the year ending March 2020, an estimated 2.3 million adults aged 16 to 74 years experienced domestic abuse in the last year (1.6 million women and 757,000 men).

The cumulative effect of small year-on-year reductions, including a significant decrease in the year ending March 2009, has resulted in a significantly lower prevalence of domestic abuse experienced by adults aged 16 to 59 years in the year ending March 2020 (6.3%), compared with the year ending March 2005 (8.9%).