Addressing Domestic Abuse in schools

This page provides information on the duties of schools to identify and tackle domestic abuse, including examples of good practice. 

Under Section 175 of the Education Act 2002, Local Authority maintained schools have a duty to safeguard and promote the welfare of children. If the school is an Academy, the Education Funding Agreement will need to be examined to see if this duty applies. 

Domestic abuse is a prevalent and often under reported cause of long term problems for children and families. Successfully addressing domestic abuse involves preventative and reactive action as well as inter-agency communication. This guide will outline the legal duties education professionals have in relation to safeguarding children in the context of domestic abuse. It will also cover best and recommended practices.

The cross government definition of Domestic abuse is:

Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass, but is not limited to:

• psychological
• physical
• sexual
• financial
• emotional

Implementing a multifaceted approach

Identifying children who are victims of domestic abuse or witness domestic abuse at home can be complicated. In addition to taking reactive measures schools should seek to underline that abuse in its many forms is wrong in order to create an environment where children are able to express themselves freely. Such action should help shaping attitudes towards tolerance and open-mindedness.

Preventative measures

It is strongly advised that discourse and debate around violence and abuse are tackled in Citizenship classes. Discussions should centre on topics including

• Concepts of power within relationships and how these can lead to violence in the home.
• Attitudes that can lead to violent behaviour
• The legal consequences of domestic abuse and that it is against the law 
• Why women (and men) can be forced to stay with violent partners
• Financial insecurity, threats against their children or family or depression and
• Mental health problems

Responsibilities to Safeguard Children

Schools and Local Authorities have a duty to ensure that child protection policies are in place and that procedures are well established and accessible.

The responsibilities for child protection are shared between Local Authorities, schools and relevant independent persons such as a Doctor under the Working Together to Safeguard Children Guidance.

An inter agency approach where information is shared between parties will help in dealing with children victims or children who witness domestic abuse. Internal school guidelines should make clear what kind of disclosures can be made without breaching the Data Protection Act. Where this is not clear clarification can be sought from the Information Commissioners Office.

The Children Act 1989 places a duty on schools to assist Local Authority Children’s  Services departments acting on behalf of children or enquiring into allegations of child abuse.

The individual responsibility of a teacher is dependent on their role in relation to Child Protection within the school. Each school should have a designated member of staff responsible for Child Protection matters and this person should be the one who referrals are directed to. This lead member of staff should undertake regular training and inter-agency work.

Child abuse is widely defined and as previously mentioned difficult to identify. Teachers are not under an obligation to investigate suspected abuse. A teacher should be familiar with the procedures within their school Academy or college for dealing with suspected Child Abuse. A teacher’s obligation is to report these to the lead who can take further action. For further information see our page on Safeguarding children in school.

Child protection training

Governing bodies should ensure that schools have senior members of the leadership team designated to take lead responsibility for dealing with all child protection matters, including domestic violence and abuse

What to do if you have concerns about a child’s welfare or they make a disclosure to you?

Teacher’s are encouraged to listen positively and reassure the child or young person, but without guaranteeing complete confidentiality. If you are not the schools designated Child Protection Lead you should then refer the matter to them.

What if one parent alleges that the other is abusing the child and wants the school to prevent contact in breach of a court order?

A court order places duties on parents in relation to contact and residence, in some cases a parent will want to breach the order and may ask the school not to prevent the child being passed to that parent they believe is abusing the child.

As a court order places a legal duty on parents it is not for a teacher to intervene. If however a teacher feels that there may be truth to the accusations they should refer the matter to the protection lead. If they believe there are grounds for intervention teachers should advise parents to contact the police and seek legal advice about their options. Such advice can be obtained through a solicitor or through our Family Line service.

What legal remedies are available in these situations?

The applicable court order would be a Non Molestation Order (NMO). This is a civil court order which protects a person from domestic abuse. A teacher can direct a parent to contact a legal professional for further advice on making an application. Teachers should refrain from to giving advice on making court order applications.

What to do if a parent with a NMO appears at the school?

It may be in some cases that one of the parents has a NMO against them preventing them coming into contact with their child at the home and wants to bypass this by coming to the school. It is unlikely that a NMO would be granted without taking this into account. In the event this occurs a teacher should be aware that schools are private property the head teacher has discretion to prohibit parents from being near or on the premises. This is a decision which can be made by the Head teacher therefore a referral through the protection lead should be made.