East Sussex Multi-Agency Risk Assessment Conference (MARAC) Operating Protocol

East Sussex Multi-Agency Risk Assessment Conference (MARAC) Operating Protocol

1. Introduction

A MARAC is a meeting where information is shared on the highest risk domestic abuse cases betweenrepresentatives from a range of statutory and voluntary agencies. After sharing all relevantinformation the representativesdiscuss options for reducing the risk and increasing the safety of domestic abuse victims and children exposed to this abuse and turn these into a co-ordinated and integrated action plan. The primaryfocus of the MARAC is to safeguard the domestic abuse victim and reduce the risk of murder or serious harm.The MARAC will also make links tosafeguard children and manage the behaviour of theperpetrator.

At the heart of a MARAC is the working assumption that no single agency or individual can see the completepicture of the life of a victim, but all may have insightsthat are crucial to their safety. The victim does not attendthe meeting but is represented by an Independent Domestic Violence Advisor (IDVA), or refuge worker if currently resident in a refuge in East Sussex, who speakson their behalf.

This MARAC Protocol sets out how agencies contribute to the effective operation of the MARAC. The protocol is designed to enhance existing arrangements and does not replace associated policy and procedures concerning: Safeguarding Children; Safeguarding Adults at Risk; MAPPA and public protection arrangements.

From March 2013 the East Sussex Safer Communities Partnership adopted the new cross-government definition of domestic abuse. This is defined as:

Any incident or pattern of incidents of controlling, coercive or 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. This can encompass, but is not limited to, the following types of abuse:

• psychological
• physical
• sexual
• financial
• emotional

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 terms ‘domestic violence’ and ‘domestic abuse’ are used within this protocol. Both terms are interchangeable throughout the protocol, with no implied difference in meaning.

2. Identification of Cases Suitable for Referral to a MARAC

All agencies involved in the MARAC will have procedures in place to enable disclosure or effective identification of domestic abuse

Following identification or a report of domestic abuse, a risk assessment should be carried out. The Domestic Abuse Stalking and Honour Based Violence Risk Indicator Checklist (DASH RIC) should be used to inform an evidence based judgement of risk of serious harm. Staff conducting risk assessments using this tool should be trained in its use to ensure that the information gathered during a DASH based risk assessment is understood and appropriately taken into account. Appendix D is a summary of the most significant risk factors to be considered when conducting a risk assessment for domestic abuse cases.

Where an agency judges that there is a high risk of serious harm from domestic abuse, cases should be referred to the MARAC covering the area where the adult victim or survivor of abuse is normally resident.

“Serious harm” means ‘a risk which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible’.

“High Risk” means that there are identifiable factors of risk of serious harm: the potential event could happen at any time and the impact would be serious

“Medium Risk” means that there are identifiable factors of risk of serious harm; there is potential for the perpetrator to cause serious harm but this is unlikely unless there is a change in circumstances.

As a fallback position, staff may complete a risk assessment using the DASH RIC without specific training, and should fourteen or more responses to the DASH RIC questions be “yes” responses then it is appropriate to consider this case as suitable for a referral to MARAC. It should be noted however that the number of risk indicators identified does not necessarily correlate with the actual level of risk, so professional judgement should be applied and concerns clearly articulated. Where there are less than fourteen “yes” responses to the DASH RIC questions, but there are concerns that an adult or a child is at risk of serious harm then a referral to the MARAC should be made.Particular attention should be paid to cases that have already been referred to MARAC in the last year, where there is an extreme level of fear, or obsessive stalking behaviour, or where more than one person is being abused, or where there is escalation of abuse.

Staff conducting risk assessments using the DASH RIC should be supported in their consideration of risk. There is a group of named Domestic Abuse Leads working across a number of agencies who can provide additional support to staff in conducting assessments of risk.

Referral of forced marriage and so called “honour” based violence cases to the MARAC should be the default position as the risk factors in such cases can often be obscured.

Whilst the East Sussex DASH RIC is the recommended and preferred tool to inform assessments of risk, there are other tools used by some professional groups. Regardless of the tool used, the MARAC referral should be supported by evidence, preferably in the form of a fully completed DASH RIC, that there are serious concerns or a judgement of a high risk of serious harm.

You should make a referral to the MARAC, using the MARAC / IDVA Referral Form, if any of the following criteria are met:

1. Professional judgement of high risk of serious harm or significant concern for safety: if a professional has serious concerns about a victim’s situation, they should refer the case to MARAC. There will be occasions where the particular context of a case gives rise to serious concerns even if the victim has been unable to disclose the information that might highlight their risk more clearly. This could reflect extreme levels of fear, cultural barriers to disclosure, immigration issues or language barriers particularly in cases of ‘honour’-based violence. This judgement would be based on the professional’s experience and/or the victim’s perception of their risk even if they do not meet criteria 2 and/or 3 below

1. Visible High Risk: 14 or more ‘yes answers’ or ‘ticks’ on the CAADA-DASH risk identification checklist (RIC).

1. Potential Escalation: 3 or more incidents as a result of domestic violence or abuse in the past 12 months. This criterion can be used to identify cases where there is not a positive identification of a majority of the risk factors on the RIC, but where abuse appears to be escalating and where it is appropriate to assess the situation more fully by sharing information at MARAC

1. MARAC repeat: where there is a further incident within 12 months from the date of the last MARAC referral and there has been a further incident, regardless of whether it has been reported to the police or the level of risk), the case should be referred back to the MARAC. There is a national definition for a MARAC Repeat.

3. MARAC Process

4. MARAC to MARAC Process Map

The MARAC to MARAC process sets out the procedure for a consistent and safe approach to the transfer of cases between MARACs. A MARAC to MARAC referral should be made when a victim moves between areas, either on a temporary or permanent basis.

5. Referrals from other MARACs

6. MARAC Meetings

There are two MARACs held in East Sussex, one covering Eastbourne, Lewes and Wealden areas and one MARAC covering Hastings and Rother. Each MARAC will be held weekly.

The MARAC will be a physical meeting which representative can attend but will have telephone conference facilities in place. This means that representatives can take part in either the whole or part of the meeting via telephone conference facilities rather than physically attending.

Core agency representatives are expected to participate (either physically or via telephone conference) in the weekly meeting and include:

• The IDVA Service
• Sussex Police
• ESCC Children’s Social Care and Early Help
• Probation
• Health Visitors (representing East Sussex Healthcare Trust)

Other agency representatives will still be core members of the MARAC and will be expected to complete research on a weekly basis and feed this back to MARAC. The feedback can be via telephone conferencing or, if the information is limited then there can be a written submission presented by the Chair. There will be a new requirement for agencies to confirm in writing if victim, perpetrator or children are not known to their agency. Agencies are required to be available to provide advice or guidance to the MARAC during the allotted MARAC meeting times. The other agency representatives include:

• District and Borough Housing Departments
• Refuge
• East Sussex Fire and Rescue Service
• Substance Misuse Services
• Mental Health Services (Sussex Partnership Foundation Trust)
• Adult Social Care
• Victim Support
• Home Works

Chairperson

The role of the chairperson is to structure the meeting and prioritise cases to ensure the best use of the time of attending agencies. The chairperson will allow for agency representatives to share their information and set risk specific SMART (specific, measurable, achievable, realistic and timely) actions for nominated agency representatives and to review those actions which are outstanding from the previous meeting. Each meeting will have a designated chairperson and deputy who will cover in cases where the chairperson is unavailable.

Meeting administration

MARAC coordinator will produce a record of the MARAC.

The MARAC will be asked to confirm the agreed action plan during the meeting. The record of the MARAC will include the MARAC referral form embedded into the document and will be circulated on the same day as the MARAC meeting, including the action plan developed within the meeting.

Each MARAC representative is responsible for checking the draft minutes issued and providing feed back regarding any changes needed to accurately reflect the information their agency provided at the meeting. The final approved minutes will be circulated once amendments have been made and in advance of the next MARAC meeting.

Refer to MARAC Information Sharing Agreement (Appendix A) and data protection policies for guidance about the storage and transmission of MARAC information

Domestic Violence Disclosure Scheme

The aim of the Domestic Violence Disclosure Scheme, sometimes called ‘Clare’s Law’ is to enable potential victims to make an informed choice about whether to continue with a relationship if a new or current partner has a history of violence or abuse. It also aims to provide help and support to assist a potential victim when making that informed choice.

Under the scheme an individual can ask police to check whether a new or existing partner has a violent past. This is the ‘right to ask’. If records show that an individual may be at risk of domestic violence from a partner, the police will consider disclosing the information.

Also under the scheme an agency can apply for a disclosure if the agency believes that an individual is at risk of domestic violence from their partner. This is the ‘right to know’.

The implementation of this across Sussex will mean that Sussex Police will receive the request for ‘right to ask’ and ‘right to know’. Sussex Police will refer requests for disclosure to the local MARAC for consideration of whether information held by other MARAC agencies can support a decision to disclose information on the basis of whether it is lawful, necessary and proportionate to do so.

If you make a MARAC referral, you should also consider whether a disclosure under the scheme would be appropriate. The MARAC referral form includes a prompt to remind you to do this and, if you do think an application under this scheme needs to be made, you will need to complete a ‘DVDS Minimum Standards Form’ and email it to the Contact Centre at Sussex Police.

Appendix F provides guidance for practitioners onhow theDomestic Violence Disclosure Scheme is being implemented within the East Sussex MARAC arrangements.

Domestic Violence Protection Notices (DVPNs)/ Orders (DVPOs).

Since June 2014, Sussex Police can use Domestic Violence Protection Notices (DVPN) and Domestic Violence Protection Orders (DVPO).

Domestic Violence Protection Notices/ Orders are aimed at perpetrators who present an on-going risk of violence to the victim and/or associated persons, with the objective of securing a co-ordinated approach across agencies for the protection of victims and the management of perpetrators.

These Protection Notices and Orders build on existing procedures and bridge the previous protective gap, providing immediate emergency protection for the victim and allowing them the protected space to explore the options available to them and make informed decisions regarding their safety.

The power to issue a DVPN and subsequent application for a DVPO lies with the police and ultimately the Criminal Justice Service (CJS), the success of any such process will be reliant on the partnership work with other agencies such as the Independent Domestic Violence and other organisations represented at MARAC.

Appendix G provides multi-agency (non Police) guidance for practitioners on how Domestic Violence Protection Notices and Domestic Violence Protection Orders will be used in East Sussex and how partner agencies will be involved in the process to ensure that a range of agencies can quickly offer protection and support to the victim.

Information Shared at the MARAC

Only information directly relevant to the safety of the victim and associated others should be shared at the MARAC. Agencies should ensure that personal data is clearly marked and kept securely in accordance with the MARAC Information Sharing Agreement. The MARAC Information Sharing Agreement should be read in conjunction with the MARAC Operating Protocol.

At the MARAC meeting each referring agency presents their case. The IDVA represents the victim’s perspective.Agencies present their pre-meeting research for each case and then relevant information is shared by other agencies on each case.

Details of the arrangements of the exchange of information between the Sussex Multi-Agency Public Protection Arrangements (MAPPA) and the MARAC can be found in Appendix E.

7. Management of Information

MARAC is not a legal entity in its own right and therefore the information shared at MARAC belongs to each agency individually. Agencies must fulfil any responsibility to liaise with counterparts in the relevant area.

• If it is identified at the meeting that information will need to be shared this could mean that agencies agree that the minutes relating to that case, in addition to any other information, could be shared.
• If it is identified following the meeting that information will need to be shared, the MARAC Chair will make the decision on the appropriate process for agreeing what information to share. This may involve contacting the relevant agency representatives and asking for their consent to share information.

The Information Sharing Agreement for MARACs in East Sussex sets out an agreed set of principles and standards about sharing confidential and sensitive personal data. This can be found in Appendix A.

8. Support to MARAC Representatives

The MARAC Development Officer will offer ongoing advice, guidance and support to any MARAC Representative or staff from agencies involved in MARAC.

In addition to the support provided by the MARAC Development Officer (MDO) there is a network of Domestic Abuse Leads (in each MARAC agency) who act as a point of contact (POC) for staff in their service to consult with. Domestic Abuse Leads are able to give guidance on risk assessment, wider domestic abuse issues and explain the MARAC process. These leads meet quarterly to discuss lessons learned from domestic homicide cases and learning identified by the MARAC Quality and Audit Group.

It is recognised that agency representatives will change from time to time. Where a new MARAC representative is identified by one of the partnership agencies, the following is recommended:

• The outgoing representative should inform the MARAC Development Officer () in the Safer East Sussex Team of the change in representative.
• A handover from the outgoing representative to the new representative should be given, particularly highlighting any outstanding or ongoing actions for that agency. Where practicable the incoming representative should shadow the outgoing representative at a MARAC.
• The MARAC Development Officer will contact the incoming representative and offer a one-to-one meeting to explain the MARAC Operating Protocol and appendices (online at ) and provide further background materials (e.g. the CAADA representative’s toolkits) as required.
• The incoming representative should attend the one-day training course “Domestic Abuse: Recognition and Referral” as a minimum to ensure a good understanding of domestic abuse, common dynamics, risk assessment and risk management.

9. East Sussex Domestic Abuse Steering Group

The group exists to take a strategic oversight of multi agency responses to domestic abuse within East Sussex, working in partnership to ensure the multi-agency management of domestic abuse is victim focused, efficient and effective.

Key purposes of the group include:

• Delivering the actions and outcomes within the domestic abuse action plan for the Safer Communities partnership business plan, including the development and delivery of the multi-agency training programme
• Overseeing the development of domestic abuse strategies and action planning, and monitoring of progress.
• Reviewing the outcomes based performance framework that includes available data from key agencies to inform annual priority setting for the Safer Communities Partnership business plan and action plan.
• Consider outcomes and experiences from victims and perpetrators of domestic abuse, including complaints and compliments, and ensuring they influence service improvements.
• To oversee the arrangements for conducting domestic homicide reviews in East Sussex. [1]
• Overseeing the delivery of Domestic Homicide Review Action plans, disseminating learning and ensuring integration of recommendations into appropriate partnership and organisational plans.
• Will be informed of Serious Case Review’s action plans, and Independent Management Review action plans, where Domestic Abuse is cited, and disseminate learning and ensure integration of recommendations into appropriate partnership and organisational plans.
• To ensure that Multi Agency Risk Assessment Conferences are maintained and run in line with quality standards.
• To ensure that responses to domestic abuse link effectively with safeguarding children and adults at risk policies and procedures.
• To work with the Pan Sussex Domestic Abuse Steering Groups to effectively co-ordinate and manage communications relating to domestic abuse.

The Terms of Reference for the East Sussex Domestic Abuse Steering Group can be found at Appendix C1.