The new Children First: National Guidance for the Protection and Welfare of Children identifies that exposure to domestic violence is detrimental to children's physical, emotional and psychological well-being and that the adverse effects of domestic violence have been well established. The correlation between neglect and parental substance misuse and parental mental illness and disability is also identified in the Guidance.
The HSE Child Protection and Welfare Practice Handbook, complements the Children First Guidance and is primarily aimed at front line professionals working with children. The Handbook identifies a number of risk factors, including domestic violence, that need to be considered when identifying, responding to and assessing child protection concerns. The Handbook highlights that the child's immediate safety must be the first consideration and that in the context of domestic violence an assessment should consider, amongst other issues, a detailed history of the child's experience of domestic violence and the impact of the domestic violence on the non-abusive parent's/carer's ability to parent and protect the child.
In all cases, where an initial assessment concludes that there is a primary concern of physical abuse, sexual abuse, emotional abuse or neglect, and it is determined that a child is at ongoing risk of significant harm, a child protection process outlines the pathway that must be followed and the outcome of the process is to ensure that the welfare and protection of the child and, where applicable, their siblings is of paramount importance.
The Domestic Violence Act 1996 introduced major changes in the legal remedies for domestic violence. There are two main types of remedies available:
(i) Safety Order: This Order prohibits a person from further violence or threats of violence. It does not oblige that person to leave the family home. If the parties live apart, the Order prohibits the violent person from watching or being in the vicinity of the home.
(ii) Barring Order: This Order requires the violent person to leave the family home.
The legislation gives the HSE the power to intervene to protect individuals and their children from violence. Section 6 of the Act empowers the HSE to apply for Orders for which a person could apply on his or her own behalf but is deterred from doing so through fear or trauma. The consent of the victim is not a prerequisite for such an application, although he or she must be consulted. Under Section 7 of the Act, the Court may, where it considers it appropriate, adjourn proceedings and direct the HSE to undertake an investigation of the dependent person's circumstances with a view to:
(i) applying for a Care Order or a Supervision Order under the Child Care Act 1991;
(ii) providing services or assistance for the dependent person's family; or
(iii) taking any other action in respect of the dependent person.
Family law and domestic violence legislation is the responsibility of my colleague, the Minister for Justice and Equality, Mr Alan Shatter T.D.
