Consultation outcome

Domestic homicide review legislation consultation (accessible version)

Updated 5 March 2024

This was published under the 2022 to 2024 Sunak Conservative government

Ministerial foreword

Domestic abuse and domestic homicide are despicable, destructive crimes. Tackling them demands a whole-system response. Protecting the public, whether they are at home, out and about, or online, is a top priority for me and for the government as a whole.

That is why the government is taking action to transform the whole of society’s approach to this issue, with a focus on prevention, victim support and the pursuit of perpetrators. In March 2022 we published the Tackling Domestic Abuse Plan to drive those efforts. The plan outlined reforms to the domestic homicide review (DHR) process, including refreshed statutory guidance and more information on conducting DHRs in instances of suicide following domestic abuse. To ensure that the learning from DHRs are implemented and lead to real change, we have also committed to creating formal roles for the Domestic Abuse Commissioner and Police and Crime Commissioners.

Together, we are making progress. But we know there is much more to do, and we owe it to the victims and their loved ones to keep up the momentum. Learning lessons in isolation isn’t enough; we want to go further and make sure we are reviewing all the data at our disposal to better understand domestic homicide. This is why we are building an online repository of all DHRs, which will go live this year. This will help to improve the whole of society’s understanding of the risk factors and patterns of domestic homicide.

This consultation outlines our commitment to continuing to improve the way DHRs are conducted in close partnership with family and friends bereaved by domestic abuse, the domestic abuse sector, academics, and Community Safety Partnerships. Thank you for taking the time to respond to this consultation and your contributions to the DHR process overall. This is extraordinarily important work; as well as my gratitude, you have my enduring admiration and respect.

Sarah Dines MP

Context

Domestic abuse is the most common form of violence against women and girls and the government is committed to ensuring it is doing everything it can to better understand and prevent it. In some cases, domestic abuse (DA) can be fatal. It is horrendous and pervasive, and still too often hidden from view.

This government has already taken steps to improve its response to DA. We committed to funding to increase support for victims and survivors, passed our landmark Domestic Abuse Act 2021 (the DA Act 2021) and published the Tackling DA Plan in 2022. The Tackling DA Plan set out how over £230 million will be invested to deliver many of the provisions of the DA Act 2021 to bring about a response from all parts of society to overcome domestic abuse. It also set out the government’s intention to reform the DHR process, because although we are committed to the fundamental principles of the DHRs, we recognise there is room for improvement in how they are conducted.

A DHR is an opportunity for national and local agencies, local communities, and society to pay attention to each individual victim and to treat every fatality as preventable. DHRs were legislated for via the Domestic Violence, Crime and Victims Act 2004 (DVCVA), and in 2016 the government updated the statutory guidance to direct DHRs in instances ‘where a victim took their own life (suicide), and the circumstances give rise to concern’.

We need to ensure that DHRs continue to drive learning and action that prevent domestic abuse and ultimately all fatalities linked to domestic abuse. Lessons from the last 10 years should also feed into making the process more effective and respond to stakeholder feedback on how we could further improve.

Consultation description

In this consultation, we are seeking views on amending the DVCVA to:

• ensure a DHR is commissioned when the death has, or appears to have, resulted from domestic abuse as defined by the Domestic Abuse Act 2021

• amend the term ‘homicide’ in DHRs to reflect the range of the deaths which fall within the scope of a review

Definition of a domestic homicide review

The DA Act 2021 introduced a statutory definition of domestic abuse that incorporates a range of abuses beyond ‘violence, abuse and neglect’ to include controlling or coercive behaviour, emotional and economic abuse. Explicitly including this definition in the DVCVA would ensure that DHRs continue to contribute to our understanding of DA, and capture learnings to prevent fatal domestic abuse.

The scope of the relational context in which DA can occur is also defined in the DA Act 2021 as between individuals who are ‘personally connected’. At present, DHRs can be commissioned when a DH occurs in instances where individuals are cohabiting but not personally connected, which does not add to our understanding and prevention of DA.

Naming convention for domestic homicide reviews

DHRs are also commissioned in instances of suicides linked to DA, unexplained deaths and in cases of neglect and so the term ‘homicide’ does not adequately represent the range of fatalities that can be reviewed.

The government is responding to stakeholder feedback that the term ‘homicide’ can be confusing for bereaved families and friends as well as practitioners when reviewing a case that has not been ruled a homicide. In particular, families and friends bereaved by suicide linked to domestic abuse have been calling for alternative naming conventions for DHRs. We are also committed to ensure that all fatalities linked to domestic abuse are treated as seriously as a domestic homicide, and the reviews are reflective of the circumstances.

The DVCVA is relevant to organisations and agencies working with victims, family and friends bereaved by fatal domestic abuse, or perpetrators of domestic abuse. Some of these organisations may also have statutory duties to safeguard victims of domestic abuse.

The legislation extends to England and Wales.

We are keen to hear from the following groups through this consultation:

• law enforcement agencies (police, policing bodies, Crown Prosecution Service)
• healthcare organisations
• local authorities (including Community Safety Partnerships)
• educational institutions or student bodies
• Violence Against Women and Girls organisations
• specialist ‘by and for’ services who may be able to offer specific expertise on issues affecting local communities
• domestic homicide or suicide linked to DA organisations
• family member or friend bereaved by a domestic homicide
• family member or friend bereaved by a domestic abuse related death (not a homicide)

Consultation questions

1. Are you responding as an individual or on behalf of an organisation?

Individual

Organisation

[if ‘Individual then Q2, if Organisation then Q3]

2. If you are responding as an individual, please select the option which best describes your status.

Family member or friend bereaved by domestic homicide

Family member or friend bereaved by another type of domestic abuse related death (not a homicide)

Academic / researcher / student

Other (please specify):

3. If you are responding on behalf of an organisation, please select the option which best describes your affiliation.

Law enforcement agency (police, policing body, Crown Prosecution Service)

Healthcare organisation

Local Authority

Community Safety Partnership

Educational institution or student body

Violence against women and girls charity / service provider

Other (please specify):

Definition of a domestic homicide review

Current DHR legislation specifies that a DHR should be considered in instances where ‘the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by (a) a person to whom he was related or with whom he was or had been in an intimate personal relationship, or (b) a member of the same household as himself’.

The DA Act 2021 introduced a statutory definition of domestic abuse that incorporates a range of abuses beyond ‘violence, abuse and neglect’ to include controlling or coercive behaviour, emotional and economic abuse. Explicitly including this definition in the DHR legislation would ensure that DHRs continue to contribute to our understanding of DA, and capture learnings to prevent fatal domestic abuse.

4. Are you in favour of updating DHR legislation so that a DHR is considered for all deaths that have or appear to have been the result of domestic abuse, as domestic abuse is defined in the DA Act 2021 (see below)?

Yes

No

Don’t know

Please comment:

Existing Legislation

Domestic Violence, Crime and Victims Act 2004, Section 9, Part 1 states a domestic homicide review should be held when:

“the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by—

(a) a person to whom he was related or with whom he was or had been in an intimate personal relationship, or

(b) a member of the same household as himself,

held with a view to identifying the lessons to be learnt from the death”

Section 1 of The Domestic Abuse Act 2021 defines domestic abuse as:

(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—

(a) A and B are each aged 16 or over and are personally connected to each other, and

(b) the behaviour is abusive.

(3) Behaviour is “abusive” if it consists of any of the following—

(a) physical or sexual abuse;

(b) violent or threatening behaviour;

(c) controlling or coercive behaviour;

(d) economic abuse (see subsection (4));

(e) psychological, emotional or other abuse; and it does not matter whether the behaviour consists of a single incident or a course of conduct.

(4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—

(a) acquire, use or maintain money or other property, or

(b) obtain goods or services.

(5) For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).

(6) References in this Act to being abusive towards another person are to be read in accordance with this section.

(7) For the meaning of “personally connected”, see section 2.

Section 2 of The Domestic Abuse Act 2021 defines “personally connected” as:

(1) For the purposes of this Act, two people are “personally connected” to each other if any of the following applies—

(a) they are, or have been, married to each other;

(b) they are, or have been, civil partners of each other;

(c) they have agreed to marry one another (whether or not the agreement has been terminated);

(d) they have entered into a civil partnership agreement (whether or not the agreement has been terminated);

(e) they are, or have been, in an intimate personal relationship with each other;

(f) they each have, or there has been a time when they each have had, a parental relationship in relation to the same child (see subsection (2));

(g) they are relatives.

(2) For the purposes of subsection (1)(f) a person has a parental relationship in relation to a child if—

(a) the person is a parent of the child, or

(b) the person has parental responsibility for the child.

(3) In this section—

“child” means a person under the age of 18 years;

“civil partnership agreement” has the meaning given by section 73 of the Civil Partnership Act 2004;

“parental responsibility” has the same meaning as in the Children Act 1989 (see section 3 of that Act);

“relative” has the meaning given by section 63(1) of the Family Law Act 1996.

Naming convention for domestic homicide reviews

The name ‘domestic homicide review’ can be misleading when the fatality in the review has not been ruled a homicide (e.g suicides and unexplained deaths).

5. Are you in favour of renaming ‘domestic homicide reviews’?

Yes

No

Don’t know

Please briefly explain reasoning for your response:

6. If ‘domestic homicide reviews’ are renamed, should the government:

Introduce the term ‘domestic abuse fatality review’ for cases of domestic abuse related deaths that are not homicides, whilst retaining the terms ‘domestic homicide review’ for domestic homicides.

Re-name all ‘domestic homicide reviews’ to ‘domestic abuse fatality reviews’

Use another term (or terms) to better reflect the range of deaths which fall within the scope of a DHR (please specify):

About you

The following questions ask about your personal characteristics. This information will help us to see whether different people have different views and experiences. All these questions are optional, and you do not have to provide any of the information if you do not want to.

Demographics

7. Which of the following age group are you in?

Under 16

16-18

19-24

25-34

35-44

45-54

55-64

65-74

75-84

85 and over

Prefer not to say

8.What is your sex?

Male

Female

Prefer not to say

9. Is the gender you identify with the same as your sex registered at birth? This question is voluntary.

Yes

No

Other (enter gender identity)

10. What is your ethnicity?

White

English/Welsh/Scottish/Northern Irish/British

Irish

Gypsy or Irish Traveller

Other White background

Asian or Asian British

Indian

Pakistani

Bangladeshi

Any other Asian background

Mixed/multiple ethnic groups

White and Black Caribbean

White and Black African

White and Asian

Any other mixed background

Black or Black British

Caribbean

African

Any other Black background

Other ethnic group

Arab

Any other ethnic group

Prefer not to say

If you have selected any other background please specify:

11. What is your religion?

Buddhist

Christian

Hindu

Jewish

Muslim

Sikh

Other (please specify):

No religion

Prefer not to say

12. Which of the following best describes your sexual orientation?

Straight/Heterosexual

Gay

Lesbian

Bisexual

Prefer not to say

Other (please specify):

13. Do you have any long-term illness or disability?

Yes

No

Prefer not to say

14. Where do you live?

North East

North West

Yorkshire and The Humber

West Midlands

East Midlands

East of England

South West

South East

Greater London

Wales

Scotland

Northern Ireland

Prefer not to say

Other (please specify):

About you

Please use this section to tell us about yourself – this section is not mandatory.

Full name
Job title or capacity in which you are responding to this consultation exercise (for example, member of the public)
Date
Company name/organisation (if applicable)
Address
If you would like us to acknowledge receipt of your response, please tick this box
Address to which the acknowledgement should be sent, if different from above

Contact details and how to respond

Responses can be submitted online or to [email protected].

Enquiries (including requests for the paper in an alternative format) to:

Email: [email protected]

Or by post to:

Domestic Homicide Review Team
Interpersonal Abuse Unit
5th floor, Fry Building
2 Marsham Street
London
SW1P 4DF

Complaints or comments

If you have any complaints or comments about the consultation process, you should contact the Home Office at the above address.

Publication of response

A paper summarising the responses to this consultation will be published on GOV.UK in due course.

Representative groups

Representative groups are asked to give a summary of the people and organisations they represent when they respond.

Confidentiality

Information provided in response to this consultation, including personal information, may be published, or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA), the UK’s General Data Protection Regulation (GDPR) and the Environmental Information Regulations 2004).

If you want the information that you provide to be treated as confidential, please be aware that, under the FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Home Office.

The Home Office will process your personal data in accordance with the DPA and in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.