ABI to be recognised in new domestic abuse legislation

By Published On: 1 February 2021
ABI to be recognised in new domestic abuse legislation

New statutory guidance will recognise that survivors of domestic abuse may have sustained an acquired brain injury (ABI) for the first time, it has been revealed.

Consideration of brain injury will be made as part of the Domestic Abuse Bill, currently being debated by the House of Lords.

Domestic abuse protection orders – designed to protect victims from all forms of domestic abuse – will now consider ABI as part of the range of needs any survivor may have.

Where police are attending a call out to a domestic incident in the community, they could be accompanied with, or shortly after visited by, an Independent Domestic Violence and Abuse Advisor who would be able to offer expert support to the survivor, including in relation to ABI.

This commitment from the Government will also introduce new standard questions to ensure all prisoners in England will be screened for ABI sustained through domestic abuse from April 2021.

Both initiatives – which will have impact in terms of protection and support – are the translation of five years of research highlighting the link between domestic abuse and brain injury among female offenders, culminating in lengthy discussions with the Government, NHS and Criminal Justice Acquired Brain Injury Interest Group.

The research, from The Disabilities Trust – who have campaigned on this issue alongside UKABIF and Chris Bryant MP – found that nearly two-thirds of women (64%) at HMP Drake Hall had a history of traumatic brain injury (TBI).

From the women identified through the brain injury service at HMP Drake Hall, 62% reported they had sustained their brain injury through domestic violence.

Research has shown there is a clear link between life trauma, offending and poor health outcomes for women in prison, and this was reflected in the histories of women with TBI involved, with The Disabilities Trust reporting many were subject to prolonged periods of intense violence that was often directed towards their head while they were unconscious.

Furthermore, a third of the women reported sustaining their brain injury before their first offence with the average age of first brain injury reported at 25. Statistics show that incidence of female head injury has increased by 24% since 2005/6.

Whilst the physical symptoms may be obvious, brain injuries can also result in behavioural, cognitive and emotional consequences, which can be considered hidden, but can affect someone for the rest of their lives.

These symptoms include poor memory, lack of concentration or difficulties multi-tasking, poor impulsive control, aggression, irritability, but also mental health difficulties such as anxiety and depression.

The new statutory guidance was welcomed by those who campaigned for its introduction.

Chris Bryant MP said: “This is a journey that started with research from The Disabilities Trust and I’ve been delighted to work with them and a range of individuals and organisations including the UK Acquired Brain Injury Forum to ensure these important initiatives change practice and improve the support survivors receive both in the community and in prisons.”

“This is a very successful outcome following many months of discussions with the minister and NHSE,” said Chloe Hayward, executive director of UKABIF.

“We are delighted that those with brain injuries caused by domestic violence are highlighted in the revised guidance.

“The work of the Criminal Justice Acquired Brain Injury Interest Group was able to give co-ordinated, evidence-based input to meetings ensuring they were attended by those with expertise and experience in this field.”

Irene Sobowale, chief executive of The Disabilities Trust, added: “As a leading charity actively providing neurorehabilitation within prisons in England and Wales, we are delighted to have succeeded in campaigning to ensure that brain injury sustained through domestic abuse is highlighted for survivors in the community and in the criminal justice system.

“We hope that this change will ensure that survivors with a brain injury can be provided with effective support to address all of their needs including the often-hidden disability of a brain injury. This result builds on research from the Disabilities Trust working with partners and Government to achieve this.”

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