Written Question · S6W-07264 · Session 6
What plans it has to review the definition of domestic abuse to include other members of a family.
The question
To ask the Scottish Government what plans it has to review the definition of domestic abuse to include other members of a family.
The answer
Since the late 1990s, an agreed definition of domestic abuse has been used to collate information on domestic abuse incidents within Scotland. This definition was progressed by the then Scottish Office and agreed through consultation with key justice agencies and stakeholders. It is as follows:
‘Domestic abuse is any form of physical, non-physical, or sexual abuse which takes place within the context of a close relationship, committed either in the home or elsewhere. This relationship will be between partners (married, co-habiting or otherwise) or ex-partners.’
The Scottish Government has considered the statutory definition of domestic abuse contained at Part 1 of the Domestic Abuse Act 2021 which relates to England and Wales. The principal practical difference between the definition contained in that Act and the Scottish definition above is that domestic abuse does not extend in Scotland so as to include abuse between certain relatives who are not partners or ex-partners.
The Scottish Government recognises that abuse can be committed by people who are not a person's partner or ex-partner, including by other family members. However, in line with the views of the majority of stakeholders who responded to Scottish Government consultations that led to the development of recent legislation concerning domestic abuse, the Scottish Government considers that it is appropriate that this legislation applies specifically to partners and ex-partners. This is because abuse committed by a person's partner or ex-partner typically has a dynamic that differs from violence or abuse more generally, including where this abuse occurs within a family between, for example, siblings or parents and their adult children. There is a range of existing legislation that can be used to address familial abuse.
While the Scottish Government keeps the law under continual review to ensure that it is effective, there are no current plans to amend the definition of domestic abuse in Scotland to cover abuse perpetrated by family members who are not partners or ex-partners.
‘Domestic abuse is any form of physical, non-physical, or sexual abuse which takes place within the context of a close relationship, committed either in the home or elsewhere. This relationship will be between partners (married, co-habiting or otherwise) or ex-partners.’
The Scottish Government has considered the statutory definition of domestic abuse contained at Part 1 of the Domestic Abuse Act 2021 which relates to England and Wales. The principal practical difference between the definition contained in that Act and the Scottish definition above is that domestic abuse does not extend in Scotland so as to include abuse between certain relatives who are not partners or ex-partners.
The Scottish Government recognises that abuse can be committed by people who are not a person's partner or ex-partner, including by other family members. However, in line with the views of the majority of stakeholders who responded to Scottish Government consultations that led to the development of recent legislation concerning domestic abuse, the Scottish Government considers that it is appropriate that this legislation applies specifically to partners and ex-partners. This is because abuse committed by a person's partner or ex-partner typically has a dynamic that differs from violence or abuse more generally, including where this abuse occurs within a family between, for example, siblings or parents and their adult children. There is a range of existing legislation that can be used to address familial abuse.
While the Scottish Government keeps the law under continual review to ensure that it is effective, there are no current plans to amend the definition of domestic abuse in Scotland to cover abuse perpetrated by family members who are not partners or ex-partners.
In the Official Report
No contribution in the Official Report cites S6W-07264 by reference.