False Allegations in Domestic Violent Cases from 2018 to 2021

Freedom of information request reference no: 01.FOI.22.022609

I note you seek access to the following information:

1. What is the percentage of false complaints/allegations in domestic violence cases made by female complainants?

2. What action has been taken generally against these false allegation complainants?

3. What precautions has been taken by MPS to filter between right and false allegations?

Kindly provide data from 2018 to 2021.

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - What is the percentage of false complaints/allegations in domestic violence cases made by female complainants?

This information is not held by the MPS in recorded form, and there is no requirement under the Act for public authorities to create new information in order to respond to requests for information. The tables below have therefore been provided in order to assist and so that you are able to calculate percentages.

Q2 - What action has been taken generally against these false allegation complainants?
Q3 - What precautions has been taken by MPS to filter between right and false allegations?

The MPS have policies and procedures in place which cover dealing with and identifying false reports.

The MPS General Investigation Policy: ‘False Reports of Crime’ covers false reports. Please find the relevant extract below.

“18.1.5 Where the person, who was originally shown as the victim of the cancelled notifiable crime, as mentioned at 18.1.4, is believed to have committed a notifiable state-based crime, i.e. fraud, causing a wasteful employment of the police or, in more serious cases, perverting the course of justice, then an additional crime report must be recorded in relation to that offence.”

There are also two parts of the MPS Domestic Abuse Policy which deal with matters that relate directly/indirectly to false allegations - victim withdrawal and the reasons for it and identifying the primary aggressor. Please find the relevant extracts of this Policy below.

“Victims and Witnesses

Offer all victims referral to an IDVA (Independent Domestic Violence Advisor) or other DA (Domestic Abuse) specific support agencies at the earliest opportunity. This includes victims in matters not allocated for further investigation and non-crime high risk incidents. Ensure details entered on CRIS.

Speak to all victims wishing to withdraw or retract allegations. Discuss options and available support with them prior to a withdrawal or retraction statement being taken.

Every domestic abuse investigation needs to be conducted thoroughly with a view to obtaining enough evidence to proceed with the case, even if the victim withdraws or does not want to make a statement in the first place. Key to this is the officers own notes, detailing the condition of the victim as they appear and anything that was said or done by the victim that may indicate they are in fear of giving evidence; this will be very useful later on.

Where applicable advise CPS of this conversation and seek advice on feasibility of an independent or unsupported prosecution.

Explain to victims that if they withdraw an allegation on the basis that it is false, this may undermine future allegations and may be used as bad character evidence against them. Ensure victim is not using this as a tactic to prevent the case going to Court. Seek advice from CPS prior to taking a withdrawal statement.

Supervisors will be key to ascertaining which cases require referral to the MARAC (Multi-Agency Risk Assessment Conference) and will take steps to ensure that there is a local process in place for this to be done, supported by a concise information package.”

“Identifying the Primary Aggressor

Identify primary aggressor and take Positive Action. See duty of positive action for a detailed discussion of positive obligations and what these mean for the police response to domestic abuse. This should not be confused with the concept of positive action under the Equality Act 2010.

Where counter-allegations are made at the scene, officers should evaluate each party’s complaint separately to determine whether there was a primary perpetrator. See determining the primary perpetrator and dealing with counter-allegations. If both parties claim to be the victim, officers should risk assess both. There may also be circumstances where the party being arrested requires a risk assessment, as in the case of a victim retaliating against an abuser. Officers should bear in mind the possibility that the relationship is a mutually abusive one.

DASH (Domestic Abuse Stalking and Honour Based Violence) should be completed in cases for both parties where counter allegations are made, officers are reminded of their duty under Home Office Counting Rules (HOCR) to record allegation(s) on a crime report (CRIS) and if necessary ensure it is transferred to the appropriate department or force. For further advice, contact the Data Accuracy Team (DAT)/ Crime Registrar.”