Domestic Violence and Abuse Motion to Take Note 2.31 pm Moved
by Baroness Manzoor That this House takes note of Her
Majesty’s Government’s plans to protect and support victims of
domestic violence and abuse. Baroness Manzoor (Con) My Lords,
throughout my adult life I have tried to do my bit to create a
fairer society and one that values...Request free trial
Domestic Violence and Abuse
Motion to Take Note
2.31 pm
Moved by
-
That this House takes note of Her Majesty’s Government’s
plans to protect and support victims of domestic violence
and abuse.
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(Con)
My Lords, throughout my adult life I have tried to do my
bit to create a fairer society and one that values and
improves the lives of some of the most disadvantaged and
vulnerable people in our communities. I have tried to do
this through my work in the health service, through my work
as the Legal Services Ombudsman and Legal Services
Complaints Commissioner for England and Wales, as a trustee
of the NSPCC, and as a commissioner and deputy chairman of
the then Commission for Racial Equality. I have listened to
and seen at first hand the harrowing effects that physical,
sexual and psychological abuse and violence can have on the
lives of individuals and on the lives of their families.
I was very moved by my noble friend Lady Seccombe’s
insightful speech last week when she spoke about domestic
violence. It made me reflect on the great strides that
society has made in bringing this corrosive behaviour and
violence to light so it is no longer hidden, mostly, behind
closed doors. Attitudes, quite rightly, have changed
significantly. However, despite the great strides made,
sadly the Office for National statistics figures, which I
make no apology for quoting, show that for the year ending
March 2016, of those who said they had experienced domestic
abuse, 1.2 million were female and 651,000 were male—of
every three victims of violence, two will be female and one
will be male. Overall, 27.1% of women and 13.2% of men had
experienced domestic abuse since the age of 16, equivalent
to an estimated 4.5 million female victims and 2.2 million
male victims. Around seven women a month are killed by a
current or ex-partner in England and Wales. Findings from
the British Crime Survey show around 30 women, every day,
attempt suicide as a result of experiencing abuse. Every
week, three women take their own lives. These are shocking
figures.
Like Age UK, I am also concerned that domestic abuse
towards older people is a hidden issue. Coercive behaviour
and control is the dominant aspect of abuse, and this can
make victims even less likely to disclose abuse, and
professionals do not always identify indicative patterns.
Official police statistics consistently report low levels
of abuse and domestic violence against older people, while
prevalence surveys suggest that around 340,000—about one in
25—older people living in the community are affected by
abuse every year. Health and Social Care Information Centre
figures show that the majority of all safeguarding concerns
relate to those over 65. Age UK recently found that, at a
very conservative estimate, 130,000 people living in the
community aged 65 and over have suffered financial abuse.
As with younger age groups, the majority of victims are
women.
It is also important to note that statistics on domestic
abuse are often based on the Crime Survey for England and
Wales, CSEW. However, the self-completion module of this
survey has historically only been put to respondents aged
16 to 59. Can my noble friend the Minister say what the
progress is on plans to totally remove the age limit of
CSEW abuse statistics? No loving partner, no loving parent,
no loving member of the family or friend should violate
those closest to them. Age is irrelevant.
As a society, we must have zero tolerance to domestic
violence and abuse. To that end, I would personally like to
see the law strengthened so perpetrators of domestic
violence serve their full prison term rather than being
released after serving only half. Despite domestic violence
and abuse affecting both men and women, it is women and
girls who bear the brunt of it. It is therefore right that
the Government have made stopping violence against women
and girls a priority. But no one should live in fear of
these crimes, and everyone should have the right to feel
safe at home and in their communities.
In that regard, the Government have undertaken some
ground-breaking work which should be commended. They have
published their Ending Violence against Women and Girls
strategy and pledged increased, dedicated funding of £100
million between now and 2020. They have launched a £15
million service transformation fund to boost local
provision of services to promote and embed the best of
local practice. They have launched a £20 million DCLG
domestic abuse accommodation fund, which will support 76
projects, creating 2,200 new bed spaces in refuges and
other specialist accommodation. They have rolled out
domestic violence protection orders and the domestic
violence disclosure scheme, and introduced a specific
offence of domestic abuse, which outlaws patterns of
controlling or coercive behaviour and carries a maximum
penalty of five years’ imprisonment, a fine or both. They
have placed domestic homicide reviews on a statutory basis
and driven improvements to the police response time by
overseeing delivery of recommendations from HMIC reports.
They have also prepared legislation that will give family
courts the power to stop abusers from cross-examining
victims in person.
Those are all welcome measures, and as a result of the
Government’s strategy, the volume of prosecutions and
convictions for domestic violence is now at its
highest-ever level. That means more victims are coming
forward and are seeing justice than ever before. However,
although it is important to recognise these improvements,
there is still a long way to go, as the statistics I have
outlined and the recent joint report by HMIC and HMCPSI,
Living in Fear – the police and CPS response to harassment
and stalking, show.
I am therefore pleased that the Government intend to build
on this important area of law by announcing in the gracious
Speech that they will be introducing a new domestic
violence and abuse Bill. Currently, there is no definition
in law of domestic violence and abuse, and the law in this
area is fragmented across different pieces of legislation.
I hope that the Government will remedy this in the domestic
violence and abuse Bill, as well as defining the law on
what is domestic violence and abuse. That would bring
greater clarity and guidance to the justice system, as well
as better understanding of the law and the role and
responsibilities of key professionals working across our
public sector. Perhaps my noble friend say whether the
definition will consider all forms of domestic abuse—for
example, financial abuse, abandonment, including outside
the UK by UK nationals living in the UK, and intimate
partner violence.
I agree with the Women’s Aid network that the Government
should put prevention and early intervention at the core of
the new legislation and any regulations relating to it.
This will enable domestic abuse to be identified and
responded to before it escalates. It needs with clarity to
address areas of prevention and early intervention in its
strategies in areas such as in the community and at work,
and better engagement and co-ordination with professionals
in the health service and in the care of the elderly.
I would like the Bill to strengthen work on sanctions for
perpetrators of violence and the reporting mechanisms
between professionals, such as the NHS and enforcement
agencies. Safeguarding issues are important for all
vulnerable people, but more so for the young and the
elderly. The Government should also consider putting in
place mechanisms which enable us better to understand and
respond to the devastating and lifelong impact that
domestic abuse has on children, who carry the effect into
adulthood. Such mechanisms could enable targeted and better
planning of services and access to specialist needs-led
support—which is vital.
We should not forget the ratification of the Istanbul
convention. A Private Member’s Bill relating to this, so
ably taken through your Lordships’ house by the noble
Baroness, Lady Gale, received government support—no doubt
the noble Baroness will have more to say today. The
ratification of the Istanbul convention by the Government
will put in place an important framework in the UK which
will enable the proper monitoring and assessment of
progress. It had full cross-party support, and I hope that
the Minister will be able to give a timetable for its
implementation.
Given the landscape I have outlined, these are all
significant areas of policy, and I support the Government’s
commitment to and emphasis on further legislation and
regulation, which continues to improve and protect the
lives of some of the most disadvantaged and vulnerable
people in our communities.
To conclude, can my noble friend say how the domestic
violence and abuse Bill will recognise the harm inflicted
on children who witness domestic abuse, and how will the
Government support the Bill with practical action and
resources? Also, will the Government think carefully and
creatively and use the Bill as an opportunity to amend
company law in tackling modern slavery and abuse by
incorporating or linking Section 54, which relates to
supply chains and subcontractors under the Modern Slavery
Act, into UK company law? I mentioned last week that the
French vigilance law is a good example in relation to human
rights and the environment.
I end by congratulating the Government on its domestic
violence and abuse strategy and with a quote from Women’s
Aid network:
“The Domestic Violence and Abuse Bill is a
once-in-a-generation opportunity to create a step change in
the identification of and response to domestic abuse by
public sector agencies, and set in motion a cultural shift
in the way that our communities recognise and react to
survivors”.
I could not agree more. I beg to move.
2.44 pm
-
(Lab)
My Lords, I warmly welcome today’s debate and thank the
noble Baroness, Lady Manzoor, for taking such an important
and timely initiative. It will enable the Minister to
provide details about the Government’s proposals in
relation to the important domestic violence and abuse Bill.
Many vital aspects of this issue deserve consideration, as
today’s wide-ranging debate will show, but as a trustee of
the fantastic charity Paladin, the National Stalking
Advocacy Service, I will focus my remarks on stalking.
Paladin is marking its fourth anniversary, and I celebrate
all that we have achieved in such a short period. We have
been advocates and campaigners. Working with others, we
have brought about changes in the law. We have developed
and nurtured best practice and, through training, we are
slowly—all too slowly—changing culture and practice in the
police and judiciary. Most importantly, our brilliant
accredited independent stalking advocacy
caseworkers—ISACs—have supported thousands of victims of
stalking when they are at their most vulnerable and
desperate. They have saved lives.
The women who turn to Paladin are of all ages and
backgrounds, including some with a very high profile. I am
hugely proud that we are the only national advocacy service
in the world, but I am dismayed that the need for our
services is growing. The challenges that society, and
therefore our service, faces are constantly changing.
Social media, which is wonderful and liberating in so many
ways, has become yet another tool for perpetrators and a
torment for victims. Consequently, our expertise and
practices are evolving, and so must the policies and
practices of the police and criminal justice system.
It is extraordinary, and deeply depressing, that in
21st-century Britain at least 700,000 women are hounded by
stalkers every year. Too often, the signs of danger and
despair are missed, leading to murder. Yesterday’s report,
which has already been mentioned, from Her Majesty’s
Inspectorate of Constabulary and Her Majesty’s Crown
Prosecution Service Inspectorate, was truly devastating.
The report followed a review of 112 cases of stalking and
harassment taken from six police force and CPS areas across
England and Wales. Victims were constantly let down, and
not one of the cases was well dealt with overall.
Murder is always a heinous crime but, as a society, we
should be incensed by the fact that most murders of victims
of stalking could have been prevented. The signs are
usually there for the police to see, but it is not possible
to recognise them without training, appropriate tools and
knowledge of best practice.
Just last week, we held a conference entitled “Raising the
Bar—Preventing Slow Motion Murders”, an opportunity for
members of the police and criminal justice system to share
in Paladin’s learning, knowledge and best practice as
derived from a review of more than 2,000 cases, and to
galvanise action. The messages from all participants,
including professionals, police, the HMIs, the Sentencing
Council, victims and their families, were absolutely clear:
the appalling lack of training, especially for the police,
is making the lives of victims hell and leading to deaths.
There is still not enough awareness of stalking and a
national stalking register is urgently needed.
Noble Lords will recall that four years ago, the
independent parliamentary inquiry on stalking law reform,
of which the noble Baroness, Lady Brinton, was a leading
member and to whom I pay tribute for her courage and
tenacity, produced a comprehensive report. Sadly, many of
its findings were much the same as those in the report
published yesterday and, despite all the evidence about
training, best practice, raising awareness, assessment and
advocacy, too little has changed. Women have died and
continue to die because lessons were not learned—women such
as Molly McLaren, who was murdered last week in Kent,
Anne-Marie Birch in Kent, Justene Reece in Staffordshire,
Hollie Gazzard in Gloucestershire, and many others. Since
Hollie’s murder and the amazing campaigning work of her
father Nick, things in Gloucestershire have greatly
improved. The police have received training and we now have
a multiagency approach, with an ISAC based in the excellent
Gloucestershire Domestic Abuse Support Service, but this
new system now needs proper evaluation.
The disgrace is that, before Hollie’s death, there was no
police training in Gloucestershire and all the signs were
missed. Along with tens of others, her murder could have
been prevented. In many cases, the murders have been
referred to the Independent Police Complaints Commission,
but still the vital lessons have not led to action. Crucial
patterns are not identified, indicators of risk continue to
be missed—a victim’s fear, a victim not being believed,
coercive control in the relationship, serial perpetration
against multiple victims and threats to kill are too easily
dismissed. There is evidence that one in two domestic
stalkers and one in 10 of non-intimate stalkers, if they
make a threat, will act on it, yet, alarmingly, no priority
is afforded to those cases, despite 76% of murders
happening on separation, and 34% within the first month.
The University of Gloucestershire found that in 94% of
homicides that it reviewed, stalking was present.
If there had been comprehensive training, thousands of
victims of stalking who live in constant fear and whose
lives have been blighted, could have suffered less.
Stalking is a crime of persistence and control, and
repeated patterns of behaviour can have a devastating
effect on the victim and her family. Helen Pearson from
Devon made 125 reports to the police over five years, and
each time she told them it was linked to the previous
report. But the police did not act, and then her stalker
tried to kill her. It took eight years for the police to
apologise. As Helen has recently said:
“I have to live with this every day. It’s just not good
enough and I don’t want others to suffer like I have. The
police must believe victims when they come forward”.
Alice Ruggles was murdered last autumn, and her father told
us in the conference last week that he believed that
Alice’s fear was dismissed by the police due to her polite
and respectful demeanour. There was no consistency in the
way in which her calls were handled. I learned last week
that when one of our ISACs contacted the Durham police on
behalf of a victim she was told, “We don’t have stalking in
Durham—it only happens in the United States”. Many victims
report that when they contact the police to report an
incident and ask for help they are frequently asked, “Well,
what do you think we should do about it?”, or they are told
that the incidents that they are reporting are not
significant. This is appalling, and there is no excuse. As
the HMIC report says:
“Forces need to improve their understanding of harassment
and stalking. Some victims are at considerable risk, and
failing to identify and tackle this can have fatal
consequences. Police leaders across the service need to
grip this issue urgently”.
Specialist training has been developed as well as essential
tools like DASH and S- DASH, the risk screening tools, but
these are too often misused or not used at all. I believe
that training for all police forces and for the criminal
justice system should be mandatory. When we introduced the
stalking laws in 2012, the noble Baroness, Lady Brinton,
and I along with others argued that training should be in
the Bill and that it should be mandatory, but this was not
agreed by the Government. I regret that. As a result of the
HMIC report and its recommendations, I trust that the
Minister will add her voice to the demands from
professionals, victims and their families for training in
each and every police force—not tick-box training, which
did not save the life of Shana Grice in Sussex, but
specialist training. Even after the tick-box training,
Shana, when she reported an incident of stalking to the
police, was given a fixed-penalty notice for wasting police
time.
There have been real advances in legislation since the
first stalking laws in 2012, with the introduction of the
coercive control offence in 2015, the stalking protection
orders announced in December, and doubling the sentence for
stalking, for which I am grateful. But as yesterday’s
report so clearly demonstrated, laws are not enough;
awareness-raising and training is required. Too many
prosecutors are charging stalking offences as harassment,
meaning that charges do not reflect the seriousness of the
offence and victims do not receive the support that they
require. In addition, there is some plea-bargaining for
expediency, which is simply not acceptable. It was clear
from what the DPP was saying in our conference last week
that the CPS recognises the need for change, and I hope
that it will follow the recommendations of the report,
including that the CPS should ensure that all prosecutors
have received training about harassment and stalking.
The changes in the law have largely come about as the
result of campaigning by victims, their families and
charities that support them. They are best placed to know
where there are gaps in the law and where action is needed.
They welcome the draft Bill that the Government have
announced but—as that is likely to take some time to get on
to the statute books, due to what I hope will be
pre-legislative scrutiny, which I strongly support—on their
behalf I ask the Minister to consider the urgent
introduction of a register for serial stalkers and domestic
violence perpetrators, which could be incorporated into
ViSOR, the Violent and Sexual Offenders Register, and
managed under MAPPA, the Multi-Agency Public Protection
Arrangements. This would enable police to monitor and track
perpetrators, taking the onus off the victim and protecting
them.
At the moment, it becomes clear that a stalker is a serial
stalker or abuser only if evidence is given by a number of
victims. If there were such a register, perhaps Alice
Ruggles would not have died. Indeed, her stalker, who had a
history of abuse, was issued with a police information
notice that was not enforced when breached. I noted that
one of the recommendations of the HMIC report is that chief
constables should stop the use of police information
notices and their equivalents immediately. John Clough and
Pamela Dabney, whose daughters were both murdered by their
stalkers, are leading the campaign for a register. Might
the Minister agree to meet them and Laura Richards to
discuss this issue further?
Stalking is rightly known as murder in slow motion. We know
that these murders can be prevented, and that we can better
protect victims. There is, sadly, now a huge body of
evidence, and we know the lessons that should have been
learned. The report from the HMIC and its recommendations
are welcome, but there is nothing new. Now is the time for
action. I am delighted that a few—too few—police forces
have commissioned training and have SPOCs in their teams,
but protection and support for victims should not be a
postcode lottery. All police forces should be trained; all
should use the tools and best practice available. I
understand that there is always a question of resources,
but this must be a priority—and it could, of course, save a
huge amount of money that is currently spent on murder
inquiries.
Victims must receive support and have access to accredited
ISACs. This service costs money and, to date, there has
been no funding from government. I understand that the
provisions in the draft Bill will be accompanied by a full
programme of non-legislative measures, backed by the £20
million of funding announced in the Budget. I urge the
Minister to ensure that a small part of this money is
invested in Paladin towards the service delivering advocacy
to high-risk victims and to our university-accredited ISAC
training. Independent domestic violence advisors, IDVAs,
have been resourced or partially funded, I believe, so why
not ISACs?
As yesterday’s report clearly states, the police and
judicial system is failing victims of stalking by
under-recording, inconsistent services and a lack of
understanding. In the words of Her Majesty’s Inspector of
Constabulary, Wendy Williams, who led the inspection:
“Changes need to be made immediately and the
recommendations in the report should be acted upon without
delay to protect victims from further harm”.
Let us ensure that this desperately needed action is taken
and that we deal with stalking with the seriousness its
victims deserve.
2.57 pm
-
(LD)
I would like to thank the noble Baroness, Lady Manzoor, for
securing this important debate and for the breadth of its
title, which makes it clear that we are not just talking
about domestic violence. It includes abuse—and, as the
noble Baroness, Lady Royall, specified, it needs to include
coercive control and stalking. I would add one further
point from my own personal experience. I was stalked by my
Conservative political opponent in the run-up to the 2010
general election. Because that was entirely
political—although it was sexual as well—it was not
domestic; however, all the traits of that behaviour
followed the form of everything else. When the domestic
violence Bill is before this House, I hope that the
definition in its widest sense is included as well.
We have already heard that at least two women are killed
every week in England and Wales through domestic violence,
and as many as one in four women will experience some form
of domestic violence in their lifetime. The impact of
domestic violence is disproportionately felt by women, but
we should not ignore the fact that it is also a problem for
men. However, I want to focus on younger, single,
socioeconomically disadvantaged women, who often find
themselves targeted. Despite the prevalence of this
epidemic—invisible to most people—our legal and judicial
institutions have failed to accommodate and support the
victims of such crimes in several respects. Noble Lords
will know that I have spoken on this subject in your
Lordships’ House on a number of occasions.
I will add a statistic that may not sit within domestic
violence. Perhaps more worryingly, nearly 11% of rape cases
are reported as “no crimes” by our justice system, higher
than any form of sexual assault. We know that rape and
domestic violence have been among the hardest things to
secure charges for. It is crucial that we further develop
competent institutions that cater for the individual needs
of victims of domestic violence and abuse on a case-by-case
basis, in a way that protects the identity and safety of
the victim at the point of reporting and preferably after,
and provides first-class services, counselling and
resources through any and all means necessary to meet the
needs of those who have faced such suffering and
difficulties.
I thank the many organisations that support victims of
domestic violence, domestic abuse, coercive control, and
stalking. Most of those organisations are run by people who
have themselves been victims and survivors of those forms
of abuse. I also thank the noble Baroness, Lady Newlove,
who is speaking after me. I am sure that, as the
Commissioner for Victims, she will talk about that role. I
will not steal her thunder except to say that her 2015
report was extremely significant. It laid out clearly the
failures of process in our system—from the start with the
police and throughout the criminal justice system,
including the family courts. Almost 75% of the victims
consulted in that review were unhappy with the response
they received, and over 50% found that the relevant
agency’s complaints process was difficult to use. No wonder
it becomes difficult for victims to come forward.
Last year, the Public Accounts Committee published a report
that concluded that the,
“system is bedevilled by long standing poor performance
including delays and inefficiencies, and costs are being
shunted from one part of the system to another”.
The system—that is, victim support—
“is not good enough at supporting victims and witnesses”,
and:
“Timely access to justice is too dependent on where victims
and witnesses live”.
The committee was concerned that the Ministry of Justice,
“has been too slow to recognise where the system is under
stress, and to take action to deal with it”,
and that:
“There is insufficient focus on victims, who face a
postcode lottery in their access to justice due to the
significant variations in performance in different areas of
the country”.
The committee’s chair, MP, said:
“An effective criminal justice system is a cornerstone of
civil society but ours is at risk. Too little thought has
been given to the consequences of cutbacks with the result
that the system’s ability to deliver justice, together with
its credibility in the eyes of the public, is under threat.
Our Report paints a stark picture of the human cost of
critical failings in management from the top down. The
system is overstretched and disjointed. Victims of crime
are entitled to justice yet they are at the mercy of a
postcode lottery for access to that justice. About
two-thirds of Crown Court trials are delayed or do not go
ahead at all and only”,
just over half,
“of those who have been a witness say they would be
prepared to do so again. These are damning statistics”.
This is why, in the course of the Policing and Crime Bill,
I laid amendments before your Lordships’ House that would
not just strengthen victims’ rights but, for the first
time, place a duty and responsibility on everyone in the
police and criminal justice system, and anyone in any other
agency who comes into contact with a victim, to deliver the
victims’ code support, which is set out really quite well.
The problem we have is not the victims’ code, but the lack
of responsibility for agencies to deliver.
Why is this necessary? I have stories from two women, which
I heard last year. The first spoke very movingly about how
hard it was to take her continued domestic abuse—not just
from her husband; she was sex trafficked to his friends.
One of the first police officers she reported it to told
her that she should enjoy it—it was clearly part of their
marriage—and that she should be flattered that she was
regarded as such an attractive woman. She went on to
complain, as the abuse continued. Her children were
witnesses to it and eventually she and the children fled
the marriage. Because he was known and the children were
therefore at risk, a social worker was involved. After she
had been provided with a safe place to live, the social
worker divulged the address to the husband on the grounds
that, as a father, he had the right to know where his
children lived. This happened not once in this case, but
twice—with the same social worker. He also abused the
family courts process by asking repeatedly to have access
to the children. Until very recently, there was no linkage
between the criminal court system and civil court system to
ensure that this could not happen. She now lives 200 miles
away from him and the children are at their third or fourth
school. She cannot allow them to appear in any photographs
at school or in any activities anywhere, because she is
really worried that, some years on, the children will be
recognised on social media and her ex-husband would be able
to find her.
The other case concerns a woman who was viciously assaulted
by her husband. Then, he laid her down on a bed and, in
front of their child, raped her violently. He then got up
and, when the child tried to stop him, he attacked the
child. When this one assault, which took place in under
four minutes, was reported, the local police station
insisted on each separate crime being listed separately and
dealt with by separate departments within the police
force—against all the formal requirements for cases such as
this, which state that there should be one crime number and
one leading officer, and all agencies should work together.
This is the postcode lottery in reality, and this is why
women attempt to take their lives: they know that will not
be listened to and they cannot get the support they need.
This morning, my Private Member’s Bill had its First
Reading. It is 35th on the list so I suspect it will not
get very far, but I will be bringing forward some of the
text of that Bill as amendments to the domestic violence
Bill to ensure that training becomes mandatory, not just
for the police but for the criminal justice system and for
social workers. We need mandatory reporting of child sex
abuse because, too often, in cases of domestic violence and
domestic abuse, the children are targeted as well. We also
need to ensure that the formal processes I have outlined
are required training, both in the police and the criminal
justice system. There is only one way to do that, which is
by formal, mandatory reporting back to Parliament.
Otherwise, it will not happen.
I understood, although I rejected and objected to, the lack
of mandatory training and reporting when the stalking law
reform went through. Some four or five years on, it is
clear that that system is not working. This needs to
change, and I am extremely grateful to the noble Baroness,
Lady Manzoor, for bringing forward this debate. These
points have not been covered in the Home Secretary’s
announcements over the last few days. None of the system
will work and all the money going into preventive work will
fail if victims cannot get the support or the services they
need to make sure that such incidents are reported.
Your Lordships will know that I have a particular interest
in disability. Will disabled women be specifically included
in the Istanbul Convention? At the moment, they are
invisible in that regard but they are, I am afraid, also
targets of domestic violence and domestic abuse. I am
encouraged that the Government are taking the next steps
towards ratification, but I would like to know whether
there is a timescale for it, whether it will happen before
or after Brexit, and whether the Government continue to
provide the right support. There has been much debate in
your Lordships’ House and elsewhere about working across
Europe after Brexit. If we are moving towards ratification,
I hope that the Minister can confirm that we will not only
ratify but, like many other countries in Europe, continue
to work cross-country to learn best practice and hopefully
ensure that we can contribute examples.
Some European projects, such as Implementing
Victim-Oriented Reform—known as IVOR—have longitudinal
studies on victim treatment across the EU. The Protasis
Project funds cross-cultural workshops with police from
Portugal, Italy and Greece to develop the manner in which
victims are treated and how the various agencies work. The
sophistication of our domestic abuse units, child
protection teams, multi-agency risk assessment conferences
and domestic violence advisors is in theory reputable. We
have to ensure that those employed in such services can
execute their responsibilities in practice. There is much
to learn from how our European colleagues handle some of
these processes. Can the Minister assure me that we will be
looking and learning from those as well?
I have painted a pretty bleak picture but I end on a more
positive note. I worked with a victim of domestic abuse in
my home town of Watford some 10 years ago. She went through
all sorts of things, including having emergency alarms
fitted in her own house, and a traumatic family courts
experience because her ex used those. I am pleased to
report that that time has long since gone. She has
remarried and brought up her children, and her eldest
daughter, who witnessed much of the damage, hopes to become
a police officer very soon.
3.10 pm
-
(Con)
My Lords, having heard the previous three speakers, I am
quite emotional as I am very passionate about victims. As
someone who is also a victim, I become irate when I listen
to these speeches, as we are not discussing politics or
legislation but human lives.
First, I congratulate my noble friend Lady Manzoor on
initiating this very important topic. Sadly, as we debate
this very important subject in your Lordships’ House today,
the statistics state that 2 million women, men and children
suffer the violent and needless harm of domestic abuse—2
million people who should never ever suffer such horrendous
acts of violence in their own home, in their loving
relationships and more importantly from another human
being.
Women especially have suffered in silence for many years.
After all, marriage was seen as marital sanctity, creating
an attitude in society of putting up and shutting up. Many
generations stood by and watched their friends’ and
families’ relationships breaking down, watching—or shall I
say choosing to ignore?—their loved ones’ downward spiral
of self-worth. The controlling and violent acts and, even
more dangerously, coercive methods created such fragility
within relationships. Is it any wonder that even today in
the 21st century we constantly hear and read about mostly
women—but I have to say also men—who feel so alone and
desperate, losing their lives to violent crimes? The latest
figures show that the proportion of women aged 16 to 59 who
have experienced domestic abuse in the past year is at its
lowest since 2004. However, I see and hear stories of
victims of domestic abuse who frequently tell me they would
not report to the police as they know that they will not be
believed. Often, they are very right.
I have even met male victims of domestic abuse. This is
very interesting as we mostly visualise weak men struggling
with this type of crime. However, the victims to whom I
spoke were ex-SAS and military men, so they were not meek
and mild. However, when they wanted to take their own
lives, as they could not deal with the hurt to their male
pride, they reported the crime and sought help and support.
They told me that a policeman had said, “If you give her a
belt, you can claim self-defence”. What are we coming to
when a victim of crime goes to an agency for support, only
to be given such horrendous advice by a police officer?
That is totally immoral and disgraceful. How does that help
the children of families who witness such abusive
relationships—which in turn can lead to their relationships
being as abusive, and to some entering into the criminal
justice system—at such an early age? In west Kent, the
number of children who witness such violence is two for
every offence. That number is worryingly high.
In my role as Victims’ Commissioner it saddens as well as
angers me to listen to accounts of the acts of violence
which these women and men suffer from the very person who
they thought loved them. How calculating and brutal it is
to turn such loving emotions into such cruel acts of
violence against the very person they say they love,
leading to the victims of such abuse wanting to take their
lives as they are lost and lonely and think that this is
the only solution to gain some peace and respect. There is
not one character to this abuse; it presents itself with
several heads. Surely, society needs to change mindsets,
and to listen and truly understand that it is not as simple
as just saying, “Well, leave him if he’s that bad”, or, “It
can’t be that bad as you’ve gone back to the home”.
I have a saying that if we presented ourselves with a
broken arm or leg, people would show empathy. However, if
we do not have such an injury, and we smile, the
presumption will be that we are healed and not shattered.
Sadly, that is not true, as a smile hides many broken
memories and emotions. However, it is strange that when
there is violence within a relationship, our mindset leads
us to look at these injuries on a different level. We start
off with tea and sympathy, which has its place, but it is
even more imperative to understand the dynamics of the many
facets of domestic abuse. If it was so simple to resolve
and we could simply up sticks and walk away, we would not
be having this debate in your Lordships’ House and the
Government would not have to legislate to recognise the
harm of domestic abuse as a criminal act.
As I travel round the UK and Wales, sadly, time and time
again victims tell me that the police do nothing. They are
not interested and do not see a pattern of incidents as
domestic abuse at all. They feel that the victims are just
moaning and want them to go away. Not only are too many
investigations being poorly run but, too often, we see
further trauma to the victim and their children when family
matters become a civil matter. I therefore welcomed the
announcement by the previous Justice Secretary, , on setting up an emergency
review to ban perpetrators of domestic abuse from directly
cross-examining their victims within the family court
system. The Government must ensure that this is followed
through so that the family courts are a safe space for the
victims to speak freely and openly without further trauma
and upset, thus ensuring that the correct protection and
supervision orders are put in place. Judges have to be
stronger for the victims.
As I previously stated in the debate on the most gracious
Speech, I truly welcome the Government’s introduction of
the new domestic abuse Bill, as well as the support and
input that has been provided by Women’s Aid and many other
third sector groups. I place on record and commend the work
of Polly Neate, the chief executive of Women’s Aid, who,
sadly, is leaving this post and going to work for Shelter.
Polly has worked tirelessly to ensure that government is
listening and puts protections in place to support victims
of domestic abuse. I wish her well in her new role and know
that she will be sadly missed.
It is therefore essential that the Government ensure that
there is a complete overhaul to address the culture of
domestic abuse. I know for sure that there is a shortage of
independent domestic violence advisers. These are essential
to build a relationship with domestic abuse victims. We
must ensure that there is no postcode lottery. How can we
ensure that victims give evidence in court when their
adviser is not allowed in the witness box with them? How
can we ensure that we will introduce a world-class domestic
abuse Bill when the courts do not recognise independent
domestic violence advisers? Surely, that cannot be right.
Although there are domestic homicide reviews, “lessons
learned” are the two most insulting words for a victim’s
family to hear. I am tired of listening to TV, newspaper
and other reports in that regard. Lessons learned are on
the basis of people losing their lives and families being
hurt for the rest of their lives. I would like domestic
homicide reviews to come back in six months and see whether
there have been changes. There has to be accountability and
responsibility. Lives are not worthless; they are
important.
I also ask my noble friend to ensure that we have enough
resources to put these advisers in place. My advisers call
them a SPOC, but I think that that is too Star Trekky. I
think they should be known as victims’ advisers and support
victims from the beginning of their journey to the very
end, irrespective of whether they enter the criminal
justice system. They need somebody to whom they can relate
and who speaks their language. They need somebody within
our criminal justice system who speaks for them because, at
the moment, there is nobody there.
Governments past and present have built an expectation that
victims of domestic abuse will be better supported, and
therefore they must not let them down. That is why I
welcome the fact that the Government have put in place an
increase in funding. The £15 million violence against women
and girls service transformation fund is intended to
encourage joint working and a more integrated response.
However, I say to my noble friend the Minister that on my
journeys up and down the country I have been made aware
that people are still waiting to hear the outcome of their
bids, as, sadly, the process was halted due to the general
election. Can the Minister shed any light on how those bids
are progressing? The money is needed to advise and support
victims. The fund will enable and encourage joint working
and look at measuring success, as well as creating an
honest landscape instead of everyone claiming success for
the same initiative, which creates double-counting results.
I also welcome the introduction of a domestic abuse
commissioner. I look forward to further discussions about
the creation of this statutory role, whose focus will be on
ensuring that victims of domestic abuse are provided with
the quality support they require, as well as on driving up
standards and enabling people to share what works.
Legislation is very important but there is no point in
creating anything if nobody on the agency front takes note
of what they are supposed to do. Time and again, my reviews
have shown that agencies think they are doing the right
thing by victims but there is a huge gap and, sadly, there
is no accountability or responsibility. As I said in the
debate on the humble Address, I think that the time has
come for a victims’ law, because we need to be able to
address the suffering of these people and their families.
They need someone to be accountable instead of having to go
through barriers. It is all very well for us to stand up in
your Lordships’ House and say that that is not happening,
but it is not right—these are human beings. Legislation has
a place but, as I keep saying, these people should be
treated with dignity and respect, because they are living
with the abuse 24 hours a day. It is very sad to hear that
the measures we put in place are not being heeded. We need
quality, professional workers who know what a victim’s
journey is about. Until that happens, we will stand here
again and again attempting to protect these victims,
because their voices and their names matter.
3.22 pm
-
(Con)
My Lords, I too thank my noble friend Lady Manzoor for
giving the House the opportunity to discuss this important
and difficult subject this afternoon. I would like to make
a short intervention in the debate to make only five
points.
The first is to welcome the fact that this important issue
receives a very much higher profile now than has
historically been the case. The work of campaigners both
inside and outside Parliament—I very much include those who
have spoken in this debate, particularly my noble friend
Lady Newlove, who made a very moving contribution just a
moment ago—has brought this widespread and horrific crime
to greater pubic prominence. I pay tribute to all those in
the police, the health and social services, and the
voluntary sector who have done, and continue to do, so much
to ensure that the protection and support available is
immeasurably better now than was the case only a few years
ago. That is not in any way to diminish the very powerful
representations that have been made for yet better services
and greater co-ordination between agencies in the
protection of victims.
I would like to refer to the Rob and Helen story that
occurred in “The Archers”. It probably brought this issue
to greater public prominence than any other single
initiative in the UK for very many years, if not ever. I
understand that more than 1 million additional listeners
tuned in to hear the final throes of this moving and deeply
disturbing story. It perhaps humanised the issue and
brought home the realities of coercive control, to which a
number of noble Lords have referred. Perhaps the BBC, which
comes in for a lot of stick, should be commended for taking
this brave initiative, which has done so much good.
It is important to seek to quantify the scale of the issue.
As we have heard, the official statistics tell only part of
the story. According to the ones that I saw for 2013-14,
887,000 incidents of domestic violence were recorded by the
police. Those figure are now a couple of years out of date
but they give a good indication of the situation. The true
level is very difficult to measure, for all the reasons of
non-reporting that are easy to understand, but the true
scale is in the order of 2 million incidents, which is a
huge number if one considers the adult population of the
UK. There are thought to be currently 100,000 individuals
in the country at high or imminent risk of serious abuse. I
was also very interested to hear the words of my noble
friend Lady Manzoor, who referred to the plight of older
victims. I agree that they do not receive the degree of
prominence that they should, and I am sure that it is an
uncovered area of significant concern.
Secondly, I draw the House’s attention to the report
entitled Getting it Right First Time, produced by the
charity SafeLives in 2015. This is an excellent and
well-thought-out piece of work, drawing some very pragmatic
conclusions about areas where the support provided by
different agencies could be enhanced. This charity was
originally set up in 2005 as Co-ordinated Action Against
Domestic Abuse—CAADA. It advocates the use of a risk-based
approach, prioritising those at greatest risk of harm, and
it takes a modern, facts-based research approach towards
this issue.
We know that early intervention is one of the keys. Finding
families under threat earlier will save lives—that is, in
my submission, unarguable. It has been estimated that 85%
of victims sought help from professionals, including from
the medical profession, some five times on average in the
year before they received effective help to stop the abuse.
That represents five opportunities for disclosure of the
issue, which, had they been taken, could have brought the
situation to a stop a great deal earlier. Therefore, the
argument for early intervention is very clear. Research
also indicates that high-risk victims live with the
situation for an average of between two and a half and
three years before they receive successful help. During
that time, the level of abuse almost invariably escalates,
and the effect on children within the family over that
average period can be very severe. On a more pragmatic
note, late intervention is also very expensive, being
estimated to cost more than £18,000 per instance. That is
another powerful argument for more effort to be focused on
earlier intervention.
Proactive identification and co-ordination are clearly also
important. It is very clear that the strenuous efforts of
the various agencies involved and recent positive
initiatives have achieved a great deal, but there is a
great deal more that can be done to ensure sufficient
co-ordination between them. Greater co-ordination,
proactively focused on early identification—and, in
particular, on linkage between children’s and adult
services—would be of great benefit. Although a great deal
of work has been done to facilitate earlier identification,
undoubtedly more could be done. Giving greater confidence
to families that reporting will also result in effective
action is also a priority, and, we hope, will promote the
ability of people, as well as families and relatives, to
reach out for help earlier and report incidents to the
authorities.
Like other noble Lords across the House who have spoken, I
welcome the draft domestic violence Bill, and in particular
the focus on creating a robust and well-defined legal
framework, which I understand will include for the first
time a legal definition of the offence or offences and will
consolidate the relevant legislation. That is a very
positive development.
From my understanding the Bill has been well received, and
its announcement has prompted many suggestions and
recommendations from experts in this field. I was
particularly struck by one line of argument that stressed
the need to put the emphasis on the perpetrator rather than
on the victim, utilising the risk-based approach that I
referred to earlier in my remarks. I trust that this will
be reflected in the Government’s consideration of the issue
and in our deliberations when the Bill eventually comes
before this House.
This is an extremely challenging, complex and multifaceted
issue. We are all very grateful to my noble friend Lady
Manzoor for having secured parliamentary time to air this
important issue.
3.30 pm
-
(LD)
My Lords, the importance of addressing domestic abuse is
moving up the agenda, which is to the good. As the noble
Baroness made quite clear, it is a people’s issue and not
just a women’s issue, so I congratulate the one man in our
debate—he contributed very effectively.
We are all aware of the significance of public awareness,
in general and on the part of those affected—a point made
by the noble Viscount—and those who abuse. None of today’s
speakers come new to this subject, but we will all have
been shocked by what we have heard and been reminded of,
not least by the noble Baroness, Lady Newlove. I suspect we
all have experience of discussing this with other people
and seeing disbelief or dawning belief on their faces. That
is particularly so in the case of coercive control, now
recognised in law and by more, but not all, of the public.
I want to think aloud about two prominent points in the
Government’s proposals. The first is the creation of a new
offence. I am not arguing against consolidating what we
have, but when legislation is proposed I always wonder
whether it is because the Government do not quite know what
to do, or know but want to avoid the issue of resources, or
want to transfer responsibility to local government or the
third sector, usually without resources. My concern is that
violence and abuse are crimes now. We must all have argued
against the characterisation of “just a domestic”, and I do
not want us to do anything that diminishes the seriousness
of the criminality. I might be more comfortable if we built
on current offences but with recognised aggravating factors
that can affect sentencing.
On that point, has the Sentencing Council been part of
discussions about the proposed legislation? Indeed, what
consultation has there been generally and what responses
have the Government received? We all know that although
legislation is important, and can indeed sometimes lead the
way, it is attitude and culture that really matter. I have
to acknowledge that a number of noble Lords made very
powerful cases for changes in the law, but I do not think
that that is inconsistent with the point I am making.
My second thought is on the creation of a commissioner—we
used to have tsars, but I much prefer the term
“commissioner”. I query whether the position is appropriate
here, but that is not to question the energy or ability of
those who fill various commissioner roles at present. Will
the Government be transferring to the commissioner what
should be their role and responsibilities?
Noble Lords have rightly emphasised the horrifying
statistics. There is one trend I would like to mention: the
prevalence of domestic violence in teenage relationships.
To me, that says a lot about gender stereotyping and the
importance of very wide PHSE. Perhaps domestic violence is
one aspect of a set of wider issues.
On the point of connections, I want to mention a project
run by Safer London—here I declare an interest as a member
of the board. The project stems from its gang exit work,
which includes relocating young people and their families
when they are determined to get out of gang membership and
activity. Safer London’s pan-London housing reciprocal
agreement serves London boroughs and registered housing
providers with reciprocal offers of housing to enable women
and their families, who for their own safety need to get
away from their home area, to move within London. It is
very small-scale, but it is important.
Mentioning resources, in his contribution to the Queen’s
Speech debate my noble friend referred to local
authorities outsourcing the provision of refuges, with
contracts whose requirements are narrow so that the
provision is the bare minimum of a roof—the physical
provision—but not the very necessary support. We cannot
avoid the issue of local authority funding.
The issues that any Government must address rarely exist in
a vacuum but are related to other concerns. I want to draw
attention to the circumstances faced by women whose
experience of abuse leads, directly or indirectly, to them
committing offences, usually minor. The Prison Reform Trust
is undertaking a programme aimed at reducing women’s
imprisonment. It seems from that work that the criminal
justice agencies need better to understand the dynamics of
domestic abuse, the behaviour of perpetrators and the
effect on victims and survivors.
The Minister will not be surprised to hear me talk about
training in this context, as the noble Baroness, Lady
Royall, mentioned, and the need for joint working by and
with specialist services. Again, it comes down to money,
but also attitudes. I do not know whether the noble
Baroness heard it, but this morning on the radio reference
was made to police training comprising 25 minutes of a
desktop module at the discretion of the police chief. I
cannot comment on whether that was complete or accurate,
but that was what was being discussed. It seems that this
is affected by the turnover of police staff and officers.
Given that each speaker has the luxury of making a long
speech, I will read part of the work done by the Prison
Reform Trust:
“HMIC found in 2014 that in 30% of cases of actual bodily
harm which were identified as domestic abuse related, there
were counter allegations with both parties claiming to be
the victim, and stated: ‘Information on the previous
history is vital if officers are to be able to identify who
the victim is in instances of counter allegations’”.
The work goes on to refer to a recent focus group, at which
women commented that if the police attended an incident of
domestic violence, it was more likely that their
partner—the primary aggressor—would be calm, while they the
victim would be agitated and lashing out, and therefore
more likely to be arrested. One victim said:
“When the police do arrest you after a domestic incident,
maybe because you’re the one that’s suffering you tend to
be the one that’s going to kick out at the police. And the
chap, you know your abuser, tends to be … dead calm …You
just think, ‘I’m trapped again, I’m trapped.’ And my
arrests have been when I feel trapped and then it’s just
like everything’s like a volcano because you think, I’m
getting framed here by my abuser and nobody seems to
understand”.
The briefing I have seen refers to the need for police
discretion in these circumstances. It goes on:
“Prosecutors must make the same judgement when deciding
whether it is in the public interest to pursue a
prosecution. Similar expectations must be placed on
offender managers, defence solicitors and barristers, to
identify where a defendant has been a victim of abuse or
coercion and to ensure this is taken into account in
decisions throughout the criminal justice process.
Sentencers also have a critical role to play in ensuring
that appropriate account is taken of women’s experiences of
abuse and coercion. The provision of high quality
pre-sentence report is essential here”.
I saw the noble Lord, , in the Chamber a few
minutes ago. This would have been familiar to him as it was
an issue in the Modern Slavery Bill and was taken into
account in that Act.
This leads me inexorably to the importance of strategy and
its implementation for women in the criminal justice
system. The Corston model, as it has become known after the
noble Baroness, of women centres is more effective than
prison and much less expensive.
On joint working, can the Minister confirm that the Home
Office is working with colleagues in the MoJ, the
Department of Health and DCLG to deliver the long-promised
strategy on women offenders that will improve the response
of criminal justice agencies to victims and survivors of
domestic abuse, including through ongoing training and
sustained investment in the national network of
women-specific services in the community?
Like other noble Lords, I have had connections with these
issues for some time. This valuable debate has given us an
opportunity to think afresh and to hear new points.
However, I fear that this will not be last time we will
need to debate these issues.
3.42 pm
-
(Lab)
My Lords, I thank the noble Baroness, Lady Manzoor, for
bringing this important debate before us today. It is the
latest in a list of debates that we have had on this topic
over many years. However, it is an important debate and
hopefully we can highlight and deal with some interesting
matters.
The noble Baroness, Lady Manzoor, referred to zero
tolerance. There is more than one form of domestic abuse.
Although many people still think there is only one form—a
man hitting a woman—we know that there are many forms of
domestic violence, which can be psychological, physical,
emotional, financial or sexual. It is a largely hidden
crime but it can take over every aspect of a victim’s life.
I know these figures have been given by nearly everyone who
has spoken today, but on average two women are killed by
their partner or ex-partner every week in England and
Wales. That figure has remained about the same for many
years. I hope that one day it will be reduced.
Domestic abuse-related crime makes up 10% of total crime
and, on average, the police receive more than 100 calls
relating to domestic abuse every hour. Domestic abuse
exists as a form of violence against women and girls and
results from the deeply ingrained inequality between men
and women in society. Domestic violence discriminates
between genders—it is a gendered crime. The Crown
Prosecution Service reported 100,930 prosecutions for
domestic abuse in 2015-16. Where gender was recorded, 92.1%
of defendants were male and 7.9% were female.
This debate is even more relevant given the report released
yesterday by the Inspectorate of Constabulary and the Crown
Prosecution Service Inspectorate. It highlighted how the
police and prosecutors are letting down victims of
harassment of stalking. My noble friend Lady Royal and the
noble Baroness, Lady Brinton, eloquently spelled out
exactly what the report indicated. Hopefully it will be
looked at carefully. I pay tribute to both noble Baronesses
for the great work they have done in this field in
highlighting the issue and for bringing to the House
horrendous statistics and stories about how the police are
reacting. Listening to those stories was horrifying for
me—and, I am sure, for all noble Lords.
The report shows a lack of understanding of stalking and
domestic violence and reinforces the need for specialist
understanding, training and services to properly deal with
these crimes and, more importantly, to help and protect
victims. The report showed that, in 95% of the case files
reviewed, care for the victim was deemed inadequate. These
crimes are often missed or misunderstood by the police and
the CPS. The crime survey for England and Wales 2016
indicated that one in five women and one in 10 men aged 16
to 59 had experienced stalking behaviour since the age of
16.
The Government’s commitment to tackling domestic violence
is welcome and their domestic violence and abuse Bill,
promised in the Queen’s Speech, is a real opportunity for
us to change the way we identify and respond to domestic
violence. I hope that it is not just a consolidation of our
current legislation. We welcome the Bill, but it must go
further than the justice system. Victims of domestic abuse
need support in a multitude of ways. They need support with
accessing mental health services, bank accounts, safe
housing and welfare provision.
It was Labour that first proposed a violence against women
and girls Bill in 2014 and the pledge appeared in our 2015
manifesto—as did proposals to appoint a commissioner and
set minimum standards in tackling domestic and sexual
violence and abuse. We welcome the commitment to a domestic
violence and abuse commissioner. It is important that they
are a representative of victims and survivors. Is the
Minister aware that in Wales a national adviser has been
appointed to advise Welsh Ministers to pursue the Violence
against Women, Domestic Abuse and Sexual Violence (Wales)
Act 2015? Has the Minister had any discussions with Welsh
Ministers to see how this is working and whether what the
Government are proposing is something similar? A key
element of the law should also be to monitor the statutory
agencies and hold them to account. Will the Minister
confirm that this will be a key part of the role,
particularly in light of the report from the Inspectorate
of Constabulary and the Crown Prosecution Service
Inspectorate?
Legislation is one step, but in addition we must ensure
that resources are available to put in place a complex web
of specialist services needed to ensure that victims of
domestic violence get the support they need. It is the
Government’s cuts to domestic violence services and the
punitive welfare reforms that have been having a
devastating impact on the support available to women when
they are at their most vulnerable. The coalition Government
of 2010 to 2015 made changes to legal aid for domestic
violence that have left 40% of victims unable to provide
the evidence required to receive support. I welcome the
fact that the Government have begun a review of the Legal
Aid, Sentencing and Punishment of Offenders Act 2012. Will
the Minister confirm that the review will include a
targeted review of access to justice for domestic violence
victims? Will she update the House on the changes promised
in February this year that additional types of evidence
would be accepted and that time restrictions would be
scrapped? Have these changes been implemented?
In recent years local authority spending reductions and
local commissioning practices have seen 17% of specialist
refuges in England closed. The funding for domestic
violence services is particularly fragmented and the amount
of local authority funding differs from service to service.
Women’s Aid has found that 10.2% of services responding to
its survey received no funding at all from local
authorities in 2015-16 and that one in four referrals to
refuge services in the same period was declined due to a
lack of capacity. This figure does not even take into
account how many more referrals were not made because the
refuge was already known to be full. What is more, local
authority commissioning criteria often value cost over
quality, leading to larger generic service providers being
able to undercut specialist services, despite their
inability to demonstrate that they have specialist support
available.
A woman’s refuge is not just a place to lay your head at
night. They not only provide a place of physical safety but
help women to access health, counselling services, housing,
benefits and legal advice. They are trusted organisations
with a track record of delivery that generate high levels
of self-referrals. Specialist services, particularly those
serving the BME communities, are unique. Their local
proximity is part of what gives them such value. By relying
solely on local authorities to commission refuge services,
the Government are failing to maintain a strategic approach
to the delivery of domestic violence services across the
country. Will the Minister tell the House what the
Government are doing to monitor specialist domestic
violence refuges and service providers that have closed,
and how they can assure that every woman has access to the
support they need?
Government cuts are hitting not just in one place.
Everywhere we turn we see the withdrawal and rolling back
of services that were put in place under a Labour
Government to protect victims of domestic abuse. If we take
magistrates’ courts, for example, domestic violence cases
used to be heard in magistrates’ courts on one specific
day, with an independent domestic violence adviser
available to support victims and an appropriate, trained
magistrate present. Because of government cuts, these cases
are now heard whenever they can be fitted in, and the
specialist advice and understanding are lost.
The Government’s new funding proposals for supported
housing are also a real threat to refuges. Housing benefit
currently covers about 89% of weekly housing costs. Women’s
Aid says that the local housing allowance cap to housing
benefit would force 67% of refuges to close. Refuges are a
national network of specialist services and the challenge
they face is, again, unique. The Government need to deliver
a separate solution for refuges and they must engage
domestic abuse experts and organisations in the design of
this solution. If they do not, they will deny victims the
support they need and will leave women and children with
nowhere to go.
Much has been said on the level and scope of domestic
violence and abuse. We need to come up with a very good
programme of prevention. That is something we would all
want to see. I know that much has been tried, but I hope
that other programmes of mutual respect can been carried
out, especially with young children and continuing
throughout life. I know that many organisations do valuable
work in this field, but we will need constant vigilance to
get to a world where women and girls do not have to deal
with this form of violence and abuse.
The Conservative manifesto for the 2017 election committed
to,
“support victims of domestic violence to leave abusive
partners, reviewing the funding for refuges”.
Can the Minister therefore give a commitment to sustainable
and long-term funding for these vital services to ensure
that women and children fleeing violence can access the
support that they desperately need? Can she confirm that
the Government’s manifesto commitment means that they will
ensure access to specialist and gender-sensitive support
for survivors and not just to general victims’ services?
I have not yet mentioned the Istanbul convention. I have a
Question on that coming up one day next week, so have not
brought it into the full discussion today. I know that it
is of interest and that some noble Baronesses mentioned it
today. Can the Minister say—if not today then perhaps next
week—when ratification will take place. I think we all
forward to the day when that happens.
3.55 pm
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The Minister of State, Home Office (Baroness Williams of
Trafford) (Con)
My Lords, I thank my noble friend Lady Manzoor for tabling
today’s debate. Its timing sits well with the lead-up to
the domestic abuse Bill. I also commend my noble friend
for being the only
man to have spoken in this debate. We have heard some very
good contributions from all sides of the House, bringing
different aspects to the subject. I pay tribute to those
who have campaigned tirelessly on this issue over the
years.
As we have heard today, domestic abuse covers a range of
harmful and deeply unacceptable behaviours which can
devastate the lives of victims, survivors and those closest
to them. Victims deserve our best support and they deserve
justice. This Government are committed to doing everything
they can to transform our approach to domestic abuse to
ensure that victims have the confidence to come forward and
report their experiences, safe in the knowledge not only
that they will be supported but that their abuser will be
pursued.
Last year, we launched the violence against women and girls
strategy, setting out our ambition that no victim of abuse
is turned away from the support they need—that echoes the
final words of the noble Baroness, Lady Gale. It signalled
a move towards early intervention, a drive to stem
offending and, as is all too often the case, reoffending by
perpetrators.
The strategy is supported by a new National Statement of
Expectations, which is a clear blueprint for good local
commissioning and service provision. It is backed up by new
tools and guidance to help raise all areas of the country
up to the level of the best.
As has been said, it is important to be clear that men and
women can experience domestic abuse and that all victims
must be supported, but it is also important to recognise
the gendered nature of domestic abuse, which is why the
Government have a violence against women and girls
strategy.
Data show that women are much more likely than men to be
the victims of high-risk or severe domestic abuse. This is
clearly demonstrated by a greater number of cases going to
multiagency risk assessment conference, or MARAC, and
accessing an independent domestic violence adviser
service—as referred to by many noble Lords. Those deal with
the most severe cases of domestic abuse. More than 95% of
victims are female and 4% are male.
The noble Baroness, Lady Royall, talked about the funding
mechanism for IDVAs versus the lack of funding for ISACs.
We have moved from national matched funding of individual
roles such as IDVAs to supporting integrated programmes
through the VAWG Service Transformation Fund. The £17
million from that fund announced yesterday—to answer the
question asked by my noble friend Lady Newlove—will help 41
local areas to improve support to victims, and 10 of those
bids include support for victims of stalking. The
Government have also funded via the tampon tax fund other
programmes to support victims of stalking. Those include
the Suzy Lamplugh Trust and Black Country Women’s Aid. The
Suzy Lamplugh Trust has received £200,000 to enable it to
reach an additional 290 women and improve front-line
professionals’ first response to stalking.
My noble friend Lady Newlove asked about the role of IDVAs
in the courts, and I think the noble Baroness, Lady Gale,
talked about the courts seeing cases on the same day and
worried about the more scattered nature of those cases
being heard now. I acknowledge the role of the IDVAs in
supporting victims; in the magistrates’ court, domestic
abuse cases are often listed together to enable the IDVAs
to be able to support victims during the court hearings,
which makes absolute sense. The listing of cases is the
responsibility of the judiciary, although I note the noble
Baroness’s point.
A lot of questions were asked about funding. To support the
Government’s commitment to tackling these crimes, the
strategy was accompanied by increased funding of £80
million until 2020. A question was asked about sustainable
funding going forward. Clearly we cannot make funding
commitments beyond the spending review, but to further
support our efforts to tackle domestic abuse, we pledged a
further £20 million in the spring budget, bringing the
total dedicated funding to £100 million. This will help to
deliver our goal to ensure a secure future for vital
services like refuges and rape support centres while
driving a major change so that victims get the help they
need, when they need it.
In the last year we have provided £3 million for the
Disrespect NoBody teenage relationship abuse campaign. It
is a very important campaign indeed, which is designed to
raise awareness of different types of abusive behaviour and
recognise them while girls— and boys—are younger.
Beyond the £80 million, tackling these crimes will benefit
from a range of government sources. Funding through the
tampon tax, again, for example, has supported innovative
programmes like the joint Women’s Aid and Safelives’ Sooner
the Better early intervention project, and Standing
Together Against Domestic Violence, which supports women
with complex needs.
My noble friend Lady Newlove asked specifically about the
VAWG Service Transformation Fund. I have just gone through
that, but it is excellent that these projects will make
sure that the victims get the right support at the right
time and prevent these terrible crimes.
We know that abused women use healthcare services more than
non-abused women and are more likely to trust health
professionals when disclosing abuse. That is why we are
funding a number of health-based projects, including the
health-led ASSIST program in Birmingham, which will provide
specialist support to victims of domestic abuse who also
have complex additional problems—which is not unusual—such
as drug, alcohol or mental health issues, which mainstream
services are often unable to address, and will focus
specifically on supporting women who are at risk of having
their children taken away.
We are also funding proposals that will work with schools
and young people to help build resilience and develop
positive and healthy behaviours to prevent abuse before it
happens. For example, we are funding a family intervention
project with Portsmouth to upskill children’s social
workers to identify harmful behaviours early, as well as to
support children who have witnessed domestic abuse. We are
also providing funding to 17 programmes, which include
working with perpetrators to change their behaviour.
Perpetrators have been mentioned a lot. This includes
working with teenage boys to provide targeted interventions
at an early stage to prevent worrying behaviours escalating
later into abuse.
To support victims who need a crisis response, we recently
announced that the current round of the £20 million
domestic abuse accommodation fund will support 76 projects,
creating 2,200 new bed spaces in refuges and other
specialist accommodation. This will provide more than
19,000 victims with somewhere safe to live and rebuild
their lives, and will offer further access to education,
employment and life skills training. I am incredibly
pleased to announce that we have committed to legislate to
deliver the Government’s manifesto commitment to ensure
that the victims of domestic abuse who have lifetime
tenancies and flee violence are able automatically to
secure a new lifetime tenancy. This is something we also
touched on in the then housing Bill, which is why I am
doubly pleased about it. We will take this forward at the
earliest possible opportunity.
However, we all know that funding alone will not solve this
problem. The Government are committed to ensuring that
front-line agencies have the tools they need to provide
effective protection to vulnerable victims. We have
introduced a specific offence of domestic abuse which
outlaws patterns of controlling and coercive behaviour to
recognise the fact that domestic abuse reaches far wider
than physical abuse alone. We rolled out the domestic abuse
disclosure scheme, known as Clare’s law, so that the police
may disclose information about previous violent offences
committed by a current or former partner. The police are no
longer left guessing whether people might be at risk.
The noble Baroness, Lady Royall, asked about listing on the
ViSOR scheme. From memory, I know that if someone is both
violent and a sex offender, they will be on that register.
Clearly there are differences in the types of cases, but I
know exactly the point that she is driving at. I will look
into it and come back to her, but my current understanding
is that the register is for violent sex offenders. We will
talk about that some more. We have also brought in domestic
violence protection orders, which can prevent the
perpetrator from returning to a residence and from having
contact with the victim for up to 28 days, giving the
victim a vital breathing space. We have extended the
troubled families programme to 2020 to work with an
additional 400,000 families, including those affected by
domestic abuse. It was obvious that it was quite prevalent
in some of these difficult family situations. We have
worked with the police to improve training and guidance,
and I will say more on police training and so on shortly.
On the subject of stalking, I pay tribute to the noble
Baroness, Lady Royall, for her work with Paladin. As noble
Lords have mentioned, a report by the Inspector of
Constabulary and the Crown Prosecution Service Inspectorate
on the response to stalking and harassment which was
published yesterday has found that the police and the CPS
response is just not good enough. These are quite
devastating crimes which cause great distress to victims.
Noble Lords have described some of that distress and it is
absolutely unacceptable that these victims are being left
to live in fear. We have strengthened the law in this area
and are taking steps to include a new civil stalking
protection order to protect victims at the earliest
possible stage, but clearly there is more to do. The Home
Secretary will be speaking to national police leads about
what action needs to be taken. To that end, the noble
Baronesses, Lady Royall and Lady Brinton, both gave us
several examples of where the systems can dreadfully fail
women, so action needs to be taken.
The noble Baroness, Lady Royall, also asked whether HMRC
and the CPSI stalking harassment report shows that the
police and the CPS are failing to tackle these crimes
effectively and failing victims. We know that these crimes
are devastating, and that is why back in 2012 we
strengthened the law to create specific stalking offences
and to raise the maximum sentence for stalking and
harassment to 10 years—thanks to the noble Baroness—through
the Police and Crime Act 2017. To make sure that victims
get the support they need, the Home Office has provided
£50,000 a year to support the national stalking helpline.
The noble Baronesses, Lady Royall and Lady Hamwee, talked
about the specific issue of training. I am quite horrified
to hear the story of spending 25 minutes in front of a
desktop computer being considered to be sufficient training
for anyone, let alone the police. Since 2012, the College
of Policing’s training package on investigating stalking
effectively has been completed by more than 68,000 police
officers. I hope that was not 25 minutes on a desktop.
Again, I hope the e-learning module on stalking is not of
just 25 minutes—
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It is.
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It does not say that in my notes. If that is the case, I
will go back to the department for more detail on that.
When the noble Baronesses were getting agitated, I thought
I might be hitting on exactly the thing they had
criticised. The Home Secretary will be meeting the national
police lead, Garry Shewan, who used to work for Greater
Manchester Police. I will make sure that this issue gets to
the Home Secretary’s desk and, I hope, to his.
I have a note on the register for perpetrators of stalking.
They will already be captured on the PNC. We need to make
better use of existing databases and improve connectivity
and information-sharing, rather than create new databases.
The noble Baroness does not agree with me so I think we
will have further discussions on that as well.
On sentencing, in response to the question from the noble
Baroness, Lady Manzoor, we should be clear that release
under licensing does not mean that prisoners are let off
lightly. All prisoners are released on licence and if they
breach their licence conditions they may be returned to
custody. The period served on licence is an integral part
of the sentence and necessary for the purposes of safely
reintegrating prisoners back into the community in a
controlled and supervised way, reducing the risk of further
offending. Requiring a proportion of the overall sentence
to be served in custody followed by a period on licence in
the community is not new, since the legislation was
introduced in 1967. Successive Governments have maintained
this approach.
We are seeing some progress in the reporting of these often
hidden crimes. That is on the rise and prosecutions and
convictions are at record levels. However, there are still
2 million victims of domestic abuse every year in England
and Wales. That is 2 million too many living in fear, and
too many families and children devastated by this awful
crime.
I quickly move to the measures in the domestic abuse Bill,
which I think noble Lords will agree is a landmark Bill. I
am also aware that I am at 17 minutes and not even half way
through my notes so I will have to get some letter-writing
done. In response to the question of the noble Baroness,
Lady Manzoor, I confirm that there will be a legal
definition of domestic abuse. What will be in that
definition? The noble Baroness, Lady Brinton, referred to
that. We are consulting widely on the Bill, including
opportunities for noble Lords and others, so that the legal
definition will not only be supported but is robust and has
the correct teeth that it needs.
The recognised harm caused to a child is a really important
area. The children of victims of domestic abuse not only
witness that abuse but can be damaged by it for the rest of
their lives. If abusive behaviour involves a child, we will
make sure that the court can hand down a sentence that
reflects the devastating, lifelong impact that the abuse
will have on that child.
We will establish a domestic abuse commissioner to stand up
for victims and survivors, to raise public awareness and to
hold those agencies to account. I assure both my noble
friend Lady Manzoor and the noble Baroness, Lady Hamwee,
that we will be consulting widely on the scope of the role
and the powers available to the commissioner.
It will be music to the ears of the noble Baroness, Lady
Gale, that we intend to demonstrate our commitment to the
Istanbul Convention by including in the Bill the changes
needed to enable us to ratify it. The noble Baroness, Lady
Brinton, asked whether disabled women were included in the
convention. The convention consists of 81 articles related
to tackling VAWG—violence against women and girls—including
articles to ensure appropriate support for victims,
including those with complex needs, and it recognises the
need to support all victims, including those with
disabilities. This is reflected in the Violence against
Women and Girls—National Statement of Expectations,
published last year, which set out a blueprint for local
areas.
Some very good points were made about older people. If we
think domestic abuse is a hidden harm, it is most certainly
hidden in our population of older people, some of whom may
not even know that they are suffering domestic violence.
I apologise; I have got only half way through my notes and
my 20 minutes are up. I will write to noble Lords. I have
probably missed out aspects of what they asked. Again, I
thank noble Lords for taking part in a debate where I think
we are all coming from the same place and want the same
ends. I thank my noble friend for bringing this debate to
the House.
4.16 pm
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My Lords, I thank all noble Lords who have participated in
this very important debate for their individual, invaluable
and thought-provoking contributions. All noble Lords made
very moving contributions—particularly, for me, the noble
Baronesses, Lady Royall, Lady Brinton and Lady
Newlove—reflecting the importance of what it means for the
victims and the society that we live in.
I thank the Minister for taking the trouble to have a
meeting with me to discuss modern slavery and domestic
violence, and for her response today, which was, as always,
sympathetic and informative. I know that she will have
listened very carefully to your Lordships and I hope that
in her usual accommodating style she will consider how the
issues raised today might be captured in the domestic
violence and abuse Bill which, as we have heard, will come
before your Lordships’ House in the near future.
Across the House we all want the same thing: domestic
violence and abuse must end. It should have no place in our
homes, communities or society. We need to do everything in
our power to eradicate it. As we heard, legislation is a
key component but it is not the only one. There are other
things that we need to do. Again, I thank noble Lords for
taking part. I beg to move.
Motion agreed.
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