Tuesday 29th October 2019
(5 years, 1 month ago)
Public Bill CommitteesRead Hansard Text Amendment Paper: Notices of Amendments as at 7 October 2019 - (8 Oct 2019)
The Chair
I am grateful for your attendance today. I call the Minister to commence questioning.
The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
Q
Zoe Billingham: Considerable changes. We started this journey back in 2014 with our first report. We called it “Everyone’s business”—slightly ironically, because what we found in 2014 when we looked at the police response to domestic abuse was that, in forces, it most certainly was not everyone’s business. A second-rate service was being provided to victims of domestic abuse when you compared it with that provided to victims of other crime. There was a poor understanding of domestic abuse among frontline officers and insufficient leadership to make lots of promises an operational reality. It was a pretty dire situation that we found in 2014.
We made a series of recommendations. We were hugely grateful for the support of the national oversight group, chaired by the then Home Secretary and Ministers, in holding the police’s feet to the fire. We are also very complimentary of the work police forces have done in the intervening five years to make this a real priority—to focus on domestic abuse in the way it ought to be focused on and to ensure that officers are trained and equipped to deal with domestic abuse, that victims are listened to, understood and taken seriously, and that investment has been made in areas of specialisms and protected, despite reductions in police budgets across the board.
We highly regard and highly commend forces for the changes that we have seen in terms of both the attitudes of frontline officers and the leadership displayed across forces. However, there is always a “but” with inspection findings: the “but” is that there are still a number of areas that forces need to improve on.
The Chair
The acoustics in this room are not great. Some Members have indicated that they have difficulty hearing. If witnesses, both present and future, can boom, that would be very helpful.
Victoria Atkins
Q
Ms Billingham, you just mentioned that there are some areas that still require attention. Are you able to summarise those for us?
Zoe Billingham: I can give you a quick rundown of the areas that we identified in our last published report, which was in February 2019.
A better understanding around coercive and controlling behaviour: while frontline officers better understand domestic abuse and what their role is in keeping victims safe and bringing perpetrators to justice, the nuances around coercive control still need to be improved. We recognise that many forces have invested very heavily in training—in particular, face-to-face training, which has been successful. However, there is still further to go.
Issues around identifying risk: how much risk is a victim of domestic abuse at? There is still a lot of variance in how officers identify and classify that risk and inconsistencies in how that is being supervised. In our last report, we expressed real reservations and concerns around the drop-off in pre-charge bail and the protections that that may afford. We are also concerned about the number of occasions on which cases are discontinued on the basis that the victim does not support police action. We would also like to see forces take more action to receive feedback directly from victims of domestic abuse themselves, so they can tailor their services more appropriately to put the victim at the heart of the services provided.
The Chair
The shadow Minister has only just arrived from the Division, so I call Gillian Keegan.
Carolyn Harris
Q
Zoe Billingham: We have no powers of direction. We are an independent inspectorate, so our recommendations are just that. A force could, if it so chose, ignore our recommendations. We find that that happens almost never; when it does, it will be because forces have had to prioritise in different areas. Our power is to come back time and again, to check whether the changes that we recommended have indeed been made, and to report to the public—in a clear way, I hope—whether the improvements we thought necessary have been made and, where they have not, to explain that that has not happened. That will obviously affect the grade that we provide to the force in that particular inspection.
The Parliamentary Under-Secretary of State for Justice (Wendy Morton)
Q
Zoe Billingham: I wish there was a simple answer; if there was, it would have happened and the changes would have been made. There is a whole range of issues, starting from the moment when the police are informed about an incident, that are leading to an attrition.
One concern, which we want to look at in the work we are doing this year and into next year, is how potential offenders are being dealt with and brought to justice, the interface between the Crown Prosecution Service and the police, and in particular the number of referrals being made to the CPS by the police and the advice on charging that the CPS is providing to the police.
We have not done the detailed work on that yet, but the issue is about the interface between the police and the CPS, the decision on whether a charge should be brought on a domestic abuse-related case and whether—as I often hear from the police when I go into forces—the CPS has set the bar to secure a charge impossibly high. Obviously, if we do not secure the charge then we will never secure the conviction. We hear a lot of anecdotal evidence in that regard, but I cannot give you specific, hard and fast evidence.
One thing that we are doing next year, which may help to shed a little bit of light on some of the areas where we lose victims, is whether the issue of bail and release under investigation is leading to a diminution in attendance of those needed in court and an eventual loss of victims who basically give up, because the timeframe is spread out so long across a whole domestic abuse case. We are doing a specific piece of work looking at the effect of release under investigation postal requisitions, so that we can see the real reasons behind the elongation of the time factors and the changes around safeguarding that may flow as a result.
Wendy Morton
Q
Zoe Billingham: Obviously the uplift programme, as it is called across policing, is welcomed, and 20,000 officers will address some or most of the reductions in police officers since 2010. There has been a reduction in police staff and police community support officers during that period as well. The crux of that, in terms of how the police respond to domestic abuse, will be where those officers are deployed.
Of course, a whole lot of work will be done to ensure that frontline preventive policing is enhanced through the uplift programme. Although that is not a specific investment in specialist domestic abuse officers, in our view prevention is much better than cure. Clearly, however, forces will need to look at their uplift—what they are going to receive in terms of additional officers—and see whether the stretch in the system that we have identified can be alleviated by effective and smart deployment in a whole range of roles across police forces. That is really a matter for forces.
The Chair
We are into the last four minutes, so we must have short questions and short answers.
Alex Norris
Q
Zoe Billingham: We welcome the introduction of the commissioner’s role. I have met her briefly. We need to ensure that we, as an independent inspectorate, work closely alongside the commissioner, that we do not duplicate our efforts, and that our learning from inspections is passed to her and vice versa, so that we can continue to set the expectation that is required of police forces. I expect us to work in close concert on that.
Victoria Atkins
Q
Zoe Billingham: I would say that we are independent. As you know, Minister, we make recommendations without fear or favour. We are very happy to make recommendations directed at the Home Office and have often done so in our work around domestic abuse. We expect action to be taken not only by police forces or police and crime commissioners but by Departments. I feel extremely independent in my role. I suspect that that will be reflected in the role of the Domestic Abuse Commissioner as well. The fact that I have a relationship with the Home Office does not undermine my personal statutory independence as an HMI or our organisation’s independence.
The Chair
I am grateful for your evidence today, Ms Billingham. Thank you very much. We will move on to our next witness, Nazir Afzal.
Examination of Witness
Nazir Afzal gave evidence.
The Chair
Welcome to the evidence session this afternoon. For the record, please introduce yourself and state your job title.
Nazir Afzal: I am Nazir Afzal. One of my roles is independent national advisor to the Welsh Government on what they call VAWDASV: Violence against women, domestic abuse and sexual violence. Previously I was chief prosecutor, and I led for 10 years on violence against women and girls for the Crown Prosecution Service.
Victoria Atkins
Q
Nazir Afzal: I met with her yesterday, and I very much welcome her. I think she is sitting behind us right now. Obviously, there are restrictions on what she can do: there are devolved areas for the Welsh Government, and she is not permitted to comment on or analyse those areas. There are reserved areas where she can. We agreed yesterday to collaborate, and I know we will do that from here on in. There are opportunities for the sharing of good practice, and there are opportunities for commissioning joint research and things like that. I have no doubt whatsoever that our relationship will be very fruitful.
Alex Norris
Q
Nazir Afzal: We live in the real world, and it is acknowledged that 84%, or thereabouts, of victims are female. Much of the men-on-men abuse, for example, is men abusing, and the vast majority of perpetrators are male. When you recognise that, it does not mean that you ignore male victims. The Welsh Government have been working closely with organisations that support male victims, and I have no doubt that that will continue. Being one thing does not mean that you have to stop being another. That should not cause any problem for us in England and Wales, because it certainly has not caused any problems in Wales.
Victoria Atkins
I just want to clarify that the latest year for which we have figures on marriage is 2016. Of the around 500,000 people who entered opposite-sex marriages in that year, 179 were aged 16 or 17 years old. I just wanted to clarify that for the record.
The Chair
I am going to bring in Carolyn Harris to ask some questions. If anybody else wishes to speak, please indicate now.
The Chair
Q
Sally Noden: My name is Sally Noden and I am a children’s service manager in Newcastle.
Eleanor Briggs: I am Eleanor Briggs and I am head of policy and research at Action for Children.
Victoria Atkins
Q
Sally Noden: In Newcastle, I oversee a cluster of services, but one of them is called Breaking the Cycle. This is a service that was specifically designed by us several years ago, when we saw a gap in recovery services for children. We work with children between the ages of four and 16 who have experienced domestic abuse, and we offer them one-to-one counselling.
The way the piece of work is done is that we normally meet the non-abusing partner—normally the mum—and we do a session with her, and then we bring the child in. One of the big points of the model—this is why it is a specialist service—is that we name why the children are there. It is named. That is actually a really big issue for a parent who has spent a long time thinking that they are protecting the child. They realise that the child’s behaviour—the traumatic behaviour that they are displaying —is because of the domestic abuse that they have experienced. We need to spend time with the non-abusing partner, getting them to understand their story and what has happened to their child.
We then offer up to 10 sessions with the child, and they are child-led sessions with the counsellor, using a variety of tools that the counsellor is extremely skilled at using: sometimes they use play, sometimes they use games and words, and they do special box work with the young people. We then have a review session with the child and the non-abusing partner and parent. Some of that is very much around looking at their relationship, because children can be really angry. Suddenly they can be angry and confused, and the relationship between the parent and the child can be really broken, so we need to do some work to improve that parent-child relationship and have an understanding on both sides. That is the work that we do up in Newcastle at the moment.
Victoria Atkins
Q
Eleanor Briggs: It is certainly a really complex issue and something that we have thought really hard about and discussed in great detail with other children-sector organisations. Ultimately, we agree with the Government’s decision to go for the 16 age limit. We talked in detail to frontline practitioners, such as Sally and others, and to our safeguarding experts, and the final decision we made was that because abuse of someone under 16 is child abuse, we did not want to muddy the waters. We wanted to keep it absolutely clear that under 16 it is child abuse. Also, the age of consent is 16, so that is another factor to consider.
We do recognise, though, the need for support for children and young people in romantic relationships under 16 where abuse happens, and we warmly welcome the recommendation from the Joint Committee around the need for a Government review to look at those relationships. One thing we would stress is that the experience from when the age limit in the definition was lowered from 18 to 16 showed that adult responses are not necessarily the right ones, so a different model could be needed for 16 and 17-year-olds. We would ask that that review consider 16 and 17-year-olds as well. Sally has extensive experience of what services work for young people and how they need to be different.
Sally Noden: It is great that we are looking at it, but we need to recognise those relationships and we need to look at services through the lens of a young person or teenager. An adult service may not meet those needs. In Newcastle, we have a service called West End Women and Girls Centre, which has peer educators, and those peer educators are young people who have been through abusive relationships and are now trained to be peer educators with other young people. That sort of service is really important.
I have experience of a young person working in a service. I was in a children’s centre and I was running the Freedom programme, which is a social educational programme. This young person was 17 and I suggested that she came on to the programme, but there were women who were much older than her and their experiences were very different to her experience, and she did not feel as valid. I learned from that mistake. She did not feel valid because her relationship was an 18-month relationship and she was listening to women who had been in abusive relationships for 30 years. I did a lot of work with her after that. We absolutely need to recognise that there are abusive relationships, but we need to have the right responses for them.
Carolyn Harris
Q
Sally Noden: We need to have the right services and we need to invest in services for some of our young victims. In Newcastle, we have one of the only specialist services. In the past four months, I have had 59 referrals, but I have one and a half counsellors. In the sense that the resources are not there to do the work, we need to look at some peer education work and work on what healthy relationships are about. We need to look at some early intervention work, but then there need to be those specialist services to help break the cycle. There are a number of fantastic programmes out there, such as the Drug Abuse Resistance Education programme and the Domestic Abuse, Recovering Together programme, but again, from my experience in Newcastle, we had the programme running, the funding stopped, and it has not run again. It might come back again. We need to have the right resources to have the right community responses.
Nic Dakin
Q
Eleanor Briggs: Absolutely. That is why for us this is the part of the Bill that offers us the best chance we have to get those services. People have already talked about how something gets done when you make it statutory. When there is an obligation, it will be provided. We want these services to be a statutory obligation to provide support to children and families and then we will see it funded. As I mentioned, we have seen children’s services, where there is no statutory obligation. Those, as you say, are the low-hanging fruit and the ones that go when there is a problem.
You say we are putting all our eggs in one basket. This is absolutely key for us and the best way that we can see at the moment to secure vital support. We also definitely want to see children in the definition on the face of the Bill. That is really important in getting a response from all services. Zoe has already mentioned that the police are doing much better, which is great to hear, but we know from studies abroad that the police have responded to children much better when children are named as victims in the definition of domestic abuse, so we want to see that here as well.
Wendy Morton
Q
Eleanor Briggs: We really welcome that. We were really pleased to see the Joint Committee recommendation. The Children Act is a fantastic piece of legislation. We are excited its 30th anniversary is coming up next month. It is a great piece of legislation because it has adapted and changed as things have moved forward. As part of that, in 2002, the definition of harm was changed to include impairment suffered from seeing or hearing the ill-treatment of another. That was added in relation to domestic abuse, so that recognition was there. We support the Joint Committee’s recommendation for it to be absolutely clear that coercive control is included. Our research with Stirling University, that I referred to, showed that the local authorities we spoke to felt that social workers still did not recognise coercive control and how dangerous it can be. Research shows that children really do suffer when coercive control is going on in the house. It is also very high risk. There is a high chance of very serious violence related to coercive control, so we support that widening.
We would also like to see the definition change slightly so that it talks about children seeing or hearing—experiencing—the domestic abuse that goes on. This point was powerfully made when we went to see one of our services. We did not prompt them or say anything when we did our initial research, but one of the service managers said: “Children don’t witness domestic abuse, they experience it.” She was absolutely passionate about that. They are not sitting there as some kind of secondary part of it; they absolutely are experiencing that. The Bill provides an opportunity to get that into the Children’s Act and to link it to the definition in the Bill. I am not concerned about it limiting, because from my understanding it was introduced in 2002 to be around getting domestic abuse in there. To get that right and to make sure it is up to date with the Domestic Abuse Bill, now feels like a real opportunity.
The Chair
Three more Members wish to speak and we have just under 10 minutes, so questions and answers need to be relatively quick.
Victoria Atkins
Welcome. We are very interested to understand the impact that domestic abuse can have on older people. Ms McCarron, could you help us understand what action you would like to see the Domestic Abuse Commissioner take around older victims of domestic abuse?
Emily McCarron: Certainly. When we are talking about older people and domestic abuse, those circumstances are often very much overlooked. We want older people who experience domestic abuse to start getting the support that they need. With this Bill, there is an opportunity to remedy that.
The first thing of crucial importance is that we do not know much about how much older people are experiencing domestic abuse. We know that about 140,000 older women and 74,000 older men experienced domestic abuse in the past year—therefore more than 200,000 older people. We know also that they face many barriers to reporting this abuse, so that figure is likely to be much higher. Of particular importance is the fact that data collection on the incidence of domestic abuse stops at 74. We would like that to be changed and fixed on the face of the Bill, so that data on domestic abuse is collected for all ages, not just under the age of 74.
Victoria Atkins
Thank you. Ms Todd, will you explain what Respect does as an organisation, and then help us with the Drive project? I will then ask you about the lessons that can be learned from that programme in relation to the positive requirements in the domestic abuse protection orders.
Jo Todd: Respect is a membership organisation. We focus on perpetrators of domestic abuse, male victims and young people, particularly those that use violence, abuse and controlling behaviour in their family home and in their intimate relationships.
The Drive partnership started off as a project between three organisations: SafeLives, Social Finance and Respect. It was to develop a service delivery model for perpetrators causing high levels of harm. That partnership came together about five years ago, and we have worked on developing that service delivery model. It is now just about to publish the third year evaluation report: the University of Bristol has been our evaluator all the way through. That has shown really positive findings. They are not quite out yet, but they are all in the right direction.
Part way through that partnership, we began to have conversations about the strategic needs around perpetrators: not just looking at one part of the perpetrator cohort— the perpetrators causing the highest levels of harm—but actually looking at what is needed by the whole cohort, and what a good whole-system approach would look like. We have reached out to others in the sector and developed what we have called a call to action for a perpetrator strategy. I can go into that in more detail if you like, and can certainly submit it as written evidence. We have a draft of that, and more than 60 organisations have signed up to it.
It looks at the comprehensive strategic approach that we think is needed for perpetrators. The spotlight has been on victims for too long: keeping themselves safe, keeping their children safe, keeping each other safe. Perpetrators have been very invisible, or if they have been visible the approach to them has not always worked. We need an approach that stops domestic abuse happening. That can work in different ways. You can have behaviour change programmes. I have worked on behaviour change programmes with perpetrators. There are men out there who want to change, who recognise the harm they are causing, and are motivated to change. They may be the ones that Sarah Newton was mentioning, who have grown up around domestic abuse. It is all around them in their community, and they do it without even considering that there are other ways of having relationships.
We need to offer those people opportunities to change, but we also need to be clear that we hold them to account when those opportunities are there and are not being taken by them, and that we have robust measures in place through the criminal justice system and also through a multi-agency approach that will stop their abuse, and limit them from being able to be abusive and controlling in their relationships through a series of actions that different agencies can take. We call it disruption. It can be housing, or it can be a police-led response. Lots of children’s services are included. There are lots of different ways in which agencies can disrupt perpetrators and stop them causing harm.
Victoria Atkins
Q
Jo Todd: That is a really good point. When you work with perpetrators, it should always be alongside a programme of work that keeps victims safe too. That is the approach taken by the Drive project. The victim will always be offered support but also information about the perpetrator, about whether or not he is changing and about what the risk levels are, to help her make decisions for herself.
The Drive project is a case management-based system. There are case managers who will have perpetrators on their books, who are all levels. Some of them might be in and out of the criminal justice system; some of them may be in prison and coming out. They work very closely with the probation and prison services, as well as the police. They are often resistant to change. They are not in the place I was just speaking about, where they have recognised their behaviour is a problem and they want to change. They often have multiple needs themselves. Sometimes that is trauma in their own lives; sometimes it is drug and alcohol problems and mental health problems. They are often, but not always—this is always often, but not always—unemployed or have housing problems or chaotic lifestyles that mean that engaging in any kind of intervention might be difficult.
The caseworker will take a view on whether it is appropriate to engage directly with that person, or whether to work behind the scenes in a co-ordinated multi-agency way to start tightening the net around them and to start making sure that every agency is aware of the problems they cause and the risk of harm there is and can take appropriate action. Someone mentioned earlier the carrot and the stick. It is very much that. It is, “We will work with you if you work with us, but if you won’t, we will use everything we can to stop you being able to be abusive.”
Victoria Atkins
Q
Jo Todd: It is true of any intervention around domestic abuse that it has the possibility to solve the problem and be safe and effective as an intervention, or to make things worse. Whenever we are looking at developing new things, and DAPOs and the positive order requirements are one of those, we need to really think about how this might raise the risk, as well as how it might reduce it. There are concerns—about not putting enough resource in and not being specific enough about what the positive order requirements are—that mean it could go in the wrong direction. We are hoping to work with you and possibly put amendments in to make sure that that does not happen.
With certain things, such as the specified responsible person who recommends to the courts what should be included in the DAPO and then is responsible for monitoring that requirement, there is not at the moment the same level of specification about whose that role should be. The Government may already have plans and thoughts around who would fill that role: whether it be probation or police, I am not sure. However, at the moment, that is not clear. It is really important that that role is of high quality, is an expert, is able to assess suitability and risk for various different interventions, and is then able to manage that risk. That is an important part of it.
Quality assurance is key, and you know that Respect has a set of standards for perpetrator work. When new interventions come up, we have to flex those standards and think about what is appropriate for the new types of work. It is really important that there is quality assurance around the DAPOs and the role. That means really thinking hard about what those positive requirements might be. Is it a range of requirements? What I would like to see, and what we have advised the Home Office on already, is not just having a one-size-fits-all short intervention, which I think is the risk, but having at your disposal the kind of things we have talked about already that Drive has got. You could just say, “You can go on this behaviour change programme for six weeks,” or something like that, but if someone is not suitable for a behaviour change programme because they are resistant to change and their lifestyle is chaotic, there is no point putting them on one. They will sabotage the whole process for everyone who wants to be on it. In that case, the disrupt and the case management element of Drive would be suitable.
I would like the DAPO to have the flexibility to be able to say, “You are suitable for this and this, but not this, this and this.” Obviously, it all takes resource to be able to do those assessments. I am plugging the call to action and strategy on perpetrators, but if the Government were able to comprehensively write a strategy on perpetrators, it would cover all those things, ensure a range of activities and have to be in every geographical area, and that is a real challenge; that is really resource-intensive, but I think you would see results.
We know the costs of domestic abuse are astronomical—I am sure everyone in this room knows the £66 billion a year figure that the Home Office published earlier in the year. I do not think the public realise that £66 million is frittered away on the social and economic impacts of domestic abuse. If we were to use some of that money in a proactive and strategic way to address the cause of the problem—the perpetrator—we would start to get somewhere.
Carolyn Harris
Q
Jo Todd: Some of it—some of the things I have mentioned—goes alongside the legislation. Domestic abuse legislation is focused on responding to abuse that has already happened, which of course is really important, but we need to prevent it from happening or stop it happening again if it has already started. That is hard to put into legislation. Some things have been suggested, such as polygraph testing—that is in the Bill at the moment.
I think you could spend your money a lot more wisely than on polygraph testing, and really think about GPS tracking. It has been piloted around the world, but in Spain in particular, and has been very successful. In case you do not know, because technology has moved on so much and we are all running to keep up with it, the tags that people on probation can have when they are released into the community can restrict them from going into wide geographical areas. You can put protections around victims, such as a 10-mile radius, or saying that he is not allowed in a certain town or cannot go where the school, the hospital or her mum’s house is, and all the travel in between those places. You can programme those tags. I would like money to be put into those kinds of things. If probation took forward technological advances, that would be really interesting to pilot, rather than polygraph testing. I didn’t know if anyone would ask me about that, so I thought I would get it in.
I keep coming back to quality assurance, but if I was putting anything into the Bill, it would be around the standards for work with perpetrators and the commissioning guidance around that. At the moment, commissioners are sometimes flailing. They want to do the right thing, but they have limited budgets. It is great when commissioners take notice of our standards—quite a lot do—but they are not compelled to, so some do not. Standards that are looking at safe and effective practice need more money than quick, cheap options.
I would look at putting an amendment in the Bill on quality assurance in perpetrator work. I have had a conversation today with the Domestic Abuse Commissioner on how that might fit with her role and with her oversight. There is still a bit of thinking to do about that, so I would be happy to take that forward with the Home Office, although we have all been watching the news today and are not sure where we will be in a few weeks’ time, but the positive thing is that everyone—in this room, it is a cross-party group—wants to take this Bill forward. Whoever ends up in government, and whatever form of Government we end up with, I am hoping will take forward the Bill. Again, that is something that the sector would appreciate some reassurance on. We will all be knocking on the doors of the people writing the manifestos really soon, to get some of the things that we want from the Bill into manifestos. You will be expecting us, I am sure. Does that answer your question?