Domestic Abuse Bill

Baroness Campbell of Surbiton Excerpts

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

Moved by

[Baroness Campbell of Surbiton]

4: Clause 2, page 2, line 29, at end insert—
“( ) A is a carer for B who is a disabled person.”Member’s explanatory statement
This amendment and the amendments at page 2, lines 34 and 37, in the name of Baroness Campbell of Surbiton, would bring the relationship between a disabled person and their carer within the definition of “personally connected”.

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, in moving Amendment 4 to Clause 2 I will also speak to my Amendments 5 and 6. These amendments would bring the abuse of disabled people by carers within the scope of domestic abuse under Clause 2. I should mention that I have also tabled Amendments 46 and 47, which would make identical changes in relation to controlling or coercive behaviour under Section 76 of the Serious Crime Act 2015. They will be discussed on another day.

I thank the Minister, the noble Baroness, Lady Williams, and her officials for our recent meeting, which was very helpful in clarifying our mutual concerns, which I will refer to in a moment. Sadly, I have heard nothing further since, so I assume that the Government are not yet convinced that the Bill should include disabled people and carers. I hope that, after hearing today’s contributions, the noble Lord the Minister will commit to return at Third Reading with an alternative clear offer, otherwise I am afraid that I will have no other option than to divide the House.

Amendment 4 has cross-party support. I am grateful to all co-signatories for their advice and backing on this issue, and to many other Members across the House who also wished to be co-signatories. Since Committee I have given the issue a lot of attention, consulting, among others, organisations dealing with disabled victims of domestic abuse. I also sought a legal opinion from lawyers specialising in social care and disability discrimination.

The vast majority of carers are caring, compassionate and utterly loyal. We owe our lives to them—I know I do—but in a small number of cases this is not so. Domestic abuse is not limited to family members or sexual partners. That is what we used to understand by the term; today, we know better. Disabled people of any age can be abused by those on whose care they rely. These relationships often involve an imbalance of power and are just as susceptible to abuse as those between family members or partners. Disabled people may be wholly dependent on another to live an independent and active life, 24 hours a day. That dependency and the trust that it requires makes them an easy target to exploit or abuse.

The Joint Committee on the draft Bill recognised that abuse by carers “mirrors” abuse

“seen in the other relationships covered by this Bill”,

and, importantly, occurs in a domestic setting. It recommended amending Clause 2 to include all disabled people and their carers, paid or unpaid.

Some of our closest and most intimate personal relationships are with those who care for us. Many carers see us naked in the shower, have access to our bank accounts and observe us at our weakest, physically, mentally or emotionally. This can make us feel very vulnerable. They are often privy to things that we do not share even with our family or partners.

I speak from 30 years of personal experience, but not only from that: I am also as a former CEO of the National Centre for Independent Living, working with thousands of disabled people who managed their carers, often termed personal assistants. I remember one haunting example of abuse of a severely disabled man without speech who came to me. He had a communication board that was regularly removed from reach so that his carer was not interrupted. He was too afraid to complain because, as he put it, of the “likely consequences”. Evidence from Stay Safe East and other organisations clearly demonstrates that such abuse continues today.

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In conclusion, while I acknowledge the spirit in which these amendments are intended, I hope that noble Lords will accept the importance of retaining domestic abuse as an internationally recognised distinct form of abuse. As I have indicated, were the amendments to be added to the Bill, they could significantly set back our work on implementing it. It is right that, where a disabled person is abused by a carer who is not an intimate partner or family member, this is called out and that there are remedies available. I hope that I have been able to reassure the House that such remedies and protections exist. I very much hope that I have been able to persuade the noble Baroness, Lady Campbell, to withdraw her amendment. If she does divide the House I would ask noble Lords to consider carefully, before voting, the ramifications of these amendments for the Bill, for its implementation and for our shared endeavour to tackle the scourge of domestic abuse as it is commonly recognised in the Istanbul convention and elsewhere.

[Baroness Campbell of Surbiton (CB) [V]]

My Lords, first, I thank the Minister for her reply, although I am deeply disappointed. I thank all noble Lords for their support and their powerful application of the issues I tried to address in my contribution, which explained the aims of this amendment. I have been on a long journey of learning and studying since Committee. I have talked to lawyers, disabled people and many Members across the House.

Support for disabled people in the UK has rightly evolved over the years from a “carer knows best” approach to supporting individuals to take control of their lives in the community. This means that some disabled people now feel more able to speak out about some of the horrendous abuses they have suffered at the hands of their carers within the domestic home. This was ably put by the noble Baroness, Lady Brinton, the noble Lord, Lord Shinkwin, and others. It is not comfortable to acknowledge, as the noble Baroness, Lady Altmann, acknowledges. It is not comfortable to think about the domestic abuse of disabled people within the intimate setting of the home—but it takes place. Acknowledge it we must, and we must develop a solid way to address it.

The Bill is perfectly placed to acknowledge this kind of domestic abuse. It is a landmark Bill that would not put disabled people in the ghetto of social care. I am glad the noble Lord, Lord Randall, now understands more about why I pressed for the inclusion of disabled people and carers in the Bill, and I am glad he has changed his mind somewhat. I had wished the same from the Government today, but the reply indicates to me that they simply do not understand the nature of domestic abuse experienced by disabled people, which fits classically within the definition of this Bill.

I do not want to rehearse my replies to the Government, because that would take up too much valuable time, but, in answer to the accusation that the amendment would dilute the focus of the Bill and the work of the commissioner, I will say that that argument is very spurious. It will not dilute this Bill; it will strengthen it, because it will include those who are, at this moment in time, being domestically abused because they rely on another human being for their care. We rely totally on carers, as we would on a mother, a father or a partner.

So I do feel I need to test the opinion of the House, because I do not agree with the excuses given tonight. The answers I have given throughout my amendment speech, and the other speeches this evening, show why it is perfectly adequate and practical to have this included in the Bill. It would not dilute the focus or understanding of the Bill: no, it would enrich them. So I would like to test the opinion of the House.

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Moved by

[Baroness Campbell of Surbiton]

5: Clause 2, page 2, line 34, at end insert—
““carer” means an adult who provides care, whether paid or unpaid;” Member’s explanatory statement
See the explanatory statement for the amendment at page 2, line 29 in the name of Baroness Campbell of Surbiton.