Domestic Abuse Bill

Baroness Campbell of Surbiton Excerpts

Wednesday 21st April 2021 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the House will recall that these amendments sought to bring all carers within the definition of domestic abuse that applies for the purposes of the Bill. This would include carers who are unpaid, such as neighbours and friends, as well as paid-for carers and people in a position of trust who care for disabled people. The noble Baronesses, Lady Campbell of Surbiton and Lady Grey-Thompson, and others were right to bring the issue of carer abuse to the attention of the House, and I was most grateful to have a discussion with both of them this morning. I just hope that, this afternoon, the tech of the noble Baroness, Lady Campbell, works so that we all have the benefit of her quite considerable expertise.

I fully accept that disabled people who are abused by a paid or volunteer carer are just as in need of effective protection and support as someone who is abused by an intimate partner or family member. We remain firmly of the view that the focus of the Bill should continue to be on domestic abuse as the term is internationally recognised in the Istanbul convention and elsewhere. The elected House has agreed that we need to maintain this focus and disagreed with Amendment 1 by a substantial majority of 139.

None the less, the Government have reflected carefully on the earlier debates in this House, and we want to ensure that the justice system and social care sector deal with carer abuse effectively, while preserving the definition of domestic abuse in the Bill as originally introduced. The Government are therefore committing to a review of the protections and support available to victims of carer abuse. The review will access existing criminal laws, safeguarding legislation, regulation by the Care Quality Commission, the protections available for non-regulated care and the support available for victims of carer abuse, including local authority and voluntary sector support. We would aim to complete the review within 12 months.

Of course, there will be an opportunity—we discussed this this morning—for organisations representing disabled people and others to engage in the review, and naturally we will want to discuss the details of the review with the noble Baroness, Lady Campbell. I will confirm something that I said this morning: we will not just do a series of round tables. I agree with her that data is absolutely key to underpinning some of the work that might need to go forward. The review’s intention is to address the concerns raised regarding the adequacy or otherwise of the current protections and the support for victims of carer abuse. I hope that, with the discussion that we had this morning and the undertakings this afternoon, the noble Baroness and indeed the House will be content to support the Motion and not insist on the amendments.

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

My Lords, I will speak to Lords Amendments 1, 2 and 3 and Motion A, moved by the Minister. As I have stated, I will not oppose the Motion.

First, I thank the Minister for our helpful meeting today; despite the technological challenges, we had a very good exchange. At that meeting, I explained why I have decided not to pursue further attempts to incorporate carer abuse of disabled people in the Bill. Although I think we all agree that the abuse of disabled people frequently takes place within a domestic setting, it has become clear that the Bill is confined to abuse by an intimate partner or family member. There is no appetite to widen its scope at this stage.

In addition, this long-awaited Bill, with its multi- functional role, will demand a great deal of resources to change the domestic abuse culture. I would not wish to hold up the task of addressing the horrendous domestic abuse experienced by thousands of adults and children every day—no way.

I am currently confident—especially after our conversation this morning—that the Government have taken on board the deep concerns expressed across this House at the exclusion of disabled people from the Bill. I believe that they are committed to finding alternative means to address carer abuse, as the current protections are clearly inadequate.

I was therefore very pleased that, in the consideration of Lords Amendments in another place, the Minister, Victoria Atkins, announced in response to my amendments that

“the Government abhor all abuse, and we have every sympathy for the spirit of these amendments”

in the name of the noble Baroness, Lady Campbell.

“Abuse of disabled people by their carers must be called out and acted upon ... we have listened carefully to the experiences and concerns raised in this House and the other place ... That is why the Government intend to carry out a review of the protections for people at risk of carer abuse. We will engage with ... the disabled sector on the scope of the review, but it would broadly seek to examine the protections offered against carer abuse and the support available to victims. We have listened and we will act.”—[Official Report, Commons, 15/4/21; col. 519.]


I should be grateful if all sides of the House would strongly support and engage with this review. I hope it will not keep anything off the table, including further legislative protections if necessary. I hope that the review will commence as soon as possible. Of course, I shall be chasing it and look forward to working with the Government and especially with disabled people’s organisations.

Carer abuse—as evidenced throughout the pandemic and during earlier debates and pre-legislative scrutiny—must not continue unchecked. Disabled people deserve to have equivalent protection—no less.