Domestic Abuse Bill

Debate between Baroness Chisholm of Owlpen and Baroness Burt of Solihull

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

My Lords, I will speak briefly on Amendment 34. I start from the point of having huge respect for the noble Baroness, Lady Lister; her expertise on this subject far outweighs mine. But I have concerns about what she is trying to do. The amendment puts a duty on the domestic abuse commissioner to investigate and report on universal credit payments. I have concerns about this because surely it is vital that we protect the independence of the domestic abuse commissioner, as we have heard from many noble Lords in discussing earlier amendments. The commissioner must be free to set the priorities she chooses; it must be wrong for her to have to report on universal credit or on any other matter.

On the rest of the amendment, as we know, universal credit is a single-household payment. Where a claimant is part of a couple living in the same household, they need to make a joint claim for universal credit. For many legacy benefits, a payment is already made to one member of the household, so the way universal credit is paid is not a new concept, and evidence shows that the vast majority of couples keep and manage their finances together. So payments into a single bank account fit with how most couples organise their finances. Therefore, I am concerned that departing from that would fundamentally change the structure of universal credit, from a single-household payment made to one individual of the benefit unit to payments split between joint claimants by default.

As we all know, a more proportionate response was the creation of split payments to prevent hardship to the claimant and their family. Anyone in a joint claim, including individuals suffering from domestic abuse, can request a split payment arrangement, and it is my understanding the DWP will support them in putting this arrangement in place.

Surely it is important that we allow the individual experiencing domestic abuse to decide whether they think split payments will help their individual circumstances. No information on why a split payment has been requested or granted will be notified to the claimant’s partner. If someone is experiencing domestic abuse, they can tell their work coach in the way that is easiest for them; it is not a requirement for their partner to be involved. As soon as there is awareness of abuse, individuals are signposted to third-party organisations that can provide expert support and advice.

Of course, access to money for those suffering domestic abuse is vital, but the approach in place ensures victims are supported, while the simplicity of the overall system is maintained for others. Sometimes reinventing the wheel can have unintended consequences. I look forward to what the Minister is going to say on this point to reassure me that all those suffering domestic abuse can manage to get their universal credit when required.

[Baroness Burt of Solihull (LD)]

My Lords, first, I would like to add my thanks to the chorus of praise that is being heaped on the tremendously clear and cogent introduction by the noble Baroness, Lady Lister.

Many noble Lords and parties outside this place—charities, other groups, news media and so on—have expressed great concern that, at a time when victims are at their most vulnerable, they are being failed by our support systems, which were designed to come to their rescue. We need to know what effect government benefits and interventions are achieving.

I support all these amendments and would have added my name to all of them if there had been space. Amendment 34 calls for the commissioner to look at universal credit split payments. It is probably a deeper question than that, as some of the discussion we have had on this has already revealed. It is a knotty, complex problem, and it very much bears investigation by the domestic abuse commissioner to see what can be done to make the whole system fairer. I have been campaigning for split payments by default for some time. Perhaps we need more, but that would be a very good start.

Amendment 150 is a neat solution to a problem of the Government’s own making. Long delays in the payment of benefits when a victim could be destitute and in need of more financial support to replace belongings they have left behind, find somewhere to stay, et cetera, can lead to extra expense just to survive, so to claw back payments made in advance when they would not have been necessary in the first place if they had been paid promptly is surely adding insult to injury. In the grand scale of moneys paid out by the Government recently to help people disadvantaged by circumstances, it is a drop in the proverbial ocean.

Amendment 152, which would disapply the benefit cap for 12 months after a new claim following a new universal credit claim for a victim of domestic abuse makes a lot of sense. It would enable a victim, desperate for accommodation and some security, to not have to worry if there is one bedroom too many for 12 months while they find their feet. I was shocked to learn from the noble Baroness, Lady Lister, that a panic room could constitute an additional bedroom, and I very much look forward to the Minster’s response on this because, if that is the case, it really needs sorting out. Is this too much to ask? Perhaps the Minister will tell us what she believes about this cap.

Finally, Amendment 153 would require the Government to assess the impact of any social security reforms on victims or potential victims of abuse. The Government need to know the effect of government policies. If we do not measure the effectiveness of what we are spending, how can we spend taxpayers’ money most effectively to help our offer to these people, the most vulnerable and in need of help in our society? They are not huge measures in terms of cost, but they will give big relief for those who are already suffering.

Domestic Abuse Bill

Debate between Baroness Chisholm of Owlpen and Baroness Burt of Solihull

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 25th January 2021 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

My Lords, before I had the pleasure of meeting my noble friend Lady Meyer, I had read about the unbelievably distressing time she went through following the alienation of her children by their father. Today she has told us that story in the most moving way. I apologise for the fact that, as she is sitting behind me, she is seeing only my back rather than my front as I make this speech.

I admire my noble friend for all she has done to raise awareness of parental alienation through the setting up of her charity and getting the academic and judicial profession to realise that parental alienation needs to be recognised. Along with her, I want parental alienation recognised, but it must be tackled in law in the right way. Hasty law makes for bad law and will not elevate parental alienation to where we all want it. This important Bill must not become a Christmas tree on which we hang too much, which leads to minimising what it wants to achieve.

I cannot agree with the amendment to this Bill. Clause 1 sets out to define domestic abuse by listing different types of abusive behaviours, and not how they may be manifested. This is important, because to do this could be risky and give more weight to how a particular type of behaviour is displayed, and potentially ignore others. As many noble Lords have mentioned, the introduction of parental alienation into the Bill could have unintended consequences due to the absence of a common definition. Consequently, in a family court, cases of parental alienation could mean whatever the judge wants it to mean.

A child may form their own reasons for resisting contact, and there are cases where a parent, for no justified reason, restricts the other parent’s relationship with the child. These are two very different situations under the parental alienation label, which serves to validate the misuse of parental alienation and to obscure the tactics of perpetrators of domestic abuse.

Parental alienation needs to be looked into in its own right. This is now being done after too many years of misunderstanding, lack of clarity and muddle among the experts. My noble friend Lady Helic mentioned how the Ministry of Justice set up an expert panel and reported in June 2020. The panel made a series of recommendations, which I do not have time to go into here, to reform the child arrangement programme in family law. Leading on from this, the Government published an implementation plan for some of the recommendations. One recommendation said:

“A review of the presumption of parental involvement … is needed urgently in order to address its detrimental effects.”


In November, the Government announced an advisory group to begin this work. I welcome these initiatives and feel strongly that this is the way forward, to make sure that parental alienation gets the recognition it deserves.

I want my noble friend to get all she feels is necessary to have parental alienation recognised in law, but my fear is that adding her amendment to this Bill will have a detrimental effect on the work that is going on, and will minimise the importance of this appalling problem. We must make sure that parental alienation is put into legislation where it can be properly dealt with, and this Bill is not that legislation.

[Baroness Burt of Solihull (LD) [V]]

My Lords, this is such a difficult issue. This afternoon we have heard strong and cogent arguments on both sides. I pay tribute to the noble Baroness, Lady Meyer, for telling her heartrending story.

Parental alienation exists, if by that we mean that the parent with care seeks to alienate the child from the parent without care. One issue is that there is such a wide range of definitions, as mentioned by my noble friend Lady Brinton. I saw it first-hand as an MP when I was involved with an organisation called the Association of Shared Parenting, formed by parents who were struggling to see their children after separation or divorce. It was based on the premise that most children benefit from contact with both parents, surely something with which no noble Lord in this House would disagree. The Association of Shared Parenting still exists, despite changes in family law, which I would have hoped would save it from needing to exist. Clearly, we need qualified professionals to assess what is going on. The bitterness of a break-up and the reluctance of the parent with care to continue the relationship through the child causes some parents to resist allowing contact by weaponising the child or poisoning their mind.

That is why I initially added my name to these amendments, but I have since removed it, because I do not believe that this is what we are talking about today. We are talking about cases in the criminal courts, not of divorce settlements necessarily but of domestic abuse. The problem with this amendment, which it took me some time to get my head around, is that the abused parent could actually be painted as the abuser. As Vera Baird, the Victims’ Commissioner for England and Wales, who has been quoted more than once already today, says:

“It puts victims of domestic abuse into the ridiculous position where, if they raise their abuse in the family courts, however well they have actually behaved, that can trigger unfounded allegations of parental alienation that could result in their children being placed with the abuser.”


She continues:

“This attempt to turn the fact that the perpetrator has terrified their partner into a destructive criticism of that partner is typical coercive controlling behaviour.”


My noble friend Lady Brinton and the noble Baronesses, Lady Helic and Lady Newlove, the former Victims’ Commissioner, are absolutely right. With sympathy to all parents suffering the anguish of break-up, the interests of the child must be paramount. I do not envy the task of the family courts in resolving these cases. We must rely on properly trained experts to decide. On balance, I believe that allowing Amendments 2 and 4 would do more harm than good to victims and dilute the definition of domestic abuse in this Bill.