Victims and Prisoners Bill

Debate between Baroness Hamwee and Baroness Newlove

Committee stage
Wednesday 24th January 2024 Lords Chamber

[Baroness Newlove (Con)]

I have worked with the Foreign Office on this as well, and every time I have gone there, its first point of call is “We don’t have many resources; there’s not much money; we make the money from passports; it is only a small number of families that come through”. If we keep putting it to the Foreign Office, it will keep batting it the other way. Not only are we talking about families dealing with countries with different languages which are trying to get financial gain and who also have jobs to hold down but we have a Foreign Office that really does not do much for them and they feel lost. I appreciate what the is Minister saying, but I think it is about resource. I am not asking for lots of resources, but I want them to work collaboratively to help those families resolve the issues.

[Baroness Hamwee (LD)]

My Lords, I of course understand the point that the Minister is making—procedures in other countries and what is available in other countries by way of support are different—but should that stop us requiring part of the Government, the organisation in this country which has immediate, close responsibility, to take on a role of proper signposting, which may be to equivalent services? Partly, it is interpreting, but it is obvious that there is a lacuna here.

--- Later in debate ---

[Baroness Newlove (Con)]

My Lords, I support all the amendments in this group. I want to say a few words about restorative justice but, before I do, I give my support to the noble Baroness, Lady Gohir, on what she has just said. I am happy to help and assist in whatever way I can.

I acknowledge that this does not apply to all victims, but for some victims, restorative justice can be a transformative tool that can empower victims to move forward. Over the years, I have met many victims who have given me their true thoughts on restorative justice. In my last term as Victims’ Commissioner, I published two reports on restorative justice and was satisfied from my findings that the majority of victims that I spoke to who had participated in it had found it to be a positive experience. However, the ONS crime survey for England and Wales in 2019-20 found that just 5.5% of victims were given the opportunity to meet the offender. Between 2010 and 2020, this percentage has not increased above 8.7%, while 26% said that they would have accepted an offer to meet the offender if it had been made.

Funding for RJ is no longer ring-fenced by the MoJ. Police and crime commissioners make the decisions on how much they spend on RJ from their victims budgets. This has led to a wide variation across England and Wales in the provision of services, as we have heard. In 2023, the Why me? charity published a report showing that the lowest reported spending by a PCC on such services was £6,250, while the highest was £397,412. The type of crime where RJ is available varies, as do the conditions of service provision.

Data collection on the provision of RJ is poor, preventing effective monitoring of what is happening on the ground if national criminal justice agencies are unsure as to what they are required to do. For example, the HMPPS guidance issued last year states:

“When a victim … requests information about restorative justice services, the VLO must provide it within ten working days”.


This is not in line with the victims’ code of practice, which includes the right to receive information about RJ and how to access RJ services. It does not depend on whether the victim has requested it. In short, access to restorative justice has become a postcode lottery.

I hope, therefore, that these amendments and the debates that we have heard across the Chamber will prompt the Minister to give this House reassurance that such concerns about the provision of RJ are, and must be, seriously addressed. Lots of money has been spent, and it would be so sad not to carry on when victims would like to have that option.

[Baroness Hamwee (LD)]

My Lords, I also support the importance of providing for restorative justice. I had a look at the current code of practice to see what it has to say. I was a bit surprised that a paragraph referring to RJ, which is obviously deliberately separated from the right to access support services generally, starts:

“If you report a crime to the police, you have the Right to be referred to a service that supports victims, including Restorative Justice services”.


I do not know whether this is a real point or a non-point, since the offender has to be involved by definition and, by definition, the offender would have been reported to the police, but it seems to me to be inconsistent with Clause 1(5) and the whole ethos of the Bill. I was not clear either whether paragraph 4.5 in the code is dependent on being entitled to receive enhanced rights—ER—for victims who are considered vulnerable or intimidated, the victims of most serious crime or persistently targeted.

The debate is, to an extent, that crime has been defined at different levels: it has been for serious crime, but I argue that it is not only the most serious crimes for which RJ is appropriate. I was glad that the noble and right reverend Lord mentioned reducing reoffending because, looking at the whole picture, that is a very serious and important aspect. My name is to his amendment, and the noble Baroness’s amendments appeared without giving me time to do that.

In this group, I have Amendment 17, to provide for a single point of contact—a “victim care hub” was the term used by the London victims’ commissioner, who was particularly keen that we should address this, as you would expect from her own experience.

On the usual issue of timely and effective communication, there are other amendments dealing with another aspect of this, which is that justice agencies are struggling to deliver victim care with awareness and in compliance with the victims’ code, which the London victims’ commissioner said was at seriously low levels.

In the 2019 review into the code, the Victims’ Commissioner for London recommended a victim hub model. We have had reference this evening to the Lighthouse in Camden, and she also refers to the lighthouse model in Avon and Somerset—a single point of contact to help a victim throughout the process. Such a model would secure more effective compliance with the code, which was discussed by many noble Lords at Second Reading.

In June 2022, the office of the Victims’ Commissioner launched a victims’ survey. The noble Baroness, Lady Newlove, is nodding. This dealt with experiences as a victim of crime, ran for eight weeks and gathered 489 responses from self-selecting individuals. All this bears out what we have been referring to: a lot of dissatisfaction, and a lack of confidence in the system. I understand that less than a third of respondents were aware of the victims’ code. In London, a user satisfaction survey for one quarter in 2022-23 showed only 25% of victims being made aware of the code.

What would a hub do? Such a service would provide a single point of contact, key updates on case progression, information and advice; answer questions; refer on to specialist support—signposting by another name, although perhaps referring is more than just signposting—and ensure and monitor that entitlements under the code are being delivered. This would not replace existing support services but would be a navigator; perhaps that is close to signposting. It would also provide information on what to expect and clarity, and simplify the whole thing.

I am conscious of the time, so I will not go through all the case studies in the briefing, other than to make a few quick references. The commissioner refers to good practice in Quebec, where I understand there is a similar model: the support worker—I do not know if that is the right term—is embedded in police stations and courts, which gives them access to computer systems and, hence, to victim records. I found the case studies quite shocking. I should not have, because from what noble Lords have said, we should all be expecting to hear shocking stories, but that is why we have the Bill. To me, to have a victim care hub seems blindingly obvious.

Police, Crime, Sentencing and Courts Bill

Debate between Baroness Hamwee and Baroness Newlove

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I applaud my noble friend Lady Bertin’s eloquent speech about something so sensitive and dangerous.

During the passage of the Domestic Abuse Bill, we had lots of discussions about stalking. I rise to speak because my name is on Amendment 56. It saddens me that we are still battling in this area, which is so fragile and misunderstood by the agencies that are there to protect. I congratulate my noble friend the Minister, who listens to our speeches all the time and takes them on board, but I reiterate the seriousness of what my colleagues have said. We are talking about human lives. We are not talking about figures or money; we are talking about human lives that are being brutally lost.

This is where we need to gain some perspective on what we are doing in legislation. Legislation is important to legal people, politicians and your Lordships’ House but, on the outside, how does it protect an individual who is being stalked or is losing their life through domestic abuse? Where do we draw the line in saying, “Enough is enough, we’re going to protect you”? As we have heard, Dr Jane Monckton Smith’s report says that stalking sits at point five of eight on the homicide timeline due to the fact that risk to the victim escalates at the point of leaving an abusive relationship. We need to include stalking in my noble friend’s Amendment 55 because that is the only way in which the serious violence reduction duty will guarantee robust prevention work being rolled out consistently across the country. We talk about localism and centralism but, for everybody on the street, that is not language that they understand. This is about their safety and agencies understanding the issue.

In the dictionary, stalking is like a cat chasing a bird. Put simply, that is what is happening to these people. There is a delicate line in proving it when people are traumatised and are being brutalised in their home, in their workplace and wherever they travel. If we cannot get this right in the Bill, we simply are not listening to the figures on the human lives that are being lost every day. As we speak, somebody is being stalked and going through that. I ask my noble friends the Minister and Lady Bertin: please can we look at this? I would love to have this issue included at the end of Amendment 55.

[Baroness Hamwee (LD)]

My Lords, Amendments 57A and 59A have been grouped here. I am always hesitant to follow with a small, perhaps technical, point on important points such as have been made this afternoon.

My amendments are intended to inquire of the Minister the place of online activity in this issue. The clauses that we are looking at are very much place-based—this part of the Bill refers to “area” almost throughout—but what prompts the violence may not be place or area-based. Given the statutory requirements for the assessment of the criteria, my amendments probe whether the role of online activity has a place in that assessment. Grooming and other activities may be generated in one geographical or police force area but directed more widely.

There are examples, obviously, of violence online intended to prompt copying, which this amendment is not specifically directed at. I dare say that the answer to that will be the online harms Bill. But I would like to ask the question, perhaps in another way, of how this legislation is to work together and to be assured that we are not at risk of missing opportunities or leaving gaps.

Domestic Abuse Bill

Debate between Baroness Hamwee and Baroness Newlove

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021 Lords Chamber

[Baroness Newlove (Con) [V]]

My Lords, I support measures to improve the safety of family court proceedings for survivors of domestic abuse and their children so will use my time to speak to Amendments 132 and 135.

Amendment 135 would offer victims of domestic abuse transparency about their right to appeal in the family courts. It would not introduce a new right to appeal; rather, it would make victims aware of the existing rights that they can exercise. As someone who has navigated the justice system, I can attest to how overwhelming and disempowering it can be. Basic information about the most fundamental rights is often not communicated properly. In fact, it is never known until many years later. This is particularly worrying when there are time limits on accessing rights, as is the case with appeals in the family courts, where you have 21 days unless the judge has specified otherwise.

These issues are only deepened when you are without legal representation. Following legal aid reforms in 2013, most private-law children cases now involve at least one litigant in person. Research has shown how the challenges of self-representation are particularly pronounced in cases involving domestic abuse, a fact reflected in the Ministry of Justice’s harm panel report. Indeed, I have heard from many survivors of domestic abuse who have represented themselves in court and have felt that their abuse was dismissed or misunderstood and that the fact-finding procedures, such as practice direction 12J, were not followed. None of them was aware of their right to appeal.

The Court of Appeal has recently heard evidence from four linked cases and will consider the family court’s approach to domestic abuse. During these proceedings, the President of the Family Division, Sir Andrew McFarlane, noted his surprise that systemic issues have been identified with how the courts handle domestic abuse as so few cases are appealed. Many factors will inform a decision to appeal, including financial limitations and emotional strain. However, from the survivors of domestic abuse whom I have spoken to, it appears that one of the biggest factors is the lack of awareness that such an avenue is available to them. The President of the Family Division has been clear that the appeals process is the correct mechanism for examining the courts’ approach to domestic abuse. This amendment would help that to become a reality on the ground.

Amendment 132 would place a duty on courts to share information about proceedings involving the same victim. It is something that we know should happen, but unfortunately it often does not. Again, I point to the Ministry of Justice’s harm panel report and the recurring issue of the family courts not adequately managing risk. The report specifically acknowledged the courts’ failure to identify abuse through repeated court applications. The criminal courts can often offer crucial information that would give family judges a clearer picture of risk in a case—for example, where protective orders, such as restraining orders or non-molestation orders have been granted. The Suzy Lamplugh Trust recently estimated that 38% of its domestic abuse and stalking casework clients who are in the family courts have some form of protective order—a restraining order, non-molestation order or stalking protection order—against the perpetrator. Equipping judges with this information would support them to better identify abusive dynamics and provide some contextual evidence when suspected repeated and vexatious applications are being made.

The second half of the amendment is designed to address these repeat applications. While barring orders technically exist to allow intervention on such behaviour, the reality is that they are rarely used. The Ministry of Justice’s review heard evidence from a specialist organisation which was not aware of any barring orders being made in the child sexual abuse cases it had supported, even when there had been a conviction and the abusive parent had made multiple applications for child arrangement orders or variations. In the Government’s implementation plan, there was a commitment to urgently review the use of barring orders and to consider them for inclusion in this Bill, so I ask my noble friend for an update on this commitment.

[Baroness Hamwee (LD) [V]]

My Lords, I feel slightly embarrassed to be coming in ahead of the noble Baroness, Lady Helic, who has her name to one of these amendments. I look forward to hearing what she has to say.

I think—and I apologise if I have this wrong—that on Monday it was said from the Government Front Bench that refuge addresses were never disclosed. We need to allow for human error and human ingenuity. We have previously touched on how many victims have moved away from their home area in order that their whereabouts will not be discovered but, as we have also heard, abusers can be determined. So much of the issue is about power and control, so it is not difficult to see that an abuser might do everything to track down a victim. The noble Baroness, Lady Bertin, referred to the prevalence of stalking. Knowing that a victim has moved to a refuge must be a red rag to some bulls. The dangers are not only to the victim of that abuser but to other occupants of the refuge. I am aware of situations where others have been endangered, including the children of the occupants, as well of course as the children of the victim and of the abuser, themselves victims. What must a child think when they are uprooted by Mummy, told that they are going somewhere where Daddy cannot get at them, and then Daddy appears? The noble Baroness, Lady Bertin, also referred to the horror stories on which I have been briefed.