Domestic Abuse Bill

Baroness Helic Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Tuesday 5th January 2021 Lords Chamber

[Baroness Helic (Con) [V]]

My Lords, I am grateful to follow in the footsteps of Members from all sides here and in the other place who have worked steadily to bring this Bill to its final stages. I pay particular tribute to the former Prime Minister Theresa May, whose Government introduced this once-in-a-generation opportunity to bring the crime of domestic violence out from behind the walls of the home into the light of day and before our country’s law. Above all, I am conscious of all the survivors and their courage and strength, and of the many organisations that support them. I particularly want to mention Southall Black Sisters.

I come to this issue from my work on preventing sexual violence in conflict. That taught me what happens to women in war, but nothing prepared me for the horror of what happens, predominantly to women, in conditions of peace. It happens to women of all backgrounds and social status, women who appear strong yet at home are victims of this private crime. I expect that each and every one of us knows at least one victim and maybe their perpetrator too.

I also speak as someone who has had the sad honour of meeting migrant women who are victims of domestic violence. They face additional barriers to safety because abusers commonly use their fears of immigration enforcement and separation from their children to control them. In the words of one victim: “Without money, a job, a place to live or anyone, and on top of that with immigration problems, I had nowhere to go. I had to stay with him and let him do what he wanted.” I believe that three measures will make a real difference to these women: extending existing safety net provisions to all victims of domestic violence; guaranteeing safe reporting mechanisms; and ensuring that all survivors receive equally effective protection and support, regardless of their background or status. I hope that the Bill will address all these measures.

Victims of domestic violence include both women and men, but it is often children who suffer the most. Their lives may be marked by violence, abuse or psychological trauma, altering their normal development. We often talk about the best interests of the child, yet children are often voiceless, their rights neglected and wishes not respected. In particular, children can find themselves the victims of the concept of so-called parental alienation, which is sadly often used to cover up, deflect from or counter allegations of domestic abuse, forcing reunification rather than addressing violence and trauma and protecting the best interests of the child—very often with tragic consequences.

This concept, conceived in the United States, has crept into the UK family courts, where parental alienation is invoked as a stock response in cases involving allegations of domestic abuse. Shockingly, claims of parental alienation appear to be given more weight than allegations of abuse, as they are often backed by supposedly expert testimony and evidence, leading judges to make unsafe decisions around child contact and residence. As a result, current practices around parental alienations are exposing domestic abuse survivors and their children to even more harm, while entirely erasing the voice of the child. The Bill does not currently recognise parental alienation as a form of abuse, yet there are two references in the accompanying statutory guidance which should concern us all. Such references open a back door to the very harm that the Bill is designed to prevent. We should scrutinise the Bill extremely carefully to ensure that we do not let this happen.

That some women and children in our country are violently treated and not allowed free and equal lives reflects as much the failure of our collective willingness to confront the problem of domestic violence as the failure of our country’s law. This is a very good Bill, as many of your Lordships have noted already, but it could be excellent. I hope that in the weeks to come we can put some of this right.

Domestic Abuse Bill

Baroness Helic Excerpts

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

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

Lady Watkins, we have lost you—we can see you, but we cannot hear you. I think we will carry on and hopefully come back to the noble Baroness later, if she will forgive us. I now call the noble Baroness, Lady Helic.

[Baroness Helic (Con) [V]]

I thank my noble friend Lady Meyer for her moving and courageous contribution based on her personal experience. However, I am unable to support Amendments 2 and 4.

I wish to focus my remarks on the deliberate misuse of allegations of parental alienation as a tactic to minimise or cover up serious allegations of domestic violence and abuse; in other words, allegations which direct attention away from an abusive parent onto a protective parent. We must guard against them becoming a loophole, or a get-out-of-jail card, in our law, in a way which makes it even harder for victims of domestic abuse—whether male or female, young or old—to receive protection, medical and emotional care, and justice.

The concept at the heart of the amendments put forward by my noble friend emerged in the United States during the 1970s. The core idea was that, if a child appeared afraid of one of their parents, or did not want to spend time with them, this was the result of pathology, rather than a possible reaction to that parent’s behaviour. This theory was developed in the 1980s by psychiatrist Richard Gardner, who came up with the term “parental alienation syndrome”. Gardner believed that almost all children in custody litigation suffered from this supposed syndrome. To treat it, he recommended de-programming therapy, which denied maternal contact in order to change a child’s belief that they had been abused. To be clear, he thought that children should be forced to live with a parent whom they said abused them.

While the term “parental alienation syndrome” has fallen from fashion, theories of parental alienation, alienation, and children who resist or refuse contact are all grounded in the same ideas. And just like parental alienation syndrome, these new terms are based on weak evidence, founded mainly on clinical observation rather than empirical academic studies. The World Health Organization has also dropped the concept from its index and classification altogether.

While there is very little evidence for parental alienation, there are clear studies which demonstrate the gendered assumptions and myths underlying it. A recent American study published a few months ago found not only that 82% of the alienation claims analysed were brought by fathers but that fathers were more than twice as likely than mothers to win their cases when claiming alienation, and that fathers’ claims of alienation were far more likely to result in a change of residency than mothers’ claims. Parental alienation is not just bad science; it is bad science biased against women.

Despite this, the idea of parental alienation persists in public discussion and has gained traction in some parts of the family justice system, particularly regarding parental alienation experts being instructed in cases. But these so-called experts, who often have very limited credentials, are still referring to Gardner’s discredited theories and recommending transfers of residence from mothers to fathers. This has the potential to cause real harm. The Cafcass Cymru review noted that

“the label parental alienation syndrome (PAS) has been likened to a ‘nuclear weapon’ that can be exploited within the adversarial legal system in the battle for child residence”.

Yet these damaging ideas are now being proposed for inclusion within the statutory definition in the Bill.

The Bill is meant to tackle domestic violence, but as that quote warned, perpetrators of domestic abuse use this discredited theory to undermine non-abusive parents. This tactic has been highlighted by specialist domestic abuse organisations for more than a decade. There is clear research highlighting the links between domestic abuse and parental alienation allegations. A Canadian study looking at cases involving parental alienation accusations found that 42% also featured allegations of domestic or child abuse. In almost four-fifths of these cases, the parental alienation allegation was made by the alleged perpetrator of domestic or child abuse against the non-abusive parent.

Domestic abuse experts are clear about what is happening. Parental alienation is being used as a stock response to any allegation of domestic abuse. In contrast to the weak evidence base for parental alienation, the pattern of it being used like this by perpetrators is found in research from across the world, including the United States, Spain, Italy, Australia and New Zealand. It is also seen here in the United Kingdom. Survivors who directly contacted me have described this happening, and their experiences are echoed in the reports of organisations such as Women’s Aid, front-line services, and survivor campaigners. Dr Adrienne Barnett, a leading expert from Brunel University, has studied child contact cases in England and Wales, and found that 50% of the cases she looked at which involved allegations of parental alienation also involved domestic abuse allegations. Yet researchers and survivors tell us that if children are alienated, this is almost always interpreted by the courts as evidence of manipulation and parental alienation, and never as the alternative: that the parent has been abusive and alienated the child through their own actions.

These findings are confirmed by the Ministry of Justice’s expert panel review, which reported in June 2020. It warned that the pro-contact culture of the courts makes them receptive to accusations of parental alienation whenever concerns over child safety are raised. Alarmingly, parental alienation is then taken more seriously than allegations of domestic abuse. The expert panel made a number of recommendations which are in the process of being considered and implemented, but it is safe to say that this amendment would have a negative impact on this work.

Above all, we must not overlook the impact on children. On the basis of discredited science, children are being forced to live with abusers. Indeed, the theory and practice of parental alienation run counter to many of the advances that have been made in recent years, and in this Bill, when it comes to children and abuse. We increasingly recognise the importance of the voice of the child, and that children are victims of domestic abuse in their own right, and not just as bystanders. Yet the concept of parental alienation strips them of all agency and denies that they can really be suffering harm as a result of abuse—that suffering must be something dreamed up by their mother; an idea with which they have been brainwashed.

Nobody denies that there may be cases where abuse is falsely alleged, or where parents try to control their children’s affections. But it is already the job—the daily bread and butter—of the courts to determine whether allegations are true or not. In so far as there is genuinely abusive behaviour covered under the vague label of parental alienation, it would be covered by the much tighter and better evidenced concept of coercive control. Introducing parental alienation into the mix does not safeguard against abuse or protect against some heinous crime; it allows an allegation of a discredited concept to have equal or even greater weight than an allegation of domestic abuse, which we know is associated with significant harm to children.

The definition of domestic abuse in this Bill will be critical for improving responses for survivors and children experiencing domestic abuse. It is vital that it does not include concepts without a robust basis in evidence. There is no convincing evidence for theories of parental alienation. There is evidence, however, that they are used to counter domestic abuse allegations and that they risk causing great harm to survivors of domestic abuse, including children. I hope that my noble friend will consider withdrawing her amendment.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

My Lords, I think we may have the noble Baroness, Lady Watkins, back again. Perhaps she would like to continue with what she was saying.

Domestic Abuse Bill

Baroness Helic Excerpts

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

“a reminder of good judgecraft.”

[Baroness Helic (Con) [V]]

My Lords, I intend to focus mainly on Amendment 133, which is in my name. Like the other amendments in this group, which I support, it is trying to make sure that the courts protect survivors of domestic abuse from further harm. I thank the noble Lord, Lord Ponsonby, for his support on this amendment and for his leadership on the others, and I take this opportunity to thank the noble Baroness, Lady Hamwee, the noble Lord, Lord Rosser, and my noble friends Lady Newlove and Lady Bertin for their contributions. I have learned a lot from them.

I approach this debate humbly. I am not a legal expert and I have not had what is called “a lived experience”. My intervention is informed by many cases I have come across, in particular the case of a close friend whose experience at the hands of a judge and experts lacking domestic violence training has been traumatic, painful and unjust. I also want to put on the record the work of the London Victims’ Commissioner’s office and Women's Aid, from whom I have learned an enormous amount.

The Ministry of Justice review into the risk of harm in family court cases involving domestic violence, which concluded in June last year, found serious systemic issues. Despite good intentions, domestic abuse allegations are being overlooked, misunderstood and dismissed. Survivors and their children are being put at risk as a result, something which I have heard about directly from survivors. To quote one survivor who spoke to Women’s Aid and Queen Mary University of London:

“All professional witnesses supported me but despite overwhelming evidence, the judge said that I didn’t fit the profile of domestic violence victims as I wasn’t scared enough. Also I was too educated and knowledgeable to allow DV to happen to me.”


This runs against everything we know about domestic abuse and the damage it does.

I am afraid that underpinning this is a lack of judicial understanding. This is not a criticism of individual judges; they face tremendous challenges, given the complexity of domestic abuse cases and the way that society’s awareness and understanding of domestic abuse has improved in recent years. But, unfortunately, the family courts’ approach to domestic abuse remains much the same as 20 years ago, and the system is stacked against the survivor because of both the pro-contact culture of the courts and the intersecting structural disadvantages women experiencing domestic abuse face within then.

If we want to change the practice and culture of the courts so that they truly put the best interests of the child at heart, they need to work at the cutting edge of our understanding of domestic abuse and its harms, not years behind, and, for that, specialist training is absolutely crucial.

We have already heard several times in Committee about the need for better training. The noble and learned Baroness, Lady Butler-Sloss, discussed judicial training, while Amendment 53 looked at the issue from another angle. Among those calling for improvements from outside are Women’s Aid and the London Victims’ Commissioner. The Government have also recognised the importance of training. The Ministry of Justice review panel recommended

“training for all participants in the family justice system”,

and I was heartened to hear my noble friend Lady Williams agree that judicial training needs to be revisited. I hope that she and my noble friend Lord Wolfson will be receptive to this amendment.

Domestic abuse affects all aspects of a family court case. It shapes how participants present at court, the evidence they give and how they give it, and it is a critical factor in determining the interests at stake and how safe child contact is arranged. However, as is recognised in the Bill, domestic abuse has a wide range of impacts and requires a wide-ranging, intersectional understanding. Mandatory training, delivered by domestic abuse specialists, will ensure that judges at all levels are much better equipped to understand the effects of domestic abuse and how to respond to it. As such, it will support and make possible the implementation of all aspects of the Bill. I note also that similar training is required for sexual violence, although that remains outside the scope of the Bill.

By stipulating that the training should be developed in consultation with the domestic abuse commissioner, we can ensure that it truly teaches current best practice and is aligned with national and specialist efforts to tackle abuse. As our understanding of domestic abuse improves, the courts will not, and should not, be left behind.

My focus so far has been on judicial training, but perhaps the real importance of the amendment is that it goes further than that, extending not just to members of the judiciary but to any Cafcass employees, social workers or appointed experts advising the court. That is why this amendment is so necessary. The Judicial College could offer better training for judges without it, but that is not enough.

Expert witnesses rightly play an important role in advising and guiding the family courts, but of course they do not have a thorough understanding of every field or every issue. Many expert witnesses, whose opinions might be crucial in shaping a court’s decision, are not experts in domestic abuse at all. They are not well placed to advise on whether domestic abuse is taking place or on what its impact might be.

Training which gives a full picture of domestic abuse—the context, the impact and how to respond—is therefore necessary in order that experts in our courts have a full picture of the situations they advise on. It will make them more aware of the risks and more attuned to the harm that could be inflicted. It will help implement the recommendations identified by the Ministry of Justice review, which called for training for all participants, including a cultural change programme and a multidisciplinary approach across all agencies and professionals. The result will be better processes for survivors and, crucially, better outcomes for children.

One survivor who contacted me recently described how Cafcass does not see her as a victim of domestic abuse because there are no broken bones or scars and because she seems like a strong and capable woman. But, as we all know, and as the Bill recognises, domestic abuse takes many more forms than just the worst manifestations of violence. It is no good changing our legislation to reflect that if we do not change practice as well. That requires training, and that is why we need this amendment.

[Lord Rooker (Lab) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Helic. I will speak to Amendments 131, 132, 133, and 136. I shall not go back to my time in the Commons, when I dealt with some cases in a personal way.

I have had the benefit of a briefing from someone who has sat as a court independent domestic violence adviser and has what I will call direct, hands-on street experience and remains involved in the wider processes. She has worked in the voluntary sector and in law enforcement, so her experience comes from both sides.

Domestic Abuse Bill

Baroness Helic Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[The Lord Bishop of Gloucester [V]]

My Lords, I am again glad to speak in this Committee and draw attention to my interests in the register. It is a great honour to follow the noble Lord, Lord Rosser, and I thank him for his excellent speech.

Amendment 151, in my name, seeks to ensure that migrant victims of abuse have access to refuge spaces and essential support services, as with other victims of abuse. I thank all noble Lords, including the noble Lords, Lord Rosser and Lord Alton of Liverpool, and the noble Baroness, Lady Hamwee, who have added their names in support of this amendment.

The existing domestic violence rule, or DV rule, is a proven route for a limited group of survivors, including those on certain spousal or partner visas, ensuring that they are able to regularise their immigration status independent of their perpetrator, and can access public funds for a limited time while the application is considered. Since 2002, this has given migrant women a lifeline—an escape route out of abuse, removing the power from abusers who threaten detention, deportation, destitution and separation from children.

However, the current rule excludes survivors who for one reason or another are dependent on their perpetrator for their status, or who have other expectations of staying in the country, such as having settled or British children, or being unable to return to their country of origin due to risk of further harm on return. Extending the DV rule to a slightly larger category of migrant survivors of abuse offers them security in what are often highly complex and challenging situations. As we have heard, the number of additional applications likely to be made each year under an extended eligibility criterion is estimated, on the basis of data from Southall Black Sisters and Women’s Aid, to be in the low thousands. But for those highly vulnerable individuals, the impact would be immeasurable. At this point, I add my own thanks to SBS for its excellent and tireless work.

The Istanbul convention has been mentioned previously in Committee, and I draw attention to Articles 4 and 59, which, as we have heard, the Government have signed and are committed to ratifying. They require victims to be protected regardless of their immigration status. This amendment and others presented to your Lordships provide an opportunity for the Government to take steps in the right direction.

Women without secure immigration status find it virtually impossible to access refuge and other welfare support to escape abuse. As we have heard, with no recourse to public funds or housing support, they are routinely denied access to safe accommodation and welfare refuge spaces. Only about 5.8% of refuge beds are available to women without recourse to public funds. They are therefore faced with the impossible decision of becoming destitute and homeless and separated from their children or returning to their perpetrator. This traps many women in abuse that often escalates, creating greater risks and vulnerability. Perpetrators regularly weaponise women’s lack of secure immigration status and economic independence to exert absolute control and keep them in a state of fear, often providing false information, withholding essential documentation, and interfering with applications such that women become overstayers and undocumented as a direct result.

As has been repeatedly said across debates, behind every statistic is a unique individual—so just one story. Last year, Hamida—not her real name—went to Southall Black Sisters seeking safety and help regarding the return of her child, who remained with her abusive partner, and assistance in regularising her immigration status. She had no money to support herself or to seek legal advice. She had originally entered the UK from Morocco on a tourist visa, having been persuaded to do so by her British partner. Soon after arriving she was abused, and her partner began to control every aspect of her life and forbade her even to speak to anyone. He also put her to work as a carer for an elderly lady and demanded that she give him all her earnings. She was subjected to sexual violence and rape. When she discovered that she was pregnant, her visa had expired and she could not return home, as her family had made it clear that her single mother status would bring disgrace and shame on them.

Hamida stayed. She had an Islamic marriage, but continued to be subject to abuse. She had no door key and no phone; her husband told her that he would never register the baby as British, as it would give her a route to resettlement in the UK. In the final weeks of her pregnancy, she was kept locked in a store cupboard at his workplace without food. Eventually, she made a disclosure to social services after her husband took the child away from her; as a result, her child was placed on a child protection register and Hamida was referred to Southall Black Sisters.

This brief portrait illustrates the immense challenges that Hamida has faced. Due to her exclusion from the DV rule, she has endured more than nine months of anxiety and uncertainty since escaping violence. She is dependent on donations for her survival and has no security about her future. She is unable to process the trauma that she has faced and remains in ongoing child contact proceedings to reunite with her baby. No survivor deserves to face such trauma and hardship after fleeing violence.

That is just one story. Research has shown that most women on non-spousal visas require assistance for periods of three to eight months and some even longer, because they have often had long and complicated abuse and immigration histories. With this Bill, we have an opportunity to intervene and relieve these women of their suffering, and we must take it.

In response to this clear gap, the Government announced a one-year pilot scheme to assess better the level of need for this group of victims and inform spending review decisions on longer-term funding. However, the £1.4 million offered to run the pilot project is inadequate to meet the needs of all vulnerable migrant women who need crisis support. As an example, the pilot project has set a financial cap on the rent payable for each woman, based on local authority housing allowance rates, which can be as low as £70 per week. There is also a cap on the subsistence payments that can be made to each woman to meet other basic needs, which cannot exceed £37 a week. These rates are inadequate to avert destitution, not least in even being able to pay for refuge accommodation. Furthermore, as we have heard, it is estimated that the number of migrant survivors who require support is probably between 3,000 to 5,000 a year. The pilot project is likely to provide only minimal support for up to 500 women for a maximum period of 12 weeks.

My next objection is that if this pilot is aiming to collect more data, I highlight that that has already been submitted by key specialist organisations during the review process. SBS and the Latin American Women’s Rights Service published a formal and detailed response to the Home Office’s migrant victims of domestic abuse review in September 2020. As far as I am aware, there still has been no response.

The pilot project has failed to allow for the impact of Brexit, which is expected to lead to a significant increase in the numbers of women who will be excluded from protection as they will now be subject to the same immigration rules as non-EU nationals, including restrictions on recourse to public funds.

Lastly, and perhaps most significantly, the pilot scheme does not guarantee that any lasting change will follow when the scheme is ended. Running a pilot that gives no long-term assurance of anything in the Bill at the end of it is not an option. Only legislative protection for this vulnerable cohort of women will ensure that the Bill delivers its promise as landmark legislation that can deliver protection for all survivors in the UK.

The Bill provides the Government a significant opportunity to address the gaps in protection for migrant women with insecure immigration status. As a Christian, I am called to love my neighbour and welcome the stranger. This includes showing mercy and justice towards refugees and immigrants, perhaps especially so for those whose hope has been extinguished by abusive partners. I urge the Government to support the amendment.

[Baroness Helic (Con) [V]]

My Lords [Inaudible.]

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am afraid we are having difficulty hearing my noble friend. I wonder whether she might give it another go; otherwise, we will have to move on and revert to her when the problem is sorted.

[Baroness Helic (Con) [V]]

[Inaudible.]

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I think we must move on. I call the noble Baroness, Lady Hamwee.

--- Later in debate ---

[The Deputy Chairman of Committees (Lord Lexden) (Con)]

I think it is now possible to hear from the noble Baroness, Lady Helic, so I call her again.

[Baroness Helic (Con) [V]]

I hope that you can hear me better now. I will speak to Amendment 160, which stands in my name. I take this opportunity to thank the noble Baronesses, Lady Wilcox and Lady Hussein-Ece, and the noble and learned Baroness, Lady Butler-Sloss, for their support. It is also a pleasure to follow the powerful speeches that have just been made; their arguments about the needs of migrant women are compelling and compassionate.

Amendments 148 and 151 are important and have my full support. In particular, I will focus on Amendment 160, on non-discrimination. It is not just about migrants or women; it is about making sure that all victims and survivors of domestic violence, whoever they are, get the support and justice they deserve and that we owe them. This amendment is also about international obligations and the Istanbul convention.

I started my work focusing on this Bill as someone who has spent a lot of time thinking about foreign policy, which I still care about—but I know how important it is that we meet our treaty commitments. The Government are rightly proud of their work on girls’ education, and we used to lead on the Preventing Sexual Violence in Conflict Initiative; we have a good record on leading on these issues internationally. However, leadership requires moral authority as well: it requires us to do the right thing at home rather than just speak about it abroad.

The Government’s intention to ratify the Istanbul convention as soon as possible is very welcome, but gaps remain nine years after we signed, as the Government themselves acknowledge. The last review, in October, flagged progress on Articles 4(3) and 59 as “under review”, pending the outcome of the migrant victim pilot scheme. The Government have signalled their intention to wait, but we have an opportunity to set things right here and now.

As we have just heard, there is extensive evidence of the needs of migrant women and the precarious situation they are in. There is no need for the further delays that the pilot scheme entails and no need to wait to find new legislation to address a problem we face now. This Bill is a natural home for efforts to tackle domestic abuse; why should we knowingly leave areas out of it? If we want to get the Istanbul convention ratified, as the Government have said they do and as I believe we must, we will need to improve protection for migrant women as well. It is better to do that now than to delay it needlessly.

As such, this amendment is necessary in order to ratify the Istanbul convention. It also has an important role to play in making sure that the Bill’s provisions actually work for survivors, whoever they are and wherever they come from. There is a reason why the Istanbul convention contains an explicit list of non-discrimination grounds—it is not about giving us a warm fuzzy feeling; it is based on empirical research into whether victims of domestic violence and abuse seek help, how they do so and what help they get.

We can pass all the reforms we like to the courts, but most migrant and refugee victims never get to that stage. If we are serious about wanting to help all victims of domestic abuse, we need to ensure that we are not discriminating against some of them. By enshrining a principle of equal protection, this amendment would ensure a consistent and cohesive approach to victims, wherever they are.

Research by King’s College London and the Latin American Women’s Rights Service found that 46% of migrant women were denied support by the police when reporting abuse. The report on police and crime commissioners’ approaches to violence against women and girls found that the responses varied widely across the country, with some deemed “very inconsistent” and even “haphazard”. This adds to the well-known barriers to disclosure and reporting that all victims of domestic violence face. By making sure that equal protection is embedded in the law, the amendment will both shape the response of public authorities and give victims the confidence to come forward in the first place.

This amendment is supported by End Violence Against Women, a coalition of hundreds of specialist services, academics, activists and NGOs. It is supported by informed organisations such as Southall Black Sisters, which work with black and minority victims of domestic violence. It is supported by the Equality and Human Rights Commission. They all say that the current local authority duty in the Bill will not tackle the barriers and challenges that BME and migrant survivors face in accessing refuge unless there is a clear legal commitment to equal support.

Domestic Abuse Bill

Baroness Helic Excerpts

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

[Lord Harries of Pentregarth (CB) [V]]

My Lords, I was very distressed during Committee on the Bill at the way the House has become so polarised over this amendment. I believe a way can and should be found to do justice to both sides of the argument, for both raise real and serious concerns.

Clearly the term “parental alienation” has become controversial, coming as it does from the United States, where it has been so closely linked with gender politics, so I welcome the rewording of the amendment, where what we are dealing with is clearly defined.

Parental alienation was referred to in earlier debates as a “concept”, or even prefaced, as in the debate this afternoon, sadly, by the qualification “so-called”. But the concept arose on the basis of experience. The fact is that very many people, both men and women, have been alienated from their children as a result of the unacceptable behaviour of their partner or former partner. That it exists I have absolutely no doubt. Do the opponents of this amendment really doubt this?

At the same time, it is clear, particularly from the evidence of Women’s Aid, that some people use the concept of parental alienation to cover up child abuse. I am sure this happens, and I can believe that the greatest number of perpetrators are men.

So we are dealing with two realities, both of which have to be taken into account. In any given case, the evidence has to be heard and assessed and judgment given. This is what courts are for. This is what Cafcass is for. They know what it is and can recognise it for what it is. They have developed the child impact assessment framework to

“identify how children are experiencing parental separation and to assess the impact of different case factors on them, including parental alienation.”

At the same time, they will be well aware that there are cases where this is a cover for child abuse. This, too, they can recognise for what it is.

These are very difficult decisions. I would not like to have to make them myself. But the point is that there are people who are trained to make such decisions, and the courts use them. So I very much hope that the Government will accept this amendment, or at least, as the noble and learned Lord, Lord Mackay, suggested, that the wording proposed in the amendment is clearly understood to be an example of coercion, and that this is set out equally clearly in statutory guidance.

[Baroness Helic (Con) [V]]

My Lords, I have listened carefully to the speech of my noble friend Lady Meyer and to those who support the amendment. I recognise their sincerity and good intentions and their desire to do the right thing for the victims of abuse and, above all, for children. But I am afraid I continue to have very serious concerns about the amendment and the ideas it seeks to introduce into the Bill. I do not think it is required to help those victims whom noble Lords wish to help. In fact, I fear that it will do the opposite; it will empower abusers. I am concerned that, despite the change in language, the amendment still rests on the idea of parental alienation and serves as a means of embedding that concept, so open to misuse as a means of covering up domestic abuse, in law. Parental alienation is a flawed model for addressing the experiences of the parents and children the amendment seeks to help.

I agree that parental behaviour

“deliberately designed to damage the relationship between a child of the parent and the other parent”,

in the words of the amendment, is unacceptable, but the concept of parental alienation is so open to misuse in a way that is deeply harmful to children who are victims of domestic violence that we must be extremely cautious. Its lack of rigorous scientific foundation or clear definition means that it does not in assist in addressing abuse. Rather, it has become a vehicle for minimising and evading legitimate allegations of domestic abuse and child abuse by suggesting that child victims, often suffering serious medical trauma and with valid reasons for resisting contact with the abusive parent, have been manipulated by the so-called alienating parent. In the United States, where the concept originated, when a parent claims alienation, courts are more than twice as likely to disbelieve evidence of any type of abuse and almost four times less likely to believe a protective parent’s claims of child abuse. The result is that children are often forced to live with their abuser and are at risk of serious harm, lifelong trauma and even death.

We do not need this imported into our law. I do not wish to diminish or ignore the experiences of those not feel that their relationships with their children have been undermined and damaged by a protective parent. They are victims too, and we must hear their voices. I am also open to being told that I am wrong, and I have sought additional clarification from experts on domestic abuse. They tell me that this behaviour is an example of coercive control. We already have the legal means to tackle it under existing laws on coercive control. The recognition of children as victims in the Bill should strengthen that, as should the very welcome government amendment on post-separation abuse.

A clause to tackle this behaviour already exists, and there can be no case for us introducing any concepts or amendments which come with so many proven risks to children attached. However, there is a strong case, as I shall argue later in my speech on my amendment on training, for the training of judges. Children must have contact with both parents, but not at any price. We cannot dismiss a child’s voice when they disclose abuse.

Before I close, I believe it is important to make one final point. This is not aimed at anyone in your Lordships’ House, but it is necessary as a matter of basic principle. I think it serves to confirm some of what I have said about the dangers of the concept of parental alienation that the behaviour of some of its proponents is aggressive, bullying and abusive. They attempt to silence anyone who disagrees with them. People who have dared challenge parental alienation have faced vitriolic attacks and regular attempts to undermine their career and even see them sacked from their job. Respected experts have been called fraudulent, corrupt, lying and biased. People who have devoted their career to tackling abuse have been described as child abusers.

We cannot ignore those attacks. Since we began to debate the Bill, they have increased. One person who has faced a great deal of harassment tells me that it has significantly escalated and continued on an almost daily basis since the Bill received its Second Reading in your Lordships’ House.

I have spent most of my career working in foreign policy. I have never witnessed behaviour such as this until I became involved in these debates. Many supporters of parental alienation outside this House seek to use abusive behaviour to silence their critics and, in doing so, they serve only to remind us why we have such serious concerns about this concept and why it is imperative that we do not allow it into our laws.

[Lord Winston (Lab) [V]]

My Lords, I thank the House for its indulgence. I apologise, because my internet connection collapsed completely during the speech of the noble Baroness, Lady Brinton, and I missed a great deal of what she said.

Parental divorce or separation is the second most prevalent adverse event during childhood. There is plenty of evidence that most children who experience parental divorce do not develop long-lasting problems. Many studies show that children are remarkably resilient. Long-term studies of children in Romania after Ceausescu’s regime, for example, showed that, provided they were adopted into loving, caring families, they returned to an almost normal existence.

Even so, there are certain times when biology conflicts with resilience—for example, when children are first socialising, with puberty, with adolescence and with certain mental conditions. Nor can we ignore good follow-up studies of all ages which report problems. They confirm that, compared with children who remained in two-parent families, young people who experience parental divorce are at increased risk of a whole host of difficulties. These include depression later in life and may involve poor social values and behaviour, lack of empathy and various psychopathological disorders, substance abuse and academic underachievement.

These children and adolescents are much more vulnerable to various pressures, particularly when one divorced or separated parent deliberately attempts to undermine his or her offspring’s relationship with the other parent. This may not always be deliberate and, when it is, it may be difficult to prove in court. There are examples where this is clear cut, with substantial evidence of this kind of damaging behaviour.

As the noble Baroness, Lady Meyer, firmly said in her speech, this amendment is unquestionably about child abuse. Research clearly shows that this can have long-term effects on children as they become adults. Moreover, it is possible—although this is more difficult to show in long-term studies—that traits which a child may develop in consequence of this kind of behaviour may be passed on. The child’s own offspring—the grandchildren of the fractured experience—may be affected. There is, incidentally, increasing evidence of a biological mechanism for such inherited behaviour. There is a significant indication that this may be epigenetic—a chemical alteration which influences the way in which the genes function. Evidence is growing that it may be true for one particular set of conditions which are of growing interest in human development.

Autism spectrum disorder—so-called ASD—is a group of neurodevelopmental disorders in which multiple genetic and epigenetic factors definitely play a role. As long ago as 1991, the famous expert, Professor Rutter, pointed out mistaken stereotypes in psychiatric and behavioural genetics. He was decrying the idea that strong effects might mean that environmental influences must be unimportant. In America, Judith Kroll has pointed out that parental behaviour is critical in enhancing or reducing the negative effects on autistic children. This is often a particular problem with one or other, or both parents. Her study is a useful marker to consider.

I want briefly to mention Karey O’Hara’s remarkable follow-up study from Arizona, looking at 240 children over six to eight years. The study showed very clearly quite subtle changes in these children’s relationship with one or the other parent. Mental health problems, drug abuse and risky sexual behaviour were all common. She and her colleagues concluded that children in families with high levels of post-divorce conflict, which could certainly include the sorts of behaviour to which the noble Baroness, Lady Meyer, referred, are an appropriate target group for preventive interventions. We know that these interventions work; they must surely be better than recourse to law. None the less, it is an important kind of child abuse because it can occasionally be hidden and difficult to see.

This is a vital discussion on an important amendment, and I am glad that the noble Baroness, Lady Meyer, has seen fit to introduce it on Report.

--- Later in debate ---

[Baroness Helic (Con) [V]]

My Lords, I thank the noble Lord, Lord Marks, for signing Amendment 44 and for his assistance in drafting it. It is an evolution of the one that I tabled in Committee, which received strong support from your Lordships’ House. It seeks to ensure that high-level training on domestic abuse, developed with experts, is mandatory for all judges and magistrates hearing family cases. I am grateful to my noble friend Lord Wolfson for meeting with me this morning, and for his acknowledgement that training is a crucial piece of the puzzle in tackling harm and improving family courts. This amendment will be a major contribution to improving the provision and quality of training. That will make our family courts work better and provide the protection, support and justice that victims and their children deserve.

It is a sorry fact that the courts are failing victims. Process and procedure can feel stacked against them. In the worst cases, the courts themselves can be subverted by abusers so that they serve not as a source of justice but as a tool of abuse. For example, one survivor has been taken to the family court by her abuser 27 times since 2015. The court has become the new venue for control.

To give another example, a woman who had been advised to leave her abusive partner by the police, a GP and the independent domestic violence adviser saw her case rushed through and extensive evidence of abuse overlooked by a judge who showed little evidence of awareness of domestic abuse. The words of that survivor should be in all our minds as we consider this Bill:

“We fled to be free from domestic abuse, yet now my ex-husband is allowed to continue his abuse legally through the family court.”


That is a terrible situation. Unfortunately, it is a common one that the Government are all too well aware of, given the harrowing evidence collected during their own harm panel review.

Many provisions in the Bill seek to address this problem. I particularly welcome the excellent progress on post-separation abuse, barring orders and the banning of cross-examination, but we need training to give those provisions practical, tangible value to ensure that they work on the ground to protect survivors and their children. It was a main recommendation of the harm panel, and it is critical to changing cultures and practices within the courts. Without those changes, these new measures will not be enough. They will provide false promises of hope to survivors, and new mechanisms are no help if domestic abuse continues to be overlooked, misunderstood and dismissed.

I know that my noble friend the Minister recognises the importance of training. The Government’s commitment to trialling improved guidance and training across the system is a welcome first step, but it is crucial that this amendment be accepted. Without the statutory imperative and government oversight, we are not providing survivors with any guarantee that work is under way to change the systemic cultural issues that have been identified.

By placing a statutory duty on the Lord Chancellor to publish a strategy and timetable for judicial training, we can ensure scrutiny, rigour and effectiveness, and we can guarantee that this is a commitment that outlasts individual Ministers and funding cycles. By specifying some of the material that the training must cover, we can ensure that it gives judges and magistrates a thorough grounding in all the different ways that domestic abuse can influence a court case or should be taken into account when considering child welfare. By involving the domestic abuse commissioner, we can ensure high-quality training, informed by up-to-date expert thinking that equips our judges and magistrates with the skill they need to wrestle with these difficult cases to provide protection and justice to survivors of abuse.

This amendment will strengthen the training provided; crucially, it will also make it mandatory. Over the course of this Bill, one of the things that we have heard is how insidious domestic abuse can be, how it can appear across all aspects of the family courts’ work and how it can be used to subvert them. This is why it is so important that any judge hearing a family case has a good knowledge of domestic abuse and how it can influence a case.

Domestic abuse must be taken into consideration in the course of a trial, when considering appropriate ways to proceed and when reaching a judgment. It is impossible to do that well without regular training that is consistent, comprehensive and created by true experts. If we do not embed these parameters in legislation, I am afraid that we will be here in a decade’s time, discussing the same ongoing issues in the courts. I dread to think how many people will have suffered during this time if we fail to act properly now.

Family cases are perhaps some of the most difficult and complex cases anywhere in our courts. In the great majority, judges act with wisdom, compassion and care. This amendment should not be seen as an attack on them; rather, it is about ensuring that they have the tools and skills that they need to do their job. Just as we expect judges to be versed in the law, so they should be versed in the facts and consequences of domestic abuse. We owe that to victims going through the courts and to the judges and magistrates themselves.

We have listened to the concerns raised by some noble Lords in Committee and adapted the amendment accordingly. It now guarantees a role in designing training for the Judicial College, the President of the Family Division and the chief executive of the Magistrates’ Association. They will play an important role in making sure that training is as effective as it can be. I hope that this more collaborative approach will attract even wider support than the original amendment.

This amendment is only a start; we should be thinking about training for all staff in the courts and all others, such as Cafcass employees and social workers. However, it is a crucial start: it is how we make the excellent provisions in the Bill a reality on the ground. It is how we will be able to tell survivors in full truth that we have taken real steps to protect them. I hope that my noble friend the Minister will think again and accept this amendment. However, I am prepared to test the opinion of the House.

[Lord Marks of Henley-on-Thames (LD) [V]]

My Lords, I am grateful to the noble Baroness, Lady Helic, for putting down and so persuasively opening this debate on Amendment 44, to which I will speak and have added my name. In Committee, we discussed judicial training at some length. It was interesting that there was general agreement that the amendment on judicial training was by far the most important of all the amendments in a raft of suggested measures seeking reform to procedure in the family courts.

I agree with the noble and learned Baroness, Lady Butler-Sloss, that the Judicial College provides first-class training for judges and magistrates, with its induction courses for those newly appointed or newly authorised to hear family cases and through continuing education, practical workshops and training materials, appraisal and mentoring. Nothing I say should be taken as a criticism of the quality of the work done by that college. However, one thread that ran through the debate in Committee was that, time and again, victims of domestic violence found their experiences of bringing cases in family courts to be somewhere between daunting and terrifying, They often found the courts and judges profoundly out of sympathy with the suffering of abuse victims.

Domestic Abuse Bill

Baroness Helic Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

Moved by

[Baroness Helic]

44: After Clause 64, insert the following new Clause—
“Training
(1) The Secretary of State shall within six months of the passing of this Act publish—(a) a strategy for providing specialist training for all magistrates and judges hearing cases in family proceedings in the Family Courts concerning rape, sexual and domestic abuse and coercive control; and(b) a timetable for the delivery of the training mentioned in subsection (1)(a),to include the training of all judges and magistrates, who are already hearing or who are to be appointed to hear Family cases and to include continuing professional development training for all such judges and magistrates.(2) The training mentioned in subsection (1)(a) must include but is not limited to training concerning—(a) the impact upon victims and witnesses, both adults and children, of the trauma of rape, sexual and domestic abuse and coercive control;(b) the risks and difficulties for victims and witnesses in giving evidence and taking part in proceedings concerning rape, sexual, domestic abuse and coercive control; and(c) the risks and difficulties for victims and witnesses of being involved in proceedings where one or more other parties may be the perpetrators of rape, sexual and domestic abuse and coercive control or persons connected to such perpetrators.(3) Before publishing the strategy and timetable mentioned in subsection (1) the Secretary of State must consult— (a) the Chairman of the Board of the Judicial College;(b) the President of the Family Division;(c) the Chief Executive of the Magistrates Association; and(d) the Domestic Abuse Commissioner.(4) After commencement of this subsection, which shall not be more than two years after the passage of this Act, the Secretary of State shall ensure that no Family cases are heard by judges or magistrates who have not successfully completed the training mentioned in subsection (1).”Member’s explanatory statement
This amendment would require the Secretary of State, in consultation with training bodies, to publish a strategy for providing specialist training on matters relating to domestic abuse for magistrates and judges hearing cases in family proceedings.

[Baroness Helic (Con) [V]]

My Lords, I wish to move Amendment 44.

[The Deputy Speaker (Lord McNicol of West Kilbride) (Lab)]

My Lords, I shall now put the question. We have heard from the noble Baroness, Lady Helic, taking part remotely, that she wishes to divide the House in support of this amendment and I will take that into account. The question is that Amendment 44 be agreed to.

Domestic Abuse Bill

Baroness Helic Excerpts

Report stage
Monday 15th March 2021 Lords Chamber

As I highlighted in Committee, there is no guarantee that any lasting change will follow when the pilot scheme ends. It is only legislative protection for this vulnerable cohort of mainly women that will ensure the Bill delivers its promise as landmark legislation that can deliver protection for all survivors in the UK. I look forward to hearing what the Minister has to say today, but I intend to press this to a vote.

[Baroness Helic (Con) [V]]

My Lords, in speaking to Amendment 87 I will not repeat all my arguments from Committee, but I will reiterate two key points. First, it would allow us to ratify the Istanbul convention and, secondly, it relates primarily to access to services and is separate from the question of immigration control. I am grateful to the noble Baronesses, Lady Hussein-Ece and Lady Hamwee, and the noble and learned Baroness, Lady Butler-Sloss, for joining me in sponsoring the amendment, to all noble Lords who supported it in Committee and are supporting it now, and to End Violence Against Women and Southall Black Sisters for their invaluable assistance. I add my support to Amendment 70.

Amendment 87 would ensure that all victims of domestic violence, whoever they are, get the support they deserve. When a crime is committed, when a man or a woman is abused, we offer them help, compassion and justice as our first response, not as a final stage. Domestic abuse cannot be hidden behind discrimination. That principle is central to the Istanbul convention, which insists on non-discrimination, including on the grounds of migration status. This will be the only area of the convention left outstanding once the Bill has passed and there is every sign that it will remain unresolved for some time yet.

Nine years after we signed the convention, we seem to have no plan to ratify it. Ratification enshrines the substantive requirements while still allowing the detail to be developed by the Government. Alignment of the legislative framework can be an ongoing process but it is clear that an international commitment is a powerful statement of intent. It has great symbolic meaning: that we are committed to treating every victim with dignity and will take every incidence of domestic abuse seriously from the point of disclosure. Ratification would be a signal to other countries around the world. It would also be a ray of hope for victims in this country.

In Committee, the Minister pointed to the Government’s pilot project, the migrant victims scheme. I am concerned for two reasons. First, it misunderstands the crucial purpose of this amendment. The pilot is a way of deciding what specific support migrant women might need but the amendment is about establishing their fundamental right to support as victims. Those issues are related but they are not the same.

Secondly, as other noble Lords have already explained and specialist organisations repeatedly tell us, the migrant victims scheme seeks answers that we already know to problems that we can address today. It is an unnecessary delay that creates the appearance of action without any lasting resolution to the terrible situation faced by migrant victims of domestic abuse.

The history of the Bill should be a cautionary tale for all of us. It has taken more than two years to get to this point. Set that alongside the nine years since we signed the Istanbul convention, and I fear that if we do not take our chance to ratify it now, we may be in for a very long wait indeed. If we insist on delaying for the migrant victims scheme, we are saying that migrant women can have protection but only at some unspecified time years in the future. That is not good enough. The Government’s failure to lay out a timetable for ratifying the Istanbul convention only confirms that. I was especially concerned to hear suggestions that the convention could be ratified with reservations so that the Government did not have to address this issue. That would be a very bad outcome indeed, above all for the migrant women themselves.

There is a point of principle here about fulfilling our international commitments. There is also a practical point: the amendment would ensure that the migrant women who are at such great risk could access those services they need. I reassure those who might have concerns about immigration that the amendment would not affect immigration control; it would not require changes to immigration regulations or to the Government’s ability to control who comes to Britain and who gets to stay. However, it would offer protection from serious crimes to those who are here. If someone is attacked on our streets, we do not stop to check their passport before offering them assistance. Abuse behind closed doors should not be any different.

A non-discrimination amendment would mean that public authorities would be expected to take into account migrant victims’ needs when dealing with them or making strategic decisions. It would ensure that survivors could access the services they needed to protect them from harm. It would make sure that the Government’s stated desire to treat victims first and foremost as victims was a reality. It would guarantee that the provisions of the Bill truly worked for and applied to everyone, which they do not currently do, rather than just those lucky enough to be born in the right place. This can be the landmark Bill that we need, for which the domestic abuse sector, and victims and survivors of abuse, are calling, but it cannot do that while it ignores a section of society at serious risk.

I will close with the words of one migrant survivor. She was sexually abused by her ex-husband and other men before finding support from a refuge. She said, “The centre has allowed me to get independence. I have learned so much about life. I have joined college. I am learning every day and I am doing well. I have my autonomy back. I feel safe and less anxious about my future. I can now finally focus on getting help and getting better. I have met many women from different cultures and religions, and we live in harmony at the refuge. We go on courses together and help each other with the homework. We taste all sorts of food that we cook, and we share our lives, our experiences and hopes for the future. I love it here at the refuge. It is my home. It has honestly made a massive difference in my life.”

We have heard many difficult testimonies throughout these debates. This is a reminder of the hope that we can offer and of the power of support and dignity to transform women’s lives. That is what the Istanbul convention seeks to do; that is what the amendment can do. I hope that my noble friend the Minister can offer the necessary commitment on swift ratification.

[Baroness Lister of Burtersett (Lab) [V]]

My Lords, I wish to address just three issues in support of these amendments, which have been moved so powerfully. First, in Committee the Minister argued that the DDVC and domestic violence rule were designed to

“provide a route to settlement for migrant victims who hold spousal visas.”—[Official Report, 8/2/21; col. 98.]

The position of those who entered on other types of visa was addressed by the right honourable Theresa May on Report in the Commons. She took the point that generally they would have to show that they have independent financial support but noted that

“it is perfectly possible that they might find themselves in a relationship where the removal of that financial support is part of the abuse they are suffering. We have to take account of that as we look at this issue.”—[Official Report, Commons, 6/7/20; col. 712.]

I wonder whether the Minister has taken account of that.

Secondly, the Minister explained that

“we have worked with the sector to launch the support for migrant victims scheme.”—[Official Report, 8/2/21; col. 101.]

This is welcome and, as I said in Committee, it is to the Government’s credit that they revised the scheme in response to some of the criticisms of the draft prospectus. However, as already noted, it remains the case that the sector does not believe that such a scheme is necessary and has real concerns that the funding made available will not meet the needs of many of the women who will be seeking help from it. I asked in Committee whether it would be possible to at least suspend the “no recourse to public funds” rule for this group during the lifetime of the pilot. However, I did not get a direct response, so I would appreciate one now.

Thirdly, with regard to the Istanbul convention, the Minister noted that

“the position on whether the UK is compliant with Article 4(3) … to the extent that it relates to non-discrimination on the grounds of migrant or refugee status, and with Article 59, relating to residence status, is of course under review, pending the evaluation and the findings from the support for migrant victims scheme”—[Official Report, 8/2/21; col. 100.]