Serious Crime Bill [HL]

Debate between Baroness Howarth of Breckland and Baroness Brinton

Tuesday 15th July 2014 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I shall speak also to Amendment 40BZE, which follows on from it. These amendments support much of the debate we had on the previous group but move us into the practical arena rather than the one of legislative definitions. In the past year, the NSPCC helpline dealt with 8,000 contacts about emotional neglect and abuse, and 5,500 cases were so serious that they were referred to local authorities for further action. This was a substantial increase on previous years. I am glad that the Minister recognised that clarity is required on this difficult issue of defining emotional, social, psychological or behavioural neglect.

Alongside these statistics, new evidence shows that child protection professionals do not have a clear sense of the law in relation to neglect and that the law is sometimes not being applied consistently. My concern in these amendments is to ensure that there are mechanisms in place for the moment a potential offence of child cruelty has been reported, whether to police or local authorities. In essence, there must be a case conference with all the relevant stakeholders from all the different departments and, crucially, the child concerned should have access to child and adolescent mental health services. The reason for this is that two years ago the NSPCC carried out an online survey which showed that only 7% of social work professionals believed that timely action was taken in response to neglect and only 4% thought that it was likely or very likely that timely action would be taken to respond to emotional abuse. That 4% is a shocking statistic and exactly why we are having this debate about being more specific in the legislation on this. That contrasts with 75% of respondents to the survey who said that they were very confident that timely action would be taken in response to physical and sexual abuse.

That is the point of these amendments, which may or may not be appropriate in this legislation, as I mentioned in my Second Reading speech. I would be very grateful to hear from the Minister that there is some cross-departmental discussion about how we ensure that this is framed in guidance to social workers, health professionals—whether doctors, school nurses or district nurses—and anybody else involved in a child’s life, such as at sports clubs and certainly including teachers in schools. We need to make sure that the victims of this are as well covered as the offence and the offender.

That brings me to my final point. This will be effective only if professionals in this area have adequate training to recognise and understand the very particular problems of emotional and psychological abuse. I am reminded of a debate we had during the passage of the Children and Families Bill when my noble friend Lady Walmsley and I tabled some amendments about exorcism and the emotional trauma that some children face, particularly when exorcism is carried out with them present. The noble Baroness, Lady Howarth, said at the time that we did not need a specific law on this, and she was absolutely right because there is some legislation within the current framework—the problem was that it was not being carried out by the professionals. That is why these amendments have been proposed. I will not repeat the points that were made in the previous group, but this supports all those made by noble friends and other colleagues. I beg to move.

[Baroness Howarth of Breckland]

My Lords, I briefly want to support—and not support—the noble Baroness, Lady Brinton. I support her obvious wish that proper liaison between authorities should take place in terms of safeguarding. All of the codes and practices are already there, but what is not there is the available time. It is not that social workers are not trained, although they could do with more training—certainly around the issues of satanic and witchcraft abuse, although that concerns a tiny proportion of the cases. However, on the matter of broader emotional abuse, social workers are pretty keyed in to what is needed. The problem is that they know that they do not have the time to go in and do the work that is necessary to help families, and they have no wish in these circumstances to end up removing families through the courts.

The real answer—and I speak as a vice-president of the Local Government Association—is to look at how local authorities are using their resources and whether enough of those resources are going towards safeguarding children and their general protection and prevention from abuse. We need to look at whether we are asking the professions—social workers in particular, but also the police—to carry out a totally impossible task. If you are working day to day intervening in cases, you have very little time left to liaise with your colleagues. As a professional who has undertaken this work over many years, I know just how much time it takes to ring round, organise conferences, ensure that the appropriate information is available to everyone and pull all of that together.

So the noble Baroness, Lady Brinton, is absolutely right. We need to make sure that the safeguarding co-ordination works well. We need to make sure that the local authority designated officers, to whom these situations have to be reported, have enough time to think through what the action should be, and are able to take it.

Children and Families Bill

Debate between Baroness Howarth of Breckland and Baroness Brinton

Tuesday 28th January 2014 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, I had not intended to speak in this debate, but I find myself in some difficulties in knowing what I should think about where we are going. I have listened to the impassioned speeches and, like many speakers, I have had very direct contact with young people who have suffered in very real ways, as the noble Baroness, Lady Kennedy, illustrated, from the side effects of cyberbullying, the new technology and all those issues that will surely be taken on board when the group reviews the guidance in relation to schools.

I would, however, like to ask a couple of things of the Minister while I am thinking through where I stand. First, I am concerned that the review will not be comprehensive. The world is so different now. To the noble Lord, Lord Knight, I say it is a very different world to even when the noble Lord was putting his group together. It is certainly a very different world from when I was listening to children talking on the lines at ChildLine. Even then, very young children were extremely confused about sexuality. There is no doubt that we need to get sex education for all children firmly into the educational process.

I say to the noble Baroness, Lady Knight, that the age of innocence, with respect, is long past. If you have watched the penguins with David Attenborough or the midwife programme, you have it all there before you. Much as we would like our children to be innocent, what the parents that I talk to worry about is not the innocence of their children but how their children will protect themselves and retain their own capacity to be responsible in a world that bombards them continually with these images. No child who lives in the modern world, unless they are totally in a bubble, is going to escape that. We have got to ensure somehow that they are prepared.

In saying that, however, I want to hear what the Minister has to say about PSHE. I thought my noble friend made an extremely important point about relationship education not being all about sex, and I hope the noble Lord will hear that and, indeed, others who have spoken. Certainly, as the noble Baroness, Lady Jones, said, what came out time and time again when talking to children at ChildLine was that the issue was not just sex but the whole relationships issue—their friendships, how they negotiated groups and how they managed to move from one friendship to another without trauma. That was what mattered to them.

Unless we have that PSHE, for which the noble Baroness, Lady Massey, has campaigned for so long, which provides that thorough education—about how you grow up, how you become a citizen, how you learn to live in a mass of relationships and how you manage to negotiate this impossible world; thankfully, I did not have to negotiate that, but I now have to do so with those young people for whom I am responsible—I shall be very disappointed.

I know the Minister takes this very much to heart and would like to achieve something like this. I understand that it is not easy. I understand that it is about training teachers, about helping parents, and maybe about family learning, where families learn together about some of these issues.

I am uneasy, however, about voting for an amendment that simply puts sex education on the statute book without thinking through the complexity around how we achieve it. So my last question for the Minister is this: if he has an expert group and if he looks at how this might be introduced, would there be a timetable with an end date, so we do not go around the circle yet again without coming to an end that achieves something for our young people, who desperately need it in this modern world?

[Baroness Brinton (LD)]

My Lords, I was chair of education in Cambridgeshire in the late 1990s. One of the things that Cambridgeshire has always done well is sex and relationship education policy; indeed, many other authorities use its framework. I particularly want to reassure the noble Baroness, Lady Knight, that explicit sex, in the terms that I think worry many people, is not taught at key stage 1. Actually, the key stage SRE policy is vital because it provides child protection. I am looking at the Cambridgeshire syllabus at the moment, and it says that children must understand that they have rights over their own bodies, understand what makes them feel comfortable and uncomfortable and learn how to speak about it. That is exactly what I want a five year-old to be able to understand, and all the graded teaching, right the way through the system, is age-related and appropriate.

One of my concerns is that not all schools provide excellent SRE because there is no consistency across the sector. I am afraid that that is one of the reasons why we need to be able to provide that framework so that there is consistency. This is not just about the whim of parents or schools; it is vital for the health and safety of our children as they grow up in a very different society.

I have heard comments about worries about a review kicking things into the long grass. In this instance there is division—but then there is always division, as I think the noble Lord, Lord Knight would accept; had there not been division in his party when in government, this would now be compulsory. Let us not get into that political debate. We need to keep this debate on the agenda and keep it going. In a perfect world, I would like to see not only a compulsory curriculum but one that provided the reassurance that all parents would understand that their children were being given safe and appropriate advice to protect them in future.

Children and Families Bill

Debate between Baroness Howarth of Breckland and Baroness Brinton

Monday 18th November 2013 Grand Committee

[Baroness Brinton (LD)]

My Lords, with the permission of the Grand Committee, I will speak sitting down. I declare an interest as a trustee of UNICEF. My name is on Amendment 243 and I support all that my noble friend Lady Walmsley has said. I wish to add the following. Given that the last detailed research on this topic was carried out more than seven years ago, I believe that it is important for the Government to commission a study to estimate the number of cases of possession or witchcraft among children. Following the dreadful Victoria Climbié case and one or two other well publicised cases, these cases are clearly still arising. The Metropolitan Police have reported more than 81 cases over the past 10 years. I suspect that the position is worsening rather than improving.

The impact of being called a witch or of possessing evil spirits is traumatic. AFRUCA—Africans Unite Against Child Abuse—told the story of Amelia, the mother of young Luke, who has a mild form of epilepsy. She said that,

“when Luke was about three and a half, he had an epileptic episode at a church service.

The pastor noticed and immediately turned to the congregation and said, ‘Here is a manifestation of the devil. This boy is possessed by evil spirits.’

The consequences were immediate and very upsetting. I saw the older children shunned Luke and when he approached friends who were his own age and too little to understand what was happening I saw their parents calling them to come away from Luke. We protected him from knowing what was happening, of course, but I was angry and my husband was even angrier.

We tackled the pastor, and when he realised Luke had been experiencing an epileptic seizure he was initially a little argumentative, saying epilepsy could be a sign of possession, but we told him he needed to study his bible better. In the end he was ashamed and preached a sermon about the difference between epilepsy and witches. Our friends understood what he was talking about, but he didn’t actually retract the allegation”.

AFRUCA says:

“Accusing a child of being having harmful supernatural powers is dehumanising, leading to a process of moral exclusion as the child is henceforth viewed as less than human, evil, a criminal not deserving moral consideration. It opens floodgates to all forms of other abuses including infanticide. The child is, of course, likely to share these beliefs, a horrific experience”.

In 2010, UNICEF carried out a study: Children Accused of Witchcraft, by Aleksandra Cimpric. On pages 48 and 49, two of the key recommendations are:

“Promote legal reform to decriminalize witchcraft, allow for the prosecution of persons harming children and provide special protection to children in contact with the law”,

and:

“Raise awareness and educate legal professionals”.

What has been encouraging is that, as the noble Baroness, Lady Walmsley, reported, a number of African countries have taken the UNICEF report and have made legal provision to protect children. We have not yet done so in this country.

This does not just affect churches, mosques or communities from Africa. Over the past 18 months, I and other noble Lords have heard from members of the Exclusive Brethren, a sect that split from the Plymouth Brethren in the mid-19th century. I have met children and young people who were told that they were evil and tainted and who were shut away from their community until they had “learnt to think right”. One former member told me that anyone who disagrees with the elders is pronounced evil and possessed of the devil. They handle exorcism by dismissing, shunning and excommunicating the child or young person in a practice known as “shutting up”. This group believes that children get evil spirits through contact with the outside world.

I met one young man who had been abused by an adult within his community. He reported the abuse and was then distressed and shocked when he was told immediately to get on his knees and pray for repentance and for the expulsion of the evil spirits. He subsequently left the Exclusive Brethren, but he said that it took him some years to recover from feeling ashamed and responsible for the abuse and to understand that he was not possessed by evil spirits. There is, therefore, a wider application than that commended by AFRUCA.

I reiterate the points made by my noble friend Lady Walmsley. This is not an attempt to curtail beliefs. This is solely about the protection of children, their families and those with whom they come into contact. It is time that the UK caught up with the many African countries that are way ahead of us in legislation.

[Baroness Howarth of Breckland]

My Lords, I am going to find myself in the difficult position of disagreeing absolutely with the two noble Baronesses. I am surprised that they have not had the context, because much of what I hear sounds like the work that we did two years ago, when I chaired the Trust for London committee that looked at child safety issues in relation to witchcraft and children accused of being possessed by evil spirits. I spent two years working with AFRUCA, the Somali community, the Victoria Climbié Foundation and others looking at the issue. During that time, we managed to disentangle what was at first thought to be an issue of belief but what, as became clear and as the two noble Baronesses made quite clear, was not about belief but about child protection.

In all the examples I have ever heard, if proper attention had been given to present child protection legal enactments, all those children should have been properly protected by the existing legislation. I agree with the noble Baronesses that if that is not so, we will need something additional—but, as has been said, all the organisations that took part in the round table, except for AFRUCA, did not see the need for a change in legislation. What they saw a need for was the education of social workers who simply do not understand the issue, and for more work to be done with these communities.

Education Bill

Debate between Baroness Howarth of Breckland and Baroness Brinton

Tuesday 18th October 2011 Lords Chamber

[Baroness Howarth of Breckland]

My Lords, I recognised that there would be a number of reasoned arguments and I stand with my colleagues who made them. I took a rather different way on this. During the summer I consulted a number of friends and my family—it was a random experiment—and it became absolutely clear that they did not believe that I was telling the truth when I said that it was the Government’s plan that when their child was going to be detained they would not be told. They said, “You are making it up”. That was the first response.

The second response from rural parents—I work and have friends in London but I live in a rural area—was, “But there is only one bus. They cannot be detained without notice because if they do not get on the bus they do not get home at all”. We have to remember that not every poor parent in a rural area has a car; they depend on that transport. There are no other bus services or taxis; you catch the school bus or you do not get home. The third response was the sheer indignation that this was “my” child, not owned by anyone else.

The common thread through all that was that the parents were quite keen for the child to be disciplined at school. There was no disagreement that the child should not receive their discipline, that detention might be the right answer, or that the closer it was to the incident the better little Jonny would learn from it. The disagreement was that parents had to know that their child was going to be detained so that they could ensure the protection of their child and were not worried out of their minds. I hope noble Lords will forgive my anecdotal bit of research but it was pretty consistent with the reasoned arguments that we have heard this evening.

[Baroness Brinton]

My Lords, I also support Amendment 33, which I have added my name to. I will not rehearse the arguments that have been made by noble Lords who have already spoken except to say, as I said in Committee, that these issues about safeguarding are absolutely paramount. There is one area that no one has picked up on but of which I have personal experience. Looked-after children, foster children or children with difficult family arrangements often have complex arrangements at the school gate. For this particular group, it is always vital that the parent with the residency order knows exactly what is happening.

My own experience was at primary school level, where the school was fully on board with all the issues. In a large secondary school with 1,200 pupils, I worry that a teacher or head of department handing out a detention might not be aware of such complex arrangements. For such reasons, which also come back to safeguarding, this is really important. Amendment 33 does not ask for much. The key thing from this Side is for the Minister to please look again at the wording. We want a really clear statement that nothing will be done that will compromise the safety of the child. That is the absolute nub of it. We can all give many more anecdotes but fundamentally, at its root, this is about the safeguarding of children.