Domestic Abuse Bill

Baroness Stroud Excerpts

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

[Lord Morris of Aberavon (Lab) [V]]

My Lords, it is a pleasure to say it is beyond argument that this is an important Bill. In my professional career, I dealt with many cases of child abuse. I practised at the criminal Bar, not the family Bar. Fortunately, sitting as a recorder, I did not have to try or sentence anyone convicted of child abuse.

It is important to get the legislation right. At my first reading, I thought the Bill was sufficiently comprehensive to deal with any wrongdoing. The steps in the ladder are clear: first, the relationship is set out in Clause 1(2); then we go on to the type of relationship, supplemented in subsections (3) and (4); then subsection (5) deals with indirect behaviour. The amendment’s supporters seek to redefine this, by adding words to give an example of behaviour which is reprehensible. I understand the aims of the proposers and their real concerns. We have listened to the passionate speeches made today. The noble and learned Lord, Lord Mackay, has added his name to the amendment. From long experience, I would listen to his words, and the House always does with very great respect.

My fear is that this amendment is over-prescriptive. Putting this into the Bill might limit the generality of the encompassing nature of subsection (5). At the moment, I have serious doubts about whether the amendment is needed at all, as such particularising may limit the thrust of the subsection so far as other conduct is concerned. In these circumstances, having heard all the arguments, I would recommend its rejection by your Lordships.

[Baroness Stroud (Con)]

My Lords, I commend my noble friend Lady Meyer on her courage and resilience in tabling this amendment again today. I first had the privilege of meeting her and hearing her story many years ago, and since then she has been a tireless campaigner on this issue despite, as we have seen both today and in Committee, often intense and personal challenge.

As we have heard, parental alienation is a devastating form of abuse that can extend for decades and have deeply traumatic effects on both the children and the excluded parent. There has, however, been strong resistance to recognising this as a form of abuse. Those who oppose it argue that abusive parents may themselves use the defence of parental alienation to continue their abuse. Surely, though, this is precisely why we have judges. We must have confidence in our courts and our police to make these judgments, just as they have to make countless others every day of the week.

The amendment seeks insert into the legislation the line

“such as a parent’s behaviour deliberately designed to damage the relationship between a child of the parent and the other parent”.

I am hopeful that the Government should be able to confirm that this is indeed included in the definition of coercion, as my noble and learned friend Lord Mackay and my noble friend Lady Meyer have requested. This addition would specifically draw attention to parental alienation while simultaneously giving the family courts a sound basis on which to better distinguish between genuine and false allegations of parental alienation. The amendment identifies parental alienation and protects those who are vulnerable from exploitation of the law.

The dynamics expressed in the amendment are important for a number of reasons. Alienation adversely affects the psychological development of a child in that it prevents a natural, healthy bond and relationship with a parent. A child needs to be nurtured and protected by its mother. Erica Komisar, a leading expert in attachment theory and the neuroscience of motherhood, highlights that children are at a higher risk of social, emotional and developmental issues when the essential presence of a mother is missing. But it is equally important that the child should have a relationship with their father. In a major study by the Journal of Applied Economics entitled The Impact of Income and Family Structure on Delinquency, it was found that when the interactions between a parent and a child diminish, such as in the case of parental alienation, the child perceives a decline in that parent’s benevolence. If the decline is sufficient, the child will accept its implications and move to feelings of abandonment, alienation and a lack of trust. Both the parent and the child are worse off.

Research from the Institute for Family Studies has also found that, controlling for race and parental income, boys raised without their father are much more likely to use drugs, engage in violent or criminal activity and drop out of school, while girls are more likely to engage in early sexual activity or have a child out of wedlock. The consequences of parental alienation can be deep and severe on the next generation.

There can be no doubt that judicial decisions in cases involving children must take account of all aspects of the family dynamic, including all types of abuse. There is a need for qualified professionals to assist the court in assessing whether there is abuse and, if so, its severity and how it should affect child/parent residence and contact arrangements. But the need for expertise in handling these delicate situations should not dissuade us from addressing this often hidden but deeply damaging form of abuse.

The Bill is strengthened if it captures all forms of domestic abuse and improves outcomes for those who are vulnerable to experiencing it, and we look to the Minister today to confirm that the concept of alienation is included within the definition of domestic abuse.

[Baroness Chakrabarti (Lab) [V]]

My Lords, I too wish to pay tribute to the noble Baroness, Lady Meyer, for her two decades of campaigning after a horrific experience that most people would not be able to turn into such a positive contribution. I wish her, the co-signatories to the amendment and all Members of your Lordships’ House a happy International Women’s Day. It is a celebratory moment, as well as a moment of remembrance which was started over 100 years ago by radical working women.

I also pay tribute to the noble Baroness, Lady Meyer, for doing something that seems all too rare in our polarised and sometimes even toxic public discourse. She has listened. I did not participate in this part of the debate in Committee, but I was struck by her speech and by the contributions that were informed by the work of various women’s organisations, and survivor organisations in particular, about the contested or loaded nature of the term “parental alienation”. I am not a psychologist, a social worker or an expert on this topic, but I was moved by contributions from those who are, not least the noble Baroness, Lady Bennett of Manor Castle.

It seems that the noble Baroness, Lady Meyer, has indeed listened and has attempted in her reformulation to address behaviour rather than syndromes in a precise way that is more appropriate to legislation on difficult issues. I have no doubt that many abusive men will seek to use the term “alienation” as a stick with which to beat the surviving former partner, but, equally, I have no doubt that men and women are capable of weaponising their children during terrible relationship breakdown. I also have no doubt that this is a gendered world and a very unequal one, whether we like it or not, and that this inequality affects women, but also men and boys. It is a very vicious spiral indeed.

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Moved by

[Baroness Stroud]

7: Clause 3, page 3, line 3, after “abuse,” insert “including in utero exposure,”

[Baroness Stroud (Con)]

My Lords, I rise to speak to Amendment 7 and the corresponding group in my name. I thank the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their support for these amendments.

I also thank my noble friend the Minister for her time since we last debated these amendments in Committee. As we spoke, I was encouraged by her deep commitment to ensure that the Bill provides protection for all children—whether they be in utero, newly born or on the cusp of adulthood. I am hopeful today to receive assurance that guidance will protect these children. I thank all noble Lords who offered their support and feedback on our initial amendments as we worked towards finding a nuanced pathway that would ensure that the Bill does in fact protect all children but does not open up a legal minefield.

Why are these amendments needed? We know that around 30% of domestic abuse begins during pregnancy, while 40% to 60% of women experiencing domestic abuse are abused during pregnancy. These are horrific statistics. Alongside this, we know that the first 1,001 days, from conception to age two, is a period of uniquely rapid development when babies are particularly susceptible to their environment, so here we see high vulnerability to abuse and violence coupled with essential days for child development colliding and creating a unique environment that needs protection.

Domestic abuse in pregnancy is associated with poor obstetric outcomes, including low birth weight and preterm birth. A mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb, and ongoing stressors such as domestic abuse can disrupt babies neuro-development. This can affect children’s cognitive functioning and emotional regulation, shaping behavioural and emotional outcomes for years to come. We also know that the sad truth is that the single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether they grew up in a home where there was domestic violence. These amendments seek to break this cycle and allow for early intervention, which can have life-changing outcomes for victims.

So what needs to happen and what can these amendments do? The amendment to Clause 3 would ensure that professionals take in utero exposure into account when identifying children as victims of domestic abuse. The amendment to Clause 7 relates to the general functions of the commissioner and would ensure that identifying children affected by domestic abuse also includes babies in utero. The addition of a new clause after Clause 72 would require the Secretary of State to

“make provision for publicly-funded traumainformed and attachment-focussed therapeutic work to be made available to all expectant parents and parents of children aged under two years old where those children are victims of or otherwise affected by domestic abuse.”

The amendment to Clause 73 would require the Secretary of State to issue guidance on the effects of domestic abuse on babies who were in utero at the time of the abuse and on babies and young children under the age of two.

These amendments and what they represent are crucial. As the Bill stands, there is a requirement that the commissioner must “encourage good practice” in identifying people who carry out domestic abuse, victims of domestic abuse and children affected by domestic abuse. My amendment would mean that encouraging good practice in identifying children affected by domestic abuse must include the unborn child by reaching out to pregnant women to offer support relating to domestic abuse, and by being alert to the need to offer support and safeguarding to the child post birth if necessary.

The addition of a new clause focused on trauma-informed support is about access to support for parents. The Bill will be ineffective if there is no provision for people to get the help they want and need. This is a once-in-a-generation opportunity to deliver a step change in our response to domestic abuse. The reality is that the vast majority of victims—an estimated 70%—never set foot in a refuge and remain at home or in alternative housing. It is therefore essential that they have access to support that can actually change behaviour.

An evaluation of the For Baby’s Sake programme, which provides trauma-informed and attachment-focused therapeutic support for parents, led by King’s College London, found that support at this time can harness parents’ motivation and empower them to make changes for their babies and themselves. A SafeLives report highlights that 80% of victims have told us that they think that interventions for perpetrators are a good idea. A main conclusion from Breaking Down the Barriers, the findings of the National Commission on Domestic and Sexual Violence and Multiple Disadvantage, was the call from survivors for trauma-informed support to break traumatic cycles. It is essential that we make this provision.

As the Bill stands, there is a requirement that the Secretary of State issues guidance about the effects of domestic abuse on children. The amendment to Clause 73 would ensure that the unborn child is included in that guidance to make sure that they are visible.

The protections that would be created by these amendments are needed because we know that the first 1,001 days of a child’s life are an opportune time for intervention and the best time for breaking the cycle. Pregnancy and childbirth are major milestones in the lives of many mothers and fathers and a time when there is the most motivation to change.

Although this is not a gendered issue, the Institute of Psychiatry, Psychology and Neuroscience at King’s College London, in conjunction with For Baby’s Sake, found that intervening in the perinatal period may prevent early childhood trauma and its consequences. New fatherhood is a motivator for change in men who use violence in their relationships. Therefore, intervening in the perinatal period and including a focus on parenting may improve engagement in programmes to reduce violence.

There is much that is good in this Bill and much that we can be proud of that has already been done to increase the protections for many. However, we have an opportunity to go just that bit further and to be crystal clear that it is our intention to protect all children, including those aged under two and during pregnancy. It is essential that we get this right. I understand that legislation may not be required to achieve this goal and hope to receive assurances from my noble friend the Minister of what may be achieved through guidance. I beg to move.

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[Baroness Stroud (Con)]

My Lords, I thank all noble Lords who have contributed to the debate on this amendment, but especially the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their contributions. Their contributions were moving, constructive and hugely valuable. For me too, hearing the cross-party nature of the support for the very youngest right the way through to the age of two was a special moment in this House. I thank noble Lords for their contributions.

I also thank my noble friend the Minister for the way she has listened and sought to ensure that all children, including babies in utero, are recognised as potential victims of domestic abuse. The assurance that all babies in utero are to be recognised in guidance is very precious. I thank her and her officials for responding so fulsomely. I am so grateful to her for her work in ensuring that the draft guidance will recognise that pregnancy is a specific risk factor that can make victims more vulnerable. This is hugely important because pregnancy, as we have heard during this debate, can be a trigger for domestic abuse. Existing abuse can get worse as well during pregnancy.

I am delighted too that guidance recognises that domestic abuse experienced during pregnancy and in the earliest years is harmful to birth outcomes and babies’ early development, and that trauma-informed support will be available for these families. This is crucial because a mother’s emotional state can have a direct influence, as my noble friend the Minister said, on foetal development and on-going stresses, such as domestic abuse, can disrupt babies’ neural development.

Finally, I am delighted that guidance will recognise that while pregnancy may increase risk of abuse, the interaction with health professionals provides an opportunity for women to seek support, as well as for professionals to reach out to women who may be experiencing domestic abuse. This is a moment for us not to miss. These women are already in the system and standing in front of a professional. We can harness this moment of opportunity to ensure protection for these very vulnerable babies.

I am mindful of the words of warning of the noble Lord, Lord Russell, and the need to remain vigilant on the effectiveness of guidance. I am sure that Ministers who have spoken in this debate will join us in remaining vigilant so that these protections become a reality. There is clearly strong cross-party support to recognise babies and the unborn as potential victims of domestic abuse, and to seize the moment to intervene. at a crucial juncture for parents. I thank the Government for the steps they have taken and given assurances that they will take.

I finally thank the more than 70 experts, doctors and charities of early childhood and domestic abuse who put their names behind this amendment. An extraordinary number of organisations and professionals have backed this, including Amanda McIntyre of For Baby’s Sake, Alison Morton of the Institute of Health Visiting, and Sally Hogg from the First 1001 Days movement. Their work on the frontline is what makes all the difference. I beg leave to withdraw my amendment.

Amendment 7 withdrawn.