Domestic Abuse Bill

Debate between Baroness Watkins of Tavistock and Lord Curry of Kirkharle

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

[Baroness Watkins of Tavistock (CB) [V]]

My Lords, it is a pleasure to follow so many eminent speakers. I support these amendments, which have been carefully designed and described by my noble friends Lady Campbell of Surbiton and Lady Grey-Thompson, together with the noble Lord, Lord Shinkwin, and the noble Baroness, Lady Wilcox of Newport.

We have heard three moving and compelling speeches from experts with lived experience. I thank my noble friend Lady Campbell for the bundle of information she sent ahead of this debate, for her rigour in representing the interests of disabled people and for highlighting that their relationships with non-family caregivers are analogous to the other relationships that fall within the definition of “personally connected” for the purposes of Clause 2(1) of the Bill.

Legal advice has suggested that a failure to bring the relationship between disabled people and their carers within the scope of Clause 2(1) could result in unlawful discrimination against disabled people, contrary to Article 14 of the European Convention on Human Rights when read with Articles 3 and 8. Could the Minister address that point when summing up? I am certain that all Members of the House would wish any anticipated discrimination to be avoided in the drafting of the Bill.

[Lord Curry of Kirkharle (CB) [V]]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Watkins. I declare an interest as vice-president of Livability.

I very much support the intent in this group of amendments tabled by the noble Baroness, Lady Campbell of Surbiton, who presented the case so ably at the beginning of this debate. As the parent of a child with a severe learning and physical disability, I know from personal experience the potential risks associated with those who are responsible for the care of disabled persons. In addition, having established a charity responsible for providing care for adults with learning disabilities in the north-east of England called At Home in the Community, I know how sensitive and tense the relationships can be between parents and a disabled son or daughter, between carers and the disabled person and between carers and parents. The frustrations of providing care for a disabled person whose behaviour can be immensely challenging and demanding can boil over, no matter how much they are loved. They can become the innocent third party in abusive relationships and suffer abuse themselves as a consequence.

Sadly, multiple reports over the years have shown that disabled people are much more likely to suffer abuse for longer periods of time. Many individuals are unable to communicate verbally, so identifying abuse can be difficult. Often unable to protect themselves, they can become very isolated and introverted. The vulnerability of their situation can lead to reliance and dependency on the very person being abusive. We had a case within a managed care home of abuse by a hitherto trusted member of staff who manipulated residents over a number of months before detection.

For many residents of care homes, the home they live in is their home. We had cases of individuals whose parents had both sadly died, so their carers and fellow residents were their family. Support in the care sector, whether in a family home or residential care home, relies on the dedication and integrity of mostly—one has to say sadly—low-paid care staff, most of whom are brilliant and support their vulnerable people marvellously. Sadly, however, some do abuse. Drawing attention to this and making provision for it in the Bill is an important step in mitigating it and preventing it from continuing. I hope that the Minister supports this amendment.