Domestic Abuse Bill

Lord Shinkwin Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Andrews (Lab) [V]]

My Lords, I have signed this group of amendments, introduced by the noble Lord, Lord Ramsbotham, with such conviction, because this area of domestic abuse is even more hidden from outside view than is normally the case.

The ability to defend oneself depends so much on the ability to use language—to express grief and hurt and to offer explanation and defence. We know that, for young people and children in particular, communication difficulties—difficulties in being understood and in understanding—can lead to invisibility as well as inaudibility. At worst, they lead to bullying in school and throughout life. These young people live at the heart of a perfect storm. Disabled people, shamefully, as we have learned throughout this debate, experience disproportionately higher and more prolonged abuse. They cannot as easily protect themselves or find protection. Their children, even if not directly abused themselves, will observe all of this—and, equally shamefully, disproportionately. Witnessing a parent being abused is itself the most hideous form of abuse. The children live with this violence and misery as victims and observers, silently and alone.

We can all understand that, but research underpins it and shows categorically that abused children are likely to have poor language and social skills. As research by Refuge has also found, they become afraid of the very people they count on to love them. It is no wonder that pre-school children shrink away into silence. While their disabilities grow worse, other children exposed to domestic violence are likely to be at risk of developing significant speech and language problems. Again, research documents a significant difference in hearing and speech development.

If that is combined with learning difficulties, as is often the case, children neither know what is happening to them, nor can they explain to other people what it feels like, except that many must feel that it is all their fault. The impacts are deep and lifelong. It is hard to imagine the mental torture for a child seeing a parent being violently hurt, and having to stand by, imprisoned by fear and locked in silence. Lifelong impacts must be at least loss of confidence in all relationships, as well as on learning.

We want to take the opportunity in the Bill not just to recognise the particularly vulnerable and dangerous situation that those children and young people face but, through these amendments, to build in agency and capacity for change. The first step must be, as set out in the amendment, to recognise and articulate the issue. The amendment would place a legal duty on the domestic abuse commissioner to ensure that the good practice that the commissioner must encourage has to include the identification of and appropriate support for communication needs. Given that there is no reason on earth why the Government should not accept the amendment, in all humanity, we ask the Minister how she sees this operating in good practice.

Amendment 92 and subsequent amendments in the group would embed agency at the level of local authority and practice, so that the needs of those children are made explicit in the local strategy, ensuring that they have a champion and advocate, a speech and language specialist. Such services are reflected in later amendments dealing with the courts. The Royal College of Speech and Language Therapists put it powerfully, stating:

“It would help support not just those affected by domestic abuse, but also the other professionals working with them to understand the links between domestic abuse and communication needs, how the latter may present and their impact, and how to respond appropriately”.


As with so much in this Bill, every aspect of every abuse that we are seeking to correct has taken on more complexity and urgency. However, this group of amendments has a particular moral force. It is primarily about victims of domestic abuse and their children, who are already at a great disadvantage and not well served by present services. They need extra help in this Bill. Your Lordships can make sure that they get it.

[Lord Shinkwin (Con)]

My Lords, it is a pleasure to follow the noble Baroness, Lady Andrews. I am delighted to be a co-signatory to these amendments as someone who has speech, language and communication needs, and as a proud vice-president of the Royal College of Speech and Language Therapists.

I hope that noble Lords might indulge me if I share a detail of my life that has a considerable bearing on why I am supporting these amendments. Yesterday marked exactly 25 years since I should have died. It is slightly surreal to hear myself say that. Yet I will always remember the answer to my question, “What are the odds on my making a complete recovery from the operation?” The response was to the point: “I am afraid I cannot give you odds on survival”. My life was saved by the incredible skill of my neurosurgeon, Anne Moore, and maxillo-facial surgeon, Daniel Archer, who went through the back of my mouth to access my spine and brainstem. I lived to tell the tale, obviously, but the shock of losing the ability to speak and the immense sense of isolation and vulnerability that went with that will stay with me for ever, as will the trauma of three frustrating years before further surgery enabled me to speak intelligibly again.

To compound the anguish of that experience by adding domestic abuse to the situation hardly bears thinking about. So, while I cannot speak from the perspective of someone with communication needs who has suffered domestic abuse, my personal experience teaches me that the changes outlined so eloquently by the noble Lord, Lord Ramsbotham, and the noble Baroness, Lady Andrews, are needed.

A central lesson, for me, of the Disability Discrimination Act 1995 and the Equality Act 2010 is that change does not happen by accident. It needs to be continuous and to be codified and embedded in practice. So, I support placing a legal duty on the domestic abuse commissioner to ensure that the good practice they are required to encourage includes the identification of and appropriate support for communication needs, in line with the amendment.

The measures provided for by these amendments are necessary. Local domestic abuse strategies need to detail how the local authority will identify and respond to communication needs. Domestic abuse local partnership boards need to include a speech and language therapist. Rules of court must include the provision of appropriate support for those with communication needs, and any guidance issued under the clause referred to in connection with Amendment 187 should include information on the links between domestic abuse and communication needs and, just as importantly, the impact that witnessing domestic abuse, as the noble Baroness, Lady Andrews, explained so clearly, can have on children’s communication needs.