Domestic Abuse Bill

Baroness Andrews Excerpts

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

[Baroness Andrews (Lab) [V]]

My Lords, this Bill really has been a long time in the making, but the problem it addresses is as old as time. It is a good Bill for all the reasons so many noble Lords have said, but there are still gaps that reveal the difficulties in crafting legislation to deal with that most basic and worst of human instincts: the desire to exert power and control over those who cannot defend themselves.

As so many noble Lords have said already, the Bill is dreadfully timely. At this point in our national history when we are thrown literally on to our own resources, and when the differences in what we are and what we own are so devastatingly clear, both the best and the worst of our characters are revealed. In the past year we have seen the best of humanity, but also evidence that shows that it has increased the danger to those who are already in fear of their life in the family home.

Moreover, as other noble Lords pointed out, significant omissions have been identified by the sector and academics working in this area. I am extremely grateful for all the briefing I have received, not least on the need to extend the Bill to cover non-fatal strangulation and the particular vulnerability of people with communication difficulties, who, as the Royal College of Speech and Language Therapists identified, need very specific support. I will support any amendments to address these issues in Committee.

One outstanding omission was addressed but not resolved in the other place. There is no doubt that abuse is not wholly or even mainly physical. Harassment, emotional starvation, gaslighting, and constantly controlling and coercive behaviour have taken time to be identified as equally and lifelong harmful. In 2013 it was identified as a pattern of deliberate domination. It is obviously difficult to police because it is often invisible to anyone outside the relationship. It is also lethal: contemporary research shows that abusive control in a relationship is a better indicator of homicide than evidence of physical violence.

In 2015 it was made a criminal offence by Section 76 of the Serious Crime Act. However, while that new offence has enabled the police to better protect victims, it has proved seriously deficient because the definition of “connected person” in Section 76(2) has a residency requirement, which means that if a survivor has separated from his or her abusive partner the police can no longer use Section 76 to prosecute the abuser.

The consequences are only too predictable. Women—it is usually women—leaving refuges or other safe places are at their most vulnerable. They are removed from emotional, physical and legal protection, are looking for safe and affordable accommodation, often with their children, and are suddenly prey once again to the abuser. This is not speculation. It is based on sound research by leading university experts who have demonstrated that coercive control actually increases after the end of the relationship and takes different forms, particularly economic and financial abuse. The existing laws on stalking and harassment do not cover the situation, and neither does the definition of economic abuse, which is simply too narrow. Research also shows in this instance that economic abuse is also more prevalent post separation.

One case study from the charity, Surviving Economic Abuse, illustrates this. Leslie was with her abusive partner for over 10 years and was the main earner. She put up with physical and economic abuse and, after she left the abuser, he transferred all their money, refused to pay bills and took out loans. The result was homelessness and destitution. It is a personal but not a unique story. Those problems have been identified; they are clear, they are practical and they can be solved. Amendments were laid in the Commons and I am sure that similar ones will have the support of the key organisations in this field.

This is a good Bill that is desperately needed, but the wisdom and expertise of this House can make it better.

Domestic Abuse Bill

Baroness Andrews Excerpts

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

[Lord Ramsbotham (CB) [V]]

My Lords, in moving Amendment 22 I will speak also to Amendments 92, 105, 110 and 187, which are in my name and those of the noble Baroness, Lady Andrews, my noble friend Baroness Finlay of Llandaff and the noble Lord, Lord Shinkwin. In doing so, I declare my interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties. Unfortunately, I was unable to trail these amendments at Second Reading, for which I apologise to the Committee.

My co-chair, Geraint Davies MP, and I wrote to the Home Secretary in June, appealing to her to place a duty on the domestic abuse commissioner and local authorities to ensure that good practice should include the identification of, and appropriate support for, communication needs. We also appealed to her to allow victims of abuse, with communication disabilities and needs, to be allowed to give evidence in court in private. We also asked that speech and language therapists should serve on domestic abuse local partnership boards. We received a reply to this in September from Victoria Atkins MP, the Minister for Safeguarding, in which she said that the Government continued to prioritise improving speech and language outcomes, based on early identification and targeted support.

I well remember being introduced to the importance of having communication needs addressed by two cases when I was Chief Inspector of Prisons. The first was a woman who had been beaten into dumbness by her abusive partner. The creative writer at her prison encouraged her to express her feelings in poetry, which she then gave to other women to read out. One day the creative writer asked the woman herself to read her poem, and she found that she was able to. Her dumbness having been cured, the authorities could work with her. The same thing happened to a young offender who had been beaten into dumbness by his abusive father. Thanks to a speech and language therapist, the authorities were then able to plan a future that did not include return to his family.

I return to the amendments, which seek to flesh out the contents of our letter to the Home Secretary. Amendment 22 seeks to put the identification of and response to speech and communication needs into the Bill. Amendment 92 seeks to introduce local authority responsibility. Amendment 105 seeks to include speech and language therapists in domestic abuse local partnership boards, while Amendment 110 seeks to ensure that those with communication needs are provided with appropriate support in court. Amendment 187 adds the impact on children of witnessing domestic abuse to the importance of assessing the communication treatment that a victim may need. I beg to move.

[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.

Domestic Abuse Bill

Baroness Andrews Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 1st February 2021 Lords Chamber

[Lord Ramsbotham (CB) [V]]

My Lords, in begging leave to move Amendment 90—which I am most grateful to the noble Lord, Lord Rosser, for trailing and which might, with advantage, have been included in the group containing the other amendments on speech, language and communication needs that we considered in Committee last Wednesday—I declare my interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties.

Since our considerations in Committee last Wednesday, I have studied in great detail the responses of the noble Lord, Lord Parkinson of Whitley Bay, on some of which I shall now comment. The Minister said, inter alia:

“Those facing communication barriers are, arguably, some of the most vulnerable victims of domestic abuse … there is an important balance to strike between providing local authorities with the flexibility to meet particular local needs and … a consistent approach to the provision of support.”


He sought to reassure the Committee that

“the Bill already provides a framework to ensure that the speech, language and communication needs of victims are addressed.”—[Official Report, 27/1/21; cols. 1635-37.]

The provision of information in an accessible and inclusive format is one item that would benefit from a consistent approach to the provision of support. Because I am not reassured that the Bill covers this, I beg to move Amendment 90.

[Baroness Andrews (Lab) [V]]

My Lords, following the helpful debate on the associated amendments last Wednesday, it is quite useful that we now have this debate on Amendment 90, specifically on how to support people with disabilities, particularly speech and language difficulties, with practical support for communication at the point at which they are seeking help.

With the best will in the world, there is little point in the agencies that are there to support them—whether they are specialist charities or local authorities—if those who are at greatest risk do not know, cannot follow or act on, cannot understand, cannot access and cannot make use of who can help them and how. The amendments debated last week had the powerful support of the UK Says No More campaign. This amendment is no exception, because it holds the key to getting help when it is most needed.

I am afraid the predictable response from government may be to say that information is available in different languages and sign language, but I say what the specialist groups in the field say: this simply does not go far enough. A leaflet, no matter how plain the language, would never be a substitute for the sort of help that can be provided only by a sympathetic advocate who takes the person by the hand along the pathway to safety. That is why we have given such priority to the service itself employing speech and language specialists.

We want to see any kind of communication in an easy-read format, obviously, but also made accessible on augmentation and alternative communication devices. But the idea that all problems can be solved by the written word, however plain the language—that is, of course, the first and most basic requirement—or even sign language, is simplistic and out of date.

Many people with speech and language difficulties are capable of—and even more dependent than the rest of us on—using technology, but emails, advice and all communications need to be jargon free. Where possible, signs and symbols can be used. It requires knowledge and empathy to get this right, but they are not in short supply and the Bill can benefit from them.

Domestic Abuse Bill

Baroness Andrews Excerpts

Report stage
Wednesday 17th March 2021 Lords Chamber

[Lord Ramsbotham (CB) [V]]

Amendment 92 is in my name and those of the noble Baronesses, Lady Finlay of Llandaff and Lady Whitaker, and the noble Lord, Lord Shinkwin. As in Committee, I declare an interest as co-chair of the All-Party Parliamentary Group on Speech and Language Difficulties.

In Committee, I tabled a number of amendments designed to have the speech, language and communication needs of victims of domestic abuse and their children included in the Bill. I am most grateful to the noble Lord, Lord Parkinson of Whitley Bay, for his response in Committee and for seeing me and a number of colleagues last week to discuss how this might be taken forward. I was particularly pleased to hear that officials were studying the issue, and I am pleased to learn from them that the Government are thinking of making revisions to the Bill before Royal Assent.

When moving a previous amendment, I reminded the House that many noble Lords often raised matters which they thought should be on the face of legislation during the detailed scrutiny that each Bill received in this House, which Bill teams almost invariably briefed their Ministers to turn down, but the method behind the apparent madness of the proposers of such amendments was that officials cannot be expected to know as much detail as professionals in the field, and their successors may well be grateful for having had their attention drawn to particular detail.

One example of this was quoted by the noble Baroness, Lady Newlove, very movingly on the first day on Report, when she referred to the traumas suffered by one of her daughters after witnessing the horrific murder of her father, following which she required speech therapy. If the traumatic effects on children of witnessing horrific events such as domestic abuse had been set down somewhere, officials might know what to advise the victims. It makes sense for a Government to draw on the advice of experts in drawing up a Bill and, as they draw up this piece of legislation, I appeal to them to listen to the expertise of the Royal College of Speech and Language Therapists, I CAN, the leading children’s communication charity, and the Association of Youth Offending Team Managers, all of which support the amendment.

The ability to communicate is a vital life skill, and early speech and language training an important factor in every child’s health and development—which I am glad the Minister recognises. As I said in Committee, those victims of domestic abuse who also face communication barriers are arguably among the most vulnerable, given the added difficulties that they face in asking for help. This is why the Government should make it abundantly clear that local authorities should consider what additional barriers they may have erected, preventing victims seeking refuge or access to other, safer accommodation services.

I have gone on quite long enough. My amendment is designed to provide a new opportunity for the Government to set out how they propose to issue guidance to local authorities under Part 4 of the Act. There are four aspects to any guidance, which will each be covered by a following speaker. The first is the link between domestic abuse and speech, language and communication needs. The second is the impact of witnessing domestic abuse on children’s speech, language and communication needs. The third is the services available to support people with speech, language and communication needs who are experiencing domestic abuse; and the fourth is how support provided by local authorities can be made inclusive and accessible to people with speech, language and communication needs. I beg to move.

[Baroness Andrews (Lab) [V]]

My Lords, it is a pleasure to follow the noble Lord, Lord Ramsbotham, and to support the work that he has done on this amendment from the start of the Bill. I will not repeat the arguments for the amendment because, frankly, I think the Government have got the point that children and adults with speech and language difficulties are at greater risk of abuse than others and are therefore among the most vulnerable victims of domestic abuse. They have asked for, deserve and should now be given extra protection. In the debate we have heard powerfully from many noble Lords how much support there is for action in this Bill which will help these children and adults, because they face not only physical abuse but collateral dangers such as other mental health issues, substance misuse, literacy difficulties, learning disabilities, brain injury, neurodiversity, cognitive issues and, for many, rough sleeping and homelessness.

Including references to speech, language and communication needs in the Bill’s statutory guidance is what we are after. If we do this, we can ensure that the issues can be properly addressed so that some of the most vulnerable people can access the support that they need. I think the Government will say this evening that they have listened, but what we are listening out for is assurances that the guidance itself will be explicit on this point.

To make the Government’s task easier, the Royal College of Speech and Language Therapists has done the hard work. The experts to which the noble Lord, Lord Ramsbotham, referred have suggested a few specific ways of strengthening the guidance, and we are all grateful to them for their thoughtful and expert help throughout this Bill. They suggest:

“The Draft Statutory Guidance Framework might be strengthened by specifically referencing speech, language and communication needs in the following ways”,


I ask the House to bear with me while I read what they said. In chapter 2, “Understanding Domestic Abuse”, they said:

“Referring to speech, language and communication needs as a separate and specific intersectionality, inserting in Paragraph 58 that they are one of the barriers to people leaving … inserting in Paragraph 79 that they are one of the specific impairments that may result in people experiencing abuse.”


In chapter 4, “Agency Response to Domestic Abuse”, they suggest:

“Inserting in Paragraph 176 that they are a specific vulnerability and a barrier to disclosing information and seeking support”.


Finally, in chapter 5, “Commissioning Response to Domestic Abuse”, they say:

“Inserting a reference in Paragraph 232 that they are one of the diverse needs to which local strategies and services have to respond … Inserting a reference in Paragraph 247 that they are an additional barrier that people experiencing domestic abuse face. The Government could also usefully commit to ensuring that the national statement of expectations, which is due to be published later this year, references speech, language and communication needs.”


I will press the Minister to give us an answer, because these are modest but powerful changes. They should be accepted and incorporated in the guidance. As I said, this hard work has already been done for the Government. It is the least that the Government can now do. Having recognised that there is a specific problem, it can be addressed here, even if not entirely solved. We seek the Minister’s assurances that he will absolutely do this.