Domestic Abuse Bill

Baroness Bertin Excerpts

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

We heard the Minister say at Second Reading that we should await the expiration of the current community-based support landscape and that, following that, the Government would work with the commissioner to understand the needs and come back with options. However, we have heard tonight and on a number of occasions that the commissioner has said that the Government do not need to await the outcome of this exercise, because there is already strong evidence on the projected demand and actual provision. Will the Minister agree to amend the Bill to embrace community services? If she is not willing to do so, can she say how community services are to be protected?

[Baroness Bertin (Con) [V]]

My Lords, it may be late in the evening but the passion and energy in the speeches we have heard have not dipped at all. I will speak in support of Amendment 176 and join others in sending a very strong message to the Government that decoupling accommodation-based services and community-based services by law could have a severely detrimental effect on the very people this Bill is trying to help and serve to undermine the spirit of this legislation. Others have made such eloquent speeches; I do not want to repeat them given the time of evening, but I support them wholeheartedly.

Introducing a statutory duty on local authorities to provide refuge services is welcome, much needed and based on the right intentions, but refuge is essential for only a small number of domestic abuse victims; far more deserve to stay in their home, as we have heard. Instead, we should remove the perpetrator who has caused the harm. Expecting adult and child victims to leave their possessions, friends, community and family to move to a hidden house with other traumatised victims cannot be the extent of our ambition in this era.

To reiterate a point that many have made in this debate and others, long-term, strategic funding must be put in place for these services. The surge we have seen in this pandemic has placed huge financial pressure on many of these organisations; we must be realistic about that. It is for this reason that many of us this evening, as well as the designate domestic abuse commissioner, are asking for reasonable measures to be put in the Bill to ensure that local authorities take steps to guarantee sufficient provision of specialist domestic abuse support services, not just in refuges but in the community.

Other noble Lords and I have had long and detailed conversations with my noble friend the Minister. I am genuinely grateful for her time and commitment. There is no sense of “the computer says no” or having a tin ear; I know she is listening and cares deeply about this issue.

I know this issue is not straightforward. If it were, the Minister would have fixed it. I back this amendment but a compromise could be made by extending the remit of local partnership boards so they could assess the need for community-based services. This remit could also be extended to reporting back to government on multi-agency working at a local level to help provide greater oversight in ensuring that local partners comply with the statutory guidance accompanying the Bill.

The very essence of this Government’s approach to domestic abuse serves to underline how much value they place on services in the community that seek to prevent and stop the cycle of abuse. The Home Secretary herself spoke about changing the narrative from “Why doesn’t she leave?” to “Why doesn’t he stop?” Community-based services are the answer to this and, if anything, they should be elevated and not downgraded. Therefore, I urge the Government to think again.

[Baroness Benjamin (LD) [V]]

My Lords, I will speak to Amendments 176 and 177 in the names of the noble Lords, Lord Polak, Lord Russell of Liverpool and Lord Rosser, and the right reverend Prelate the Bishop of Derby, to give my support. I declare an interest as a vice-president of the children’s charity Barnardo’s. Barnardo’s and many other charities supporting child and adult victims of domestic abuse support the changes proposed in these amendments.

Following the debate in the other place, the Government rightly amended the Bill so that it recognises that children are victims of domestic abuse and not just witnesses or bystanders. Like many others, I am grateful to see this, as it shows common sense and joined-up policy. I congratulate the Government because the impact of domestic abuse on children must not be underestimated. It is the most common reason for children to be referred to local authority children’s services and it often creates trauma—and childhood lasts a lifetime. However, we know that, with the right support, children can recover from experiences of domestic abuse and can break the cycle and go on to live positive adult lives.

The danger with the Bill as drafted is that it offers this support only to some children, notably those who are in refuges or other safe accommodation. It does not secure support for the majority of victims, including children, who remain in the family home or elsewhere in the community. This can have some very damaging consequences, so we need joined-up thinking here too.

In the current financial situation, where funds are extremely tight and will remain so for some time, resources will inevitably go to services underpinned by a statutory duty. Under the Bill as drafted, the available resources would be concentrated in refuges and safe accommodation; very little would be left for the majority of victims in the community and those who continue to live at home. This could send out the message that in order to access support, you have to flee your home along with your children. This is surely not the message we want to send to victims.

There is a further question of how domestic abuse affects different communities. Evidence from Safelives suggests that victims from black, Asian and other minority communities typically suffer domestic abuse for almost twice as long before getting help, compared with those who identify as white. Disabled victims are often less able to leave their homes, so the impact is especially significant for them too. We also know that in some communities, there is a stigma attached to leaving your home and that services are not always culturally sensitive to this or able to engage effectively with those who need support.

The other problem here is one of missed opportunity. Victims, including children, will not reach the point of support until they are beyond crisis point, which is what often happens at the moment. This means that we miss the chance to support them early, to help families stay together and live in their homes safely, and to prevent the need for costly services.

We need to remember that time is much slower for children. Every day, every week that goes by in a dangerous home without support is eating away at their childhood, causing stress, anxiety and mental problems, and the longer they suffer trauma, the longer it will take to recover. Barnardo’s knows this. This has been the harsh reality for many families during the current lockdown. For all these reasons, it is vital that we use this once-in-a-generation Bill to secure support for all victims, adults, and children especially, from all backgrounds, wherever they live. This is why I support these amendments. They will help to make sure that support is available in the community, where it is desperately needed. I have much respect for the Minister and I hope that she and the Government will show compassion, consideration and empathy in the Bill for these vulnerable, forgotten victims who suffer domestic abuse while living in their own homes or in community-based services.