Baroness Burt of Solihull
Main Page: Baroness Burt of Solihull (Liberal Democrat - Life peer)Domestic Abuse Bill
Baroness Burt of Solihull Excerpts“Code of practice: employer’s duty of care
(1) In this section—(a) “worker” means an individual who has entered into or works under a contract of employment or any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertakes to do or perform personally any work or services for another party to the contract whose status is not by virtue of the contract that of a client or customer of any profession or business undertaking carried on by the individual; and(b) “employer” means the person to whom the worker undertakes to perform the work or services in question.(2) The Secretary of State must issue a code of practice (a “code”) containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer in relation to their work.(3) A code may include provision requiring an employer to make reasonable adjustments for the purpose of ensuring that persons affected by domestic abuse are not, by reason of being so affected, placed at a substantial disadvantage in relation to their work in comparison with persons who are not so affected.(4) The Secretary of State may revoke or amend a code.(5) Before issuing, revoking or amending a code the Secretary of State must— (a) issue proposals, and(b) consult the Commissioner and such other persons as the Secretary of State thinks appropriate.(6) Failure to comply with a provision of a code does not of itself make a person liable to civil or criminal proceedings; but a code shall be—(a) admissible in evidence in criminal or civil proceedings, and(b) taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant, including (in particular) any case in which a question arises as to whether an employer is in breach of a duty of care owed to a worker.”Member’s explanatory statement
This amendment would require the Secretary of State to issue a code of practice containing provision designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support from their employer.
Baroness Burt of Solihull (LD)
My Lords, I start by thanking the noble Baronesses, Lady Meacher and Lady Bennett of Manor Castle, for their support of this amendment. Time is getting on and we have a lot to go through tonight, so I promise I will not detain the House by repeating the arguments I used in Committee.
I am very encouraged by the letter I received from Minister Scully outlining all the steps that the Government have taken and are taking to make employers aware of what they can do to support victims and signpost them towards help. I also commend the Government on their recent review, Workplace Support for Victims of Domestic Abuse. As we know, the workplace is one of the few places where the victim is usually separate from the abuser. If the workplace culture is positive and the employer knows how to help by signposting the victim, this can make all the difference. Sadly, the review outlined a mostly different picture: a lack of awareness of the warning signs of abuse; stigma around talking about it; and a lack of knowledge of what to do to help.
In his letter to me, Minister Scully said:
“We will now work together with employers, representatives of victims and trade unions to continue to build awareness and understanding of domestic abuse and drive good practice across the board.”
The Chartered Institute of Personnel and Development and the Equalities and Human Rights Commission have produced an oven-ready code of practice. It is only one small step to put implementation into government guidelines on duty of care. What will these guidelines consist of? Will they be incorporated into the other duties of care required of employers? If not, what will it look like?
Regrettably, this knowledge will not filter down to employers by osmosis. We need one small step, such as a government extension of the duty of care to extend to larger organisations incorporating a policy on employee domestic abuse victims into their existing employee policies. That in itself would send a powerful signal not just to victims but to abusers that this behaviour is not okay and that help is at hand. Now, when employees are coming back to work, is an ideal time to welcome them with a policy that confirms their self-worth and the fact that they are regarded and cared for.
The Government have made great strides already. The establishment of a code or duty is just half a step more. The result is a big benefit for all concerned: employees who feel able to bring their whole selves to work; other employees who also feel valued and supported; and, not least, employers, who reap the rewards in terms of enhanced loyalty and productivity. It is a win-win, and the only cost to the employer is a little thought. I beg to move.
Lord Hunt of Kings Heath (Lab) [V]
My Lords, I am very glad to speak in this debate. I thank the noble Baroness, Lady Burt, for moving the amendment. I was very pleased that the Government confirmed in Committee that domestic abuse protection orders would cover the workplace as well as the home. This is a very important step in ensuring that victims remain protected at work, and it is a first step to ensuring that domestic abuse is seen as a workplace and trade union issue. Home and work cannot be neatly separated, and this has never been truer than during the Covid pandemic.
I declare my interest as a member of UNISON, and I was particularly pleased that its campaign was so successful. I warmly congratulate its new general secretary, Christina McAnea.
There is no room for complacency, as the noble Baroness said. I am certainly convinced of the need to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them. I have already said that home and work issues cannot always be neatly separated. Abusive and violent behaviour does not always take place in the home; it can frequently cross into the workplace, where victims experience stalking, threats, harassment and even worse. Equally, work can be a lifeline to independence and survival for victims of domestic abuse, as they are ordinarily able to leave their homes to go elsewhere and can maintain a level of income independent from the perpetrator.
All victims should feel safe in the knowledge that they can take action to put their lives back on track with their employment secure, and that they will be protected while they are at work. The Government have a responsibility to ensure that victims of domestic abuse are protected at work and that their employers do everything they can to support them.
We know from a TUC survey from 2015 that one in 10 of those who experienced domestic violence reported that the violence continued in the workplace. Over 90% of respondents to the survey who had experienced domestic violence reported that it had caused conflict and tension with co-workers, and a quarter of respondents reported that their co-workers were harmed or threatened.
This is where discussion about the code of practice comes in. The requirement that the code should be
“designed to ensure that persons affected by domestic abuse who are workers receive appropriate care and support”
is certainly an interesting suggestion. From listening to the noble Baroness, Lady Burt, I can certainly see the attractions of a code of practice. As she said, she has had discussions with relevant organisations on it.
However, I put to the noble Baroness the risk that, in any criminal or civil proceedings, compliance with the code by an employer may become the issue, rather than the domestic abuse carried out by a perpetrator. In the experience of UNISON, with which I have discussed the amendment, the introduction of a policy would seem to be much more effective in encouraging victims to volunteer that they are affected by domestic abuse, enabling referral to appropriate support agencies. In other words, while employers must ensure that they are meeting their duty of care, this might be seen as a blunt instrument. But I recognise that it is being moved with the best of intents and, in the work that goes forward, I am sure that it will be important to consider a code alongside the other measures that are clearly important to take.
Baroness Burt of Solihull (LD)
My Lords, I am very grateful to all noble Lords who have spoken this evening. Their knowledge always delights and surprises me, and we have heard knowledgeable contributions tonight from different perspectives.
I thought the contribution of the noble Lord, Lord Hunt, was very perceptive; he said that you cannot separate home from work. One of the things on which I probably bore for England is the fact that work is so important—you cannot just be a different person when you go to work; you have to bring your whole self.
We learned from the noble Earl, Lord Lytton, about the experience of small businesses. He expressed one or two concerns. I do not think the code was intended for implementation straightaway, certainly for small businesses—larger businesses will have to show the way.
My noble friend Lady Hamwee talked about how the code of practitioners would be welcome to employers; it is a help, not an effort to dictate to them. That theme was echoed by the noble Baroness, Lady Bennett; employers would certainly reach out for a guide, because of the lack of knowledge within companies.
I loved the comment of the noble Baroness, Lady Meacher, that it costs nothing to the Government—it also costs very little to employers—who reap the reward many times over in the savings and in terms of misery to them and to the country. Figures of £1.3 billion to the police and £14 billion to the country were given. There are also examples of what companies are doing already, which demonstrates the willingness and thirst to embrace that code of practice and to incorporate that duty of care into the other duties of care that employers have.
The noble Lord, Lord Kennedy, made a number of very supportive comments, for which I am grateful.
In conclusion, I want the Government to accept the proposal for a code of practice. It does not have to be in this Bill; I am persuaded of that because of the progress they are making. Taking all that into consideration and having raised the issue, I am hopeful that this will spur on the Government, the trade unions and other organisations to start to look at the practicalities of how a code would move things forward and all the different things they can do to embrace and understand how employers can help. With that, I beg leave to withdraw the amendment.
Baroness Finlay of Llandaff (CB) [V]
My Lords, this amendment is important and it has been carefully worded to cover all the suggested improvements, as my noble friend Lord Ramsbotham said. It must be incorporated into guidance to prisons. The victim of a domestic abuse brain injury, normally a woman, may suffer memory loss, get confused and her speech become slurred because of brain injury. There is no physical wound or bruise; the damage is internal and invisible. Some in the criminal justice system doubt her because she appears confused and disorganised through loss of some executive functions. The brain injury remains unrecognised, and most victims will never have consulted a doctor, often through fear of talking about the abuse.
The Disabilities Trust’s work in Drake Hall prison which my noble friend Lord Ramsbotham referred to found that 64% of women prisoners coming on to the secure estate for the first time had a brain injury, and almost two-thirds were from a domestic violence incident. Some 40% of the women had a traumatic injury labelled as a mental health diagnosis, and for many this was the first time anyone realised the cause of their behavioural symptoms. Similar work with male prisoners has verified exactly the same situation.
Women who have experienced domestic abuse need treatment. They may need surgery to remove a chronic clot on the brain, and they certainly need neurorehabilitation services to understand the condition and cope with it. As I said, the data from male prisoners is similar, and it is similar in young offenders too: around 40% have an acute brain injury affecting their behaviour.
We cannot ignore the size of the problem, with almost two-thirds of women having a brain injury that came about from domestic abuse. This must be incorporated into guidance. I feel that if the Government will not agree to do that, my noble friend will be forced, unfortunately, to divide the House.
Baroness Burt of Solihull (LD)
My Lords, it is a pleasure to follow the noble Baroness, Lady Finlay, who is so immensely knowledgeable in these matters. I recall clearly the debate we had in Committee and what we learned about the shocking prevalence of acquired brain injury among prisoners and domestic violence victims alike.
As regards this amendment, women victims should be screened if they have been subject to domestic abuse, including women in prison. The amendment sets out quite strong qualifying criteria for screening and treatment for whether the woman qualifies as a domestic abuse victim.
In Committee, the noble Baroness, Lady Finlay of Llandaff, expressed concern about the practicality of being able to perform scans within two weeks, given the large waiting lists, which have been made appreciably worse by the pandemic. She also cast a depressing light on the fact that much acquired brain injury is irreversible. Therefore, I believe it is a balance between what is practical and what is desirable.
However, we know that productive discussions have been had by the Safeguarding Minister, with the noble Lord, Lord Ramsbotham, and Chris Bryant MP in the Commons. The noble Lord has done a great service to the House in raising this issue, and I greatly commend the work he has done over many years to raise awareness of the importance of acquired brain injury.
The noble Lord also secured a commitment from NHS England and NHS Improvement to add further questions to their existing screening tool to identify how an acquired brain injury occurred and whether violence was involved. He told the House about the extensive health examination given to new prisoners. That has certainly improved since my prison days. Much seems to be being done—or planned—by the NHS through non-legislative means. I agree with the noble Lord, Lord Ponsonby, who spoke in Committee, that it is not totally necessary to include this amendment in the Bill.
Lord Ponsonby of Shulbrede (Lab) [V]
My Lords, I too pay tribute to the noble Lord, Lord Ramsbotham; he has a long-standing interest in this subject and I have heard him bring it up in other forums many times. As he said, he has worked constructively with Chris Bryant in another place; they have worked in tandem in bringing this issue to the fore and to the attention of Ministers. I am glad that the noble Lord, Lord Parkinson, has met the noble Lord, Lord Ramsbotham, and maybe the noble Baroness, Lady Finlay, as well.
Baroness Whitaker (Lab) [V]
My Lords, I am very pleased to add my name to this amendment, so ably moved by the noble Baroness, Lady Bennett of Manor Castle. It is high time that the rights of children in respect of assault were given proper recognition. Of course, such assaults—otherwise termed corporal punishment—were not always regarded as wrong, and I can see that some people still do not regard them as wrong, but norms change, thankfully. Some newly accepted norms we think important enough to put into law, so that we can affirm them as a society. This particularly applies to instances of violence, which we have heard a lot about in this debate. Duelling was acceptable until it was made illegal, and indeed corporal punishment in schools was common until it was legally banned, as it was eventually—though shamefully late—in institutions for children with learning disabilities. Smacking within the family was accepted until the last Labour Government took the small step of banning it, but only if it left a mark—an odd concept in these days of valuing diversity of colour, as my noble friend Lady Howells, now retired, pointed out.
Of course, conduct does not always follow the law, which is why enforcement is a necessary corollary, but in this case the law lags behind popular opinion. When I last looked at the subject, the majority were in favour of making smacking illegal. Libertarians might argue that if the norm is changing, why have a law? Indeed, we have heard some even more extreme arguments this evening. I think the contemporary answer is that in a diverse society, if generally agreed changes in conduct are not given a push, traditional forms of behaviour, rather than the fast becoming socially accepted standard, will still prevail and harm children. Now, more than ever, we need laws that unite us and affirm the important values of dignity and respect for others, especially if they are weaker, smaller or more vulnerable. It is time for assault on children to be banned everywhere.
Baroness Burt of Solihull (LD)
My Lords, what a very interesting debate this has been; I did not expect this. I am grateful to the noble Baroness, Lady Bennett, for tabling the amendment. I also commend the work of my noble friend Lady Walmsley, who first raised this issue 20 years ago. The statistics I have show that 20 years ago some 80% of the public thought hitting a child should be illegal. What has happened in the intervening years to warrant parents’ outrage—as described by the noble Baroness, Lady Hoey—at the prospect of not being able to smack their children, I am not entirely sure. As I have been involved in this subject before, I was surprised to learn that the corporal punishment of children is not illegal already. It contravenes the UN Convention on the Rights of the Child, as the noble Baroness, Lady Lister of Burtersett, reminded us.
Turning to the reasoning for amending this Bill now, we know that violence begets violence, as described so eloquently by the noble Baroness, Lady Finlay. As she said, there is a pandemic of violence in this country and the vast brunt of domestic abuse falls on women, having been perpetrated by men. It has been a distressing experience for me to have to go through all the ways and circumstances in which this happens, but those who perpetrate violence always pick a victim weaker than they are. Some men do it to women, but some men and women do it to children.
Baroness Hodgson of Abinger (Con) [V]
My Lords, I am pleased to speak to these amendments, so ably introduced by the noble Baroness, Lady Greengross. The hour is late, and I do not wish to add much to what has already been said. In Committee, I highlighted that:
“How we treat our vulnerable is a reflection of our society … We need a zero-tolerance attitude to abuse, whatever the age of those involved.”—[Official Report, 10/2/21; col. 400.]
When we last debated this issue, the Minister said that local authorities are already equipped with the powers in Amendment 83 and that “the police and others” already have the right of entry in Amendment 84.
I agree with the noble Baroness, Lady Greengross, that, in spite of this, there are still problems. The elderly are among the most vulnerable in our society, and it is important that they are adequately protected. As such, I hope the Minister will be able to highlight today how protection for the elderly will be strengthened.
Baroness Burt of Solihull (LD)
My Lords, this is one of the few amendments to the Bill that are intended to address elder abuse, and I commend the noble Baroness, Lady Greengross, for her years of campaigning for older people. Clearly, it is a big problem, with stark findings from the charity Hourglass that one in six adults over 65 has suffered some form of abuse, and 40% of this is financial abuse.
At previous stages the noble Baroness the Minister did not seem particularly sympathetic to these amendments, citing systems and procedures already in place for spotting and reporting signs of financial abuse in local authorities. But in her subsequent letter to the Minister, the noble Baroness, Lady Greengross, counterchallenges that duties under the Care Act 2014 are not implemented consistently by local authorities. I wonder if the noble Lord the Minister recognises this picture. Would he be willing to commission some investigation to check this out? I was mollified by the words of the noble Baroness the Minister in Committee, but now I wonder.
Regarding powers of entry, the Minister expressed concern in Committee that social workers are not trained for effecting entry and may be putting themselves in harm’s way. In her follow-up letter, the noble Baroness, Lady Greengross, counters that it is naive to imagine that social workers are never in harm’s way and are unused to facing confrontational situations in the course of their job anyway. In the letter, she says that
“powers of entry are only given to the police in cases where ‘life and limb’ are at stake.”
So there appears to be a gap between police powers to act and refusal to allow entry to the social worker by a suspected controlling abuser.
The noble Baroness compares safeguarding powers in Scotland and Wales to those in England and finds them wanting. Would it not be possible to look at this again? I would be very interested to know how often powers to enter are needed and sought. I hope the Minister can enlighten the House so that we might understand the scale of the problem. On the one hand, we have the evidence of Scotland, where the knowledge that the social worker has the power to enter creates an expectation that they may enter, as mentioned by the noble Lord, Lord Rooker; but on the other, there is the risk to the social worker to consider, as outlined by the noble Baroness the Minister. I am a bit more ambivalent this time around, and I look forward to hearing what the noble Lord the Minister has to say.
Lord Rosser (Lab) [V]
Amendment 83, moved by the noble Baroness, Lady Greengross, would require a local authority to ensure that, where any of its employees suspects in the course of carrying out a financial assessment for adult social care that a person is the victim of domestic abuse, the employee reports the suspected abuse to a social worker or the police. Amendment 84 would give a magistrates’ court the power to permit a registered social worker to enter a premises by force if the social worker has reason to believe an occupant may be a victim of abuse, and they have been refused entry by other occupants.
We are of course very much of the view that everything must be done to reduce the incidence of domestic abuse, not least domestic abuse against older people, who can be particularly vulnerable and against whom such abuse can be even more of a hidden crime than abuse experienced by younger people. I pay tribute to all the work that the noble Baroness, Lady Greengross, has done over many years on behalf of older people to ensure that their interests and concerns are not overlooked and forgotten.
A statutory duty under the Care Act 2014 already exists on local authorities to make inquiries where they suspect abuse, although apparently performance on this varies considerably. Ensuring that employees can recognise the signs of domestic abuse, and then report it, is a training issue, and we have already had debates on the importance of training, led by my noble friend Lady Armstrong of Hill Top, when certain assurances were given by the Government. Reporting abuse, what happens to investigate and deal with it once it has been reported, and the priority it is given, are crucial. A key factor is multiagency working and ensuring that an awareness of abuse runs through every agency. It is crucial that this is monitored effectively to ensure that it is working properly.
The noble Baroness, Lady Greengross, said that she does not intend to press her amendments to a vote, following discussions with the Government, presumably in the light of what was said by the Government during those discussions. I presume that in their response the Government will refer to any undertakings that they have given, and I am sure that the noble Baroness, Lady Greengross, will not be the only one monitoring the impact of any such undertakings.