Domestic Violence and Abuse

Baroness Gale Excerpts

Thursday 6th July 2017 Lords Chamber

[Baroness Gale (Lab)]

My Lords, I thank the noble Baroness, Lady Manzoor, for bringing this important debate before us today. It is the latest in a list of debates that we have had on this topic over many years. However, it is an important debate and hopefully we can highlight and deal with some interesting matters.

The noble Baroness, Lady Manzoor, referred to zero tolerance. There is more than one form of domestic abuse. Although many people still think there is only one form—a man hitting a woman—we know that there are many forms of domestic violence, which can be psychological, physical, emotional, financial or sexual. It is a largely hidden crime but it can take over every aspect of a victim’s life.

I know these figures have been given by nearly everyone who has spoken today, but on average two women are killed by their partner or ex-partner every week in England and Wales. That figure has remained about the same for many years. I hope that one day it will be reduced.

Domestic abuse-related crime makes up 10% of total crime and, on average, the police receive more than 100 calls relating to domestic abuse every hour. Domestic abuse exists as a form of violence against women and girls and results from the deeply ingrained inequality between men and women in society. Domestic violence discriminates between genders—it is a gendered crime. The Crown Prosecution Service reported 100,930 prosecutions for domestic abuse in 2015-16. Where gender was recorded, 92.1% of defendants were male and 7.9% were female.

This debate is even more relevant given the report released yesterday by the Inspectorate of Constabulary and the Crown Prosecution Service Inspectorate. It highlighted how the police and prosecutors are letting down victims of harassment of stalking. My noble friend Lady Royal and the noble Baroness, Lady Brinton, eloquently spelled out exactly what the report indicated. Hopefully it will be looked at carefully. I pay tribute to both noble Baronesses for the great work they have done in this field in highlighting the issue and for bringing to the House horrendous statistics and stories about how the police are reacting. Listening to those stories was horrifying for me—and, I am sure, for all noble Lords.

The report shows a lack of understanding of stalking and domestic violence and reinforces the need for specialist understanding, training and services to properly deal with these crimes and, more importantly, to help and protect victims. The report showed that, in 95% of the case files reviewed, care for the victim was deemed inadequate. These crimes are often missed or misunderstood by the police and the CPS. The crime survey for England and Wales 2016 indicated that one in five women and one in 10 men aged 16 to 59 had experienced stalking behaviour since the age of 16.

The Government’s commitment to tackling domestic violence is welcome and their domestic violence and abuse Bill, promised in the Queen’s Speech, is a real opportunity for us to change the way we identify and respond to domestic violence. I hope that it is not just a consolidation of our current legislation. We welcome the Bill, but it must go further than the justice system. Victims of domestic abuse need support in a multitude of ways. They need support with accessing mental health services, bank accounts, safe housing and welfare provision.

It was Labour that first proposed a violence against women and girls Bill in 2014 and the pledge appeared in our 2015 manifesto—as did proposals to appoint a commissioner and set minimum standards in tackling domestic and sexual violence and abuse. We welcome the commitment to a domestic violence and abuse commissioner. It is important that they are a representative of victims and survivors. Is the Minister aware that in Wales a national adviser has been appointed to advise Welsh Ministers to pursue the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015? Has the Minister had any discussions with Welsh Ministers to see how this is working and whether what the Government are proposing is something similar? A key element of the law should also be to monitor the statutory agencies and hold them to account. Will the Minister confirm that this will be a key part of the role, particularly in light of the report from the Inspectorate of Constabulary and the Crown Prosecution Service Inspectorate?

Legislation is one step, but in addition we must ensure that resources are available to put in place a complex web of specialist services needed to ensure that victims of domestic violence get the support they need. It is the Government’s cuts to domestic violence services and the punitive welfare reforms that have been having a devastating impact on the support available to women when they are at their most vulnerable. The coalition Government of 2010 to 2015 made changes to legal aid for domestic violence that have left 40% of victims unable to provide the evidence required to receive support. I welcome the fact that the Government have begun a review of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Will the Minister confirm that the review will include a targeted review of access to justice for domestic violence victims? Will she update the House on the changes promised in February this year that additional types of evidence would be accepted and that time restrictions would be scrapped? Have these changes been implemented?

In recent years local authority spending reductions and local commissioning practices have seen 17% of specialist refuges in England closed. The funding for domestic violence services is particularly fragmented and the amount of local authority funding differs from service to service. Women’s Aid has found that 10.2% of services responding to its survey received no funding at all from local authorities in 2015-16 and that one in four referrals to refuge services in the same period was declined due to a lack of capacity. This figure does not even take into account how many more referrals were not made because the refuge was already known to be full. What is more, local authority commissioning criteria often value cost over quality, leading to larger generic service providers being able to undercut specialist services, despite their inability to demonstrate that they have specialist support available.

A woman’s refuge is not just a place to lay your head at night. They not only provide a place of physical safety but help women to access health, counselling services, housing, benefits and legal advice. They are trusted organisations with a track record of delivery that generate high levels of self-referrals. Specialist services, particularly those serving the BME communities, are unique. Their local proximity is part of what gives them such value. By relying solely on local authorities to commission refuge services, the Government are failing to maintain a strategic approach to the delivery of domestic violence services across the country. Will the Minister tell the House what the Government are doing to monitor specialist domestic violence refuges and service providers that have closed, and how they can assure that every woman has access to the support they need?

Government cuts are hitting not just in one place. Everywhere we turn we see the withdrawal and rolling back of services that were put in place under a Labour Government to protect victims of domestic abuse. If we take magistrates’ courts, for example, domestic violence cases used to be heard in magistrates’ courts on one specific day, with an independent domestic violence adviser available to support victims and an appropriate, trained magistrate present. Because of government cuts, these cases are now heard whenever they can be fitted in, and the specialist advice and understanding are lost.

The Government’s new funding proposals for supported housing are also a real threat to refuges. Housing benefit currently covers about 89% of weekly housing costs. Women’s Aid says that the local housing allowance cap to housing benefit would force 67% of refuges to close. Refuges are a national network of specialist services and the challenge they face is, again, unique. The Government need to deliver a separate solution for refuges and they must engage domestic abuse experts and organisations in the design of this solution. If they do not, they will deny victims the support they need and will leave women and children with nowhere to go.

Much has been said on the level and scope of domestic violence and abuse. We need to come up with a very good programme of prevention. That is something we would all want to see. I know that much has been tried, but I hope that other programmes of mutual respect can been carried out, especially with young children and continuing throughout life. I know that many organisations do valuable work in this field, but we will need constant vigilance to get to a world where women and girls do not have to deal with this form of violence and abuse.

The Conservative manifesto for the 2017 election committed to,

“support victims of domestic violence to leave abusive partners, reviewing the funding for refuges”.

Can the Minister therefore give a commitment to sustainable and long-term funding for these vital services to ensure that women and children fleeing violence can access the support that they desperately need? Can she confirm that the Government’s manifesto commitment means that they will ensure access to specialist and gender-sensitive support for survivors and not just to general victims’ services?

I have not yet mentioned the Istanbul convention. I have a Question on that coming up one day next week, so have not brought it into the full discussion today. I know that it is of interest and that some noble Baronesses mentioned it today. Can the Minister say—if not today then perhaps next week—when ratification will take place? I think we all look forward to the day when that happens.