Serious Crime Bill [HL]

Baroness Howarth of Breckland Excerpts

Tuesday 15th July 2014 Lords Chamber

[The Lord Bishop of Durham]

I rise to support the amendment tabled by the noble Lord, Lord Ponsonby, on behalf of myself and my colleague, the right reverend Prelate the Bishop of Truro, who chairs the Children’s Society. The Serious Crime Bill rightly seeks to update the law on neglect of children. We welcome the Bill and the Government’s commitment to seeking to improve the response to victims of emotional neglect. The current law is outdated and inadequate. We also support the amendment tabled by the noble and learned Baroness, Lady Butler-Sloss.

The UK is one of the only countries in the world that fails to recognise emotional neglect as the crime it is. It is to the Government’s credit that they seek to address that through the Bill. However, I believe that the Bill should go further and increase the age a child can be defined as a victim of cruelty and neglect from under 16 to under 18, which the noble Lord, Lord Ponsonby, seeks to do through his amendment. By changing the law in this way we can, for the first time, offer protection to all children from cruelty and neglect.

I, too, am grateful to the Children’s Society for its briefing, and I shall offer a story that it gives of Jessica. Jessica was known to social services because of the neglect and abuse she experienced in her family. When she was 16 the relationship between her and her family deteriorated and she was forced to move out of her family home. In the next year and a half she experienced unsuccessful placements in a hostel and bed and breakfast accommodation. Experiences of neglect at home made it difficult for her to form meaningful relationships. During that time, starting with her first unsuccessful placement in a hostel, Jessica became a victim of sexual exploitation, started using drugs and developed mental health problems. Stories such as Jessica’s mean that we need to ensure that this measure applies to all children under 18.

This definition is the one enshrined in the United Nations Convention on the Rights of the Child. It is in the Children Act 1989, which governs what safeguarding responses children should receive if there are concerns about their well-being. The PACE codes of conduct for the police were amended last year so that all under-18s are treated as children. From a safeguarding point of view, children should be viewed as being under 18. Sixteen and 17 year-olds can be very vulnerable. The statistics mentioned by the noble Lord, Lord Ponsonby, showed that. Yet they do not always get access to the services that younger children can receive. Professionals often see 16 and 17 year-old children as more resilient than younger children. They are often seen as more able to avoid abuse, or more grown-up and therefore more able to cope. It does not help that the criminal law aiming to deal with the perpetrators of child neglect does not cover 16 and 17 year-olds. This sends all the wrong signals that they are not as vulnerable as younger children.

The Government’s other reforms increasingly recognise that 16 and 17 year-olds are children. For example, they are not normally treated as adults under the benefits system. The position has recently been reinforced through the rules of the new universal credit system—a basic condition of entitlement for which is that the claimant is at least 18. That was debated in this House when the Welfare Reform Act 2012 went through Parliament. I would like to hear from the Minister why children aged 16 or over cannot be considered at risk of neglect and why the new law on emotional neglect should not apply to them.

[Baroness Howarth of Breckland (CB)]

My Lords, I shall speak very briefly as I hope that the Minister will take these amendments away and come back with a combination. I support the noble and learned Baroness, Lady Butler-Sloss, and her companions in their amendment, but I am absolutely with the noble Baroness, Lady Walmsley, and the noble Lord, Lord Ponsonby, in relation to the age of these children.

Some years ago the Social Research Unit at Dartington produced a compendium of all the research about emotional abuse in children. It showed that the development of children who had been emotionally abused was more severely impeded in the long term than the development of those who had been physically abused. This is different from sexual abuse, which is another thing. Children who had experienced physical abuse were more likely to be able to survive and grow through it than those who had been emotionally abused. Those children whose parents had never made a proper emotional contact with them were unlikely to make relationships later. So, in terms of mental health and the economics of the situation, looking after these children, and doing so until they are 18, makes really good sense.

[Baroness Meacher (CB)]

My Lords, I rise to make two small points on Amendment 40BZB, so ably introduced by my noble and learned friend Lady Butler-Sloss. First, I congratulate the Government on clarifying in Clause 62 that psychological effects on children have equal importance to physical effects. As my noble friend has just said, it is also my professional and personal experience that psychological damage to children is often more serious than physical injury—although, of course, it depends on the severity of both. This is an important step forward, albeit not an entirely new one. I know that the legislation has always alluded to psychological or psychological-type abuse. I strongly support Amendment 40BZB and hope very much that the Government will be able to support it, or something very like it. It seems to me that the clarification is altogether helpful.

I welcome proposed subsection (6)(b), which defines the term “wilfully”, and have no worries about it. Further elaboration will no doubt come in regulations. I should be grateful if the Minister would assure the Committee that in those regulations the Government will clarify that a parent with a drug addiction will be regarded as not having the competence to foresee that an act or omission regarding a child would be likely to result in harm, but nonetheless as unreasonably taking that risk. Clearly, if a drug-dependent parent is causing physical or psychological harm to a child, the matter must be dealt with. Again, I hope that regulations will be put in place to ensure that resources for the treatment of the addiction will be put in place and that the parent will be expected to make good use of them in order to avoid continuing damage to a child.

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[Baroness Brinton (LD)]

My Lords, I shall speak also to Amendment 40BZE, which follows on from it. These amendments support much of the debate we had on the previous group but move us into the practical arena rather than the one of legislative definitions. In the past year, the NSPCC helpline dealt with 8,000 contacts about emotional neglect and abuse, and 5,500 cases were so serious that they were referred to local authorities for further action. This was a substantial increase on previous years. I am glad that the Minister recognised that clarity is required on this difficult issue of defining emotional, social, psychological or behavioural neglect.

Alongside these statistics, new evidence shows that child protection professionals do not have a clear sense of the law in relation to neglect and that the law is sometimes not being applied consistently. My concern in these amendments is to ensure that there are mechanisms in place for the moment a potential offence of child cruelty has been reported, whether to police or local authorities. In essence, there must be a case conference with all the relevant stakeholders from all the different departments and, crucially, the child concerned should have access to child and adolescent mental health services. The reason for this is that two years ago the NSPCC carried out an online survey which showed that only 7% of social work professionals believed that timely action was taken in response to neglect and only 4% thought that it was likely or very likely that timely action would be taken to respond to emotional abuse. That 4% is a shocking statistic and exactly why we are having this debate about being more specific in the legislation on this. That contrasts with 75% of respondents to the survey who said that they were very confident that timely action would be taken in response to physical and sexual abuse.

That is the point of these amendments, which may or may not be appropriate in this legislation, as I mentioned in my Second Reading speech. I would be very grateful to hear from the Minister that there is some cross-departmental discussion about how we ensure that this is framed in guidance to social workers, health professionals—whether doctors, school nurses or district nurses—and anybody else involved in a child’s life, such as at sports clubs and certainly including teachers in schools. We need to make sure that the victims of this are as well covered as the offence and the offender.

That brings me to my final point. This will be effective only if professionals in this area have adequate training to recognise and understand the very particular problems of emotional and psychological abuse. I am reminded of a debate we had during the passage of the Children and Families Bill when my noble friend Lady Walmsley and I tabled some amendments about exorcism and the emotional trauma that some children face, particularly when exorcism is carried out with them present. The noble Baroness, Lady Howarth, said at the time that we did not need a specific law on this, and she was absolutely right because there is some legislation within the current framework—the problem was that it was not being carried out by the professionals. That is why these amendments have been proposed. I will not repeat the points that were made in the previous group, but this supports all those made by noble friends and other colleagues. I beg to move.

[Baroness Howarth of Breckland]

My Lords, I briefly want to support—and not support—the noble Baroness, Lady Brinton. I support her obvious wish that proper liaison between authorities should take place in terms of safeguarding. All of the codes and practices are already there, but what is not there is the available time. It is not that social workers are not trained, although they could do with more training—certainly around the issues of satanic and witchcraft abuse, although that concerns a tiny proportion of the cases. However, on the matter of broader emotional abuse, social workers are pretty keyed in to what is needed. The problem is that they know that they do not have the time to go in and do the work that is necessary to help families, and they have no wish in these circumstances to end up removing families through the courts.

The real answer—and I speak as a vice-president of the Local Government Association—is to look at how local authorities are using their resources and whether enough of those resources are going towards safeguarding children and their general protection and prevention from abuse. We need to look at whether we are asking the professions—social workers in particular, but also the police—to carry out a totally impossible task. If you are working day to day intervening in cases, you have very little time left to liaise with your colleagues. As a professional who has undertaken this work over many years, I know just how much time it takes to ring round, organise conferences, ensure that the appropriate information is available to everyone and pull all of that together.

So the noble Baroness, Lady Brinton, is absolutely right. We need to make sure that the safeguarding co-ordination works well. We need to make sure that the local authority designated officers, to whom these situations have to be reported, have enough time to think through what the action should be, and are able to take it.

[The Earl of Listowel]

My Lords, I welcome this amendment. I would just like to highlight to your Lordships concerns about the availability of child and adolescent mental health services. In recent information, the mental health charity for young people Young Minds has drawn attention to the fact that,

“34 out of 51 … local authorities in England have reduced their CAMHS budget since 2010. Derby City Council reported a cut in its spending by 41% since 2010. … Overall, local authorities in London have cut their CAMHS budgets by 5% since 2010. 8 out of 12 councils … have reduced their CAMHS budgets”.

So there is a real concern that, although the principle is absolutely right here, the CAMHS services, which are so vital, have unfortunately often been cut. I was very pleased to meet, with members of the All-Party Parliamentary Group for Children, the honourable Mr Lamb MP, who is the Minister responsible for this area. It was very encouraging that he was aware that a lot of work needed to be done in this particular area. In addition, the Select Committee on Education in the other place is producing a report on child and adolescent mental health services, which I am sure many of us will look forward to—I believe it will be produced in October.

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I therefore support the noble Baroness, Lady Walmsley, in tabling this amendment and urge the Government to do likewise. We cannot continue to fail the most vulnerable in our society. If our country is to grow and thrive, we must act now and ensure that we establish a culture that will not tolerate abuse. Mandatory reporting of such crimes will assist us in that task. Hearing far too many stories of unreported behaviour has led me seriously to change my mind in the past two years and is why I support this amendment.

[Baroness Howarth of Breckland]

My Lords, I feel some trepidation in challenging some of the issues about mandatory reporting, although I think that we need to find different language. I do not think there is any difference between me and the noble Baroness, Lady Walmsley, and the right reverend Prelate in what we want to find at the end of the day. However, I want to caution them and the Government to ensure that they look at this in great depth—I know that they are doing so in other places—and that there are no unintended consequences from the action that is taken.

I do not have a prepared speech, but I would like to make three points. Of course, it is wrong for anyone in a position of authority or in a church or neighbourhood community to turn a blind eye to known abuse. If abuse is clearly there, then that must be reported. If we have to have a law that says that there are circumstances in which people abused their position and did not come forward, the Government should look at that.

In the work that I am doing, the helpline for the Lucy Faithfull Foundation, in the Stop it Now! programme, has hundreds of people telephoning who are not sure about what they are seeing. I have talked to social workers who have great professional expertise about their not being certain what they are seeing. It is quite clear that we need to continue the professional development of staff in local authorities who work with the police, and also the community programmes which I have mentioned earlier, where children’s services, parents and schools have all been involved in the local community in developing understanding of these issues and therefore are clearer about what action they may or may not take.

I do not have a speech because I spent the morning chairing a conference that included people from Australia and the chair of an international protection of children organisation, looking at eradicating child sexual abuse. There were a lot of experts there. The message that they asked me to bring was that we should not simply bring in this sort of reporting without looking carefully at it. The statistics across the world vary according to whom you listen to. I ask the Minister to talk to some of the people I know as well as to those whom the noble Baroness, Lady Walmsley, knows, because they have different views. Presumably, the Government have it within their powers to get the information pretty clearly from Governments in other parts of the world. I am not making any judgment about the outcome, except to say that people tell me that it has really interfered with good preventive work, because resources have been diverted into investigating hundreds of cases that turned out not to be prosecutable.

I understand why there is a wish, particularly in the church, to get this sort of prosecution. I say to the right reverend Prelate that I have probably talked to more victims than most in my 50 years, many of them children; I know the victims’ groups and I know the pain that they have experienced. But it is crucial that we base whatever we do in the future on what is happening now, and that we prevent children being abused in the present, and learn from those people in the future. They have a lot to offer but sometimes it can be clouded by pain, which I understand.

What we want to do, particularly in churches and similar organisations, is to develop a culture of openness. We know of a recent investigation into a particular area in the Church of England where misogyny was rife and women’s views—never mind children’s—were not tolerated. I am a member of the Church of England, so I say this in all good heart but that is one institution that really has to look at it itself—as I know it is doing because the right reverend Prelate is the chair of the committee looking at the issues within the church. There are other organisations that need to look at their culture because we are not going to change these issues by the law, although I think in some areas it will help. We need to get a cultural change in organisations and our nation.

The NSPCC has got itself in a bit of a twist, I think. Talking to some of the staff today, there is a very mixed view because they had always been against mandatory reporting—I think that is a very funny term. They run two helplines. They know the implications of blanket mandatory reporting. I have to say that I did not understand proposed new subsections (4) and (5) of the amendment. It just shows how complex this issue is because we are talking about people going for exemptions. I tend to think that you need an opt-in rather than opt-out situation here, and we need to be precise about those people who might come to be prosecuted if reporting is mandatory rather than having to exempt those people who are trying to be helpful.

I am usually briefer than this but your Lordships can see that I feel as passionately as most—

[Baroness Walmsley]

Perhaps I might provide some clarification. When giving the Secretary of State the opportunity to exempt certain groups, I very specifically had in mind exactly those groups that the noble Baroness is worried about. Childline and Stop it Now! need to be exempted because they will have disclosures made to them and we cannot expect them to go to every local authority-designated officer throughout the country. Children need to be able to disclose to them but when they encourage the child to disclose also to a trusted adult, as they often do, the child needs to know that that trusted adult will do something about it and report it to the right people. I hope that clarification helps.

[Baroness Howarth of Breckland]

I thank the noble Baroness but I think she knows that I know that pretty well. My point is that we need to be more precise the other way round and be clearer about those people who will be prosecuted rather than those who will be exempted. That is the way that I would rather see it because otherwise you are going to catch all sorts of groups. There are groups in the Catholic Church that listen. Without doubt, the helpline should be seeing a child through a referral. If they are going to have a referral, that helpline really should ensure—I know that the NSPCC does this with Childline—that at the end of the day someone takes action at that point.

The Lucy Faithfull helpline for Stop it Now! is more difficult because that is where men are coming forward about thoughts that they have had that they do not understand. I am very fearful that many of those men will not come forward if they think there is a likelihood that they are going to be reported even before they have committed an offence. Some people who have committed offences will come forward to us and we will help them to go to the next stage.

There could be a range of unintended consequences. However, I say what I said at the beginning, which is I think that we are all on the same page. What is important is that time is spent—not a lot of time; I know that the noble Baroness, Lady Walmsley, is impatient—ensuring that we have it right in detail and that we listen to all the parties who have got evidence, because there is a lot of evidence. There is also new evidence about what works and it is not always the old patterns of intervention that work. The Government might do well to listen to some of the people I listened to this morning.

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[Baroness Bakewell (Lab)]

My Lords, I would like to add my support for this amendment and perhaps add a story of my own. This is not a new issue. As long ago as the 1990s, I made a television programme exposing the practice of female genital mutilation, which went out in prime time on BBC television’s first channel, BBC1. It was quite explicit and voiced the alarm of Somali women themselves, who explained to me that the perpetuation of this practice resided with the grandmothers in their community who felt that what was good enough for them should be imposed on their children. It was the mothers who remembered their own experience who were eager to have that change for their children. It has not yet happened. Getting this accepted is a disgraceful slow process.

The explanation lies in the fact that, in the 1990s, we were very aware of multiculturalism and the need to respect other cultures. It beggars belief now, but at the time we felt that, if that was their culture and their tradition, then so be it; we felt that we were not in a position to feel superior. We have come a long way, but we have not come far enough. It is time to press forward with this and not to go on talking about it.

[Baroness Howarth of Breckland]

I briefly add my voice to this. Again, if I had not had quite such a troubled week, I might have added my name to this amendment.

A couple of years ago I went, on behalf of the Lord Speaker, to a conference about this. In my lifetime, I have seen a great deal in terms of abuse, but seeing a film of this actually happening shook me to my core. We did not just hear the screams, but we actually saw the action that was happening to this young woman. When we talk about female genital mutilation, it gets a little sanitised at times. It is utterly appalling pain. Some young women in foreign countries die because of the follow-up, and certainly we know young women in this country are traumatised. I, too, hope that the Government will take this away.

[Lord Rosser]

My Lords, the purpose of our Amendment 40CA in this group is to provide anonymity for victims of female genital mutilation by providing for any offences under Sections 1 to 4 of the Female Genital Mutilation Act 2003 to come within the terms of Section 2 of the Sexual Offences (Amendment) Act 1992, which for example provides anonymity for rape victims and victims of various other sexual offences to encourage more to come forward.

We recognise that protecting young girls and women from FGM requires action beyond legislation to tackle the social norms in which it operates, and implement a preventative approach. However, if progress is to be made in addressing and preventing what has already been described in this debate as the abhorrent practice of female genital mutilation, then cases will have to be successfully prosecuted through the courts. That means people who are victims of this practice being willing to come forward and give evidence. As we know, this is not some small, minority offence. It has been estimated that more than 20,000 girls under 15 are at high risk of female genital mutilation in England and Wales each year, with the risk being highest for primary school girls.

The Director of Public Prosecutions, who will surely know better than anyone the difficulties in persuading victims to come forward and give evidence in court, has called for victims to be given the right to anonymity to make it easier to bring charges against alleged perpetrators. She was quoted as saying recently:

“It is a very difficult injury to talk about. It is an abuse of their body and it is not a part of the body that people want to talk about in public”.

The Home Affairs Select Committee has also identified that a key difficulty in securing prosecutions is the ability to gather sufficient evidence and has said that,

“if victims had the protection of press and broadcast anonymity, this might encourage more to come forward. … we recommend the Government bring forward proposals to extend the right to anonymity under the Sexual Offences (Amendment) Act 1992 to include victims of FGM”.

Our view is similar. Anonymity is granted to victims of rape, among other offences, because of the sensitivity and stigma attached to such an offence, and the sensitivity and stigma that surround female genital mutilation must be at least as intense. Victims should be protected in the way called for in our amendment. If anonymity would encourage more victims to come forward, it must surely be overwhelmingly in the public interest to go down this road, particularly taking into account the lack of prosecutions to date. Where cases of female genital mutilation go to court, victims should also be entitled to the same support and special measures to which other vulnerable victims are entitled. I sincerely hope that the Minister will be able to give a positive response.

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[Baroness Walmsley]

My Lords, I support both these amendments. I recently sat as a member of a Back-Bench inquiry into the legislation used to tackle sexual exploitation, which was supported very ably by Barnardo’s. We took oral evidence from a number of police forces. There was unanimous support for putting these child abduction notices on a statutory footing, which formed part of our recommendations. At present they form no more than an administrative procedure for the police—useful, I am told, for collecting evidence for the future, scaring perpetrators and letting them know that the police are watching them but, in and of themselves, pretty toothless.

Of course, there is existing legislation for child abduction offences. Sometimes, perpetrators who breach warning notices are prosecuted under this other legislation. But the current legislation is often not useful for cases of grooming, because it requires that the adult has taken or detained the child, implying physical control or restraint. We know that psychological and emotional manipulation are the main tools used by perpetrators to control and groom vulnerable children. The Crown Prosecution Service is therefore not always able to take prosecutions forward, due to the child seeming willingly to remain with the offender, when the offender makes no act physically to detain the child. Creating an offence of breaching a notice would address this issue and allow the police to intervene earlier, rather than having to wait for a more serious offence to occur when, of course, what we want is for them to be able to intervene early.

While the police find child abduction warning notices a valuable tool, their lack of a statutory basis leads to an unfortunate consequence. Police told the inquiry about occasions when they issued notices as a deterrent but were then unable to act once they were breached. If they are to have any power in these situations, all concerned need to know that the police will and can act when their instructions are clearly ignored. Instead, the current situation erodes victims’ confidence in the ability of the police to protect them— and they have told us that. Of course, perpetrators’ fear of consequences will diminish when they see police unable to act. So we need to put this on a statutory basis.

In relation to bringing the age into parity between children in and out of care, the point was made by the children who spoke to us that children’s vulnerability is not determined by their membership of a particular group or their legal status. There are many profoundly vulnerable children who are not in the care system and who need the protection of the law. We heard from some of those girls and boys. Indeed, there are many more victims of sexual exploitation who are not in care and have not been in care than there are within it. During the course of the inquiry, we met some children who have been through some appalling things who had never been in care. While it is too late for them, we need to make sure that other profoundly vulnerable young people who happen to be living with their parents have the same protection as those under the state’s care.

The Government have shown real engagement with the inquiry’s findings so far, and I am delighted that they have adopted one of the inquiry’s recommendations by tabling an amendment to the Criminal Justice and Courts Bill on the topic of grooming. It is clear that these amendments on abduction would be another strong step towards giving the police the tools that they need to prevent some truly vile behaviour.

[Baroness Howarth of Breckland]

My Lords, I was recently approached by a very senior ex-policeman with whom I had worked in the past, who was trying to help a number of children’s homes and hostels in the north of England. He found that there were men who came to the hostel and took older girls out, and the hostel was totally unable to do anything about it. They could simply go and fetch the girls back, but the girls were so emotionally engaged, as the noble and learned Baroness and the noble Baroness said, that they went out again. What the hostel desperately needed was the capacity to take stronger action against the men, and I believe that that is what would happen were we to accept the essence of these amendments.