Women: Homelessness, Domestic Violence and Social Exclusion

Baroness Jenkin of Kennington Excerpts

Thursday 6th November 2014 Lords Chamber

[Baroness Jenkin of Kennington (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Farmer, who has spoken so movingly and personally in his maiden speech. This place is full of people who have come from all kinds of surprising backgrounds, and I know that those in the Chamber today will have been glad of the opportunity to get to know a bit more about his. We thank him for sharing his background with us. I know that what gets the noble Lord out of bed in the morning is not business or finance but his family, his faith and education. I also know that he asked the rector of the church that he attends whether he should give up finance and go into the church, but that the response was that business and finance need Christians and those from other faiths who care about society and can give back generously. That is what the noble Lord does in his philanthropic work, including, as mentioned in his speech, sponsorship of one of the very successful ARK academies. Let us remember that the Good Samaritan would not have been able help his neighbour without the resources to so. We look forward to many further contributions from the noble Lord.

I had intended to speak to Amendment 49 of the Serious Crime Bill, moved by the noble Lord, Lord Wigley, and debated last Tuesday, but was unable to stay, so I am grateful to the noble Baroness, Lady King, for giving us the opportunity to discuss this matter again. I am also grateful to the Paladin National Stalking Advocacy Service and to the Sara Charlton Charitable Foundation for their briefing, as well as to the Centre for Social Justice for its report, already mentioned, Beyond Violence: Breaking Cycles of Domestic Abuse, all of which have done much to help me prepare for this debate.

I wish to challenge the myth that domestic violence is only physical. Psychological violence and coercive control is often a predominant feature in domestic violence. Underlying much domestic violence is a desire for power and control and often physical and sexual violence occurs when the other controlling tactics are not working. Another myth is that domestic violence stops once the relationship ends. As we have heard already, coercive and controlling behaviour does not always end on separation. In fact, separation is a high-risk time, as the behaviour is likely to escalate, often resulting in stalking and, in some cases, homicide.

Do we really need more legislation? Surely domestic violence is a crime? No, it is not. The laws used to prosecute domestic violence, including assault, burglary, property, breach of a restraining order, rape, kidnap and murder, do not describe its essence. Patterns of power and control are missed. It misses the fact that domestic violence is about fear, coercive control and continuing acts. The totality of the behaviour and the non-physical manifestations of power and control that define an abusive relationship do real harm to victims and are currently not recognised in criminal law.

I very much welcome the Government’s change to the definition and their plans to change the law. If the victim’s plight is not recognised adequately in law, she—in this case—will be the one under pressure to leave, possibly becoming homeless in the process, whereas, if the law recognises the crime of coercive control and the way in which it can socially exclude women by robbing them of all confidence, if not their freedom, the perpetrator will often instead be the one who is forced to leave. So in what ways could the law be strengthened? The Home Office’s updated definition of domestic abuse provides an excellent starting point for defining the crime of coercive control. It should be a course of conduct crime in which the crime is recognised in a pattern of behaviours versus single incidents, and these are behaviours with the clear purposes outlined in the definition. Women know that by leaving their partner they face the very real threat of homelessness. Proportionate legal redress leading instead to the removal of the partner from the family home would make this less likely.

For the law to fulfil its primary function of achieving justice and to retain respect from the society it regulates, it must adapt to evolving societal understandings of wrongdoing. Forty years ago there was little recognition of the wrongdoing involved in domestic abuse. We now understand that physical violations are just as harmful if not more so when perpetrated by family members than by others. The law now needs to evolve to reflect a second major new understanding—that all too often the worst violations, harms and malicious intentions in domestic abuse are in strategic patterns of control and subjugation.

I wish to briefly comment on the role played by police and crime commissioners, especially those for whom domestic abuse is a priority. Here I pay tribute to Vera Baird, who is the lead PCC in this area, and to Nick Alston, the PCC in my home county of Essex, where it is the only crime type as a key area for focus in the police and crime plan. This is unsurprising when there are more than 80 emergency calls every single day for Essex police to attend a domestic abuse incident, compared with around 20 house burglaries or attempted burglaries each day. Every one of these incidents has the potential to lead to very serious consequences. The Essex police force has rightly been criticised for failing to protect victims of this abuse between 2008 and 2011, and over the last two years one person every two months has been killed in domestic incidents.

Protecting the victims of domestic abuse requires strong partnership working between the police and other agencies. At a time when resources are constrained across the public sector, we need imagination, bravery and openness from all the relevant agencies to ensure that, when services shrink, they shrink together, remaining firmly linked, rather than shrinking apart. The new multiagency safeguarding hubs are working well in many areas, and I am delighted that we now have one fully operational in Thurrock, in Essex. Every one of the agencies involved in tackling domestic abuse, whether social care, the police, probation, health, education or housing, should take a risk on information sharing. Data protection should be there to protect people and to keep them safe. There must be safeguards—but surely we should dare to share to protect women and children.

This is about culture change as well as procedures and processes; it needs leadership and sharing of best practice. I believe that PCCs can play a crucial role. In Essex, Nick Alston is challenging and supporting Essex police as they continue to improve their provision of support for victims as they more aggressively target perpetrators. He is also chairing a county-wide strategy board that brings the leaders of all the key organisations together to deliver the step-change that we need to reduce this awful hidden harm that pervades our communities.