Domestic Abuse Bill

Baroness Meacher Excerpts

Committee stage & Committee: 6th sitting (Hansard) & Committee: 6th sitting (Hansard): House of Lords
Wednesday 10th February 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, it is an honour to follow two such experts in this field as the noble Baroness, Lady Greengross, and the noble Lord, Lord Hunt of Kings Heath. I pay tribute in particular to all the work that the noble Baroness has done over the years. In fact, it was her speech at Second Reading, reminding me of the problems connected with elder abuse in reference to domestic abuse, that gave me the inspiration to jointly sign this amendment with the noble Baroness, the noble Lord, Lord Hunt of Kings Heath, and the noble Baroness, Lady Meacher, who will follow—all of whom have much more expertise in this field that I do. I am not entirely sure that elder abuse of the kind that has been discussed—particularly, as the noble Baroness, Lady Greengross, mentioned, among dementia sufferers—is given quite the same impetus as in other forms. I feel strongly that we should be looking at this.

I will not detain the Committee long. There are many other speakers with much more expertise in this field. I have discovered that provisions similar to those suggested in these amendments already exist in Scotland and Wales. It seems strange that we do not follow them in England. I would be interested to hear my noble friend the Minister explain why the Government cannot accept these amendments. Call me psychic, but I have a feeling there will be some reason why not. I urge the Government to accept them. If not, perhaps they could come back on Report. Let us take this issue as seriously as we all agree it should be.

[Baroness Meacher (CB) [V]]

My Lords, I support Amendments 165 and 166. I thank the noble Baroness, Lady Greengross, for her tireless work over so many years, as other noble Lords have done. I thank her too for tabling these amendments and for her excellent introductory remarks. She knows so much about these issues.

Abuse against older people is widely assumed to be a problem in care homes. In reality, the vast majority occurs in the elderly person’s home and the perpetrators tend to be family members. Too often, one of the offspring happens to live near the surviving parent, as happened in my family. This person finishes up taking on the care responsibilities. Often the relationship between the two—the elderly person and the slightly less elderly person, who may also be elderly—can have been quite problematic for many years. The fault may lie on either side, or the word “blame” may be completely inappropriate. The child, who may be aged 60 or even 70-plus, can find themself having to do all sorts of personal and unpleasant jobs, day after day for many years. Generally, there is no financial reward, although this may be irrelevant. It is not surprising that resentment can build up and there is abuse in some form or other.

My only comment on the wording of Amendment 165 is that I should prefer the reference to reporting to be limited to a social worker and not to include the police. I do not want to speak against police officers. They can be good and sensitive in these situations. However, in my experience, relationship conflicts are generally best handled with empathy on both sides, rather than with an immediate reaction based on victim and perpetrator. Of course, if a crime has been committed, the social worker could—and would—report the situation to the police. This option is available, but I worry about the police becoming involved too early when it may not be appropriate. If the Government accept the amendment, I should like to see guidance that makes it clear that intervention will need to be made with an open mind to the position of both parties.

I also support Amendment 166, which provides for a registered social worker to be given a legal right of entry if they suspect domestic abuse of an elderly person in their own home. Many years ago, I practised as a psychiatric social worker. We had powers of entry. I never used them, but I am aware that, where people are frightened of the authorities and may prevent access, the only way to provide the much-needed help is to explain that you have the legal right of entry and, if necessary, would involve the police. There is then no question about it: as I understand it from colleagues, the door is then opened, and you can begin to make progress.

Oh dear, I seem to have lost my sound.

[The Deputy Chairman of Committees (Lord McNicol of West Kilbride) (Lab)]

We can hear you, clearly. Carry on.

[Baroness Meacher (CB) [V]]

Sorry. My machine went off. I have nearly finished anyway.

Abuse of the elderly by relatives is much neglected. If the Government support resolving these problems in principle, I hope the Minister will see these amendments as helpful and constructive.

--- Later in debate ---

[Baroness Williams of Trafford (Con)]

My Lords, I can be brief with the government amendments in this group. Clause 73 enables the Secretary of State to issue guidance about the effect of certain provisions in the Bill, but also about

“other matters relating to domestic abuse in England and Wales”.

It is the UK Government’s view that, with the exception of Clause 73, the provisions in the Bill relate to reserved matters in Wales. We acknowledge that the power to issue statutory guidance about any matter relating to domestic abuse encroaches on devolved matters in Wales. It is for that reason that Clause 73 requires the Secretary of State to consult the Welsh Ministers in so far as any guidance relates to a devolved Welsh authority.

Following discussions with the Welsh Government, these amendments narrow the power to issue guidance under Clause 73(1)(b) so that any such guidance does not relate to Welsh devolved matters. Guidance relating to Welsh devolved matters is properly a matter for the Welsh Ministers and not the Secretary of State. As I indicated, these amendments have been discussed and agreed with the Welsh Government. I will respond to the other amendments in this group when winding up but, for now, I beg to move.

[Baroness Meacher (CB) [V]]

My Lords, I speak to Amendment 180. I thank the noble Baroness, Lady Featherstone, and the noble and learned Baroness, Lady Butler-Sloss, for adding their names to it. Most of all, I thank the Ministers for their extraordinary forbearance on this very long day.

A key aim of this amendment is to prevent domestic abuse in the future. How should we do it? First, we should ensure—perhaps surprisingly, you might say—that primary school children who exhibit symptoms of severe psychological disturbance receive the professional psychological help that they urgently need if their mental health is to be restored and if long-term problems, for them, society, their own children and future spouses, are to be avoided. The amendment makes it clear that, wherever possible, parents should be involved in that therapy. Much quicker and more sustained improvements for the child can generally then be achieved. Having been involved in family therapy work many years ago, I know just how powerful and beneficial it can be for all members of the family.

The second part of the amendment would ensure that effective preparation for adult relationships—sex, marriage and, most particularly, awareness of domestic abuse and its consequences—was provided across the country for all senior schoolchildren in the last years of their schooling. I will return to this briefly at the end of my remarks; I want to focus mainly on primary school children.

This amendment is probably not the polished article. If we proceed to Report on these important matters, relevant lawyers and, I hope, the noble and learned Baroness, Lady Butler-Sloss, might help to get it into shape. But why is the amendment so important? It is because domestic abuse is rooted in childhood and is such a big problem. The Children’s Commissioner suggests that 831,000 children in England are living in households that report domestic abuse. The mental health of all those children will be adversely affected, in some cases very seriously. Many will go on to become domestic abuse perpetrators, as we have said before. Action for Children tells us that 692 assessments are carried out every day that highlight domestic abuse as a feature of a child’s or young person’s life.

The problem is very serious, for the children as well as for their future spouses and children. The consequences of domestic abuse on children range from negatively affecting brain development and impacting cognitive and sensory growth to developing personality and behavioural problems, depression and suicidal tendencies. Analysis of data from the Millennium Cohort Study found that children whose parents experienced domestic violence when their children were aged three reported 30% higher than average anti-social behaviours aged 14, for example committing physical assault. Sensible, preventive interventions with children will save taxpayers’ money on police, courts and prisons, quite apart from saving the lives of the individuals involved from the miseries of criminality and becoming perpetrators of domestic abuse, with all that those things involve.