Baroness Stroud
Main Page: Baroness Stroud (Conservative - Life peer)Department Debates - View all Baroness Stroud's debates with the Home Office
Domestic Abuse Bill
Baroness Stroud ExcerptsTuesday 5th January 2021
(3 years, 10 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 6 July 2020 - (6 Jul 2020)
Baroness Stroud (Con) [V]
My Lords, I add my support for this Bill and the fulfilment of our manifesto pledge to support all victims of domestic abuse.
The Bill takes us forward in a number of significant ways, but I want to probe a little to see whether even more progress might be possible. The Government are to be congratulated that Clause 1 provides the first ever statutory definition of domestic abuse in England. Although long overdue, this is a crucial step in tackling domestic abuse, increasing awareness across our public services and facilitating better identification of and support for victims.
Clause 3 is a further step forward. It recognises that children are equally victims of domestic abuse, not just witnesses. This is crucial for their care and for breaking the cycle of domestic abuse.
There are three ways in which the Bill could be strengthened further. First, I suggest that the definition could be strengthened yet further by recognising the unborn and babies as well. Exposure to domestic abuse in the first 1,001 days of life—from conception to the age of two—is associated with adverse outcomes including poor mental and physical health, lower academic achievement and impaired social development. We also know that a mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb. Here, I highlight the work of the For Baby’s Sake pilot, which recognises that pregnancy and birth are the perfect time to intervene and provide support for parents as this is when motivation to be a good parent and resolve potential issues is at its highest.
Secondly, through the appointment of the Domestic Abuse Commissioner—as set out in Part 2—we have the opportunity to strengthen the relational landscape for our next generation of children, with marriages and committed relationships becoming the centrepiece of educational and health programmes. The need for this Bill stems from the failure of relationships; the obvious solution to breaking the cycle of domestic abuse is the creation of strong, supported families.
We also know that marriage operates as an important protective factor against domestic abuse. According to the ONS, there is a far greater prevalence of domestic abuse in cohabiting couples compared to married and civil-partnered relationships and, in the year ending March 2019, three times as many cohabiting women had been a victim of domestic abuse in the past year compared to married and civil-partnered women. As the gap between those born to married parents and those born to parents in cohabiting or single-parent families grows, we need an honest public policy debate about how we can best equip the next generation with the skills to build strong, healthy and lasting relationships. Through the appointment of the Domestic Abuse Commissioner, we have an opportunity to strengthen significantly the relational landscape for our next generation of children. Marriage and committed relationships should be the centrepiece of educational and health programmes.
Thirdly, we need to ensure the provision of nationwide, whole-family, trauma-informed support, accompanied by a programme for perpetrators that is designed to change behaviour, rebuild relationships and keep families safe. Interventions need to start as early as possible. As UNICEF highlighted:
“The single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether or not they grow up in a home where there is domestic violence.”
Furthermore, less than 1% of perpetrators ever receive rehabilitation and the average perpetrator will have up to six partners and victims.
People could be looking to the successful approach of Barnardo’s Opening Closed Doors project in Wales. Barnardo’s whole-family approach allows both parent and child victims to receive trauma-informed support, while the perpetrators of domestic abuse access a programme designed to change behaviour, rebuild relationships and keep families safe. Without proper intervention and rehabilitation, we will never break the domestic abuse cycle.
Viscount Younger of Leckie (Con)
Is the noble Baroness about to conclude her remarks?
Baroness Stroud (Con) [V]
If the Bill is to be about anything, it needs to be about breaking the cycle of violence. I congratulate the Government on the Bill and look forward to contributing in Committee to ensure that we support all victims of domestic abuse.
Baroness Stroud
Main Page: Baroness Stroud (Conservative - Life peer)Department Debates - View all Baroness Stroud's debates with the Home Office
Domestic Abuse Bill
Baroness Stroud ExcerptsMonday 25th January 2021
(3 years, 10 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-II(Rev) Revised second marshalled list for Committee - (25 Jan 2021)
Baroness Stroud (Con) [V]
My Lords, I want to speak in support of Amendments 2 and 4 tabled by my noble friend Lady Meyer. I remember being horrified when I first heard her personal story, many years ago. But since then, I have learned and seen that this is not an isolated incident, unfortunately.
As we have heard, while there is no single definition of parental alienation, it is recognised by Cafcass as when
“a child’s resistance or hostility towards one parent is not justified and is”,
tragically,
“the result of psychological manipulation by the other parent.”
It has devastating impacts on the child, but is a form of abuse and control of the other parent and in line with emotional abuse of a controlling and coercive nature.
As I have listened to this debate unfold, I have thought back to the battle that has taken place over a long time to include coercion in our definition of domestic abuse, and to recognise children as victims. I hope that it does not take as long for us to wake up to include parental alienation.
No one wants their relationship to break down but, when it does, both parents are responsible for the healthy development of their child. This includes promoting a proper, loving relationship, which includes frequent, regular contact between the child, both parents and their extended families.
Alienation adversely affects the psychological development of a child, as it prevents a natural, healthy bond and relationship with a parent. A child needs to be nurtured and protected; that is especially true of a baby. At a time of total dependence, a mother’s physical and emotional presence regulates the baby’s fear response and overproduction of adrenaline and cortisol. Brain scans of toddlers who have experienced abuse and been deprived of emotional nurturing were shown to have disproportionately large and active limbic systems. As a result, these “fight or flight” hormones remain in the body and the child is in a constant state of anxiety and distress, not dissimilar to a soldier suffering from PTSD.
But it is equally important that the child has a relationship with their father. This is not a gendered issue. A major study in the Journal of Applied Economics, “The Impact of Income and Family Structure on Delinquency”, found that when interactions between a child and their parent broke down, and the perception and view of the other parent deteriorated, it was the child who suffered and transitioned to emotions of abandonment, alienation and a lack of trust, with both parent and child worse off.
There is no statistically significant difference between men and women as perpetrators and victims of parental alienation. Raising issues of gender discrimination to discredit the experience of many is not the way forward. But the effects on alienated parents, who lose the trust of their children and therefore their willingness to see them due to the actions of the other parent, are devastating.
There can be no doubt that judicial decisions in cases involving children must take account of all aspects of the family dynamic, including all types of abuse. This is crucial, as we have heard this afternoon. There is a need for qualified professionals to assist in court in assessing whether there is abuse, and if so its severity, and how it should affect child-parent residence and contact arrangements. But we also need to be mindful that children’s expressed wishes in court are not always their own. They do not always feel free to express their actual wishes, particularly when young, and they can be used as a weapon by an abusive parent.
Therefore, it is important that parental alienation is recognised in the Bill as a form of abuse, so that it can be identified and addressed.
Baroness Chisholm of Owlpen (Con)
My Lords, before I had the pleasure of meeting my noble friend Lady Meyer, I had read about the unbelievably distressing time she went through following the alienation of her children by their father. Today she has told us that story in the most moving way. I apologise for the fact that, as she is sitting behind me, she is seeing only my back rather than my front as I make this speech.
I admire my noble friend for all she has done to raise awareness of parental alienation through the setting up of her charity and getting the academic and judicial profession to realise that parental alienation needs to be recognised. Along with her, I want parental alienation recognised, but it must be tackled in law in the right way. Hasty law makes for bad law and will not elevate parental alienation to where we all want it. This important Bill must not become a Christmas tree on which we hang too much, which leads to minimising what it wants to achieve.
I cannot agree with the amendment to this Bill. Clause 1 sets out to define domestic abuse by listing different types of abusive behaviours, and not how they may be manifested. This is important, because to do this could be risky and give more weight to how a particular type of behaviour is displayed, and potentially ignore others. As many noble Lords have mentioned, the introduction of parental alienation into the Bill could have unintended consequences due to the absence of a common definition. Consequently, in a family court, cases of parental alienation could mean whatever the judge wants it to mean.
A child may form their own reasons for resisting contact, and there are cases where a parent, for no justified reason, restricts the other parent’s relationship with the child. These are two very different situations under the parental alienation label, which serves to validate the misuse of parental alienation and to obscure the tactics of perpetrators of domestic abuse.
Parental alienation needs to be looked into in its own right. This is now being done after too many years of misunderstanding, lack of clarity and muddle among the experts. My noble friend Lady Helic mentioned how the Ministry of Justice set up an expert panel and reported in June 2020. The panel made a series of recommendations, which I do not have time to go into here, to reform the child arrangement programme in family law. Leading on from this, the Government published an implementation plan for some of the recommendations. One recommendation said:
“A review of the presumption of parental involvement … is needed urgently in order to address its detrimental effects.”
In November, the Government announced an advisory group to begin this work. I welcome these initiatives and feel strongly that this is the way forward, to make sure that parental alienation gets the recognition it deserves.
I want my noble friend to get all she feels is necessary to have parental alienation recognised in law, but my fear is that adding her amendment to this Bill will have a detrimental effect on the work that is going on, and will minimise the importance of this appalling problem. We must make sure that parental alienation is put into legislation where it can be properly dealt with, and this Bill is not that legislation.
Baroness Stroud (Con) [V]
My Lords, I wish to speak in support of Amendments 10 and 14 tabled by the noble and learned Baroness, Lady Butler-Sloss, and the noble Lord, Lord Randall of Uxbridge. It seems there is significant agreement on the need for these amendments, so I will keep my remarks relatively brief.
Amendments 10 and 14 are reasonable amendments that seek to clarify the wide variety of domestic situations in which abuse can occur. Numbers of people up and down the country are now accustomed to doing things such as renting out spare rooms and having people not related to them living in their household. Amendment 10 rightly recognises that when a perpetrator and victim live together in a domestic situation, the abuse should be considered domestic whether or not they are biologically related or in a romantic relationship.
Amendment 14 recognises that it should be considered domestic abuse when the perpetrator has regular contact with the home or lives in the home despite not having legal guardianship or a biological relationship with the child, as we have heard. Both amendments are about ensuring that the Bill is thorough in recognising what constitutes domestic abuse and in identifying the victims and perpetrators, to ensure that we can identify and intervene in the wide range of domestic abuse scenarios.
Amendment 10 relates to the legal definition of “personally connected” when assessing the relationship between a perpetrator and victim. The suggested insertion of the line,
“they are ordinarily resident in the same household”,
recognises that “personally connected” should capture those living in domestic situations who may not otherwise be in a romantic relationship or biologically related. As the definition of domestic abuse is set out in Clause 1, abusive behaviours, such as
“physical or sexual abuse … violent or threatening behaviour … controlling or coercive behaviour … economic abuse … psychological, emotional or other abuse”,
are all able to and do occur in domestic situations where the perpetrator and victim live in the same household, but are not in a romantic relationship. As such, I argue that those who live together should be considered personally connected, in the context of the Bill.
Amendment 14 relates to how we define abuse as domestic in relation to a child and recognises that children can be victims of domestic abuse where their perpetrator is not the legal parent, the guardian or biologically related. The suggested insertion of the line,
“the person lives in the same household as the child or regularly visits the household”,
broadens the scope of the different environments in which a child can be personally related to their abuser.
Children can be and are victims of domestic abuse, even where there is no legal guardianship or relation to the perpetrator, as this amendment suggests, when the perpetrator lives in the same domestic situation or is a regular visitor to the home. An obvious example, and why this amendment is necessary, is the case of a new partner to the parent or the child who regularly comes into contact with the child and may spend prolonged or regular contact in the home, or even live in the home, without legal guardianship. Abuse in this situation is self-evidently domestic, despite the abuser not having legal guardianship of the child. Child abuse is 40 times more likely when single parents find new partners. According to a study of children living in homes with unrelated adults, children are nearly 50 times as likely to die of inflicted injuries, compared with children living with two biological parents.
In conclusion, both Amendments 10 and 14 are sensible and reasonable, and strengthen the Bill in its aims to promote awareness, and better protect and support victims of domestic abuse and their children. I hope that we find a way to take these amendments forward.
Lord Morris of Aberavon (Lab) [V]
My Lords, I speak briefly on Amendments 6 and 7, which I support. Unfortunately, I was cut off from making further comments at Second Reading as I would have exceeded the time limit. I seek clarification on Clause 2(1), which I would have mentioned then. On the face of it, it appears to cover most, I hope all, the eventualities of which we can conceive. But I must express concern when the noble and learned Baroness, Lady Butler-Sloss—who knows more about these matters than anyone else in your Lordships’ House—seeks to amend the Bill, and I endorse the remarks of the noble Baroness, Lady McIntosh. They seek to add to the definition of “personally connected” in the Clause, with the words “guardian of the other” and
“lives in the same household as the child”.
An amendment that goes in the same direction adds the definition that one person is a “provider of care” for the other.
In my Second Reading speech, I would have referred to my recollection, as a very young man, a long time ago, of occasionally appearing in undefended divorce cases. To claim a divorce for your client, one had to satisfy the judge of, first, the grounds for the divorce, which did not usually take up much judicial time, and, secondly, the arrangements for the “child of the family”. That was taken seriously. The child of the family did not need a blood relationship. I found no difficulty with this extended relationship from the make-up of my own family.
Of course divorce law has changed considerably since that time, but on the face of it, if you couple the definition in Clause 2 and the words “parental responsibility”, having the same meaning as in Section 3 of the Children Act 1989, which I have reconsidered, it should be sufficiently all-embracing. Obviously the noble and learned Baroness, Lady Butler-Sloss, is concerned, and the Minister should dwell deeply and give us clarification.
The mischief we are trying to cover adequately is the definition of parent and child and the words “parental responsibility”. My short point is, having regard to the amendments proposed by the noble and learned Baroness, Lady Butler-Sloss and the noble Lord, Lord Rosser, is the Minister satisfied that Clause 2 is sufficiently all-embracing? I would be surprised if it is not, but I am not a family lawyer. I have been only a criminal lawyer for most of the past 40 years. I hope the Minister will give the Committee the assurances which the noble and learned Baroness, Lady Butler-Sloss, and all of us would like to have.
Baroness Stroud
Baroness Stroud (Con) [V]
My Lords, it is a privilege to move Amendment 15 and to speak to Amendments 20, 172 and 179 in my name today. I thank the noble Baroness, Lady Armstrong, for her cross-party support of these amendments and the noble Baroness, Lady Watkins, for her support of Amendment 172.
I am looking forward to noble Lords’ speeches as we debate the importance of recognising the most vulnerable victims of domestic abuse, and I am delighted that the Institute of Health Visiting, NHS England Safeguarding, the First 1,000 Days movement and For Baby’s Sake have all supported these amendments to improve outcomes for the youngest who are at risk of domestic abuse. We must seize the best opportunity to break the cycle of domestic abuse.
By way of context, Amendment 15, to Clause 3, clarifies that the term “children” includes babies from conception onwards, recognising the vital period from conception to the age of two, as highlighted by the first-class work of the First 1,000 Days movement. Amendment 20, to Clause 7, ensures that the domestic abuse commissioner’s responsibility to encourage good practice regarding children affected by domestic abuse includes babies in utero, infants and children under the age of two.
Amendment 172, to be inserted after Clause 72, makes explicit that the Secretary of State is to make provision for publicly funded trauma-informed and attachment-focused support for parents during pregnancy and before their child reaches the age of two.
Finally, Amendment 170, to Clause 73, stipulates that the Secretary of State’s guidance on the effect of domestic abuse on children will cover babies who were in utero during the abuse and babies and young children aged under two.
Why are these specific amendments needed? The Government are to be hugely congratulated on introducing Clause 3, which ensures that children can also fall under the definition of being victims of domestic abuse. I think all noble Lords view this as a major step forward. However, there is currently insufficient clarity in the definition of a child. In her concluding remarks at Second Reading my noble friend the Minister said:
No age group has been out of the debate, including the unborn child and the foetus.”—[Official Report, 5/1/21; col. 124.]
The fact that it was said demonstrates that it needs to be said. This amendment seeks to probe this concern and is looking for an assurance that the Bill covers children from conception to the age of two.
In the Bill, a child is considered a victim if he or she
“sees, hears or experiences the effect”
of the abuse. Without the clarity of this amendment, it is not difficult to see where the legal battles will lie. The unborn child may be just as much a victim of domestic abuse and may experience and hear domestic abuse but not see it. We can say in this House that it is our intention to strengthen support for victims and improve the effectiveness of the justice system. This amendment gives the clarity needed to ensure that the intent of the Bill to protect all children is upheld.
There are other reasons why Amendments 15, 20, 172 and 179 are so important. If we are serious about strengthening support for victims, intervening as early as possible has the best chance of success. Around 30% of domestic abuse begins during pregnancy, while 40% to 60% of women experiencing domestic abuse are abused during pregnancy. These statistics are shocking. The reason it is important that both the mother and the unborn are viewed as victims is because this is one of the most important developmental stages in the life of a child.
The first 1,001 days, from conception to age two, is a period of uniquely rapid development, when babies are particularly susceptible to their environment. Domestic abuse in pregnancy is associated with poor obstetric outcomes, including low birth weight and preterm weight. A mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb, and ongoing stresses such as domestic abuse can disrupt babies’ neurodevelopment, which can affect the cognitive functioning and emotional regulation of children’s shaping and behavioural and emotional outcomes for years to come.
Another reason why these amendments ensure that the first 1,001 days are a policy and funding focus is that this is the optimal and most effective moment for intervention and breaking the domestic abuse cycle, which is a key focus of this Bill. Pregnancy and childbirth are major milestones in the lives of many mothers and fathers and the time when there is most motivation to change. New fatherhood is a motivator for change in men who use violence in their relationships. Therefore, intervening in the perinatal period and including a focus on parenting may improve engagement in programmes to reduce violence. Identifying the specific emotional challenges and unhelpful coping strategies that are relevant to new mothers and fathers can help target interventions at the most relevant issues to lead to behavioural change. Here I must give credit to Amanda McIntyre and the work of For Baby’s Sake; the organisation is nothing short of inspirational.
Finally, these amendments are important because Amendment 172 includes a requirement that the Secretary of State makes
“provision for publicly-funded trauma-informed and attachment-focussed”
support for parents during pregnancy and before their child reaches the age of two. Presently, interventions generally focus on supporting the needs of victims and survivors alone. Few seek also to target the causes and environments of domestic abuse and its associated consequences, in conjunction with perpetrators and children. Even fewer interventions adopt a whole-family approach that seeks to address the mental health problems experienced by parents and protect and support the mental health of the baby and other children in the family. By recognising babies in this Bill, we have an opportunity for early intervention—to break the cycle of domestic abuse not only for this generation but for future generations, and bring about some of that much-needed cultural and societal change that my noble friend the Minister referred to in her opening remarks at Second Reading.
I am also mindful of a number of concerns that have been raised with me about this amendment. I understand that there may be resistance to it, as children are already included in the Bill. However, having been involved in policy-making across government for many years, I and many noble Lords know that, when resources are constrained, policymakers reach for what they have to do, not necessarily what is most effective. The first 1,001 days—conception to age two—is a moment in time when the impact is greatest. Let us make it easier for officials and future Ministers as they battle for resources and ensure that this golden opportunity to break the cycle is not lost.
Secondly, noble Lords have raised whether these amendments could give opportunity to those wanting to reignite the debate around abortion. I have listened carefully to these arguments, as this is not the intention of this amendment. Ideally, the Government would come forward with their own amendment on Report, appropriately worded if we have not got it quite right. I assure noble Lords that this concern does not need to be an obstacle to this amendment.
NHS safeguarding already has good practice in place for managing this concern. At the moment, an unborn baby who is at risk of significant harm—for example, due to a mother’s substance misuse—can be placed on a child protection plan as an unborn baby. The baby is recorded on the CPIS under the mother’s NHS number; once they have been born, this transfers to the baby.
Baroness Stroud (Con) [V]
My Lords, I thank all noble Lords who contributed to debating the amendment, particularly the noble Baroness, Lady Armstrong, who put her name to it. These issues have hugely benefited from noble Lords’ various perspectives. I also thank my noble and learned friend Lord Mackay of Clashfern for signing the amendment. It is a huge privilege to have his support. I thank noble Lords for expressing their commitment to ensuring that babies are recognised as potential victims of domestic abuse in utero and through to the age of two.
I have looked at various government children strategies. Over and over again, unless it was an early intervention strategy or one specifically linked to the early years, each one I looked at did not contain nought to two year-olds. While I completely understand my noble friend the Minister’s comments that babies from conception to the age of two are already included in the Bill, it is my concern that unless they are in the Bill they will be forgotten again in strategy terms when we get to policy-making. However, I am reassured that she is personally committed to ensuring that all children who could be victims of domestic abuse are protected by the Bill. On that basis, and with the hope of future conversation with her and the noble Baroness, Lady Armstrong, I beg leave to withdraw the amendment.
Baroness Stroud
Main Page: Baroness Stroud (Conservative - Life peer)Department Debates - View all Baroness Stroud's debates with the Home Office
Domestic Abuse Bill
Baroness Stroud ExcerptsWednesday 27th January 2021
(3 years, 10 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 124-III Third marshalled list for Committee - (27 Jan 2021)
Baroness Stroud (Con) [V]
My Lords, I support the amendments in the name of my noble friend Lady Finlay, particularly Amendments 94 and 21. These recognise the importance of substance abuse, addiction and mental health provision in the fight against domestic abuse. As the Committee has heard, these issues are a persistent factor for both perpetrators and victims of domestic abuse. People with mental health problems find themselves disproportionately victimised in domestic abuse settings and children can find themselves equally vulnerable. A Crying Shame, published by the Children’s Commissioner in 2018, highlighted 50,000 children aged nought to five, including 8,300 babies under one, living in households where the destructive impact of domestic abuse, alcohol or drug dependency and severe mental ill-health were all present. A further 160,000 children aged nought to five, including 25,000 babies under one, were living in a household where two of the three factors were present. The Bill represents a huge opportunity to deliver a step change in our response to domestic abuse and, therefore, can only benefit from the inclusion of the provision of mental health and substance abuse support.
I support Amendment 94 as a vital first step, as it requires local authorities to make an assessment of the need for, and publish a strategy on, the provision of substance use, addiction and mental health support for all victims and their children in relevant accommodation. Although the amendment specifically refers to support in “relevant accommodation”, the reality is that the vast majority of victims—an estimated 70%—never set foot in a refuge and remain at home or in alternative housing. Research by the UK women’s organisation Agenda shows that women who have experienced extensive physical and sexual violence are more likely to use alcohol or drugs problematically, compared to women who have not experienced it. While local authorities making these assessments and strategies in relevant accommodation is an important first step, we must consider opportunities for intervention and support for the majority who experience abuse but do not ever seek refuge.
Amendment 21 ensures that the provision of substance use, addiction and mental health support are identified in the Bill as areas for which the domestic abuse commissioner must encourage good practice. This support for those affected by domestic abuse should extend to perpetrators as well. As I argued in my speech on Amendment 172, specialist support for both victims and perpetrators of domestic abuse is a crucial component of ensuring that we actually break the cycle of abuse with this Bill. Fewer than 1% of perpetrators currently receive an intervention designed to change their behaviour. A lack of funding for perpetrator services was recently identified as the biggest issue by front-line practitioners across England and Wales. Based on evidence from SafeLives’ Every Story Matters platform, 74% of those surveyed wanted mental health support for perpetrators.
The Deputy Chairman of Committees (Lord Faulkner of Worcester) (Lab)
The noble Baroness, Lady Watkins of Tavistock, and the noble and learned Baroness, Lady Butler-Sloss, have withdrawn. I call the noble Baroness, Lady Stroud.
Baroness Stroud (Con) [V]
My Lords, I thank the noble Baroness, Lady Meacher, for moving this amendment and pay tribute to her vast experience in this area and her constant fight to ensure that early intervention is part of our psychological landscape.
Psychological therapy is an essential cornerstone of our domestic abuse response and Amendment 27 is potentially one of the most important we shall have a chance to debate today. It places a requirement on the commissioner to ensure nationwide access to psychological therapy services for couples experiencing conflict and potential domestic abuse. As we have already heard, the vast majority of victims—an estimated 70%—never set foot in a refuge and remain at home or in alternative housing. Many go beyond the care of psychological therapy. A SafeLives report highlights that 80% of survivors think that interventions for perpetrators are a good idea—and not just for those experiencing domestic abuse themselves.
Baroness Stroud
Main Page: Baroness Stroud (Conservative - Life peer)Department Debates - View all Baroness Stroud's debates with the Home Office
Domestic Abuse Bill
Baroness Stroud ExcerptsMonday 8th March 2021
(3 years, 8 months ago)
Lords ChamberRead Full debate Domestic Abuse Bill 2019-21 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 171-II(Rev) Revised second marshalled list for Report - (8 Mar 2021)
Lord Morris of Aberavon (Lab) [V]
My Lords, it is a pleasure to say it is beyond argument that this is an important Bill. In my professional career, I dealt with many cases of child abuse. I practised at the criminal Bar, not the family Bar. Fortunately, sitting as a recorder, I did not have to try or sentence anyone convicted of child abuse.
It is important to get the legislation right. At my first reading, I thought the Bill was sufficiently comprehensive to deal with any wrongdoing. The steps in the ladder are clear: first, the relationship is set out in Clause 1(2); then we go on to the type of relationship, supplemented in subsections (3) and (4); then subsection (5) deals with indirect behaviour. The amendment’s supporters seek to redefine this, by adding words to give an example of behaviour which is reprehensible. I understand the aims of the proposers and their real concerns. We have listened to the passionate speeches made today. The noble and learned Lord, Lord Mackay, has added his name to the amendment. From long experience, I would listen to his words, and the House always does with very great respect.
My fear is that this amendment is over-prescriptive. Putting this into the Bill might limit the generality of the encompassing nature of subsection (5). At the moment, I have serious doubts about whether the amendment is needed at all, as such particularising may limit the thrust of the subsection so far as other conduct is concerned. In these circumstances, having heard all the arguments, I would recommend its rejection by your Lordships.
Baroness Stroud (Con)
My Lords, I commend my noble friend Lady Meyer on her courage and resilience in tabling this amendment again today. I first had the privilege of meeting her and hearing her story many years ago, and since then she has been a tireless campaigner on this issue despite, as we have seen both today and in Committee, often intense and personal challenge.
As we have heard, parental alienation is a devastating form of abuse that can extend for decades and have deeply traumatic effects on both the children and the excluded parent. There has, however, been strong resistance to recognising this as a form of abuse. Those who oppose it argue that abusive parents may themselves use the defence of parental alienation to continue their abuse. Surely, though, this is precisely why we have judges. We must have confidence in our courts and our police to make these judgments, just as they have to make countless others every day of the week.
The amendment seeks insert into the legislation the line
“such as a parent’s behaviour deliberately designed to damage the relationship between a child of the parent and the other parent”.
I am hopeful that the Government should be able to confirm that this is indeed included in the definition of coercion, as my noble and learned friend Lord Mackay and my noble friend Lady Meyer have requested. This addition would specifically draw attention to parental alienation while simultaneously giving the family courts a sound basis on which to better distinguish between genuine and false allegations of parental alienation. The amendment identifies parental alienation and protects those who are vulnerable from exploitation of the law.
The dynamics expressed in the amendment are important for a number of reasons. Alienation adversely affects the psychological development of a child in that it prevents a natural, healthy bond and relationship with a parent. A child needs to be nurtured and protected by its mother. Erica Komisar, a leading expert in attachment theory and the neuroscience of motherhood, highlights that children are at a higher risk of social, emotional and developmental issues when the essential presence of a mother is missing. But it is equally important that the child should have a relationship with their father. In a major study by the Journal of Applied Economics entitled The Impact of Income and Family Structure on Delinquency, it was found that when the interactions between a parent and a child diminish, such as in the case of parental alienation, the child perceives a decline in that parent’s benevolence. If the decline is sufficient, the child will accept its implications and move to feelings of abandonment, alienation and a lack of trust. Both the parent and the child are worse off.
Research from the Institute for Family Studies has also found that, controlling for race and parental income, boys raised without their father are much more likely to use drugs, engage in violent or criminal activity and drop out of school, while girls are more likely to engage in early sexual activity or have a child out of wedlock. The consequences of parental alienation can be deep and severe on the next generation.
There can be no doubt that judicial decisions in cases involving children must take account of all aspects of the family dynamic, including all types of abuse. There is a need for qualified professionals to assist the court in assessing whether there is abuse and, if so, its severity and how it should affect child/parent residence and contact arrangements. But the need for expertise in handling these delicate situations should not dissuade us from addressing this often hidden but deeply damaging form of abuse.
The Bill is strengthened if it captures all forms of domestic abuse and improves outcomes for those who are vulnerable to experiencing it, and we look to the Minister today to confirm that the concept of alienation is included within the definition of domestic abuse.
Baroness Chakrabarti (Lab) [V]
My Lords, I too wish to pay tribute to the noble Baroness, Lady Meyer, for her two decades of campaigning after a horrific experience that most people would not be able to turn into such a positive contribution. I wish her, the co-signatories to the amendment and all Members of your Lordships’ House a happy International Women’s Day. It is a celebratory moment, as well as a moment of remembrance which was started over 100 years ago by radical working women.
I also pay tribute to the noble Baroness, Lady Meyer, for doing something that seems all too rare in our polarised and sometimes even toxic public discourse. She has listened. I did not participate in this part of the debate in Committee, but I was struck by her speech and by the contributions that were informed by the work of various women’s organisations, and survivor organisations in particular, about the contested or loaded nature of the term “parental alienation”. I am not a psychologist, a social worker or an expert on this topic, but I was moved by contributions from those who are, not least the noble Baroness, Lady Bennett of Manor Castle.
It seems that the noble Baroness, Lady Meyer, has indeed listened and has attempted in her reformulation to address behaviour rather than syndromes in a precise way that is more appropriate to legislation on difficult issues. I have no doubt that many abusive men will seek to use the term “alienation” as a stick with which to beat the surviving former partner, but, equally, I have no doubt that men and women are capable of weaponising their children during terrible relationship breakdown. I also have no doubt that this is a gendered world and a very unequal one, whether we like it or not, and that this inequality affects women, but also men and boys. It is a very vicious spiral indeed.
Baroness Stroud
Baroness Stroud (Con)
My Lords, I rise to speak to Amendment 7 and the corresponding group in my name. I thank the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their support for these amendments.
I also thank my noble friend the Minister for her time since we last debated these amendments in Committee. As we spoke, I was encouraged by her deep commitment to ensure that the Bill provides protection for all children—whether they be in utero, newly born or on the cusp of adulthood. I am hopeful today to receive assurance that guidance will protect these children. I thank all noble Lords who offered their support and feedback on our initial amendments as we worked towards finding a nuanced pathway that would ensure that the Bill does in fact protect all children but does not open up a legal minefield.
Why are these amendments needed? We know that around 30% of domestic abuse begins during pregnancy, while 40% to 60% of women experiencing domestic abuse are abused during pregnancy. These are horrific statistics. Alongside this, we know that the first 1,001 days, from conception to age two, is a period of uniquely rapid development when babies are particularly susceptible to their environment, so here we see high vulnerability to abuse and violence coupled with essential days for child development colliding and creating a unique environment that needs protection.
Domestic abuse in pregnancy is associated with poor obstetric outcomes, including low birth weight and preterm birth. A mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb, and ongoing stressors such as domestic abuse can disrupt babies neuro-development. This can affect children’s cognitive functioning and emotional regulation, shaping behavioural and emotional outcomes for years to come. We also know that the sad truth is that the single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether they grew up in a home where there was domestic violence. These amendments seek to break this cycle and allow for early intervention, which can have life-changing outcomes for victims.
So what needs to happen and what can these amendments do? The amendment to Clause 3 would ensure that professionals take in utero exposure into account when identifying children as victims of domestic abuse. The amendment to Clause 7 relates to the general functions of the commissioner and would ensure that identifying children affected by domestic abuse also includes babies in utero. The addition of a new clause after Clause 72 would require the Secretary of State to
“make provision for publicly-funded traumainformed and attachment-focussed therapeutic work to be made available to all expectant parents and parents of children aged under two years old where those children are victims of or otherwise affected by domestic abuse.”
The amendment to Clause 73 would require the Secretary of State to issue guidance on the effects of domestic abuse on babies who were in utero at the time of the abuse and on babies and young children under the age of two.
These amendments and what they represent are crucial. As the Bill stands, there is a requirement that the commissioner must “encourage good practice” in identifying people who carry out domestic abuse, victims of domestic abuse and children affected by domestic abuse. My amendment would mean that encouraging good practice in identifying children affected by domestic abuse must include the unborn child by reaching out to pregnant women to offer support relating to domestic abuse, and by being alert to the need to offer support and safeguarding to the child post birth if necessary.
The addition of a new clause focused on trauma-informed support is about access to support for parents. The Bill will be ineffective if there is no provision for people to get the help they want and need. This is a once-in-a-generation opportunity to deliver a step change in our response to domestic abuse. The reality is that the vast majority of victims—an estimated 70%—never set foot in a refuge and remain at home or in alternative housing. It is therefore essential that they have access to support that can actually change behaviour.
An evaluation of the For Baby’s Sake programme, which provides trauma-informed and attachment-focused therapeutic support for parents, led by King’s College London, found that support at this time can harness parents’ motivation and empower them to make changes for their babies and themselves. A SafeLives report highlights that 80% of victims have told us that they think that interventions for perpetrators are a good idea. A main conclusion from Breaking Down the Barriers, the findings of the National Commission on Domestic and Sexual Violence and Multiple Disadvantage, was the call from survivors for trauma-informed support to break traumatic cycles. It is essential that we make this provision.
As the Bill stands, there is a requirement that the Secretary of State issues guidance about the effects of domestic abuse on children. The amendment to Clause 73 would ensure that the unborn child is included in that guidance to make sure that they are visible.
The protections that would be created by these amendments are needed because we know that the first 1,001 days of a child’s life are an opportune time for intervention and the best time for breaking the cycle. Pregnancy and childbirth are major milestones in the lives of many mothers and fathers and a time when there is the most motivation to change.
Although this is not a gendered issue, the Institute of Psychiatry, Psychology and Neuroscience at King’s College London, in conjunction with For Baby’s Sake, found that intervening in the perinatal period may prevent early childhood trauma and its consequences. New fatherhood is a motivator for change in men who use violence in their relationships. Therefore, intervening in the perinatal period and including a focus on parenting may improve engagement in programmes to reduce violence.
There is much that is good in this Bill and much that we can be proud of that has already been done to increase the protections for many. However, we have an opportunity to go just that bit further and to be crystal clear that it is our intention to protect all children, including those aged under two and during pregnancy. It is essential that we get this right. I understand that legislation may not be required to achieve this goal and hope to receive assurances from my noble friend the Minister of what may be achieved through guidance. I beg to move.
Baroness Stroud (Con)
My Lords, I thank all noble Lords who have contributed to the debate on this amendment, but especially the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their contributions. Their contributions were moving, constructive and hugely valuable. For me too, hearing the cross-party nature of the support for the very youngest right the way through to the age of two was a special moment in this House. I thank noble Lords for their contributions.
I also thank my noble friend the Minister for the way she has listened and sought to ensure that all children, including babies in utero, are recognised as potential victims of domestic abuse. The assurance that all babies in utero are to be recognised in guidance is very precious. I thank her and her officials for responding so fulsomely. I am so grateful to her for her work in ensuring that the draft guidance will recognise that pregnancy is a specific risk factor that can make victims more vulnerable. This is hugely important because pregnancy, as we have heard during this debate, can be a trigger for domestic abuse. Existing abuse can get worse as well during pregnancy.
I am delighted too that guidance recognises that domestic abuse experienced during pregnancy and in the earliest years is harmful to birth outcomes and babies’ early development, and that trauma-informed support will be available for these families. This is crucial because a mother’s emotional state can have a direct influence, as my noble friend the Minister said, on foetal development and on-going stresses, such as domestic abuse, can disrupt babies’ neural development.
Finally, I am delighted that guidance will recognise that while pregnancy may increase risk of abuse, the interaction with health professionals provides an opportunity for women to seek support, as well as for professionals to reach out to women who may be experiencing domestic abuse. This is a moment for us not to miss. These women are already in the system and standing in front of a professional. We can harness this moment of opportunity to ensure protection for these very vulnerable babies.
I am mindful of the words of warning of the noble Lord, Lord Russell, and the need to remain vigilant on the effectiveness of guidance. I am sure that Ministers who have spoken in this debate will join us in remaining vigilant so that these protections become a reality. There is clearly strong cross-party support to recognise babies and the unborn as potential victims of domestic abuse, and to seize the moment to intervene. at a crucial juncture for parents. I thank the Government for the steps they have taken and given assurances that they will take.
I finally thank the more than 70 experts, doctors and charities of early childhood and domestic abuse who put their names behind this amendment. An extraordinary number of organisations and professionals have backed this, including Amanda McIntyre of For Baby’s Sake, Alison Morton of the Institute of Health Visiting, and Sally Hogg from the First 1001 Days movement. Their work on the frontline is what makes all the difference. I beg leave to withdraw my amendment.