(2 years, 1 month ago)
Lords ChamberOn funding, our VAWG strategy comes with a significant amount of funding. On children and Rotherham, I could not agree more with the noble Baroness. In fact, I can think of other parts of the country where the culture makes some of its leaders completely blind to what is going on under their noses.
My Lords, the Minister has already confirmed that she does not believe that the price for justice for rape victims in this country should be that their whole personal life is laid bare. It is causing victims to walk away before their case even reaches court, making them feel doubly victimised. The recommendations in this report are very modest to say the least. Why can the chief constables and the CPOs not just get on with implementing them now? Do they seriously need to be officially told to work together to implement consistent and proportionate treatment of victims—or will we just stand by as our already dismal prosecution rates get even worse?
One thing I feel a bit disappointed about is that the report does not reflect some of the powers that I know the noble Baroness was instrumental in bringing forward within the PCSC Act. They will both help to protect privacy and, I hope, improve consistency across the piece.
(2 years, 2 months ago)
Lords ChamberTo ask Her Majesty’s Government what steps they are taking to reduce the processing times for spousal visas for the spouses of British citizens from in excess of 24 weeks.
My Lords, the Home Office is currently prioritising Ukraine visa scheme applications in response to the humanitarian crisis caused by the Russian invasion of Ukraine. Staff from other government departments, including the DWP and HMRC, are being surged into the department to help with Ukraine work and to enable normal visa routes to return to normal service levels in due course.
My Lords, it is very commendable that the Government are pouring additional resources into processing Ukrainian visas, but can I ask that they do not lose sight of the over 18,000 families, split apart and waiting for spousal visas, who have no certainty that the recently increased 24-week timeframe will even be the maximum time that they will have to wait? What measurable steps are the Government taking to reduce this backlog, and when does the Minister expect the fast-track system to be reinstated?
I concur with the noble Baroness that we will not lose sight of that, but what we will also not lose sight of is that in many instances it is life or death for the Ukrainian people. I totally appreciate that other people are having to wait, and we are going to return to normal processing as soon as we can in due course.
(2 years, 2 months ago)
Lords ChamberMy noble friend’s figures are absolutely right. Had we done it in the way that he suggests, there may have been a lot of complaints from women and domestic abuse organisations that we had not reflected the fact that it is predominantly women who suffer from domestic abuse. However, we published the Supporting Male Victims document in March to help to raise awareness of this issue and highlight the specialist support that may be required to assist them. They are included in both the tackling VAWG strategy and the tackling domestic abuse plan. As I said yesterday, anyone who comes forward as a victim of domestic violence will be treated first and foremost as a victim, whether they are male or female.
Is the position paper in itself not inadequate, in that, while it outlines many of the barriers that men face, it does very little to address them? ManKind and other charities are calling for a full-blown strategy called the “intimate violence and abuse against men and boys strategy”. Does not the suffering of men deserve to be treated as equally valid to that of women?
It most certainly does. As I explained in my previous answer, this does not diminish the problems that men face, but we as a Government recognise that the disproportionate effect of domestic abuse is on women and girls.
(2 years, 2 months ago)
Lords ChamberIt is almost too horrific to read the detail of the cases to which the noble Lord refers, in which people do such things to such young, innocent children. We are very grateful for the work that the panel has undertaken and want to ensure that we improve our response to children in domestic abuse incidents. The noble Lord will of course recall the work we did through the Domestic Abuse Act.
I know the Minister appreciates the importance of specialist support for victims and survivors of domestic abuse who face multiple disadvantages. I hope she agrees that they could be better served through tailored support and specialist partnerships to meet their needs. In response to the victims Bill consultation, the domestic abuse commissioner recommends a ministerial lead for multiple-disadvantaged women to work across departments to help pull services together. Will we be seeing this measure in the victims Bill?
I know we will have many discussions on the victims Bill and we will certainly take the recommendations of the DA commissioner very seriously. I think we have already accepted some and are working on them.
(3 years, 1 month ago)
Lords ChamberThe noble and learned Baroness is right that the effects of domestic abuse and forced marriage are not confined to any one age group. She will also know that 297 forced marriage protection orders were made last year, and that between 2008 and this year nearly 3,000 orders have been made. This must go some way to try to prevent it but the point that she makes about the ongoing trauma post forced marriage is absolutely right.
The Domestic Abuse Act removed the upper age limit from the definition of domestic abuse and included relatives in the definition of “personally connected” but the elder abuse charity Hourglass found that only 0.7% of crimes against older people result in prosecution. With more tools in their toolkit, how can the police improve on this appalling prosecution rate and make abusers understand that there will be consequences of their cruelty?
I agree with the noble Baroness: it is very concerning that that statistic evidences such low rates of conviction. It is probably multifactorial: people are unwilling to come forward, as I said earlier, perhaps not even knowing that they are victims of domestic abuse. As I said earlier, training for agencies and front-line staff will be crucial in identifying domestic abuse, bringing perpetrators to justice and supporting those victims in the future.
(3 years, 5 months ago)
Lords ChamberMy Lords, we return now to the debate we had in Committee about the role of the domestic abuse commissioner in helping all relevant agencies to learn the lessons from domestic abuse-related homicides and suicides so that we can avoid such deaths in future.
In Committee I undertook to consider further amendments tabled by the noble Baroness, Lady Burt. We agree that the commissioner has an important oversight role to play in this area, and government Amendment 14 will support it by placing a duty on those responsible for carrying out a domestic homicide review under Section 9 of the Domestic Violence, Crime and Victims Act 2004 to send a copy of the report of the review to the commissioner.
As I indicated in Committee, we are not persuaded that it is necessary to extend this requirement to the other homicide reviews listed in Amendment 16. Given that the bodies involved are required to engage and feed into domestic homicide reviews, we think the lessons will be captured through this process. Where necessary, the commissioner can also use her powers under Clause 15 to request relevant information from the public authorities subject to the duty to co-operate.
Amendment 12 seeks to add to the list of public authorities subject to the duty to co-operate. We agree in principle that the IOPC, the Independent Office for Police Conduct, should be added to the list. Clause 15(4) includes a power to add to the list of specified public authorities by regulations, and we propose to exercise this power in relation to the IOPC. The IOPC has come late to the party, as it were, so we consider it preferable to use the regulation-making route to allow time for the IOPC and the commissioner’s office to work through the implications for the IOPC of adding it to the list of specified public authorities.
As for the Prisons and Probation Ombudsman, I must point out that it is not a statutory agency, and therefore there are difficulties with referring to it in statute. On a more practical level, the ombudsman routinely publishes its fatal incident investigation reports, so they are accessible to the commissioner and others. That said, there is scope for discussions between the commissioner and the ombudsman about how the flow of relevant information might be improved.
As I indicated at the start of my remarks, we consider tackling domestic homicides a top priority and we intend to work closely with the commissioner on this issue. The changes being made through Amendment 14 and our commitment to add the IOPC to the list of relevant public authorities by regulations are only part of the wider programme of work taking place to tackle domestic homicides. I hope, therefore, that the noble Baroness, Lady Burt, would agree that these are important advances and that accordingly she would be content to withdraw her amendment.
My Lords, I am very grateful to the noble Lord, Lord Russell, and to the noble Baronesses, Lady Newlove and Lady Wilcox, for their very knowledgeable contributions, particularly the poignant case of Anne-Marie Nield, provided by the noble Baroness, Lady Newlove, which just illustrates how important it is that we learn the lessons.
I am very grateful to the Minister—she is clearly a Minister who listens and works out what is logically possible and what is not. It perhaps would not have been realistic for her to say, “Oh yes, we’ll do all of that, that’s no problem at all”, but what she has said is extremely encouraging, particularly regarding the IOPC. I am very grateful to her particularly for the way that she has gone more than half way, and her actions, I am sure, will make a very big difference to the ability of the domestic abuse commissioner to do her job—and, indeed, to the Secretary of State. I have great hopes for what the commissioner is going to achieve with all of this. We have certainly loaded on her enough information, so I hope that it is not going to overwhelm her, but I really feel heartened that she is going to have the tools to do the job, and I am very grateful. I respectfully wish to withdraw the amendment.
(3 years, 6 months ago)
Lords ChamberMy Lords, I am grateful to the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, for raising this. Amendment 171 seeks to repeal the so-called carers’ defence in coercive and controlling relationships. I am grateful to Stay Safe East for its excellent briefing. The noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, highlighted the frequency of disabled people being abused compared to non-disabled. The noble Baroness, Lady McIntosh of Pickering, was shocked by these figures and so was I.
As we have heard, the so-called carers’ defence clause reposes in the 2015 Serious Crime Act. This defence can be employed by the carer if she can prove that she believed that she was acting in the victim’s “best interests” and that
“the behaviour was in all the circumstances reasonable”.
Stay Safe East maintains that this Act discriminates both directly and indirectly against disabled victims. It says:
“The purpose of legislation on domestic abuse is to protect survivors, rather than to defend the rights of abusers or alleged abusers.”
It is already hard enough to get a case involving a disabled victim to court, as so many difficulties and barriers stand in the way. To abuse a disabled person in the cause of their own “interests” surely must be one of the most patronising and demeaning excuses for perpetrating coercive control of the victim. It piles insult on injury, can prolong the abuse and ultimately denies justice to the victim. I do not need to add to the cogent and clear description, particularly by the noble Baroness, Lady Grey-Thompson, of what this form of coercive control looks like and how it makes the disabled victim feel. Let us shut that loophole and give disabled victims justice and their dignity back.
A carer can already claim the “best interests” defence without our having to enshrine it in law. I listened carefully to the remarks of the Minister on Monday and she seems to have prejudged the amendment without listening to the arguments, which is most unusual for her. In response, I say that the arguments that she uses can be used in favour of the amendment. She said:
“As is the case with all legal defences, it is for the courts and juries to decide merit on a case by case basis”.—[Official Report, 8/2/21; col. 123.]
Why not take this patronising defence out of English law and let the courts decide, as she suggests?
My Lords, I start by commending the noble Baroness, Lady Burt, because she spotted something that nobody else noticed on Monday evening, which is that I spoke in response to this amendment, but the noble Lord, Lord Ponsonby, and the noble Baroness, Lady Grey-Thompson, had not moved it at all. That might be why I sounded as if I had prejudged a bit. I will reiterate some points on this occasion, but I apologise for being a bit previous with my comments.
As the noble Lord, Lord Ponsonby, said, Amendment 171 addresses the so-called carers’ defence within the controlling or coercive behaviour offence. Subsections (8) to (10) of Section 76 of the Serious Crime Act 2015 allow for this limited “best interests” defence, where the accused can demonstrate that they were acting in the best interests of the victim. The defence is not available in situations where the victim fears that violence will be used against them. I must be clear on that. For this defence to apply, the accused would also need to demonstrate to the court that their behaviour was reasonable in all the circumstances.
The defence was designed to cover cases where the accused is genuinely acting in the best interests of the victim. The first example that comes to my mind is a situation where the accused is looking after an elderly partner or parent with Alzheimer’s disease and must ensure that that person does not leave the house for their own safety. In these circumstances, it is entirely possible that the accused’s behaviour, while it might be considered controlling in a different context, is reasonable given the nature of their caring responsibilities.
As we have heard today, proponents of this amendment fear that it may enable the abuse of disabled people. However, there is a real risk that, without such a defence—and bearing in mind the example that I have just given—a person may be wrongfully prosecuted for and convicted of controlling or coercive behaviour, when in fact they were acting in a person’s best interests.
Ultimately—and I am repeating my words from the other night—it is for courts and juries to decide merit on a case-by-case basis, whether or not the threshold for the defence has been met. It should also be noted that similar or equivalent offences in Scotland, such as Section 6 of the Domestic Abuse (Scotland) Act 2018, and the proposed new domestic abuse offence in Northern Ireland, in Clause 12 of the Domestic Abuse and Family Proceedings Bill, which has recently completed its passage through the Northern Ireland Assembly, also contain a similar defence.
I hope that, in the light of my explanation—for the second time—of the necessity of this defence, the noble Lord will be happy to withdraw his amendment.
(3 years, 6 months ago)
Lords ChamberMy Lords, these are two good rounding-out amendments, well argued for by all speakers, and I fully support them both. Like the noble Lord, Lord Kennedy of Southwark, I would have signed Amendment 146A too, if I could have.
Clause 71(5) deals with priority need for victims, as we have heard. The noble Lord, Lord Young of Cookham, introduced Amendment 146A, which seeks to extend the application of priority need for housing for homeless victims of domestic abuse to those who live with, or might be expected to live with, the victim. The noble Baroness, Lady Finlay, explained that this already works perfectly well in Wales. I am sure that the Government have looked at that and seen it for themselves.
The noble Baroness, Lady Bull, described the lengths to which an abuser will go to find out where the victim has gone, which is why it may not be possible for the application to be made in person. The noble Lord, Lord Cormack, reinforced the need of so many victims to get right away. As my noble friend Lady Hamwee said, there is a great shortage of housing, which causes a lot of consternation. It is much better on every level for the perpetrator to move. I am just trailing my amendment that tries to achieve this, which is Amendment 163, coming on Wednesday.
Amendment 147, in the name of the noble Lord, Lord Randall of Uxbridge, tackles the local connection issue for a victim fleeing an area. It would ensure that, even if the victim were not from that area, this would not count against them for housing priority, hence them being designated with a local connection. It stops local authorities from refusing survivors on the grounds of no legal connection. The example from the noble Lord, Lord Randall, shows exactly why this is needed. Both these amendments make a great deal of sense, and I hope that your Lordships’ House is minded to support them.
My Lords, I thank all noble Lords who have spoken in this debate. I come first to the amendment of my noble friend Lord Young of Cookham. He explained that Amendment 146A seeks to amend Clause 71 to allow those who are not experiencing domestic abuse themselves, but are in the same household as someone who is, to be given priority need status. I share his ambition to make sure that all victims of domestic abuse and their household are supported by ensuring that they have access to a suitable offer of safe and secure accommodation. I agree that it is vital that domestic abuse victims who are homeless, or at risk of homelessness, are supported to find an accommodation solution that is safe, meets their needs and reflects their individual circumstances. We think that this amendment is unnecessary because, when an applicant has priority need, the Housing Act 1996 already requires local authorities to provide accommodation that is available for occupation and is suitable for the whole household.
We see several risks with this amendment. We know that victims of domestic abuse may be vulnerable and at risk of being exploited, manipulated and controlled by those in their lives, including family members, the perpetrator or a new partner who may also be abusive. Allowing someone else in the victim’s household to be in priority need would mean that that person, not the victim, would be the primary contact with the local authority. They would receive all correspondence and the offer of accommodation would be in their name. For this reason, it is important that the victim of domestic abuse alone has the priority need for accommodation, guaranteeing the victim control of the application and the rights to secure the accommodation as it will be in their name. I recognise and share my noble friend’s intention to ensure that all victims are able to access accommodation, and that the process of making an application for homelessness assistance should not be a barrier to accessing support. However, for the reasons that I have set out, I disagree with him on how best to achieve that intended outcome.
I agree that it is vital that domestic abuse victims can be supported to make a homelessness application. That is why the Government have made clear in the published draft Homelessness Code of Guidance for Local Authorities that they should be flexible in their approach to taking homelessness application from victims, by enabling victims to be supported in making that application by a family member, friend or support worker if they wish to be. The guidance also reinforces that local authorities should facilitate interviews by phone or online, where this is most appropriate for the victim, and make sure that translation services are available. Lastly, the guidance highlights that local authorities, where appropriate, should accept referrals from concerned parties, allowing someone else to make the initial approach on behalf of the victim, provided that they have the victim’s consent and the application can be safely verified with the victim. In short, we believe that there is already provision in place to achieve the outcomes sought by my noble friend in his Amendment 146A.
Amendment 147 in the name of my noble friend Lord Randall seeks to amend the Housing Act 1996 to give victims of domestic abuse a local connection to all local authorities in England when seeking homelessness assistance under Part 7 of that Act. The existing legislation and guidance on this matter is clear that a housing authority cannot refer an applicant to another housing authority where they have a local connection if they or anyone who might be reasonably expected to reside them would be at risk of domestic abuse in that area. The Homelessness Code of Guidance for Local Authorities makes clear that a housing authority is under a positive duty to inquire where the applicant would be at risk of actual or threatened domestic violence. It stipulates that authorities should not impose a higher standard of proof of actual violence in the past when making their decision. If an applicant is at risk, they can present at another local authority.
As such, protections are already in place for victims of domestic abuse that ensure they are not housed in a local authority area where there is any risk of violence or abuse. The local connection test seeks to keep a degree of fairness to ensure that those who live locally are prioritised and that no one authority gets oversubscribed. The current provisions in place under Section 198 of the 1996 Act strike the right balance to support victims.
Finally, the noble Lord, Lord Kennedy, and the noble Baroness, Lady Armstrong of Hill Top, talked about when women often flee to other local authorities, and the situation with social housing need. They are absolutely right that many victims of domestic abuse are forced to flee their homes to seek that safety and support in a refuge or other form of temporary accommodation. It is often in another local authority area because, of course, why would you stay where you were in danger? In November 2018, the Government issued statutory guidance for local authorities to improve access to social housing for victims of domestic abuse who are in refuges or other forms of safe temporary accommodation. The guidance here makes absolutely clear that local authorities are expected not to apply the residency test for victims who have fled to another district. I hope, with the points I have made, that my noble friend would be content to withdraw his amendment.
(3 years, 7 months ago)
Lords ChamberMy Lords, this has been a thorough and wide-ranging debate. I support all the amendments under consideration in this group. Part of the downside of speaking last is that most of the arguments I was going to make have been made so I will not detain the Committee by repeating him—at least, not wittingly.
This is a welcome set of redefining measures aimed at beefing up the statutory duty the Bill imposes on local authorities to provide accommodation support and to widen the definition of what information should be considered in identifying trends and which groups of individuals should be included. They make the Bill more specific and spell out in an inclusive way who local authorities should be aiming to help. Nobody can accuse the noble Lord, Lord Rosser, of overlooking anyone. However, if we are not careful, we can make assumptions about who our typical victim is. Had my noble friend Lady Hussein-Ece been well enough to speak tonight, she would have spelled out the plight of women from BAME communities, 70% of whom are unable to access accommodation-based services and rely specifically on specialist community-based services. I particularly support the comments of the noble Lord, Lord Rosser, in this respect. The little phrase “regardless of status” means that no one should be left out and that all victims are helped and treated according to need, not immigration status or anything else.
The amendments spell out the parameters of the assessment, not just what the local area considers they should be. Amendment 108 refers to a national needs assessment and a national strategy. For the first time, we could get a national picture of provision to see where is performing well and where is not in relation to a national yardstick of needs.
However, accommodation is expensive, so Amendment 89 makes clear that the relevant local authority must make sufficient resources available. The Government need to rethink the financial provision for these services. It is woefully inadequate, as many noble Lords have already pointed out. The quality and variety of accommodation is also important, as is who it is for. The injustice of the victim having to move out is also tackled, depending on the wishes of the victim.
Amendment 89 also requires authorities to publish the outcome of their monitoring and evaluation of the strategy of support provision. Data is so important, as the noble Lord, Lord Lucas, said. Otherwise, how are we going to know how individual authorities are doing or whether the service they are providing is meeting the need? We do not know how far the provision of services varies by area and, as things stand, we do not know how they are fulfilling local needs. This amendment would help greatly.
My Lords, I am grateful to the noble Lord, Lord Rosser, for setting out the purpose of these amendments, which, as he said, seek to strengthen the provisions in Part 4 of the Bill. I welcome the strong support for the provisions in this part, which will place a duty on tier 1 local authorities in England to provide support for victims of domestic abuse and their children within safe accommodation. We all want these provisions to work as effectively as they can in delivering much-needed support. The issue before us is whether the framework provided for in Part 4, which would include the accompanying regulations and statutory guidance, is up to the task. I think it is and I will endeavour to persuade the Committee of that.
I will start with Amendments 89, 93, 95, 97, 98, 99 and 100 to Clause 55. This clause places a duty on each relevant local authority in England to assess the need for domestic abuse support for all victims and their children in relevant accommodation. As my noble friend Lord Young of Cookham said, this will be specified by the Secretary of State in regulations. If I were standing here before your Lordships tonight saying that national Government would assess the needs of local areas, there would have been a bit of an uproar. Local authorities are best placed to assess the particular needs of victims and their children in their local area, and in assessing needs, relevant local authorities will consider the differing requirements of all victims, including those with protected characteristics as well as victims who may come in from outside the local authority area. That last point is an interesting one because, as was pointed out by, I think, the noble Lord, Lord Woolley, many victims of domestic abuse will come from outside the local authority area because they will be fleeing their abusers.
My noble friend Lord Young of Cookham also talked about—I do not know in relation to what—the question of refuge addresses never being disclosed. If he has any evidence in that regard, I would really like to know. I have been to see many refuges and, while I have been told their general area, I have never been told the address. This is quite a concerning point, if indeed it turns out to be the case. He and other noble Lords also talked about funding. I agree that funding has to be sustainable and has to be enough. Regarding the £125 million that has gone towards this, MHCLG considered two areas: first, the cost of and need for support in safe accommodation; and, secondly, the administrative cost of delivering new functions. MHCLG engaged with local authorities and service providers to reach this new burden estimate.
Local authorities will then need to prepare and publish a strategy for provision of the support, as identified by an assessment of the needs within their area; give effect to the strategy; and monitor and evaluate the effectiveness of the strategy. The statutory guidance issued under Clause 58, which we have now published in draft, will set out the Government’s clear expectations and requirements regarding the delivery of the duties. Local authorities should ensure that the strategy clearly sets out a holistic approach to delivering the tailored support required by all victims in safe accommodation in their area. This guidance will be clear that local authorities should give effect to their strategies by meeting the support needs of all victims of domestic abuse and their children, based on a robust local needs assessment.
I share the concern of the noble Lord that some particularly vulnerable victims of domestic abuse face barriers to accessing support. As set out in the Equality Act 2010, local authorities are already subject to a public sector equality duty and must already have due regard to how to reduce disadvantages faced by people with protected characteristics and how to meet their particular needs in all the services they provide. However, to further underline the importance of supporting vulnerable victims, we intend to make it clear through guidance that local authorities should consider all the additional barriers that may prevent victims with relevant protected characteristics accessing support in refuges and other safe accommodation when they need it.Local authorities should set out in their strategy an agreed approach to address those barriers, and will need to take the advice of their local partnership board as they do that, working with partners including tier 2 local authorities in their area, specialist domestic abuse providers, PCCs and health bodies.
The guidance will also make it clear that local authorities should set out the different support needs identified through the local needs assessment, and the current provision of support for victims in the local authority area, highlighting any gaps identified. This includes setting out the identified support needs of children within safe accommodation and how they will be adequately met.
We will recommend in the guidance that local authorities have a clear approach to monitoring and evaluating local delivery against their local strategies, and they will need to undertake full evaluations at least on an annual basis to comply with the reporting requirements in Clause 57. We will also recommend that local authorities should publish their evaluation and monitoring approaches and outcomes. My noble friend Lord Bourne asked about Wales. Part 4 deals with devolved matters, so it is up to the Welsh Government to make the appropriate provisions for Wales.
Amendment 96 relates to consultation. This is already required by Clause 55(4), and the duty to consult applies not only to the initial strategy issued under that clause but to all subsequent iterations of the strategy. We will also make clear in the guidance that local authorities must consult the local partnership board, tier 2 authorities within the area, and such other persons as they consider appropriate, before publishing their strategy and any subsequent revised versions of the strategy.
The draft guidance recommends that local authorities should provide a clear consultation mechanism providing an up-to-date version of the strategy, as well as adequate time and a clear timeframe for organisations to review and feed back. In addition, the guidance is clear that local authorities should set out a clear process that organisations and individuals can use to raise concerns about the local strategy and authorities’ approach in addressing the needs identified.
I recognise that there is a balance to strike between providing local authorities with flexibility to meet particular local needs while ensuring a consistent approach to the provision of support within safe accommodation across the country. I believe the clauses as drafted, supported by regulations and comprehensive statutory guidance for local authorities, will provide that balance.
As I have said, we have recently published the guidance in draft, and in doing so consulted Women’s Aid, Imkaan and Refuge. I appreciate that noble Lords, the Domestic Abuse Commissioner, local authorities and others will not yet have had an opportunity to examine it in detail. We would welcome feedback and will consider any suggestions for improving the guidance. Once the Bill is enacted, we will then formally consult on the final form of the guidance, as Clause 58 requires, before promulgating it alongside the coming into force of the provisions in Part 4.
I appreciate the intention behind Amendment 102, but I have concerns that we risk building in far too much rigidity and bureaucracy into the composition of the local partnership board and unduly constraining the flexibility that local authorities have to appoint and run their local boards in a way that meets their particular needs.
Clause 56(2) sets out the minimum required members of the board. In addition to a representative from the relevant local authority, the board membership must include at least one person representing the interests of each of the following: tier 2 local authorities in the relevant local authority area; victims of domestic abuse; children of domestic abuse victims; charities and other voluntary organisations that work with victims of domestic abuse in the area; persons who provide or have functions relating to healthcare services in the area; and policing and criminal justice agencies in the area. That list is the minimum requirement, but local authorities will have the freedom to invite on to the board additional members, such as those the noble Lord has suggested in his amendment—accepting that there is considerable common ground between the list in Clause 56(2) and that in Amendment 102.
We think that Clause 56 as drafted adopts the right approach, specifying the minimum required members of the board to ensure the right expertise, but providing local authorities with flexibility to best meet local circumstances, including if appropriate by setting up reference groups to support the board. Relevant local authorities must have flexibility to decide whether an existing board, expanded or reconstituted, can fulfil these requirements, or whether to create a new dedicated board in order to fulfil this duty.
The noble Baroness asks a very pertinent question. If those schemes do not exist, how are they going to be provided for? I will do some digging before Report and perhaps I can get back to the noble Baroness with some of the fine detail.
I thank all noble Lords for this wide-ranging and well-informed debate. I promise not to detain noble Lords, but I sense a groundswell of support from all sides of the House and from outside the House, including from the commissioner herself, for this issue of community- based services, and concern about the unintended consequences of decoupling community-based services from accommodation-based services.
I know that the Minister is doing her absolute utmost to make this Bill the best that it can possibly be, but I do not recognise her comment that local authorities are utilising local welfare funds effectively—the noble Baroness, Lady Lister, came back on that point after the Minister’s response. The Minister raised the practicalities of implementation and asked for evidence to back this up if she is to go back to the Treasury and ask for some more money. We might well get our heads together and see if we can give it to her. That would be a great solution on all sides.
In the meantime, we will reflect carefully on what the Minister said and, of course, reserve the right to return to the issue at a later stage. Meanwhile, I beg leave to withdraw the amendment.
(3 years, 7 months ago)
Lords ChamberMy Lords, I thank all noble Lords who have spoken in this debate with such constructive comments. As the noble Baroness, Lady Burt, has explained, Amendments 51 and 54 seek to address what may be a gap in the domestic abuse commissioner’s powers in relation to ensuring that lessons are learned from domestic homicide reviews. These are abhorrent crimes; of course, every death is a tragedy, as is the suicide of a domestic abuse victim. Domestic homicide reviews are a valuable mechanism to understand what lessons can be learned from these deaths to prevent further tragedies. We recognise that there is room for improvement in the way these reviews are conducted and the lessons applied.
Section 9 of the Domestic Violence, Crime and Victims Act 2004 provides for domestic homicide reviews to be undertaken by police forces in England and Wales, local authorities, providers of probation services and relevant NHS bodies. The accompanying guidance states that reviews must be published on community safety partnership websites following approval from the Home Office, unless there are exceptional circumstances not to do so. To that extent, the review findings will be available to the commissioner, but I recognise that there is a case for going further.
In relation to England, most of the bodies I have listed—probation service providers being the exception—are already subject to the duty to co-operate with the commissioner under Clause 15. It would thus be open to the commissioner to use her powers under that clause to achieve the outcome sought by Amendment 54. In addition, we are ready to review the current guidance, in consultation with those who undertake domestic homicide reviews, with a view to including a standing expectation that the findings of these reviews are shared with the commissioner.
With regard to the other reviews referred to in Amendment 54, the guidance on domestic homicide reviews is clear that such reviews must be considered when the death of a person aged 16 or over has, or appears to have, resulted from domestic abuse. As a result, it is possible that homicide may be subject to more than one review, albeit each with a different focus and purpose. As a consequence, without further consideration of the interplay between the various reviews referred to in Amendment 54, we are not yet persuaded that it is necessary to place a requirement on the relevant public authorities to copy the findings of the reviews listed in subsection (2) of the proposed new clause where the review relates to a domestic homicide. However, as I have indicated, as the noble Lord, Lord Russell, made his point about data being the key, if on further analysis there is a good case for such a requirement, the commissioner can use her Clause 15 powers to this end.
As to whether the list of specified public authorities in Clause 15 should be extended in the manner proposed in Amendment 51, this is again something we can consider further. Noble Lords will understand that we should fully consult the bodies in question before reaching a conclusion on this. We may not have sufficient time to complete such consultations ahead of Report but, in any event, Clause 15 contains a power to amend the list of specified public authorities by regulations.
On the broader point, I accept the concerns related to the collection of data on domestic homicides. That is why the Home Office has undertaken to create a central repository to hold all domestic homicide reviews. Once introduced, all historical reports will be collected to ensure that there is a central database on domestic homicides. It is also clear that the domestic homicides review process would benefit from the closer involvement of the domestic abuse commissioner. We intend to work with her to consider which parts of the review process would benefit from her involvement.
Finally, Amendment 189 would require regulations to remove a specified authority under Clause 15 to be subject to the affirmative resolution procedure. In our delegated powers memorandum we argued that the negative procedure affords an appropriate level of parliamentary scrutiny, given the constraints on the regulation-making power, notably the fact that it cannot be used to remove a body that is listed in the clause on enactment. Regulations can remove a body from the list of specified public authorities only if that body had previously been added to the list by regulations. In its report on the Bill, the Delegated Powers and Regulatory Reform Committee raised no objection to the negative power.
In conclusion, I am sympathetic to Amendments 51 and 54, but they require more analysis and consultation before we reach a firm conclusion. Moreover, the powers of the commissioner in Clause 15(1), the duty for a specified public authority to co-operate in subsection (2) and the regulation-making power in subsection (4) offer a way forward without the need to amend the Bill. That said, I would be happy to update noble Lords ahead of Report on progress regarding our consideration of these issues. With that undertaking, I hope that the noble Baroness will be happy to withdraw her amendment.
My Lords, I thank everyone who has participated in this short debate. Some of the statistics cited are absolutely fascinating, as are the insights that noble Lords are able to bring to a subject like this. I was interested to note that the Minister said that the commissioner already has the powers to require co-operation from all but one of the groups we are seeking to add, and yet the noble Lord, Lord Russell, and my noble friend Lady Hamwee both alluded to the fact that the commissioner has requested these particular powers to be added. We will see whether we can get to the bottom of this.
I am heartened by the words of the Minister. She has said that she will update the House again before Report. That will be extremely helpful to the whole House and it will determine how we need to take things forward. With that, I beg leave to withdraw the amendment.
(3 years, 7 months ago)
Lords ChamberI am grateful to the Government for the Statement and for all the things they are doing to support victims of domestic abuse in the pandemic and in the longer term through the Domestic Abuse Bill and in other ways. It seems clear thar the repercussions of Covid will last for a long time after we all emerge from the lockdown. Some victims will not report their abuse for years. Women’s Aid figures show an average of six years between the abuse beginning and a victim coming forward for help. So, we must put the support in place, ready for whenever it is needed.
There is no doubt that help is urgently needed now. The Government have announced £125 million for safe accommodation and £40 million for victims’ services, but there is still no clarity about when the money will reach services, and many face a cliff edge in March. Many are already preparing for the worst, including redundancy processes in some cases. Can the noble Baroness give any clarity on when funding will reach them? Can funding be planned on a longer-term basis so that services can focus on helping victims instead of worrying about having to close?
The Statement says that the £25 million emergency Covid funding has provided almost 1,900 bed spaces in safe accommodation. However, the Routes to Support database, which is the UK-wide directory of refuge vacancies, reported in November a net increase of only 317 spaces. Can the noble Baroness explain this huge shortfall?
The latest initiative being announced today, the “Ask for Ani” code for requesting help at selected pharmacies, is a great idea and very welcome. However, I wonder about the practicalities of how it is going to work. Training for staff will be absolutely vital if the victim is to be helped and not endangered further. Can the Minister confirm that the actual training consists of watching a video? Does she feel confident that people will feel confident and equipped to respond to a survivor effectively?
Finally, I make a helpful suggestion about victims who are migrant women with no recourse to public funds. I understand the considerable effort and money invested in a pilot project to investigate how best to help, and we have to be patient. However, while all this evaluation is taking place, women are suffering and dying because they are faced with the impossible choice of destitution or remaining with their abuser. Why not extend the destitution domestic violence concession to all victims, just for now? All victims deserve compassion and help, whatever their immigration status. Would not the Minister agree?
I thank the noble Lord, Lord Kennedy, and the noble Baroness, Lady Burt, for their questions. First, I pay tribute to the noble Lord, because it was he and I who exchanged words in a debate around the code word, and it is very pleasing that it has now come to fruition. He asked about taking it forward and about co-ordination. Taking it forward is not just about a phone call; it is absolutely about the first port of call to enable the woman—usually it is a woman, although it might be a man—to be dealt with in the appropriate way, at the appropriate time. Obviously, that may not be in the pharmacy; it will be by the relevant professional, depending on the case. But, yes, it is not just about picking up the phone in the pharmacy and hoping for the best. There has to be far more of a co-ordinated approach.
The noble Lord also talked about the reach of the statement by the Prime Minister that anybody who needs to leave home because of domestic abuse can do so—they are the exception. I agree with him that that statement got far more traction this time than last time, but it was not that it was not mentioned; I think it was the fact that the Prime Minister mentioned it so publicly in the daily update. I think people are in no doubt about the fact that, if you are a victim, you can leave home.
The noble Lord also said that the £76 million was slow to get out. I understand that £27 million of that funding has already got out, so he is not wrong about it being a third—but, of course, it is the annual amount and, therefore, we would not want to spend the whole lot now. I think that the £11 million is on top, but I shall correct that if I am wrong. The £76 million is for four of the organisations that have been granted awards, which are focused on the impact on children; the noble Lord talked about children, and a number of funds focus on them. The Department for Education and the Home Office have funded Operation Encompass, with £194,000 of funding to provide a support helpline for teachers to assist children affected by domestic abuse. There is an £8 million fund for the “well-being for education return” scheme, funded by the DHSC, DfE and PHE. Of course, he will know about the “You are not alone” campaign, which has been incredibly successful, gaining 130 million take-ups on social media.
Some forces have actually developed incredibly clever technology for taking statements discreetly so that a woman or a victim of domestic abuse does not very obviously have to go to a police station. I know that Gloucestershire police have instigated DA response vehicles.
The noble Lord mentioned the £11 million Barnardo’s fund to support 50,000 vulnerable or hidden children. The Home Office launched the “Something’s Not Right” communications campaign to help children exposed to a range of harms. On top of that, there is the NCA’s Thinkuknow campaign for parents concerned about the online safety of children, which is vital during the lockdown. There are quite a number of packages of support, so noble Lords will see that children are at the heart of our response.
The noble Lord talked about the increase in the capacity of the sector to meet the demand. I think that noble Lords will agree that some packages of funding that we have delivered or will be delivering will meet that capacity. He also talked about the postcode lottery, which is important. When I first went into MHCLG, there was a really patchy picture of people who could access DA services versus those who could not. The duty on first-tier local authorities goes some way to address that.
Both noble Lords talked about the sustainability of funding. I cannot disagree with that because it is crucial for services to be able to make long-term decisions instead of having to lurch from one set of funding to the next.
The noble Baroness, Lady Burt, talked about migrant women. We had the opportunity to discuss them during the passage of the Domestic Abuse Bill. She will know that there is a £1.5 million pilot programme up and running to see where some of the gaps in the provision for migrant women lie. However, let me make it clear that any woman or man suffering domestic abuse will get the support she or he needs.
(3 years, 9 months ago)
Lords ChamberLess than 1% of refuges nationally provide LGBT+ domestic abuse survivors with specialist support. I heartily endorse what the Minister said earlier, and hope that she agrees that the role of the domestic abuse commissioner should include monitoring and evaluation of all statutory agencies, to ensure that LGBT+ victims and perpetrators get the help that they need.
As I said earlier, gaps in community provision are precisely what the domestic abuse commissioner is looking into as we speak, to ensure that there are none. It is important that everyone, regardless of who they are and their sexual orientation, has these services available to them.
(3 years, 9 months ago)
Lords ChamberIf anyone is subjected to domestic violence or any other type of exploitation outlined by the noble Baroness, we will treat them first and foremost as victims. The Government have—particularly during the Covid situation, as she outlined—put quite substantial funding into ensuring that people in these vulnerable positions, and their children, get the help that they need, when they need it.
The Minister has told me that she believes that all domestic abuse victims should be protected, no matter what their status. Therefore will she confirm that, when amendments to the Domestic Abuse Bill to afford financial protection to all are put forward, they will be favourably received?
I do not know what the amendments are, but the noble Baroness will know, since I have responded to her previously on this, that we will look as carefully as we can at any amendments that seek to protect women at a very vulnerable time in their lives, hence the support for migrant victims scheme which will be rolled out very shortly. We will look at gaps in provisions but, to return to her initial point, people will be treated as victims first and foremost.
(4 years, 1 month ago)
Lords ChamberMy Lords, my understanding is that the ONS does not recommend using data from the over-74s because it is collected from people who are required to use a tablet computer—hence the lack of good information the older people get. As an excuse for not using data on over-74s, this is not good enough. So will the Minister take this one back to the ONS and tell it to come up with a system that works for everyone, no matter what their age?
The noble Baroness makes a good point. I do not know whether the reluctance to come forward is a technology issue or because those over 74 come from an age when domestic abuse was not spoken about and discussed as much as it is now, but I will certainly take back her point about scrutinising whether technology is the impediment.
(4 years, 1 month ago)
Lords ChamberThe Walk Free Foundation, a human rights group, found that 75% of hospitality businesses were flouting anti-slavery legislation. As we emerge from lockdown, debt bondage will have increased and traffickers could capitalise as pressure on the hospitality industry to survive grows. Will the Government increase the number of workplace inspections and ensure that inspectors are highly trained to identify victims of trafficking?
The noble Baroness makes a very good point. However, as I said earlier, modern slavery can be a hidden crime, so it is incumbent upon all agencies in their work to try and identify the signs of modern slavery and tackle it. The noble Baroness makes a very good point about the hospitality industry.
(4 years, 2 months ago)
Lords ChamberI could not agree more with my noble friend. We fully recognise the devastating impact that domestic abuse can have on children and will of course reflect this in the accompanying statutory guidance. The Government have listened very carefully to the very strong views expressed on this during the passage of the Bill in the other place. I can update him: we have undertaken to reflect further on this issue.
Has the Minister seen the briefing produced by Birmingham University on domestic violence and child maltreatment during Covid? It proposes repurposing existing NHS surveillance methods, such as scheduled emails and text messages for health surveys, to include questions to see whether anyone at risk of domestic violence or child maltreatment is being victimised. If she has not seen it, could she have a look?
I have to confess to not having seen it, but I can recognise what the noble Baroness says and therefore what the report might contain. I shall have a look at it, but I do not disagree with that point. I will take this moment to correct a number that I gave to the noble Baroness, Lady Gale. The #YouAreNotAlone campaign has not received 120 million online impressions; it has received 220 online impressions.
(4 years, 3 months ago)
Lords ChamberThe noble Baroness might be pleased to know that we are currently reviewing the level of allowance, taking Covid-19 factors into consideration. However, I cannot promise uplifts to UC levels.
My Lords, my noble friend Lady Doocey outlined the shocking plight of refugees, who are forced to make the impossible choice between enduring dangerously unsanitary conditions here or the dangers of returning home to the source of their persecution. I was very pleased to hear the Minister talk about the 4,000 hotel rooms that have been made available; we know that hotel chains have been very generous in their offer of rooms. How many refugees are currently staying in hotel accommodation? How many are left living in other types of accommodation, and what are the plans to ensure that they have safe, sanitary conditions in which to sit out the pandemic?
There are basically three types of accommodation: the initial, hostel-type accommodation facilities for people arriving here; hotel accommodation facilities, as the noble Baroness mentioned and as I pointed out earlier; and dispersed accommodation, which is where the significant majority of our service users reside. The latter consists of houses or homes of multiple occupancy, which obviously accommodate smaller numbers. I cannot give her the figures on hotel accommodation, but I can certainly write to or email her with these.
(4 years, 4 months ago)
Lords ChamberIt is a crucial point. We have made £1.6 million available immediately to the NSPCC to expand and promote its helpline for adults. Expanding the helpline will mean that many more adults know how and where to raise concerns or seek advice and support regarding the safety and well-being of any children they are worried about. We also have the NCA’s online safety at home campaign, which provides vital support and advice to children.
Do the Government not recognise that migrant women, because they have no recourse to public funds, are in great danger of being turned away from refuges? Will the Government please consider suspending the no recourse to public funds rule for all migrants during the crisis, and abolishing it altogether for these most vulnerable women and their children?
One of the things the Government have done is to announce £3.2 billion of funding for local authorities to support the most vulnerable victims in our society. Of course, the noble Baroness is referring to people who have not yet got a legal right to be here, and I totally see the point that she is making.
(4 years, 4 months ago)
Lords ChamberMy Lords, the Home Office has provided an additional £2 million in funding to bolster specialist domestic abuse helplines and websites. This will ensure that all victims can access vital support safely and securely; it is in addition to the £750 million announced by the Treasury for charities. Alongside this, the Home Office has published specific guidance on GOV.UK and launched a new awareness campaign to signpost support services for victims.
The shocking increase in domestic violence, with a doubling of deaths and a 50% increase in calls to helplines, shows that there is more than one kind of epidemic happening in this country today. More than 60% of the women were turned away from refuges before the coronavirus epidemic. However, some good can come of this. This week, the Home Affairs Committee recommended a cross-government approach to tackling this scourge on our nation. For example, we could loosen the rules and speed up the availability of housing benefit to help refuges move families into social and other accommodation, thus unblocking the places in refuges. Will the Minister use her considerable powers of persuasion to knock departmental heads together and make tackling domestic abuse a central pillar of our Covid-19 response? Will she meet me, Women’s Aid and other charities virtually to ensure that we leave this crisis in a better position to protect victims than before we knew that the coronavirus existed?
I think the noble Baroness will agree that we have always had a cross-government approach on domestic violence. Certainly, some of the round tables that we had before coronavirus, in the lead-up to the Domestic Abuse Bill, were very consensual and collaborative. It is certainly something that I will continue to promote. We have been meeting and engaging virtually with charities right from the start of the outbreak of this pandemic.
(4 years, 7 months ago)
Lords ChamberTo ask Her Majesty’s Government, following the 40th anniversary of the adoption of the Convention on the Elimination of all Forms of Discrimination Against Women, what plans they have, if any, to put forward a representative to the Committee.
My Lords, the UK is fully committed to fulfilling its obligations under CEDAW and the Government recognise the important role played by CEDAW in holding state parties to account in implementing the convention. As with all UN bodies, the Government consider a range of factors in deciding whether to propose a UK representative formally and will continue to consider future vacancies that arise.
My Lords, Mrs Thatcher herself ratified CEDAW 40 years ago but we have not sent a representative since 1982. This deprives other members of our input and deprives us of our ability to offer our expertise towards resolving challenges, such as the amicus brief submitted by the BackTo60 campaign for pensions justice for women born in the 1950s. The Government have until 6 March to nominate someone. Will the Minister do all she can to ensure that we fulfil this right and obligation?
I fully support what the noble Baroness outlines. It might give her comfort that the FCO has prioritised support for the UK nominations to the Human Rights Council and the International Criminal Court in 2020. She will also know that the chances of success are low without a significant campaign, particularly as CEDAW vacancies tend to be oversubscribed. All that said, the FCO has committed to support the GEO in backing a UK nomination for the 2022 CEDAW elections.