Domestic Violence (Police Response)

Brooks Newmark Excerpts

Thursday 10th April 2014 Westminster Hall

[Mary Macleod]

I thank my hon. Friend for raising that. I completely agree. The Minister may want to respond to that. Not enough has been done in those areas, and we need more specialist training in them across the country.

Looking ahead, in June this year updated guidance will be published on investigating domestic abuse. In September, new guidance will be published from the improved study on the cost-effectiveness of intervention programmes for children experiencing domestic violence and abuse. In January next year, research will be launched for Project Mirabal at the Centre for Research into Violence and Abuse. Work has also been done on a victims law by Keir Starmer, the former Director of Public Prosecutions, and others to see whether more can be done to encourage victims to come forward. I have been impressed in the past few years by the good cross-departmental working on this and related subjects, and I ask the Minister to reassure us that that will continue. The Home Office and the Foreign and Commonwealth Office will hold an event in June on ending sexual violence in conflict, and in July the Department for International Development will hold a girls’ summit on female genital mutilation and forced marriage. All those initiatives on violence against women and girls have a part to play.

Some consistent themes have emerged from recent studies, including inconsistency between forces in the way cases are handled; lack of intelligent data gathering, training, and empathy for victims; and victims’ persistent reluctance to enter the criminal justice process. I want to speak about some of the key learning points in the reviews and how those can shape our response.

Faced with the disturbing statistics, the Government have made domestic violence a priority since 2010. The Home Secretary said in the document “Call to end violence against women and girls” in 2010:

“My ambition is nothing less than ending violence against women and girls. There can be no excuse for these horrific crimes that ruin lives, destroy childhoods and damage our society.”

Some valuable steps have been taken already to deal with domestic abuse. We have extended the definition of domestic violence to include emotional abuse and controlling behaviour and to include those aged 16 to 17. That was an important step forward: it is not just about physical abuse. Abuse goes far wider than physical violence. The lead-up to that—the financial, emotional and psychological abuse—is often as difficult to take as, and longer-lasting than, some physical abuse.

We have ensured that there is long-term funding for rape crisis centres. In London, where my constituency is, the Mayor has quadrupled rape crisis provision, opening three new centres and expanding the only centre in south London. We have piloted domestic violence protection orders, to be extended throughout England and Wales from March. We have introduced Clare’s law, the domestic violence disclosure scheme to enable people to find out whether a partner has a history of abusing. We produced the targeted “This is abuse” advertising campaign for teenagers, to get across the message about what constitutes an abusive relationship. The Government have allocated nearly £40 million in funding until next year for specialist local support services and helplines, and to part-fund 87 independent sexual violence advisers.

[Mr Brooks Newmark (Braintree) (Con)]

Does my hon. Friend agree that coercive control is often a pathway to violence, and far more debilitating than anything else? Should the Government consider at least criminalising coercive control in the same way as physical abuse is now criminalised?

[Mary Macleod]

My hon. Friend makes an interesting point. I ask the Minister to look into it, because in many cases physical violence starts with emotional and psychological abuse. The stories of many victims show a pattern of behaviour: that can be manipulative or controlling, and financial or psychological. There may be an apology: it is always about making someone feel that they are at fault.

[Mary Macleod]

My hon. Friend is right on that. It is difficult to understand what the tipping point is, but it is important to do that to find ways to save and transform lives before the point of major violence.

[Mr Newmark]

I am not sure whether my hon. Friend has addressed the fact that policing, or the legal system—perhaps the Minister can clarify this—do not make it possible to pick up a behaviour pattern. Domestic violence is brought to court on the basis of an individual case, whereas problems could be dealt with much earlier if there was a legal framework to deal with the creation of a pattern of behaviour.

[Mary Macleod]

My hon. Friend makes an important point.

The Mayor of London has developed a strategy on violence against women and girls for 2013 to 2017. The Metropolitan police have identified a senior officer to lead on domestic abuse, and established a continuous improvement initiative known as Operation Dauntless. One of the strands of the operation is targeting domestic abuse perpetrators and managing their behaviour to reduce reoffending. The top five highest-risk perpetrators in each borough will be identified, and tactical plans will be put in place.

The HMIC report on the police response focused on four key aspects of the issue, and showed that we cannot be complacent and that there is much more to do. They were whether a force is effective in identifying victims of domestic abuse—particularly repeat victims and vulnerable victims; whether the initial force response to victims is effective; whether victims of domestic abuse are made safer as a result of the police response and subsequent action; and whether the force has the appropriate systems, processes and understanding to manage domestic abuse and risk to victims in the future.

The study identified some good points. Domestic violence and abuse are a much higher priority—they are a top priority for the Metropolitan police in my constituency in the London borough of Hounslow. Another finding was that 79% of victims were happy with the initial police response. Multi-agency partnership working has become more commonplace. That is the right approach, and can include multi-agency risk assessment conferences and safeguarding hubs.

Eight forces were singled out for particular praise, and I am sorry that the Metropolitan police was not among those. They are Lancashire, Dorset, Durham, Warwickshire, Norfolk, Northumbria, Suffolk and Thames Valley; they were felt to be doing a reasonable job. In Hounslow the police hold a weekly one-stop shop where victims can seek advice. There are monthly multi-agency risk assessment conference meetings. Four independent domestic violence advocates are on hand, and there are action-trigger plans for repeat cases. The police have issued TecSOS phones to the most vulnerable victims, so that they can seek help at the push of a button.

Operation Dauntless contributed to the fact that more than 200 more domestic violence cases were investigated last year, so it made a difference.

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[Mr Brooks Newmark (Braintree) (Con)]

I thank my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton), who demonstrated why he was excellent as a Children and Families Minister; he brought his experience to bear in this debate. I thank in particular my hon. Friend the Member for Brentford and Isleworth (Mary Macleod) for bringing this important debate to the House today. Notwithstanding the fact that the recess is almost here, it is a pity that there are not more hon. Members in the Chamber to participate, given the importance of the issue.

Two women each and every week die as a result of domestic violence. In the past year, an estimated 1.2 million women in England and Wales have experienced domestic violence. Domestic violence can be suffered by both men and women but, statistically, men are overwhelmingly the perpetrators and women are overwhelmingly the victims. This speech is dedicated to women who have suffered domestic violence, but it is especially dedicated to my constituent Christine Chambers, who was brutally murdered, with her daughter Shania, in 2012 by her ex-partner after years of physical and psychological abuse.

Much of what I have to say is reflected in an excellent report by Women’s Aid entitled “Women’s Access to Justice”, which was produced for the all-party group on domestic and sexual violence and is in addition to input that I received from Paladin, the National Stalking Advocacy Service and the Sara Charlton Charitable Foundation.

I begin by commending the Home Office for the steps that it took last year to redefine the definition of domestic violence to include coercive control. Unfortunately, coercive control often goes hand in hand with physical abuse. However, without a legal framework to support the new definition, there is a limit to the impact it can have on victims of domestic violence. In ongoing intimate relationships, the law prohibits only physical abuse, despite the change in definition.

Many victims of domestic violence say that physical violence is not the worst part. There is a gap that allows the pattern of controlling behaviour and intimidation to remain outside the reach of the law. In simple terms, the law does not conceive of victims—mostly women—as victims of ongoing abuse, but sees them rather as victims of isolated events involving physical violence. As a result, women become entrapped in abusive relationships and no one goes to prison without the physical evidence of an isolated incidence of physical violence with enough injuries.

Research by Women’s Aid shows that the majority of women in abusive relationships reported violence to the police only after it had been going on for between six months and five years. Even when women report abuse, it is treated as a single incident without taking into account a pattern of behaviour, as I said to my hon. Friend the Member for Brentford and Isleworth. As such, it is often treated as a low-level misdemeanour, and a man who has been violent on one occasion is punished in the same way as a man who might have committed dozen assaults against his partner. That is unacceptable.

Given the lack of statutory framework, the current remedies focus on changing the victim’s behaviour rather than addressing the perpetrator. Because of the lack of freedom often experienced by victims, those remedies are limited in their effectiveness. I firmly believe that criminalising all aspects of domestic violence, including coercive control, would increase public awareness of the problem and send a strong message that controlling and psychologically abusive behaviour in a relationship is not acceptable. It would also ensure that courts could take into account a pattern of behaviour, which would allow the appropriate response.

According to studies, early intervention would reduce domestic violence by some 80%. Countries such as Spain, France, Portugal, Sweden and the US have already taken steps to enact laws with reference to intimate partner violence that offers a wider criminal definition than physical violence. The effects have been significant, and have saved lives and money. Stalking laws allow the justice system to take into account patterns of controlling behaviour after a relationship has ended, but not enough is done to prevent controlling behaviour from escalating during a relationship. We should be calling for a change in the legislative framework so that patterns of controlling behaviour and psychological intimidation are targeted far earlier, to protect victims better.

I strongly believe that domestic violence needs to be criminalised in a way that allows the controlling and psychological aspects of it to be recognised. By developing our current legal system to close the gap between the current response and the way in which we should respond to domestic violence, we will be able greatly to reduce the suffering and oppression of victims. In many cases, victims have commented that the control and psychological damage exerted on them by their partners was far more harmful than any physical abuse.

The main concern of the various women’s groups I have spoken to is that coercive, abusive and intimidating behaviour are tools used by a perpetrator to exert control. When a victim finally gathers the strength to leave, the abuser may feel as though the only way in which they can reassert control is through physical violence, and in the worst case death, as tragically happened to my constituent Christine Chambers. For that reason, we must do more to criminalise psychological abuse at an earlier stage. I would like that to be given greater recognition in the criminal justice system to stop ongoing abusive behaviour and save victims much sooner than is currently possible.

I want to make a number of recommendations to the Minister on behalf of the groups that I met. First, there should be better data collection. Many advocacy groups have said that the Government are failing to collect vital statistics relating to domestic violence. They have suggested that the Government should review data collection procedures as a first step to building a greater understanding of domestic violence. Secondly, we must improve training and awareness. All front-line police officers and justice officials should receive domestic violence awareness training to bring about a change of culture in the way in which victims, particularly women, are treated. Thirdly, legislative loopholes must be closed. The Government should review the current legislation on domestic violence to close legislative loopholes by, for example, giving consideration to criminalising coercive control and patterns of abusive behaviour.

Fourthly, we need more effective prosecutions. Law enforcement agencies should move away from evidence that is based solely on victim testimony. The police should begin to build a case against a perpetrator the moment they walk through the door, through better evidence gathering. Finally, we must develop a more victim-centred approach. Governments should work to break down barriers to justice, increase information and communication with survivors about their cases and invest in better court facilities and technology. If the Government implemented those changes, I believe that they would take the steps required better to protect victims of domestic violence.

Too many women have suffered already, and we must take steps to ensure that no more women have to suffer at the hands of a partner or ex-partner. I would like to end by thanking Polly Neate and Clare Laxton of Women’s Aid, Laura Richards, the founder of Paladin, and Antonia Packard and Rhea Gargour of the Sara Charlton Foundation.

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[Norman Baker]

It is a question of both, because if people are not taking domestic abuse seriously, they are not interested in tracking repeat matters, which was the point made by my hon. Friend the Member for Braintree (Mr Newmark).

[Mr Newmark]

I do not mean to undermine the Minister, but training is about more than simply an attitude; one has to invest, which means some real money, perhaps a reallocation of resources. He is absolutely right, there has been a fall in crime and I have seen that locally in Braintree, but as we are saving money, I would like to see some reinvestment made to address specific recommendations, such as those which I made in my speech, which include better technology and better training, so that we get a change not only of mindset, but in the education of the police as to what domestic abuse is really about.

[Norman Baker]

I want to pick up on that point and approach it logically. Body-worn cameras, for example, have been an investment, but they are not being used as they ought to be, so there is also a matter about how the police deal with the technology that they are given. In addition, I confirm that the College of Policing—a good innovation introduced by the Government—will deliver better training in such matters within their resources. It is prioritising what it wants to do on domestic abuse, which is something that we are dealing with on a number of fronts, as I will explain.

Responding to domestic abuse is and must be seen as a core part of the police’s job. I want the priority to be in practice, not only on paper. HMIC has found that the coalition Government’s introduction of directly elected police and crime commissioners and the establishment of the College of Policing, which I have just mentioned, are two significant changes that will make a difference in supporting forces and in holding them to account. Change, however, must be driven by police at all levels. The report is an opportunity to make a real and lasting difference. Chief constables need to take personal oversight to ensure that things happen. We need leaders to recognise and reward officers who are working hard to improve the reality for victims of domestic abuse.

The Opposition spokesperson suggested—she said “gently”—that the Home Secretary should have made a statement as soon as the HMIC report came out. I want to put it on the record, however, perhaps as a Liberal Democrat rather than anything else, that the Home Secretary has been absolutely rigorous and determined to make progress on domestic violence since 2010—the whole House recognises that—and even more so subsequent to the report. On day one of the report’s publication she produced a written ministerial statement, she wrote to all colleagues in the House of Commons and she wrote to all chief constables and police force leads, making it clear that her expectation, in line with HMIC’s recommendations, was that each force will have a plan in place by September to improve its response to domestic violence and abuse.

The Home Secretary has committed to chairing a national oversight group to lead immediate improvement. She has not delegated that to me or to officials; she will lead it herself, and I will serve on that group with her. The group has a clear and specific mandate to monitor delivery against each of HMIC’s recommendations, so people’s feet are being held to the fire. The group will bring together the organisations that must make change with experts on domestic abuse, and it will sit for the first time shortly. The Home Secretary will issue quarterly reports on progress. The coalition Government will ensure that those important recommendations do not become yesterday’s news. They are live issues to be continually monitored, and progress must be pursued.

My officials are already working on delivering the actions for the Home Office that were identified by HMIC. The Home Secretary has advised chief constables that she will mandate the collection of performance statistics on domestic abuse by the police, which several colleagues mentioned, and work to build victim satisfaction into the picture so that we can meaningfully monitor progress to deliver improvements. We will also review the domestic homicide review process—a point that was also raised—to ensure that it provides the best possible opportunity for local areas to learn from individual tragedies.

Police action to address HMIC’s findings will build on work already being carried out by the coalition Government. We have introduced Clare’s law, as my hon. Friend the Member for Brentford and Isleworth mentioned, and we have introduced domestic violence protection orders to give the police a broader range of tools to break the cycle of abuse. My hon. Friend the Member for Hornchurch and Upminster (Dame Angela Watkinson) referred to that issue in her speech, which was rather moving, when she said that a victim would sometimes be forced out of her house. It is precisely because of that problem that we have introduced domestic violence protection orders, which allow the victim to stay put and require the perpetrator to leave the premises. That puts the victim centre stage, rather than making them something of an add-on, as they have been in the past.

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[Norman Baker]

I will write to my hon. Friend on that specific point. However, the protection order is an alternative that is immediate—it immediately protects the victim. I will write to hon. Members here about the nature of the non-molestation order so that the information is more widely available.

When introducing the debate, my hon. Friend the Member for Brentford and Isleworth asked for an assurance that the work that is under way will focus on effective outcomes and not simply on the production of endless statistics and reports. I am happy to give her that assurance. We need culture change and that is certainly central to the work that the Home Secretary and I are taking forward. We are not simply interested in statistics; we want to see real change on the ground to benefit the people who are adversely affected by this terrible crime.

My hon. Friend asked what could be done to encourage greater reporting of domestic violence incidents. I am happy to tell her that domestic violence reporting is on the rise and although the figures from the crime survey for England and Wales suggest that the level of domestic abuse and violence is roughly flat, the number of incidents reported to the police has risen, which suggests that more people are confident about reporting such incidents to the police. More of the incidents that are occurring are being formally reported. That is good, and shows that sometimes when crime is officially rising, it may be because more people are coming forward to report crimes that hitherto were hidden. That must be helpful.

My hon. Friend asked whether the Home Office would review the priorities set by police and crime commissioners to check whether domestic abuse is included. The Home Secretary has already taken these matters up with each PCC, and I think PCCs throughout the country now understand not only that this is an important issue for the Government, which it certainly is, but that their own populations are drawing it to their attention rather more. I am confident that more and more attention will be given, in a more structured way, to taking that issue forward in local police plans. The challenge, as I have mentioned, is not simply getting PCCs to include it in their plans; it is to make sure that police follow it through in a way that is effective to protect victims of domestic violence. As a general point, the national oversight group, which the Home Secretary has set up and will chair, and which I sit on, will make sure that domestic abuse is a priority for all areas. If there are any areas where it is not taken seriously, that will change, because we intend to make sure of that.

As to how we would ensure that guidance from the College of Policing will be fully integrated in day-to-day policing operations, the Home Secretary and I expect that all chief constables will have plans in place by September, as I have mentioned, to drive a culture change in front-line policing and, again, a national oversight group will bring together the College of Policing and police leadership to ensure that training is effective and that it is rolled out across the UK.

The hon. Member for Shipley (Philip Davies), who is not in his place, and one or two other hon. Members referred to domestic violence affecting men. Figures were quoted to suggest that a large number of men are affected. I have asked for that to be dug into more, because I want to make sure that we compare like with like. I suspect that female victims of domestic violence are, overwhelmingly, those in a relationship with a man who commits domestic violence or abuse against them. I want to make sure that male victims represent the same thing. The figures may include male-on-male cases such as fathers and sons, or brothers. I want to make sure that the figures do not misrepresent the situation. Vera Baird, the PCC for the north-east—I cannot remember what the area is called—mentioned that to me. There is, of course, some domestic violence against men, and that needs to be factored in. I was asked whether there are refuges for men, and I am aware of at least one, which opened in Berkshire in 2012, which accommodates males, including those with children, who have had to flee domestic abuse. There may be others that I am not aware of.

The hon. Member for Finchley and Golders Green (Mike Freer) asked what we were doing to deal with religious groups that ostracise victims. That is of course a difficult matter to deal with, but the Under-Secretary of State for International Development, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), and I have met religious leaders to talk about female genital mutilation in particular, and to try to engage their help in tackling that version of domestic violence—or violence against women, anyway. I am keen to go further with that, so I shall be looking to make more progress with religious leaders in that regard. I think that the hon. Gentleman also asked whether there was any guidance for police on same-sex couples when there is violence. The current police guidance on investigating domestic abuse, which was issued in 2008, covers same-sex relationships. The intention is that it will be updated to build into it the findings from the HMIC report.

The hon. Member for Braintree raised the issue of coercive behaviour and asked whether a pattern of such behaviour can constitute domestic abuse. The answer is yes. He also asked whether there are problems in proving that, and the answer is yes. We believe, and the HMIC report suggests, that police forces do not keep good data on repeat victims, which makes it hard to prove a pattern. It is not, however, impossible. The situation must change, and that will be a focus of the national oversight group, which, as I mentioned, the Home Secretary chairs. I do not think that it is a question of the law, because domestic abuse is a crime, and coercive behaviour is part of the definition, as we heard from my hon. Friend the Member for Brentford and Isleworth, when she referred to the change that we made. Indeed, the hon. Member for Warrington North also mentioned the change in the definition of domestic abuse. The issue is ensuring that the evidence is collected in order to enable a successful prosecution to be carried through, rather than necessarily finding a new law. The law to deal with coercive behaviour and repeat patterns is already there. However, it is of course an important matter and I fully accept that it is easier to deal with isolated incidents than ongoing, what might be called low-level, domestic abuse. I am sure that that will also be covered by the work of the national oversight group.

[Mr Newmark]

From speaking to women’s groups, my impression is that the problem is that there is no legislative framework. Simply saying that it will be taken into account does not deal with the substantive issue. The Minister said that it is low-level, but coercive abuse can sometimes be far more pernicious because of the psychological damage that it does. One should not say that physical violence is somehow that much worse than coercive behaviour. The Government should at least be looking at trying to find some form of legislative framework to encompass coercive behaviour.

[Norman Baker]

When I said low-level, I was referring to perhaps each individual instance, but I very much accept that the accumulation of such instances may, of course, have a result that is worse than an instance of violence. I am sorry for giving the wrong impression.

As I said, we think that the behaviour we are discussing is already covered by the law; the issue is that the data are not being collected and the evidence accumulated in a way that leads to successful prosecutions in many cases. Nevertheless, we do believe that it is possible to deal with such behaviour under existing laws. I am reluctant to move towards having narrowly defined, specific laws, because the thrust of the Government’s intention has been to move away from that. Narrowly defined law can lead to people finding loopholes, which were mentioned by the hon. Member for Warrington North. An example of our intention is that we have amended the antisocial behaviour legislation to make general offences easier to deal with, because exemptions have been found that made prosecutions unsuccessful. I believe that a general definition that can include coercive behaviour will be a more successful way forward, provided that the police are collecting the evidence and a system is in place to enable that to be successfully followed through to a prosecution.

My hon. Friend the Member for East Worthing and Shoreham mentioned the provisions of the Children Act 1989. He made an important point and, as he said, it has not been given sufficient attention in the past. I will undertake to see what we might do to tie the Department for Education rather more into these matters—he will be aware of my wish to do so—and to ensure that legislation that is specifically children-orientated is given proper attention. He is right to say that children are not necessarily attacked physically, but can suffer significantly, as he very eloquently outlined, as a result of being in a place where domestic violence occurs, particularly when it occurs over a long time. That will be very damaging to children.

The hon. Member for Warrington North was right to refer to the work on gangs, because the work by the Deputy Children’s Commissioner in the harrowing report on gangs demonstrated how teenage girls in particular are often subject to appalling violence. That is one reason why we have been running the “This is Abuse” campaign, to which my hon. Friend the Member for Brentford and Isleworth referred. That is also why it is targeted particularly at boys, why the message is very clear that no means no, and why we are trying to educate young boys in particular about what consent is. Clearly, there is an issue about people understanding consent, and that needs to be rectified.

We are also using role models who will be effective in getting these messages across, so that it is not Ministers or police officers who are communicating the messages to young boys; it is, for example, pop stars. We have used the band The Wanted, Jason Derulo and people like that, and we have also used outlets such as MTV. We have tried to use the outlets and the people who will be effective in getting the messages across, and I think that we have been quite successful in doing that.

The HMIC report states that an

“HMIC inspection on child protection is currently underway. It will review how effective the police are at keeping children safe.”

The Department for Education believes that it is important that police advise children’s social care when children are in an abusive environment. In the most severe cases, children at immediate risk should be immediately protected by being removed if necessary. If there is further work to do to link up the police and children’s services, I hope that will be considered by the oversight group as well.