Carolyn Harris
Main Page: Carolyn Harris (Labour - Neath and Swansea East)Department Debates - View all Carolyn Harris's debates with the Home Office
(5 years ago)
Public Bill CommitteesThe fact that you need to do that shows that that is an area of work, once the Bill goes through: police forces have to consider that as domestic abuse and violence. That is a whole new area for the police to be trained on and for you to inspect, ensuring that the new requirements are understood and the services are there to support victims. Clearly, there is some work to do there.
Q
You will be aware, as I am, that women’s prisons are full of women who have experienced domestic violence. When these women are convicted of criminal offences, it is very often through coercive control and behaviour. Are police forces aware of that and are resources stopping them from identifying that these women are victims of trauma?
Zoe Billingham: To reinforce what you say about women in prisons, perhaps the most profound thing I have experienced in the five or six years I have been doing this work is visiting a women’s prison and speaking to prisoners, all of whom have been victims of domestic abuse. They all gave an account in a very small focus group of the failure of the police to understand the circumstances that had, they said, driven them to activity that resulted in their being in prison. I would certainly like to look at that in greater detail in the future. It is certainly something that I know more forces are thinking about: how they can ensure, through training, that the home circumstances of alleged offenders are being taken into account when looking at women’s offending particularly. I am afraid it is not something that we have done a specific inspection on, but it is an area that we are interested in looking at in the future.
Q
Zoe Billingham: We have no powers of direction. We are an independent inspectorate, so our recommendations are just that. A force could, if it so chose, ignore our recommendations. We find that that happens almost never; when it does, it will be because forces have had to prioritise in different areas. Our power is to come back time and again, to check whether the changes that we recommended have indeed been made, and to report to the public—in a clear way, I hope—whether the improvements we thought necessary have been made and, where they have not, to explain that that has not happened. That will obviously affect the grade that we provide to the force in that particular inspection.
Q
Zoe Billingham: I wish there was a simple answer; if there was, it would have happened and the changes would have been made. There is a whole range of issues, starting from the moment when the police are informed about an incident, that are leading to an attrition.
One concern, which we want to look at in the work we are doing this year and into next year, is how potential offenders are being dealt with and brought to justice, the interface between the Crown Prosecution Service and the police, and in particular the number of referrals being made to the CPS by the police and the advice on charging that the CPS is providing to the police.
We have not done the detailed work on that yet, but the issue is about the interface between the police and the CPS, the decision on whether a charge should be brought on a domestic abuse-related case and whether—as I often hear from the police when I go into forces—the CPS has set the bar to secure a charge impossibly high. Obviously, if we do not secure the charge then we will never secure the conviction. We hear a lot of anecdotal evidence in that regard, but I cannot give you specific, hard and fast evidence.
One thing that we are doing next year, which may help to shed a little bit of light on some of the areas where we lose victims, is whether the issue of bail and release under investigation is leading to a diminution in attendance of those needed in court and an eventual loss of victims who basically give up, because the timeframe is spread out so long across a whole domestic abuse case. We are doing a specific piece of work looking at the effect of release under investigation postal requisitions, so that we can see the real reasons behind the elongation of the time factors and the changes around safeguarding that may flow as a result.
Yes, the national advisor role.
Nazir Afzal: I job share the role with a colleague of mine. I do two days and she does three days. It is a statutory role that was created by the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015. Going back to a question you put to Her Majesty’s inspector, independence is a state of mind; it does not have to say “independent” in the Act. What we have been able to do—I spoke to the Domestic Abuse Commissioner about this yesterday—is to have access. My colleague and I were able to meet with the whole Welsh Cabinet a year ago and talk about this issue, and about cross-Government work that needs to happen. There are four director generals in the Welsh Government in four Departments, and I meet them every quarter. I would hope that the Domestic Abuse Commissioner would have similar access. We know that this is not just a policing issue; it is an education issue and a health issue—it is cross-cutting—so it needs that kind of access. We get that kind of access.
We are also advocates for the sector. When people knew I was speaking today, I got several hundred emails from the various NGOs, which do phenomenal work, saying, “Raise this; raise that”—although there is not enough time. We can do that advocacy for them or with them within the Welsh Government. We are literally on the road all the time—with the geography of Wales, you have to be on the road all the time—in order to try to understand the various issues that take place. We alert the First Minister and his Government to those issues in an intelligence-based, early way so that before it hits the proverbial, some action can be taken. It works really effectively.
As I said to the Domestic Abuse Commissioner yesterday, if she gets the kind of access that we have been given, if she gets the kind of freedom that we have, and if she is able to enforce her independent way of thinking—it goes without saying that she has enormous credibility within the sector—all those things will make her role really fulfilling. We have been able to look internationally and look at best practice across the UK. I think Wales lead the way—they will love me for saying this. The VAWDASV Act was four years ago, and they have put in place so many things.
One of the things I am concerned about with this Bill is what is underneath it—that is, the implementation strategy. Wales has grasped that and there is a phenomenal implementation strategy. There is the national training framework; you name it, there are all sorts of things underneath which will enable, and are enabling, us to deliver on the Act. We are there as critical friends to the Welsh Government and also to the Home Office here. We are able to share learning from Wales, and also to the Scottish Government.
Q
Nazir Afzal: Somebody will die or be severely injured in Wales today because of domestic abuse. There is no way on earth that I am going to be complacent, and neither should we. There will be victims with every minute of every day. On that basis, what progress has Wales made? There are issues with the Bill that I am happy to share with you, but implementation is key. If you do not have leadership from the top, it will not happen.
Let me give you another example. The First Minister has asked for his whole Cabinet to get training. Then he asked all the Assembly Members to get training, and he asked all their support staff to get training—to the point where, in Wales, 170,000 people have now been trained under the 2015 Act. Some 4,000 professionals—that is, pretty much every professional in the ambulance service and police service—have been trained. I encourage you as Members of Parliament, if you have not done so, to undergo some training to enable you to spot the signs. If leaders are doing it, it comes down from that. If you have done it, others who work for you and with you will do it as well.
With the implementation strategy, the amount of guidance that has been produced is second to none. There are guidelines for governors of universities and governors of further education institutions; there are guidelines on elder abuse, which I think you mentioned earlier on; and there are guidelines on children as victims. That is what we call “ask and act” training guidance, because in the legislation it invites professionals to ask if something is not right and act upon it. That is all in place.
A key point with regard to the Bill is that every local authority has a public duty to compare and publish annually their strategy on violence against women and girls, domestic abuse and sexual violence, and to put that out to the public and say, “This is what we are going to do”, and be challenged on it. Unless you mandate that and prescribe it, it is not going to happen. That is why I encourage you—it is not too late—to do that in the Domestic Abuse Bill. The Welsh Government have done that. They have commissioning guidance, so that every commissioner of services, and there are many, knows how to approach it. There is guidance left, right and centre.
In terms of what we still need to do, there is a big issue that only the Treasury can help us with: sustainable funding. From all the non-governmental organisations that mailed you and me, you will know that on 31 March they will not know whether they will have a job on 1 April. The people they service will not know whether they will have a service on 1 April. Unless you have at least an indication that your funding is x number of years, you cannot plan. Cardiff and Vale has a seven-year funding cycle. It tells everybody, “This is what we’re going to give you this year,” and indicates what they are going to get for the next six years. It can plan on that basis, and that is what we would like the rest of Wales to do. That is certainly what the NGOs in England would prefer you to do.
Q
Nazir Afzal: It is premature, to be honest. The Scottish Government do not have a role of the kind that you have in the Bill, and that the Welsh Government have. It would be premature of me to tell you what their plans are. There is certainly good practice—there is no getting away from it. When we talk about knife crime, we talk about the public health approach in Glasgow, do we not? If the public health approach can work for knife crime, it can work for violence against women and domestic abuse. The idea of being able to contain people who are currently infected, for want of a better term, and then prevent others from becoming so by dealing with the infection—it is the same thing with domestic abuse. They are applying the kind of approach we are taking in Wales, and I hope England will do the same. There is good learning, good sharing and good practice. The Scottish Government are probably no further forward than England in relation to structural governance issues, but the will is certainly there.
I go back to what I said. Part of the problem, as HMI indicated earlier, is that we have a bit of a perfect storm right now. Scottish police numbers and health service numbers have been reduced. There has been an impact on all sorts of areas where previously the people were there to provide that level of service. NGOs do not have the same funding. If you have a significant increase in victims, as we have had over the past three years or thereabouts, there is nobody there to provide them with the service. Scotland is no different from England and Wales in that regard.
I am going to bring in Carolyn Harris to ask some questions. If anybody else wishes to speak, please indicate now.
Q
Secondly, you talked about IDVAs; is there a programme in Wales for having IDVAs in hospitals, specifically for elderly people? I was in A&E with my son, who had pneumonia a couple of weeks ago, when I heard the nurse at the next bed asking a young girl if her problem was because of domestic violence. Can you tell us a bit more about that?
Nazir Afzal: The second one is easy. Yes, there is a programme to recruit more IDVAs. It is a bit haphazard because they are employed by different agencies—health, police and crime commissioners and so on—but there is a significant programme to increase the numbers. There was a dip in the mid-2010s, for all sorts of resource reasons.
On the first question, there is another campaign, which is about religious marriages also having to be certified—that is, to become marriages recognised by British law. I support that, too. You have given one example; I can probably give you several hundred others of people who did not know that they were married. In any event, if these people were married, their ability to seek a divorce is challenging, to say the least, and abuse is often tolerated in such circumstances. There is a role for the state to say, “If you enter into a religious marriage, you should also have a civil marriage.” There is some good practice around that—for example, just up the road in the Regent’s Park mosque you have to have the religious marriage and a civil marriage at the same time. Why can they not do that anywhere else? I absolutely agree with you on that.
Are there any further questions from Members?
Nazir Afzal: Can I just say one more thing about release under investigation, because I forgot?
Q
Eleanor Briggs: It is certainly a really complex issue and something that we have thought really hard about and discussed in great detail with other children-sector organisations. Ultimately, we agree with the Government’s decision to go for the 16 age limit. We talked in detail to frontline practitioners, such as Sally and others, and to our safeguarding experts, and the final decision we made was that because abuse of someone under 16 is child abuse, we did not want to muddy the waters. We wanted to keep it absolutely clear that under 16 it is child abuse. Also, the age of consent is 16, so that is another factor to consider.
We do recognise, though, the need for support for children and young people in romantic relationships under 16 where abuse happens, and we warmly welcome the recommendation from the Joint Committee around the need for a Government review to look at those relationships. One thing we would stress is that the experience from when the age limit in the definition was lowered from 18 to 16 showed that adult responses are not necessarily the right ones, so a different model could be needed for 16 and 17-year-olds. We would ask that that review consider 16 and 17-year-olds as well. Sally has extensive experience of what services work for young people and how they need to be different.
Sally Noden: It is great that we are looking at it, but we need to recognise those relationships and we need to look at services through the lens of a young person or teenager. An adult service may not meet those needs. In Newcastle, we have a service called West End Women and Girls Centre, which has peer educators, and those peer educators are young people who have been through abusive relationships and are now trained to be peer educators with other young people. That sort of service is really important.
I have experience of a young person working in a service. I was in a children’s centre and I was running the Freedom programme, which is a social educational programme. This young person was 17 and I suggested that she came on to the programme, but there were women who were much older than her and their experiences were very different to her experience, and she did not feel as valid. I learned from that mistake. She did not feel valid because her relationship was an 18-month relationship and she was listening to women who had been in abusive relationships for 30 years. I did a lot of work with her after that. We absolutely need to recognise that there are abusive relationships, but we need to have the right responses for them.
Q
Sally Noden: We need to have the right services and we need to invest in services for some of our young victims. In Newcastle, we have one of the only specialist services. In the past four months, I have had 59 referrals, but I have one and a half counsellors. In the sense that the resources are not there to do the work, we need to look at some peer education work and work on what healthy relationships are about. We need to look at some early intervention work, but then there need to be those specialist services to help break the cycle. There are a number of fantastic programmes out there, such as the Drug Abuse Resistance Education programme and the Domestic Abuse, Recovering Together programme, but again, from my experience in Newcastle, we had the programme running, the funding stopped, and it has not run again. It might come back again. We need to have the right resources to have the right community responses.
Q
Sally Noden: There is some very good joining up. I sit on the violence against women and girls strategic group in Newcastle with a whole host of services, and we work really well together. However, there are not the resources to continue the work that we need to do.
Eleanor Briggs: That is where the Bill offers a real opportunity. Two things can happen in the Bill that would contribute. The first is to put children as victims into the definition. Our view is that that being in the statutory guidance is not strong enough. We can talk in more detail about the definition.
Secondly, the duty on the Ministry of Housing, Communities and Local Government should be extended. We really welcome the duty and the fact that it will look at accommodation-based support but, as the previous witness said, we really feel that the refuge should be the person’s home and that the support needs to be there in the community for children. That will build into the whole cycle: if we get the support for children early on, they will learn what healthy relationships look like. We know that Sally’s excellent service in Newcastle is Big Lottery funded and only has two more years to go, so what happens to it after that? If we had the statutory duty extended out, we could have secure, proper and long-term funding for services for children, and that would help to break the cycle.
Q
Sally Noden: It is a battle to get the money to keep going. As Eleanor said, our money comes from the Big Lottery Fund. I work really closely with Safe Newcastle, with their offices, and they are really supportive—they were supportive of our Big Lottery bid—but they are not able to give us the funding.
Eleanor Briggs: And that is one of our concerns. If the MHCLG duty comes in as designed at the moment, just for accommodation-based support, the local authorities will be under pressure to fund refuge and accommodation-based support. Obviously, we see the need for that, and it is very important, but the duty needs to be wider, because if the funding is all going into that, funding will come away from non-statutory services, as we have seen with children’s services. Under the Children Act 1989, statutory services are still being provided, with increased money going into them, but the funding has come away from the non-statutory services—the early help services. Although we welcome commitments to funding for the new duty, which is fantastic, this will be in law for the long, long term and we cannot guarantee that the funding will always be there. That is why the legislation needs to be right and why we need to have a statutory duty for both accommodation-based and, crucially, community services that include children and young people.
Q
Sally Noden: I think it is about linking up with community services—making sure that there are the resources within community services. We talked about Operation Encompass, which I think is fantastic, but it needs to go further. There needs to be the support. It is great to do the silent monitoring or to enable the teacher to help that child through the day, but are we actually saying, “It’s okay—it’s okay to go back home”? We have to be honest: children will be going back home, so there needs to be an open discussion and resources to be able to work with a child to make sense of that and enable them to be resilient. There are services to support women who are in abusive relationships and plan to leave, and there is support to enable them while they are in that relationship. We need that for children as well.
Q
Jo Todd: It is true of any intervention around domestic abuse that it has the possibility to solve the problem and be safe and effective as an intervention, or to make things worse. Whenever we are looking at developing new things, and DAPOs and the positive order requirements are one of those, we need to really think about how this might raise the risk, as well as how it might reduce it. There are concerns—about not putting enough resource in and not being specific enough about what the positive order requirements are—that mean it could go in the wrong direction. We are hoping to work with you and possibly put amendments in to make sure that that does not happen.
With certain things, such as the specified responsible person who recommends to the courts what should be included in the DAPO and then is responsible for monitoring that requirement, there is not at the moment the same level of specification about whose that role should be. The Government may already have plans and thoughts around who would fill that role: whether it be probation or police, I am not sure. However, at the moment, that is not clear. It is really important that that role is of high quality, is an expert, is able to assess suitability and risk for various different interventions, and is then able to manage that risk. That is an important part of it.
Quality assurance is key, and you know that Respect has a set of standards for perpetrator work. When new interventions come up, we have to flex those standards and think about what is appropriate for the new types of work. It is really important that there is quality assurance around the DAPOs and the role. That means really thinking hard about what those positive requirements might be. Is it a range of requirements? What I would like to see, and what we have advised the Home Office on already, is not just having a one-size-fits-all short intervention, which I think is the risk, but having at your disposal the kind of things we have talked about already that Drive has got. You could just say, “You can go on this behaviour change programme for six weeks,” or something like that, but if someone is not suitable for a behaviour change programme because they are resistant to change and their lifestyle is chaotic, there is no point putting them on one. They will sabotage the whole process for everyone who wants to be on it. In that case, the disrupt and the case management element of Drive would be suitable.
I would like the DAPO to have the flexibility to be able to say, “You are suitable for this and this, but not this, this and this.” Obviously, it all takes resource to be able to do those assessments. I am plugging the call to action and strategy on perpetrators, but if the Government were able to comprehensively write a strategy on perpetrators, it would cover all those things, ensure a range of activities and have to be in every geographical area, and that is a real challenge; that is really resource-intensive, but I think you would see results.
We know the costs of domestic abuse are astronomical—I am sure everyone in this room knows the £66 billion a year figure that the Home Office published earlier in the year. I do not think the public realise that £66 million is frittered away on the social and economic impacts of domestic abuse. If we were to use some of that money in a proactive and strategic way to address the cause of the problem—the perpetrator—we would start to get somewhere.
Q
Jo Todd: Some of it—some of the things I have mentioned—goes alongside the legislation. Domestic abuse legislation is focused on responding to abuse that has already happened, which of course is really important, but we need to prevent it from happening or stop it happening again if it has already started. That is hard to put into legislation. Some things have been suggested, such as polygraph testing—that is in the Bill at the moment.
I think you could spend your money a lot more wisely than on polygraph testing, and really think about GPS tracking. It has been piloted around the world, but in Spain in particular, and has been very successful. In case you do not know, because technology has moved on so much and we are all running to keep up with it, the tags that people on probation can have when they are released into the community can restrict them from going into wide geographical areas. You can put protections around victims, such as a 10-mile radius, or saying that he is not allowed in a certain town or cannot go where the school, the hospital or her mum’s house is, and all the travel in between those places. You can programme those tags. I would like money to be put into those kinds of things. If probation took forward technological advances, that would be really interesting to pilot, rather than polygraph testing. I didn’t know if anyone would ask me about that, so I thought I would get it in.
I keep coming back to quality assurance, but if I was putting anything into the Bill, it would be around the standards for work with perpetrators and the commissioning guidance around that. At the moment, commissioners are sometimes flailing. They want to do the right thing, but they have limited budgets. It is great when commissioners take notice of our standards—quite a lot do—but they are not compelled to, so some do not. Standards that are looking at safe and effective practice need more money than quick, cheap options.
I would look at putting an amendment in the Bill on quality assurance in perpetrator work. I have had a conversation today with the Domestic Abuse Commissioner on how that might fit with her role and with her oversight. There is still a bit of thinking to do about that, so I would be happy to take that forward with the Home Office, although we have all been watching the news today and are not sure where we will be in a few weeks’ time, but the positive thing is that everyone—in this room, it is a cross-party group—wants to take this Bill forward. Whoever ends up in government, and whatever form of Government we end up with, I am hoping will take forward the Bill. Again, that is something that the sector would appreciate some reassurance on. We will all be knocking on the doors of the people writing the manifestos really soon, to get some of the things that we want from the Bill into manifestos. You will be expecting us, I am sure. Does that answer your question?
Q
Emily McCarron: I am not a statistician, so I cannot advise on the exact statistical methods, but there are opportunities with IDVAs, as you imply. We are also trying to raise the opportunity within the healthcare setting to better detect where domestic abuse of older people is occurring. Admission and discharge are critical points, when the experience of domestic abuse of older people can be picked up by healthcare professionals, so that is an opportunity potentially for data to be collected on, or certainly for more understanding of, the incidence of domestic abuse. That is why—for that point—we are calling for healthcare professionals to receive specific and ongoing training so that they can identify when domestic abuse is occurring, and so that they can better support older people.
The same goes for IDVAs. We know that only 5% of the people who seek support from IDVAs are over the age of 60, which is extremely low, so there is an opportunity here also to boost that role, particularly in the healthcare setting, where older people are likely to turn up with domestic abuse issues. Many older people are perhaps reliant financially or physically on perpetrators for financial or care support, and go to GP appointments with the perpetrator perhaps, but when they go to hospital, perhaps alone for the first time, there is an opportunity to intervene, to see what is going on and to see what support can be provided.
Q
Emily McCarron: I cannot comment on the specific situation in Wales. We have identified a gap overall in the NHS, which could be providing much more training—or there is an opportunity for those healthcare professionals to intervene and to provide support, as well as to identify.
Q
Emily, you gave us very good written evidence on a different type of domestic abuse for older people from what we have been talking about. We have very much been talking about intimate partners, and this is really about adult family members abusing the older members of their family, or people with disabilities in their family. Perhaps you could talk to us a bit about what you know about that and the prevalence of it. What more do we need to do to reflect on it? For the first time, that type of domestic abuse is being captured in legislation.
Emily McCarron: We know that domestic abuse is a gendered crime. However, at Age UK we receive about two calls a day from older people, their families and their support about this issue. Older men and women, as they age, are more likely to experience domestic abuse at the hands of family members—not just intimate partners. Older people are almost equally as likely to be killed by a partner or spouse as by their adult children or grandchildren. We are very pleased to see the definition of domestic abuse expanded, particularly with regard to the inclusion of statutory inquiries into suspected financial abuse, which is very relevant to older people.
We would like that definition to be expanded further so that it recognises the whole array of family relationships and the complexities and vulnerabilities that arise in those relationships as a person ages and their care needs develop and change. We are calling for the definition to be expanded to include abuse that is perpetrated not just by family members and intimate partners, but carers, because they provide care in a domestic setting to a person whose vulnerability has increased as they have aged. That is why we are calling for the definition to be expanded. We must recognise that older people experience domestic abuse not just at the hands of intimate partners; it is a new array of family members, neighbours, friends and carers.