Tackling Stalking

Lord Hanson of Flint Excerpts

Thursday 5th December 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a very old declaration of interest, but I was a member of the independent parliamentary inquiry on stalking, led by Elfyn Llwyd MP, which published its results in 2012 and led to the first change of legislation that identified stalking as a separate criminal offence, as opposed to it just being gathered in under harassment, as had happened before. I was also a victim of sustained stalking before the days of online stalking, over a period of two and a half years. Indeed, my noble friend Lady Thornhill was also in receipt of some of the very unpleasant attentions of this person.

The independent inquiry found that victims of stalking, whether domestic or not, had little confidence in the criminal justice system, from the way that police handled cases and helped victims and how the CPS frequently plea-bargained with perpetrators, resulting in a distinct lack of justice for egregious cases of stalking. I wish that I could say that this was history, but it is not. Nothing has changed in the cultural way that the entire criminal justice system deals with stalking. The law may have changed, but far too many stalking victims are still told that they should welcome the attention. Far too many find that their cases are plea-bargained away to harassment or some other minor offence and, as a result, that gives encouragement to the perpetrators. The reason that I mention this is that one of the things that was recognised was that many stalking cases involve perpetrators with fixated threats; they are manipulative people who have coercive-control behaviour, very deceitful behaviour and—most worryingly—with some perpetrators, a ratcheting-up of their illegal behaviour. Not enough is done to support victims of stalking.

In my particular case, it did not start with violence at all, but the reason why the police moved quickly at the end of a two and a half year period was because the perpetrator was using kitchen knives to slash tyres and their adviser said that, having done this to houses and damaged houses of the people he wanted to target, the next thing he would do after using these knives on inanimate objects would be to move to people. He was then swiftly arrested. Helpfully, he pleaded guilty and there has been nothing else since, but it was a pretty awful two and a half years.

This Statement focuses on the police response, where the Minister talks about those who have not been listened to or have even been told that they should have been flattered by the stalking actions. I welcome the fact that the Government recognise this, but the three issues that the Government are responding on—multi-agency statutory guidance on stalking, again; a review of stalking legislation, again; and publishing more data, again—are all welcome, but will not change things.

I pay particular tribute to Nicola Thorp. She is a brave woman, and we salute her, but she is one of many women who repeatedly have to tell their stories. Why, therefore, are false claims to families, friends and workplace victims able to be ignored when it comes to plea bargaining? I ask that, because these really manipulative stalkers do that. London’s victims’ commissioner, Claire Waxman, is herself a victim of stalking. Her perpetrator, whom she did not know, has been jailed seven times, and the behaviour continues. Once known, police can advise victims on how to protect themselves—for example, by installing alarms in their homes. If the individual who is being stalked recognises them, they can go to the police and say, “I’ve seen them in the vicinity of my house”. If they do not know who they are, how can they report when they are in danger?

I briefly mention one particular case where an ex-partner, who had continuously stalked his ex and her son, was given her new secret address by the children’s social worker, because he said he was so distraught at not being able to see his son. As a result of that action a handful of years ago, he broke into her new flat, threw his son against the wall and then raped the mother in front of the child. That is because the agencies did not know. It is fine to have victims informed, but can the Minister say whether other agencies involved in these cases will also know, so that that sort of mistake cannot be repeated?

Can the Minister also confirm, as has already been mentioned, that he will commit to requiring social media companies to publish reports setting out the actions that they have taken to address online abuse and stalking against women and girls? Will they be informed about these perpetrators who are repeat offenders? Social media companies will not pick it up on their own but, once they have a name and an IP address, which the police will have, it would be easy to do so.

I end by saying that I broadly welcome this Statement, as I think all victims of stalking do, but the biggest issue is how we can change the culture in the police and the criminal justice system. It is apparent that, 12 years since the new laws were introduced, it is the culture on the front line of the criminal justice system that needs to be changed.

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to His Majesty’s Opposition for their support for the measures and for the work that was done by the previous Government in highlighting and putting in place legislation that had Opposition support at the time to at least start to address this problem. I say to the noble Lord and to the noble Baroness, Lady Brinton, that I think the Government’s pledge, our manifesto commitment, to halve the level of violence against women and girls over a 10-year period will send a clear signal to both central government and external agencies that relate to government on this issue and many others that this is a really important issue that has to be addressed by the state and by other bodies involved in dealing with the state. I hope that will assure the noble Baroness that this issue is being raised in importance. With a target being set of halving of violence against women and girls, of which stalking forms part, that is a measurable impact that agencies, the police and others will need to respond to government on, and I hope that raises it as a whole.

I particularly welcome the mention by the noble Lord, Lord Davies, of Nicola Thorp and her work. It takes a great deal of bravery to come forward, and she has done that. He mentioned the co-operation between government departments. Certainly, the Ministry of Justice, the department of the Home Office that I represent, and the Department for Science, Innovation and Technology have a stake in improving the performance of the Government and agencies in this area.

One thing that came out of this Statement, which both noble Lords mentioned, is the multiagency guidance and the guidance to various agencies dealing with this, including government agencies that are responsible as arm’s-length bodies or agencies delivering for central government departments. I note that the noble Baroness, Lady Brinton, said “again”, but I say to her that there has not been any guidance given to date by government on a multiagency basis that is effective. This is the first time this has happened and, in the Statement, we have agreed to do that.

Cyberstalking is important and will be part of the assessment of the government response downstream. The noble Lord, Lord Davies, mentioned resources. We are in a very strange time, as the House will recognise, when we have not yet announced the police settlement for next year until December, we have not yet allocated resources for 2025-26 and we have not yet determined, with the Treasury, resources for 2026-29. These matters will come in due course, but we have not done that yet.

The issue of culture change, mentioned by the noble Baroness, Lady Brinton, is extremely important, as is putting victims at the heart of the response, which is why we refer not just to Nicola Thorp but to the work of the Suzy Lamplugh Trust and the way it has responded. The noble Baroness raised a number of issues relating to social media. That is equally important, but I say to all Members of this House that if they look at the Statement, the work on multiagency guidance will be brand-new and important. The review of legislation to see how we can improve many of the areas which both Front Bench spokespeople mentioned is important. The collection and publishing of data for the first time is important. The victim’s right to know, which the noble Baroness focused on, is extremely important, because once the victim knows, then steps can be taken and action monitored and individuals can respond to the agencies that I mentioned. That is in this proposed legislation the first time. The management of behaviour to tackle some of the long-term issues of low-level offenders, initially, who may raise the level of their game is equally important and is in for the first time. The stalking protection orders that we will put in place when parliamentary time allows are extremely important and will help prevent further engagement by stalkers when those are legislated. The national standards for examining how we can deal with individuals will raise the level of this issue and improve the performance of our agencies, which are all equally important.

Many of these matters that were announced in another place this week and are being repeated here today will require legislation in this or a later Session of Parliament, but I hope the Government’s intention is clear: we will not stand for stalking; we want to give victims protection; we want to improve the performance of the Government and their agencies in this area; and we want to ensure that there is a legal basis to give the type of protection that the noble Lord, Lord Davies, and the noble Baroness, Lady Brinton, both suggested. This will be an ongoing discussion as legislation comes before the House, and I look forward to both noble Lords contributing to helping improve the performance for victims and the prevention of this activity in the first place.

[Lord Russell of Liverpool (CB)]

My Lords, I welcome the Statement yesterday by the Government. I was taking part in an online conference organised by the Suzy Lamplugh Trust yesterday morning and the Minister, Jess Phillips, was there in her usual form—she has the ability, as a politician, to speak words that do not sound as if they are being spoken by a politician. In a way that was slightly pertinent to the debate we have just had, she understands the language that victims use themselves and need to hear so that they know they are being heard. I commend her for that. I have four particular points that I would like to raise.

The first is that the Government’s pledge to reduce the level of violence against women and girls is entirely welcome. It is a no-brainer. How to do it is of course the problem. At the moment, a lot of the funding for stalking is inextricably linked with that for domestic abuse. The two are not the same. They overlap, but a very significant part of stalking, about 64%, is not domestic abuse related and, if that is not recognised as the separate issue that it is, and is not given the right resources, we will continue to have all sorts of problems.

The second is that, while it is valiant to try to do something about the perpetrators, I think that that will not be done effectively by the current ways in which it is being done. The Suzy Lamplugh Trust has pioneered a programme called MASIP, which is a way of getting every informed body around the same table so that together they can speak with a real insight into and knowledge of the individual perpetrator, his history—it is usually a he—and behaviour, the type of stalker he is, the probability or possibility, if there is any, of his being able to be influenced to stop doing what he has been doing. That really needs to be encouraged. It is an existing best practice and it works.

Thirdly, access to independent stalking advocates is vital. The statistics are simply spellbinding. For every victim who has access to an independent stalking advocate, the chance of conviction is one in four. For a victim without that access, it is one in 1,000. Even those who do not know very much about statistics would recognise the quantum difference between the two.

The last is best practice. Jess Phillips mentioned yesterday, and it is in the Statement, the best practice that exists, for example, in Cheshire. Cheshire is really at the top of the Premier League—thinking about another Bill that is taking an inordinate amount of time your Lordships’ House—in terms of working in a co-coordinated way, being very open-minded and prepared to pioneer approaches that I fear the majority of police forces, for all sorts of good reasons, I am sure, have not done. We know that it works there incredibly well. The Government have inherited a system of 43 different police forces and 43 different police and crime commissioners, and we have a system where the British tendency to try to create the wheel in our own image repeatedly exists and flourishes in that environment. There is a point at which His Majesty’s Government will have to mandate best practice and ensure that it is adhered to. If we know it works, let us use it.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for his very constructive contribution. I cannot compete with Jess Phillips in terms of language, but I will certainly refer the points that have been made throughout this debate back to her. I think the noble Lord will recognise that Jess Phillips is absolutely 100% committed to meeting the target set in the Government’s manifesto. She is passionate about the issue of violence against women and girls and understands the very point the noble Lord mentioned about the difference between domestic violence and stalking. She is cognisant of the fact that she will need to work with other government departments, such as the Ministry of Justice, in particular, to improve performance in these areas.

The noble Lord mentioned stalking advocates, which is a very constructive contribution. I will refer to Jess Phillips’ speech, note it and look at how we can work with the suggestion in due course.

Best practice is extremely important. Cheshire is just over the border from where I live, and I know the area very well and all the good practice going on there. Part of the Government’s objectives, as set out in the Statement, is to ensure that we look at best practice, incorporate it into guidelines and work together with a number of agencies—health, police, probation and others—to give statutory guidelines downstream and to help support agencies in reducing the level of stalking and linked criminal activity.

The noble Lord makes an extremely valid point, because the question of advocates has arisen. Last year, the police recorded 131,912 stalking incidents, and only 8% of those ended up in a charge. Some 66,000 of those cases—this shocked me and will shock the noble Lord—were closed due to the victim not supporting action. The point he makes about stalking advocates is central to that issue; people need support, because for many it may be the first time they have come into contact with the criminal justice system. All of us have different experiences of it, but this might be the first time they have met with a police officer in the context of themselves or a court. Therefore, an expert who can stand back and provide guidance and reassurance might well lift that 52% non-progression rate. The number of people convicted of stalking offences, which increased last year under the previous Government by 39%, is still only 1,239; that compares with a recorded stalking offences figure of 131,000. That needs to change, along with the culture. I hope that the measures in this Statement will assist in that, if not complete the task.

[Lord Stevenson of Balmacara (Lab)]

My Lords, I welcome the Statement. Can the Minister respond to the question about whether the stalking legislation review will deal properly with stalking on the internet, which is increasing and terrifies people? I am concerned in particular about the circulation of deepfake pornography, its use and its close connection to stalking. Is he aware of the Private Member’s Bill which is going to be brought forward on Friday by the noble Baroness, Lady Owen? It deals with deepfake pornography and would provide a quick and easy win for the Government, should they be prepared to take it on. Can the Minister look at that?

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend for raising that issue. I can assure him, which I hope will help, that the Government intend to review the legislation on stalking. There are two pieces of legislation relating to stalking offences, and we want to have a deep dive into whether they are fit for the 21st century and for current offences. Are they appropriate not only for today, but for the future and the fast-moving pace of things such as cyber stalking, deepfakes, the internet, AI and other such mechanisms?

The legislation being debated on Friday will be responded to by the appropriate Minister, which is not me. I hope my noble friend will recognise that this a serious issue, and that the deep dive into reviewing such legislation will take into account all these matters.

[Lord Hogan-Howe (CB)]

My Lords, I want to follow up on the last question, about online issues. I support today’s announcement of an extra 3,000 police officers, which is excellent. There will be 13,000 people working in neighbourhoods, which is fantastic. I also support this extra work for all the reasons that have been outlined, particularly the right to know who your online stalker is.

My question goes back to resources, and it is typical in one way, but I hope the Minister will understand exactly what I am talking about. Online investigations are difficult. Often, the attacker is abroad; you have to establish the digital profile and, once it is known that they are abroad, the investigation may go no further. The neighbourhood officer will not be able to do that; specialists will be needed. If we are to mimic the Cheshire example, which follows the Met example of individuals fixated on members of the monarchy—it is a good example, and it works—that will take resources. My plea is not a general one for the police to have loads more; it is about the specialism of the resources, and it will not all be cops. It is about how you get the balance right to make sure that these things happen.

Often, the cultural response, which has been rightly identified, is that they do not know how to approach this issue and have not got the resources to do it, so it ends up getting parked. That is not a good outcome, but I am afraid it is what happens when the expertise and resources are not always available to follow things up. If the Government can address that issue, without using tens of thousands of people, it will really help going forward.

[Lord Hanson of Flint (Lab)]

I am grateful to the noble Lord for his broad welcome for the Statement on stalking made by my honourable friend Jess Phillips in the House of Commons yesterday. It is important that we get former senior police officers such as him endorsing that approach, so I welcome his endorsement and thank him for it. He will know that the Prime Minister and the Home Secretary have today reconfirmed the provision of an additional 13,000 neighbourhood police officers. That will help at a local level with a range of issues, but I take his point about the need for specialist support.

As I mentioned to the noble Lord, Lord Davies, I cannot give a commitment on resources today because December’s police settlement, next year’s settlement and the spending review have not yet been announced. However, the specialism to which the noble Lord refers will form part of the needs and assessment review. The Police Chiefs’ Council and the College of Policing need to look at those issues, and again, that will be part of the mix going forward. I assure the noble Lord and the House as a whole that the Government wish to address this serious issue. They have taken steps to do so in this Statement, and welcome contributions on how that can be built upon.

Ultimately, we will be judged by the test of whether we reduce the number of reported incidents, increase the number of incidents that are followed up and increase the number of prosecutions, as well as, in the longer term, taking steps to ensure that young boys, as they grow into young men and adults, have respect and understand their role in society. That is a longer-term issue that we need to be working on. I take the noble Lord’s points and I hope I have answered them as best I can, but they are issues we will return to.

[Lord Davies of Brixton (Lab)]

My Lords, I welcome the Minister’s repeat of the Commons Statement. It is right that the Statement should focus on the victims of this horrendous behaviour, and that that is the heart of the response. However, we have to ask ourselves what we are getting wrong as a society that causes people to perpetrate this sort of behaviour. I do not think it is just about evil people; it is learned behaviour, and learning is part of how we raise people in this society.

The Statement touches on that issue, as did my noble friend towards the end of his last reply. It refers to the need to engage with the perpetrators, to consider the root causes of the behaviour and to address it. All of that needs more attention and more resources, particularly but not just in the sphere of mental health. I was particularly struck by the reference by the noble Baroness, Lady Brinton, to someone who had been in prison seven times because of this behaviour. My assumption is that nothing happened in that prison to address those behaviours, and unless we get that right, dealing with the outcomes is the wrong end of the issue.

--- Later in debate ---

[Lord Hanson of Flint (Lab)]

I am grateful to my noble friend for his contribution. He raises an issue which I touched on briefly in answering the noble Lord, Lord Hogan-Howe: how society approaches stalking. Stalkers do not just appear, aged 18, 25, 35, 45; they are formed by the way in which they are educated and the communities they live in, in the context of the respect they need to show to their fellow members of society. That is a much wider issue, but the Government are cognisant of it and are trying to look at long-term solutions.

My noble friend mentioned the individual mentioned by the noble Baroness, Lady Brinton, who had been in prison for multiple offences. That is a difficult challenge that we have to address. Again, this will be partly through the national standards for progress and the examination that has been trailed in this Statement on managerial behaviour and partly through the way in which the Probation Service, on a multiagency basis and with the guidelines that we will set, will make interventions with those individuals who have been proved to be perpetrators. The Government are cognisant of those issues, and we will be taking them forward in the next three years.

An extremely important issue is the right of victims to know who the perpetrator is. Pre conviction, that gives at least some security that we know that steps can be taken and we can look at interventions to change behaviour. This is about preventing stalking and the harm that it brings. That goes right back to early prevention and early education, right the way through to dealing with persistent offenders. I hope that, at the very least, this Statement has set a direction of travel that the Government can follow.