Ethnic Minority and Migrant Victims of Violence Against Women and Girls

Jess Phillips Excerpts

Wednesday 5th July 2023 Westminster Hall

[Jess Phillips (Birmingham, Yardley) (Lab)]

I believe this is the first time I have had the pleasure of serving under your chairship, Ms Nokes. I want to say a massive congratulations to my hon. Friend the Member for Edmonton (Kate Osamor) for bringing forward this important debate, and to all the agencies that compiled the report. I am hopeful that the Minister will want to arrange a meeting with them to look at the findings, which, from my experience, are clear and accurate.

The nub of the issue, as my hon. Friend identified, comes from Refuge data, which found that black women are 14% less likely to be referred to its services for support by the police than white survivors. I have worked in the field for a long time, and people often say these are—I hate this language—“hard to reach” groups. In actual fact, black women are 3% more likely to report abuse to the police and 14% less likely to be referred by police services to specialist services. This is not a hard-to-reach cohort of people; this is a group of people asking for help and not being provided with it. There is something fundamental in that statistic about where we are going wrong, before we even get to the idea of people being criminalised.

To my hon. Friend the Member for Poplar and Limehouse (Apsana Begum): maybe I just have not slept very well this week, but the statistic about Calpol being the thing that was most stolen in her constituency, based on police data, made me want to cry. That is unbelievable, yet so believable. That was before she went on to speak about her experience, where criminalisation was undoubtedly used as a weapon by her abusers. That is not uncommon. I first read about the charges against my hon. Friend in The Sun, when she had only just been elected. It was not a very detailed piece but as a professional in this area, on reading it, I did not see a woman being criminalised; despite having never spoken to her, I instantly knew that she was a victim of domestic abuse. I contacted her immediately to say as much. Why on earth could the first criminal justice agency to interact with her in that case not see that from the evidence in front of it? It is a disgrace.

What I am seeing at the moment, specifically in domestic abuse cases where children are involved, is that the new game in town for those accused of domestic abuse who want to attack their accuser is claim and counterclaim, and I have recently encountered counterclaims against known victims of domestic abuse that have led to their arrest. In one case I am handling, the health visitor of a woman who had been to the multi-agency risk assessment conference eight times, such was the high-risk nature of the threat to her life—two attempts had been made on her life, and on the lives of her child and parents—turned up at my office in a desperate panic because the woman had been put in a prison cell owing to counterclaims by her ex-husband.

Every single claim and counterclaim case I have been involved with in which the police have made an arrest has involved an Asian woman—and that is not just because of the demographics of the area that I represent. I am watching black and minoritised women being criminalised literally for being victims of domestic abuse. As I say, that interacts very badly with our failing family court system, where the game in town for a long time was parent alienation. Now that has been widely rebuked, there is a new game: every single domestic abuse claim a woman makes in family court—bar rape, one notices—gets turned around and put back on her. In every case where I have seen claim and counterclaim lead to either criminalisation or poor decisions in family court—this is totally anecdotal, based on my personal experience; I would love to show some data, but neither the Home Office nor the family courts collect any, so everyone gathered here will have to take my word for it—it has involved a black or Asian woman. There is definitely a problem in the system; I am seeing it live with my own eyes. My hon. Friend the Member for Poplar and Limehouse is incredibly brave to talk about her experiences again, and I am proud to know her.

To the points made by my hon. Friend the Member for Vauxhall (Florence Eshalomi), again, missing data is part of the problem, but the brutal exploitation of girls in gangs, both criminally and through sexual exploitation, only for them to go on and be criminalised, is absolutely woeful. Some 63% of girls and young women serving sentences in the community have experienced rape or domestic abuse in intimate partner relationships. I have absolutely no doubt that a large number of those will be linked to the gang and sexual exploitation activity that is going on.

We in the Labour party are seeking to amend the Victims and Prisoners Bill so that child criminal exploitation is defined in law. So far, the Government have pushed back against that, but hope springs eternal that by the time the Bill comes back in its next iteration they will have decided that defining child criminal exploitation in law is important. I know my hon. Friend the Member for Vauxhall has lent her voice to that. Moreover, on the push for data, I cannot express enough how we need better data on all of these things. The situation is woeful.

This is not new news. At the moment, I sometimes feel like I am in a meeting that I was in 20 years ago. We must be 20 years on from Baroness Corston’s report, which roundly proved that criminalising women was costly to society, dangerous for our criminal justice agencies and bore no results. I used to run a female offenders’ centre in the west midlands that came about because of what was in the Corston report and we had a 97% non-reoffending rate. Sadly, I think the state has the opposite: a 97% reoffending rate. We know that women’s centres and services that divert people from prison work. It is not soft touch; it stops criminal activity. Do I think for a second that somebody who has stolen some Calpol should go to prison? That is phenomenal, yet it happens up and down our country. We know the data.

Unfortunately, the Government have a policy of building new women’s prisons, which they will fill overnight at great cost to the taxpayer. The reoffending rate achieved will be nowhere near as good as investing that money in women’s centre services. I set up a women’s centre because I watched victims of domestic abuse from my refuge being criminalised as part of the pattern of the abuse they had suffered, for things such as their children not going to school—that is the point of a women’s centre. Women move miles away from their home, where they have been living in horrendous situations in which they have basically been enslaved, and their children are frightened to leave them to go to a new school. Then they are criminalised because their children will not go to school. That is just unbelievable bad practice, all over the country.

I am not entirely sure why the Government, in the small bit of data they bother to collect, would look at the reoffending rates from prisons and women’s centres and think, “Prisons: that is the one for us.” It is absolute madness and does not make any sense. The failed and now returned to the state privatisation of probation—a dreadful and failed experiment over the past 10 years—has largely decimated our women’s criminal justice centres, which were doing brilliant and amazing work. I cannot stress enough the need for better data and understanding in this space.

On statutory defences, as alluded to by my hon. Friend the Member for Edmonton, I tabled amendments to that effect in the Domestic Abuse Act 2021. I continue to believe that statutory defences in cases of domestic abuse and sexual violence and exploitation should have a role in our law. Just as my hon. Friend pointed, it seems ridiculous that the same provisions for cases of force used in break-ins do not exist for victims of domestic abuse. It is as if the state is basically saying “We are not expecting zero violence. You should be able to take a bit of violence before you kick back.” That is pretty grim, and I urge the Government once again to look at statutory defences. Under the stewardship of the right hon. Member for Maidenhead (Mrs May), statutory defences were put into law in cases of modern slavery and human trafficking.

I am afraid to say that, although the law is written well, the practice is not so good, as my hon. Friend the Member for Vauxhall pointed out, so much more work needs to be done in that space. But there is nothing for victims of domestic and sexual violence. The right hon. Member for Maidenhead, the ex-Prime Minister and Home Secretary—back in the time when Home Secretaries stayed for a long time—acted with a spirit of fairness and had an understanding of what will work and what is right. I encourage the Government to take on that grit.

As for the firewall, I will briefly say that a woman in my constituency came to me because her husband was threatening to kill her. He continued to threaten to kill her after she called the police, as I told her to do, and she had a “sig” marker put on her house because her life was at risk. The police turned up, and the next thing I know she called me. Because she did not speak particularly good English, she said that she was in Bradford, but she was actually in Bedford, in Yarl’s Wood, because when she called the police to say that her husband was threatening to kill her and was coming round, she ended up in immigration detention. She has since, of course, been given indefinite leave to remain; I think she is actually a British citizen now. She should never have been detained, and she certainly should not have been detained when there was a threat to her life, because the next time her husband threatens to kill her, she will not call the police, and then I will read out her name on the next International Women’s Day.

We have case after case like that, and the Government’s response to our amendments on the firewall—the Domestic Abuse Commissioner has made clear that he supports that, and anybody who knows anything about anything thinks it is a good idea—is to act as if they are doing a kindness. What a kindness they did to my constituent when they put her in detention when her life was at risk. They act as if they are doing a kindness when they say, “Well, sometimes there is a need for the police to speak to immigration.” Of course there is. I speak to immigration all the time, but I do not do it as an enforcer; I do it to try to ensure that a victim’s immigration status can be sorted out and she can access the right services, and I do it at her request.

There is absolutely no reason why the police could not act in exactly the same way. No one is saying that we can never speak to immigration, but we should speak not to immigration enforcement, but to the Home Office at the point at which the victim needs her immigration sorted out. Caseworkers in violence against women and girls services do that all over the country, all the time, and nobody ends up in detention, so why do they when the police do it? It is a disgrace—it is part of the hostile environment—that the Government do not want to end the practice of detaining women who come forward to say that they have been raped or abused, that their lives are at risk, and that something should be done about it.

The Government agreed to the Istanbul convention, apart from the bit about migrant women. They literally carved out their rights, creating a two-tier system.

[Caroline Nokes (in the Chair)]

Order. I remind the shadow Minister to leave time for the Minister.

[Jess Phillips]

I will sit down shortly.

There is literally no excuse. I really hope the Government look at the report I mentioned, take its recommendations incredibly seriously, and use facts and evidence, not ideology, to make decisions about what they do with my constituents’ tax money.

--- Later in debate ---

[Miss Dines]

I am grateful, Ms Nokes.

On the cost of living, the Government remain committed to supporting victims. We have launched a £300,000 flexible fund, which we are working closely with Women’s Aid to deliver. I was privileged to visit a refuge recently, and to speak to the women who will benefit and who have benefited from that money, which has been accepted. The fund was launched on 10 May, and it makes payments of between £250 and £500. More financial support goes to pregnant women or those with families. Further support—

[Jess Phillips]

Will the hon. Lady give way on that point?

[Miss Dines]

Yes, of course.

[Jess Phillips]

That fund ran out within about three weeks of it being launched. I have tried to access it twice, and there is no longer any money in it.

[Miss Dines]

I am always pleased when money runs out because that means it has been fully utilised. I was about to finish the sentence by saying that further support is under review. The demand for that service has been considered.

Let me mention one or two other points that hon. Members raised with great earnestness. On the drugs strategy and county lines, on 6 December 2021, the Government published a 10-year drugs strategy, and through that strategy we will support our flagship county lines programme, investing £149 million over three years in that area. That funding will add to the £65 million invested since November 2019.

How will the Victims and Prisoners Bill improve people’s experience and the experience of victims? We are supporting victims of domestic abuse by enhancing the position of independent domestic violence advisers, while improving wider support services through a joint statutory duty in England on police and crime commissioners, local authorities and health bodies to collaborate in commissioning support services. Beyond the Bill, we are providing £51 million to support victims of sexual assault and domestic abuse. Those are unprecedented numbers that the Government have committed to this field.

I have a little more time to mention support for migrant victims of domestic abuse. How we support migrant victims of domestic abuse has been raised by several hon. Members today. Let me reiterate that the Government are committed to supporting all victims of domestic abuse, regardless of their immigration status. We know that victims of domestic abuse with insecure immigration status can face additional barriers when seeking support from agencies and professionals. That is why in April 2021 the Government launched the support for migrant victims scheme, which is run by Southall Black Sisters and their delivery partners. I have had the pleasure on numerous occasions to speak with members of that organisation. That scheme provides wraparound support for migrant victims, including accommodation, subsistence support and counselling. As I mentioned, I am pleased to have met members of the organisation on several occasions and I am grateful for their work in this area.

As committed to in the domestic abuse plan, we allocated up to £1.4 million in 2022-23 to continue to fund the scheme. We have now extended that funding into March 2025. More than 950 victims have been supported through the scheme since its introduction, and I welcome the important work that Southall Black Sisters and many other specialist organisations do in this area.

Data sharing, which has been mentioned by several hon. Members, is an area where there are strongly held views. Following our 2022 review of data sharing for migrant victims of crime, we will be establishing a migrant victims protocol. That will provide an assurance to individuals that no immigration enforcement action will be taken while criminal justice proceedings are ongoing or while support to make applications to regularise their stay is being sought.

Alongside establishing that protocol, we are developing a code of practice on personal data sharing between the police and the Home Office regarding victims of domestic abuse subject to immigration control.

[Miss Dines]

The Government have committed large amounts of funding to support partners, and are always looking at and reviewing what they are going to do.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

If I could just progress a little, I will mention the code of practice, which is pertinent to this area. Both the code of practice and the migrant victims protocol are currently under development. We are engaging with the Domestic Abuse Commissioner and the Information Commissioner Office on the code, and considering how to engage further in this area.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

I will be happy to do so once I have made a little more progress.

Right at the beginning of the debate, the hon. Member for Edmonton said that she had grave concerns about how people are dealt with by the police. I agree, on behalf of Government, that it is crucial for police officers to have the right tools and training to engage sensitively and appropriately will all victims of domestic abuse.

I hope it is useful to set out what training is already available for the police. For those entering the service, the College of Policing’s foundation training includes substantial coverage of police ethics, including the effects of personal conscious and unconscious bias. The initial training, undertaken by all officers, also covers hate crimes, ethics, equalities and policing without bias. Further training is then provided in specialist areas throughout an officer’s career. For example, training for those involved in public protection includes methods to raise officers’ self-awareness of their own views, stereotypes and biases.

[Miss Dines]

When I have had engagement with the national leads from the College of Policing, I have always been impressed with how they have been prepared to develop and pursue areas in their training. I know the hon. Lady will make representations to them and to me on how the training can be made better, and I am always interested in hearing about that.

I am pleased that Domestic Abuse Matters training has been widely undertaken. The Domestic Abuse Matters programme has been delivered to the majority of forces and we are supporting the roll-out to remaining forces. There are also updated modules, which are of assistance.

[Jess Phillips]

Will the Minister give way?

[Miss Dines]

I will just pursue this point for a little while.

The first responders training specifically considers the needs and vulnerabilities of different victims as a core thread running throughout. The training also specifically covers responding to so-called honour-based abuse. We have not debated that in detail today so I will not spend too long on it, but I am pleased the training is developing in areas where that is needed. That is why debates such as this are so informative—because new ideas and recommendations can be brought forward. The College of Policing also issues authorised professional practice documents, which are the official source of professional practice on policing.

Various hon. Ladies raised the issue of data, and that is important because data and evidence is what informs us. While we received much reassuring information in December when His Majesty’s inspectorate of constabulary and fire and rescue services and its partner organisations published their report on the super-complaint, there is a need for improvement in the recording of ethnicity data and for the police to develop wider awareness of the different cultures and religions in their local communities. The Home Secretary and I take this very seriously. I am pleased the police have accepted the recommendations relating to those points and I look forward to seeing positive change as a result.

Funding for ethnic minority victims has also been raised in the debate. Violence against women and girls affects a wide range of people, and a one-size-fits-all approach is not always the most appropriate way to support victims, especially those with specific needs and vulnerabilities, which includes ethnic minority victims. We recognise the importance of specialist “by and for” VAWG services to understand the specific issues that ethnic minority victims face; they have the necessary skills and experience to provide that support. One of the pleasures of being the Minister with responsibility for this area has been meeting so many experienced people in these fields—voluntary, paid, individuals, groups. It has been wonderful.

To further bolster this important work that the Government do, the Home Office, alongside the Ministry of Justice, has launched the violence against women and girls fund, which will allocate up to £8.4 million of funding for “by and for” and specialist services across England and Wales over two years. The competition has concluded and announcements on successful bidders will be shared in due course.

The Home Office has also recently awarded over £10 million to organisations providing specialist support to children who have been impacted by domestic abuse, an area close to the hearts of all of us in this room. As part of this, we have provided SafeLives with funding to specifically improve the support available for children from ethnic minority backgrounds. This includes developing the knowledge of frontline professionals by delivering training with support from specialist “by and for” organisations.

As set out in the tackling domestic abuse plan, we aim to enable a whole-system approach to make sure the whole system operates in greater co-ordination to respond to domestic abuse and support victims. This support is essential and that is why we committed to invest up to £7.5 million in domestic abuse interventions in healthcare settings. It is very important that we tackle this and support each and every agency we can. This will include independent domestic violence advocates informed by, and specialised in, the needs of marginalised victims.

The Government response to the Domestic Abuse Commissioner’s “A Patchwork of Provision” report, published in March, reiterates the value of “by and for” specialist services in providing the tailored support required by those with protected characteristics and those who experience the highest levels of exclusion from mainstream services.

I offer my thanks again to the hon. Member for Edmonton for securing the debate. I look forward to reading in further detail the recommendations in her assessment report, which will be given to me. This is an important and emotive subject, as reflected in the emotions and careful considerations of this debate. As I said at the beginning, the Government are wholeheartedly committed to tackling violence against women and girls. That means going after perpetrators, strengthening our systems and, crucially, ensuring that victims and survivors get the support they need and deserve, whatever their background and ethnicity.