Children and Domestic Abuse

Jess Phillips Excerpts

Tuesday 3rd March 2020 Westminster Hall

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

The most common thing that women in refuges or community services have said to me is that they wish that there was something for their children—somewhere that their children could go to speak to somebody about what was happening at home. Although many of those women appreciated the support that was available to them, there was a hole for at-risk children, whether in classrooms or even in social services, with zero therapeutic support or play care support, or even just somebody at school who they could speak to and who would understand.

If the women of this country who have suffered domestic violence had written the Domestic Abuse Bill and had picked a single thing to ask for, they would have asked for their children to be supported. Across the country, support for children who are victims of domestic violence is patchy at best. Sometimes it is done well. The organisation where I used to work has a huge team of children’s support workers, funded as a pilot project through the Home Office. Unfortunately, however, such things are often pilot projects that do not extend to everywhere in the country and often go to those places that are best at writing bids. As the bid writer, I am delighted that we had that project, but the reality in most parts of the country is that if a teenager who was suffering abuse stepped forward at school, or if a child in a primary school stepped forward to say something about what was happening at home with his mum and dad, there would be nowhere to send that child.

I am fairly well versed in the local domestic abuse projects where I live, and I have most of their mobile phone numbers, but I would not know where to send a child who needed therapeutic support in Birmingham, the second biggest city in the country. If provision is patchy where I live, I cannot imagine what it is like in Blaydon.

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

My hon. Friend, whose background is in this area, is making a really good speech. As a former children’s services manager in Birmingham, she is absolutely spot on when she says that there is nowhere to refer children, especially when even children on child protection plans are not given support. Does she agree that it is wholly inadequate not to recognise children in the definition?

[Jess Phillips]

I absolutely agree. The Domestic Abuse Bill gives us a real opportunity. We will not get the moon on a stick—the Bill will not give us everything—but the annual case load at Women’s Aid, where I used to work, involved on average 8,000 women and 16,000 children. Children’s names are written down on a form and their social work paperwork is in the file, but no one from my organisation would necessarily have laid eyes on them. A tiny fraction of them would have lived in refuge accommodation—less than 10% of the total number would have gone through that in a year—so we are talking about thousands of children in the west midlands who, every day, are without someone to confide in, to talk to, or to deal with the trauma they are feeling in their lives.

Anyone who sits for five minutes with people who have been a child victim of domestic abuse, who have grown up in a home, will tell us that that trauma stays with them in adulthood. They are likely to suffer from PTSD and from problems within their own intimate relationships. All the findings from studies of crime data on knife crime or even terrorism show links to people who grow up in traumatised households. It is imperative for the future of those children and our country that we get this right. Children must be included in the Bill, and at the same time we must take a huge, wholesale look at funding for children’s services in the country. I ask the Minister directly: how many young people’s violence advisers and specialist children’s workers are there across England and Wales? The SafeLives data shows that it would cost only £2.5 million to provide those services across England and Wales. In the greater scheme of things, what it would save would be huge.

We are moving into an era when this will be talked about in schools. All of us in the Chamber have fought—some of us literally had to fight directly on the streets—to ensure that compulsory sex and relationship education will be available in our schools. As we roll that out and talk about such subjects in schools, we must ensure that we do not open a door into an empty room. We must ensure that specialist training and specialist single points of contact are available to handle this in every school, and to handle it well.

The murder rate of women and girls were released the week before last. I have forgotten the name of the organisation, but the data was released: 144 women and girls were murdered last year. That is an increase of about 27 on the previous year. Those figures include the murder of girls younger than three. The reality is that we need to provide support for victims of domestic violence who are children, and it is also imperative that they are safeguarded. We need to start looking at where we are failing in the system of children’s social care. To look at my own city again, I am sure that my hon. Friend the Member for Birmingham, Edgbaston (Preet Kaur Gill) could tell horror stories about how the under-resourcing of children’s services is leading to dangerous situations for the city’s children.

I cannot stress one thing enough when it comes to the review being undertaken of the family court. All of us have been in meetings with the likes of Claire Throssell, whose children were burned in their home by a violent perpetrator who the family courts had allowed to have access to them, even though she had begged and pleaded against that. The presumption of access for domestic violence perpetrators has to end.

[Laura Farris (Newbury) (Con)]

To build on the hon. Lady’s point, the presumption in favour of access for a parent who in a criminal court would be considered a violent offender has a hidden dimension. Sometimes the perpetrator of domestic abuse will use the child as a pawn. Enhanced right of access will, typically, be used as a tool to torture the mother. The hon. Lady gave powerful figures not only for women who have been killed by domestic abuse but for children as young as three. She also gave an example of arson. That grim conclusion might not be reached, but children are still treated as pawns. They are placed with the perpetrator parent, in a highly dangerous situation, and they are denied access to their mother. That is a tool to torture the mother, and goodness knows what is happening. Another problem is the reporting restrictions in the family court, which make it difficult to know how the decisions are reached and the slipstream in which those children are moving.

[Jess Phillips]

The hon. Lady is absolutely right. I have seen hundreds of cases in which access to a child is used simply to extend the abuse. Children become pawns, and that has a psychological effect on them. They are pulled about and told that they have to go somewhere, such that they do not feel safe. Their mothers have to watch on and say goodbye to their children, putting them into the custody of someone they do not believe to be safe. That is psychological torture in our family court system—although, thanks to its secrecy, we will never truly know. However, I am sent emails with reams of accounts about that exact thing happening, day in, day out. We have to stop wringing our hands.

The Children and Family Court Advisory and Support Service is also an issue with regard to the family court. CAFCASS provides support and services for perpetrators to try to stop the perpetration of domestic abuse. I am not here to criticise that, but I note that CAFCASS does not provide the same support for women and children. I often found a disparity when people decided to fund local commissioned services for perpetrators. Again, I have no problem with that, but there was always a discrepancy between the amount of money that would go to the perpetrator project and the amount that would go to the project that ran alongside it for women and children. Double the number of people was always a fraction of the price, I noted.

[Jim Shannon]

Will the hon. Lady give way?

[Jess Phillips]

I will but for the last time, because I want to leave time for my hon. Friend the Member for Edmonton (Kate Osamor) to speak.

[Jim Shannon]

I am conscious of the psychological, financial and emotional ways in which a partner can put pressure on a wife and mother of the children. My office has dealt on many occasions with the issue of finance, where the male controls the money and the female and the children depend on him for finances. It is another nasty form of control. I have spoken about it many times, as has the hon. Lady.

[Jess Phillips]

The hon. Gentleman is right. We will welcome the Domestic Abuse Bill giving recognition to the issue of financial abuse. Things will only ever change if there are proper support services in every part of the country, to ensure that people can recognise financial abuse and that there is a route out.

People often say, “Why doesn’t she leave?” When a woman leaves a domestic violence perpetrator, with her children, the risk that she will be murdered elevates. There is a pattern in all domestic homicide reviews and children’s safeguarding serious case reviews: when people try to escape, the likelihood of their being murdered increases. That is one reason, but the other reason a woman might have nothing is that she will have no money. It is easy for us to say that we would leave, but it is very different in practice.

It would not be a day with me and the Minister if I did not mention the plight of migrant women, but my hon. Friend for Edmonton will talk much more about that, so I shall give her the time to do so. Until the Domestic Abuse Bill accounts for all victims, whether they be children or adult victims, and can guarantee at least an opportunity of safety—we cannot guarantee safety; no Government Department can, no matter how great—for every woman in this country who comes forward, homicide rates will not decline. The people whose names I will have to read out every year will increasingly be those of migrant women and children. I shall leave the Minister with that.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

It is a pleasure to serve under your chairmanship, Mr Hollobone. I congratulate the hon. Member for Blaydon (Liz Twist) on securing this important debate about a subject that we all clearly care so much about. May I congratulate her on her timing as well? As she said, the Bill is back today.

I am delighted that my very first act as the Minister leading the Bill through the House is to respond to this incredibly important debate about the impact of domestic abuse on the lives of children, not just in the immediate term but in the much longer term. The hon. Lady articulated that extremely well with the example of her constituent Christine, who set out not just the impact on her own life but the long-term impact on the life of her daughter, who is now over the age of 18. I hope that everyone watching the debate realises that we all genuinely understand the impact that domestic abuse can have.

I am extremely grateful to the hon. Member for Strangford (Jim Shannon), who, as always, brought the perspective of a vital part of our United Kingdom to the Chamber. He made the point that domestic abuse affects many families in Northern Ireland. I hope he is pleased that we were able to remove from the latest iteration of the Bill the sections we were going to include to ensure that legislation is passed in Northern Ireland. Of course, we were able to do that because the Northern Ireland Executive is back. We have confirmation that the Executive intend to legislate on this important subject locally, which is as it should be. I am delighted by that development.

As was set out, we know that as many as one in five children in the UK are witness to or exposed to this awful crime type in their households. We know too that domestic abuse has a devastating impact on young people. Growing up in a household of fear and intimidation can have serious, long-lasting effects on the health, wellbeing and development of a young person. We know that children exposed to domestic abuse are more likely to experience mental health difficulties, to be excluded from school and to become victims of domestic abuse later in life. I do not for a moment say that is the life outcome of every child—of course it is not—but we must pay attention to the statistics and to the trends that we see in them.

The hon. Member for Blaydon rightly challenged the Government on why the definition has been set at the age of 16 and above. As I hope I have been clear when speaking about previous iterations of the Bill, that is something we have grappled with. In 2012, following a consultation, the cross-Government definition of domestic abuse was amended to include 16 and 17-year-olds, with the aim of increasing awareness of young people’s experience of domestic abuse. Indeed, there was strong support for maintaining that age limit in responses to the domestic abuse consultation we held in 2018, which was part of the foundations of the Bill.

The concern is that lowering the age limit below 16 risks blurring the line between child abuse and domestic abuse between adults. Abuse perpetrated by an adult towards someone under 16 is classified as child abuse. We argue that the distinction needs to be maintained because, as colleagues will know, many interactions with social services and so on may flow from that definition.

We note that the Joint Committee on the Draft Domestic Abuse Bill, which scrutinised the draft Bill in huge detail and heard evidence from many witnesses, concluded that an age limit of 16 is the right one, but we are absolutely clear that the impact of domestic abuse on young people needs to be recognised properly, and that we must ensure that the agencies are aware of it and know how to identify and respond to it.

[Jess Phillips]

Are we therefore to assume that any child under 16 who suffered as a victim of domestic abuse, either directly or indirectly, would meet the threshold for child abuse and therefore should be reported to children’s social care immediately by all the authorities that we would expect to report that? For example, should every schoolteacher who hears about something like that report it as child abuse? If so, what will the Government put in place to ensure that children’s social care can deal with that?

[Victoria Atkins]

The hon. Lady will appreciate that I cannot give a broad-brush answer for each and every case; clearly, every case must be treated on its facts. However, the definition of harm in the Children Act 1989—again, the Joint Committee looked at that very carefully—includes

“forms of ill-treatment which are not physical”

as well as

“impairment suffered from seeing or hearing the ill-treatment of another”.

We are therefore clear that the definition of harm in the 1989 Act includes witnessing and experiencing coercive control. From that, we concluded that the most effective way of trying to act on the Committee’s recommendation with regard to that definition is to amend the Department for Education’s statutory guidance, “Working together to safeguard children”. I hope that helps to clarify the point.

We are also clear that the impact of domestic abuse includes the impact on children living in households where abuse is conducted, teenage relationship abuse—the hon. Member for Newport East (Jessica Morden) mentioned that—and abuse directed towards siblings and parents, which is perhaps one of the most hidden forms of abuse in a crime already typified by concealment and hiding.

We are seeking to address the very real points and concerns raised by Members and, indeed, others outside this House in a number of ways. First and foremost, the statutory guidance, which will sit alongside the definition in the Act—when it is passed, I hope—will specifically address the adverse impact of abuse on children. We are working closely with key charities such as Barnardo’s, Action for Children and the Children’s Society as well as the domestic abuse commissioner—the commissioner designate, I should say—the Children’s Commissioner and many others to ensure that the guidance makes the impact on children clear.

To answer the question from the hon. Member for Blaydon, we will publish a draft version of the statutory guidance ahead of the Commons Committee stage to assist in scrutiny of the Bill. I genuinely encourage hon. Members and their networks of experts and survivors to consider that draft guidance and feed back to us on it, because we want to get it right.

Importantly, the Bill as introduced today includes a new statutory duty that will require tier 1 local authorities in England to provide support to domestic abuse victims and their children in refuges and other safe accommodation. That will result in the right level of tailored support for victims and their children across the country at the time of need, with improved recovery rates and the release of bed spaces as people rebuild their lives more quickly. We will ensure that local authorities receive appropriate financial support to meet the proposed duty.