Domestic Abuse Victims and Family Courts

John Howell Excerpts

Wednesday 18th July 2018 Westminster Hall

[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Ms Ryan. I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I also pay my respects to organisations such as Women’s Aid, which have raised many of the issues that have been discussed—specifically, judicial attitudes.

I know some of the difficulties with judicial attitudes because I did an Industry and Parliament Trust fellowship in the law courts, during which I spent almost three weeks sitting with judges. If she has the time, I urge the hon. Lady to undertake such a fellowship in the specific courts of interest to her, so that she can participate in how they work and see how they could change to achieve some of the aims that she holds so dear.

The one aspect of this issue that I raise above all others comes from my membership of the Council of Europe: the Istanbul convention. It is very important to the debate. [Interruption.] I see the hon. Lady nodding, so she knows of it. I mention it because it sets minimum standards for how domestic abuse and violence towards women and girls are treated in the member countries. Its primary aim is to protect victims. That is a very important point to bear in mind.

The convention ensures that domestic violence and rape crisis shelters are set up and that helplines and counselling are available for victims. Although the UK has signed the Istanbul convention, it has not yet fully ratified it because we still need a legal means of bringing elements of it into our legislation. Given that we are one of the countries that helped to produce the Istanbul convention, I hope that we move quickly to ratify it. If I may, I will read a brief quote from it:

“there can be no real equality between women and men if women experience gender-based violence on a large-scale and state agencies and institutions turn a blind eye.”

That is an important point to bear in mind. I hope the Minister will take the Istanbul convention into account in her response, because it provides the necessary framework for people to be able to tackle the issue.

My second approach relates to my role as a member of the Justice Committee. That may not seem immediately relevant, but the Justice Committee is a statutory consultee of the Sentencing Council. We recently looked at draft sentencing guidelines on domestic abuse. The previous guidelines were, I am afraid, last produced in 2006 and are completely out of date, particularly with society’s attitudes to domestic abuse and the standards that we want to see. The starting point is the definition of domestic abuse. If I may quote again, the guidelines state that it is:

“any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality. The abuse can encompass”—

this is the important point—

“but is not limited to: psychological...physical...sexual...financial ...emotional”

issues. That range of different abuses shows that there is a great attitude among the judiciary: to change and try to incorporate a much broader spectrum of activities.

In our response to the Sentencing Council, we said that such offences need to be seen as particularly serious and not ranked on a par with other offences; they need to be sorted out as really important offences. Overall, we said that they needed to be condemned in the strongest possible terms. One of the paragraphs in the report stated:

“We recognise that recorded offences related to domestic abuse are largely, but not exclusively, perpetrated by men and boys against women and girls.”

We understood

“the various contexts in which domestic abuse may occur and the forms that it may take...Accordingly, we recommend that comprehensive training on domestic abuse and intimidatory offences should be provided to magistrates and the judiciary to coincide with the launch of the guideline.”

I was pleased to see that the judiciary has moved some way towards doing that and has begun the training required. The need for training has been recognised.

[Wera Hobhouse]

I heard the most heart-breaking story a year ago from a Bath constituent about a CAFCASS worker. She felt that the social worker allocated to help her through the process was absolutely not sympathetic and seemed not to have had any of that training. Should the training not also include the social workers allocated to help women through the process? Should not women have the right to pick the social worker to work with them?

[John Howell]

I agree with the hon. Lady that the training can incorporate a large number of people, but we are dealing here with the courts and what we want to happen there. I am simply saying that the need for training has been recognised in the courts. It is also important to ensure that domestic abuse cases are flagged up properly as they pass through the court system so that everyone knows what is a domestic abuse case and can help to smooth it along the way.

To go back to the guidelines, they are overarching and recognise that a defining characteristic of domestic abuse is the harm caused. That harm goes to a violation of trust, which is a crucial element. Trust is a very important thing that we hold dear, and we should take that into account.

The third element that I want to touch on is the Government’s domestic violence consultation, which came out recently. I hope the Minister will provide information about how the process is going and the sorts of questions that will tackle the important issues we have raised today. I do not have a vast array of case studies of my own to share, but I have my experience of dealing with the courts; I also have experience, as has the hon. Member for Penistone and Stocksbridge (Angela Smith), of the Council of Europe and the Istanbul convention. I urge the Government to try to ratify the Istanbul convention as quickly as possible.

[Several hon. Members rose—]