Domestic Abuse Bill (Third sitting)

Liz Saville Roberts Excerpts

Committee stage & Committee Debate: 3rd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

I recognise the instigation of Operation Encompass, although it is early days. I must say, when I worked in domestic violence services, we called Operation Encompass the “392 form” and every school received a form if there had been a domestic violence incident in a child’s home. I must say, by and large, they were filed.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

I refer to my own experience when I was a councillor responsible for local education. I remember—this varies between local authorities—how effective it was that looked-after children were the responsibility of the local authority and the schools were held to account for their educational performance. Obviously, this must be handled sensitively, but we know that children and their educational outcomes suffer in these circumstances, so making this more consistent must be beneficial.

[Jess Phillips]

I absolutely agree; there needs to be a consistent thread. I suppose the Government would lean on the idea of Ofsted’s safeguarding principles with regard to all schools, regardless of whatever jurisdiction they sit under. However, if we looked at any of the inquiries into sexual violence or harassment in schools, which have been done by what feels like every Select Committee over the past five years, we would see there is a real disconnect between the safeguarding that Ofsted is able to identify and incidents where, for example, peer-on-peer sexual violence in a school is handled appallingly. I cannot help but think there needs to be a far more consistent approach.

What is more, for example with Operation Encompass, a proper monitoring review and action plan needs to come out of any review. A former chief constable of Dorset Police wrote to me. He now runs an organisation that goes into schools and works with Operation Encompass. He told me that during a recent webinar with 150 school safeguarding leads, he ran an online poll, to ask who was aware of Operation Encompass: 35% said yes, they were aware; 49% said no, they were not; 9% said that they were not sure; and 7% said yes, but that they were not receiving any calls about children in such circumstances. I can only hope that they have very lucky children in their school without any incidences at home, although I find that vanishingly hard to believe.

When we talk about the voice of the child, nowhere in the debate that we will have over the next 10 days will we hear what I can only describe as a primal cry about hearing the voice of the child, including when we discuss the family courts. If I wanted to filibuster all day, I could read from the special folder in my inbox, which contains hundreds if not thousands of emails from children and adult victims who have been through the family courts, talking about how the children were ignored. There is a deep and meaningful reason why the voice of the child has to be put on the face of the Bill. Later, when we discuss the family courts, what we hear will put us all beyond any doubt that rarely are children asked what is happening at home by anyone, even when services are instigated.

Including children in the definition of domestic abuse would also mean that public authorities and frontline practitioners, including CAFCASS—the Children and Family Court Advisory and Support Service—and the police, will be encouraged to recognise and respond to children experiencing domestic abuse. Local authorities and their partners would recognise the importance of ensuring that child victims have access to support for their needs. That is deeply important.

I do not underestimate how stretched local authorities are. In most circumstances, they are trying to do the very best that they can. I used to say that I wished that the victims of domestic abuse were as important as the bins—there is a statutory duty to collect the bins—but now they will be. We have made it to the heady level of domestic abuse victims being as important as bins! I now wish to see children in every local authority reach that heady status. I do not underestimate the importance of bins, though. I am from Birmingham, where we have bin strikes all the time, so I cannot tell you how important I think that the collection of bins is—I do not wish to present otherwise to the Committee.

The report of the Joint Committee on the Draft Domestic Abuse Bill echoed much of what I am saying, stating:

“We recommend the Bill be amended so the status of children as victims of domestic abuse that occurs in their household is recognised and welcome the assurance from the Home Office Minister that the Government seeks to include the harm caused to children in abusive households in the definition”—

we would welcome that.

The Minister sent a letter following Second Reading this time—the Joint Committee report is actually a piece of scrutiny work done on a previous Bill. The Bill we are considering is a different one but, in shorthand, let us all assume that we are talking about the same Bill for now. In the letter, the Minister stated:

“It is vital that we support children who are affected by domestic abuse, and the Bill expressly recognises that in the statutory functions of the domestic abuse commissioner. One of the key functions of the commissioner will be to encourage good practice in the identification of children affected by domestic abuse and the provision of protection and support.”

I want to know what “encourage” means—the domestic abuse commissioner will “encourage”.

The domestic abuse commissioner, in her evidence to us on Monday, very much encouraged the idea that more support is needed for the victims of domestic violence who are children. She told a clear story about how shocking one particular service that seemed to be doing it well was to her—that she had never seen such a service. What powers will the powers of encouragement have? Will the Minister explain in her remarks how the commissioner will encourage that? The Government have not been encouraged to include children. The commissioner—regardless of her title—has no budget to commission children’s services in the country, and she has no power to demand that a local authority does it.

--- Later in debate ---

[Victoria Atkins]

I very much appreciate the request, but, sadly, I cannot provide the Committee with a copy at this point. When it comes to the transparency of the journey to this point, the guidance has not been created by a silo of Home Office officials who did not talk to anyone else. We have involved, consulted and asked other people, and that has included asking the designate domestic abuse commissioner for her views. Indeed, she mentioned last week that she had seen it. Other charitable sectors have been very much involved and consulted in the drafting of the guidance. Sadly, covid-19 has had an impact on our ability to draft the guidance so we have not been able to publish it in time for the Committee, but we are aiming to publish it in draft form before Report. I hope that members of the Committee will be able to see it before the next procedural stage, and I apologise for it not being available now. We want people’s views on it. All sorts of colleagues have been asking me whether certain things are being included in the guidance, and I have been saying to them, “This will be open for people to give their views on it.” Of course, I welcome views on it.

[Liz Saville Roberts]

I wonder to what extent the Minister has considered the Rights of Children and Young Persons (Wales) Measure 2011, and the fact that when we are dealing with children we are at the jagged edge of devolution—between the laws affecting Wales and those in England—as well as considering how the interplay will work with these measures.

[Victoria Atkins]

The hon. Lady probably does not know this, but she may be committing a parliamentary first. The old hands that have previously sat on Bill Committees will know that part of a Minister’s job is to keep talking while her officials furiously scribble notes that are handed to her to enable her to accurately answer difficult questions. Sadly, I do not have that ability, but Members may see me looking at my mobile phone. I would be grateful if the hon. Lady would indulge me and allow me to return to that later, because she asks a specific question. In general, I am, of course, aware of the jagged edge, as she describes it.

[Liz Saville Roberts]

Part of me feels that I may be a little bit boring in this Committee, because I have a duty to say, “Look at what has been done in Wales and look at the responsibilities that lie in Wales.” I fear—this came up in the Joint Committee on the Draft Domestic Abuse Bill—that we have two pieces of legislation in operation and this piece of law will affect the legislation that I have mentioned. We will create wonderful events, or we may unexpectedly create tensions out of the divergence test. It is important that that is considered at this stage.

[Victoria Atkins]

Very much so. May I postpone my answer until we debate the amendment that the hon. Lady has tabled on Welsh devolution, so that I can address the point about clause 11? We are aware that good work is going on in Wales on domestic abuse through the devolved authorities. Where matters are devolved, we have the “jagged edge”, as she describes it: some areas in Wales are devolved and some are not. It is perhaps a little clearer cut in Scotland, but we are clear that we want to work with our Welsh colleagues, and I hope that the commissioner gave reassurance last week. I think I am right in saying that the Home Office has helped to fund the work on adverse childhood experiences has been conducted by the South Wales Police. We see that as a really important piece of work with the police and crime commissioner in South Wales, and we hope that it will help the rest of the country as the findings are evaluated.