Domestic Abuse: Victims and Survivors

Lord Meston Excerpts

Thursday 12th December 2024 Lords Chamber

[Lord Meston (CB)]

My Lords, the Government’s aim to halve violence against women and girls in a decade, target perpetrators and address the root causes of abuse and violence is clearly ambitious. It is perhaps less ambitious than the elimination of domestic violence, referred to in the Motion before us.

Statistics do not suggest either aim to be possible. The World Health Organization reports domestic violence to be the largest cause of morbidity in women aged 19 to 44—more than wars, cancer or motor accidents. Domestic abuse used to be seen as essentially a private problem, except in extreme cases. Changed perceptions and the Human Rights Act have given the state responsibilities for positive, preventive and protective action, now reinforced by the Istanbul convention, signed in 2012 and eventually ratified in 2022. That is a convention based on realities rather than on abstract rights.

Domestic abuse persists and will continue to do so, but having worked in family law for a long time I want to emphasise some significant improvements: first, the changes in terminology that have already been referred to. The 2021 Act provides a wide and useful definition of domestic abuse, including psychological, emotional and economic abuse, and it is not confined to what happens in a home, if there is one. But the word “domestic” remains fundamental, emphasising the need to protect homes as places of security and safety, and not as places of dangerous misery.

The recognition of controlling or coercive behaviour has served to focus the attention of the courts and professionals on patterns of behaviour rather than individual incidents. There is now a much better understanding of the impact on victims, in terms of social and familial isolation and loss of self-esteem, particularly in households and relationships in which violence and abuse have become normalised.

However, many perpetrators of abuse, lacking empathy and insight, all too easily move on to other harmful relationships. The family courts see this time and again. Sadly, Sarah’s law and Clare’s law are seldom used by those who most need them.

There are positive indications, however. The police have become more responsive and better at recognising domestic abuse. Refuges remain vital in giving at least temporary safety and enabling women to move on. IDVAs are an invaluable addition to the practical support available; funding for them should be assured. Cafcass officers are now subject to a new Cafcass domestic abuse practice policy, based on hearing victims clearly and taking concerns seriously.

I do not wish to take any more time defending the role of the family courts, but we have to resolve conflicting claims of ulterior motives. There is now a very valuable Family Justice Council document giving welcome and important guidance, giving greater weight to domestic abuse allegations and to suggestions of potential alienation.