Domestic Abuse Bill (Second sitting)

Luke Graham Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 29th October 2019 Public Bill Committees

[Carolyn Harris]

Thank you very much. Diolch yn fawr.

[Luke Graham (Ochil and South Perthshire) (Con)]

Q Thank you very much for coming to the Committee today, and for your time. You mentioned that you had communicated with the devolved Administration in Scotland as well. Could you just elaborate on some of the communication you had and on the sharing of best practice, if any?

Nazir Afzal: It is premature, to be honest. The Scottish Government do not have a role of the kind that you have in the Bill, and that the Welsh Government have. It would be premature of me to tell you what their plans are. There is certainly good practice—there is no getting away from it. When we talk about knife crime, we talk about the public health approach in Glasgow, do we not? If the public health approach can work for knife crime, it can work for violence against women and domestic abuse. The idea of being able to contain people who are currently infected, for want of a better term, and then prevent others from becoming so by dealing with the infection—it is the same thing with domestic abuse. They are applying the kind of approach we are taking in Wales, and I hope England will do the same. There is good learning, good sharing and good practice. The Scottish Government are probably no further forward than England in relation to structural governance issues, but the will is certainly there.

I go back to what I said. Part of the problem, as HMI indicated earlier, is that we have a bit of a perfect storm right now. Scottish police numbers and health service numbers have been reduced. There has been an impact on all sorts of areas where previously the people were there to provide that level of service. NGOs do not have the same funding. If you have a significant increase in victims, as we have had over the past three years or thereabouts, there is nobody there to provide them with the service. Scotland is no different from England and Wales in that regard.

[Luke Graham]

Q No, I appreciate that. The section of the Bill on the commissioner’s role talks about the establishment of an advisory board. The Bill mandates that the board must include representatives from voluntary organisations and healthcare professionals from England, but there is nothing about Wales. Given that Wales is a central part of the advisory board, would you like to be on the board?

Nazir Afzal: Not me personally, because I have not got the time, but I certainly think that Wales should be on it. It is an England and Wales board, even if there are reserved and devolved areas. I cannot see any reason why Wales should not be present. We currently engage with the Home Office even though, technically, it does not have responsibility for certain parts of what we do in Wales. I see no problem with that.

[Luke Graham]

Q This is important, and I do not want to put you in a constitutional hotspot, but devolved does not mean separate. A lot of the Bill is meant to be set by the UK Parliament. Some Members will push for it to be extended in certain areas to Scotland. As I have experienced with my constituents, domestic abuse in relationships does not respect county or other political boundaries. Do you agree that—framed as the Bill is about sharing best practice, sharing standards, ensuring that certain standards are reinforced throughout the entire United Kingdom and ensuring that analysis is shared throughout the United Kingdom—this is a good space for the Bill to play in, and that it can respect devolution within the United Kingdom and the role of central Government?

Nazir Afzal: Yes, 100%. The victim referral pathways could involve a victim from—well, I had one a long time ago in London who was moved to Inverness. If we do not have common practices, and so forth, rest assured that that would be a recipe for disaster. You need to have an understanding across borders, despite the fact that, jurisdictionally, there will be differences.

[Vernon Coaker]

Q In your evidence to us just a few minutes ago, you said that there were some issues with the Bill and that you would be happy to share them with the Committee. Could you please do that?

Nazir Afzal: Absolutely. The main one is the public duty. We have found in Wales that unless you mandate it, it does not happen. Furthermore, unless you ring-fence it, it does not happen either. Our experience—the experience across England and Wales, actually—has been that if people have made cuts, they have made them in areas they see as soft, and strangely, they see this area as soft. That is ridiculous, frankly, but none the less that is what they do. Unless you say—we have not said this in Wales—“0.5% of your income must go on whatever it is” and ring-fence it, it does not happen.

The public duty side of it certainly needs to be clearer, because people do opt out. One third of mental health trusts in England do not have a strategy that deals with domestic abuse. Given the number of victims who will be suffering either as victims or, potentially, as perpetrators, that is scandalous. My experience tells me that unless you mandate these things, it does not happen. That is issue No. 1, and I clearly think that is right.

Black and minority ethnic victims have been let down. Do you know how many independent domestic violence advisors in England and Wales work specifically with BME people? There are four.

--- Later in debate ---

[Alex Norris]

Q Is anywhere doing it really well at the moment? Postcode lotteries have winners as well as losers. Does anywhere model the sort of thing that you are talking about?

Eleanor Briggs: Yes. The research that we did with Stirling has three different case studies of how local authorities are operating. One is high functioning, one is doing okay, and one is a really poorly functioning local authority. We will happily share that to show you how the different models are working. We hope that through an expanded duty everyone could get up to that high-functioning model.

[Luke Graham]

Q My question builds on those of some of my colleagues regarding how children who experience domestic abuse link with potential fostering services, the Department for Work and Pensions, and future education opportunities. Having had a number of constituents and some family go through a similar process, I know that there is a lot of opportunity to fall through gaps. What, in your view, are the elements of best practice? If they are not in the Bill already, we can try to add them. Certainly, we can share such best practice more widely, supporting an individual in an abusive situation and then connecting them with DWP services, education and other opportunities.

Sally Noden: I can talk about a case study. I think this will answer your question—tell me if it does not. Within our service, we had a referral of a sibling group. There is a waiting list, and by the time of the referral one of the children had been removed—in fact, all three of them had been removed and one was in a foster placement on their own. We continued with that work; our original piece of work was with the foster carer and the young person.

We linked up with children’s social care and with the foster carer, and we met with mum, because the young child was potentially going to go back home—so we linked up in terms of what sort of therapeutic support we could offer this young person. In fairness, children’s social care linked up with us as well and ensured that we were speaking to the right people. We needed to speak to the foster carer. We might have spoken only to mum, or we might not have spoken to her.

The big piece of work that we did with that young person was trying to work out their emotional responses to the uncertainty that they were going to go through. That was a huge piece of work, because they did not know whether they were going to go home. At one point, the courts were looking at whether dad was a potential caregiver. Dad had been the perpetrator of domestic violence towards mum. We had to do some work, although the child was not really in recovery because they still had lots of uncertainties; they really needed some therapeutic support in working out their emotions and their lack of knowledge about what was going on.

I do not know whether that quite answers your question. We ensured that we connected up, and doing so has to be everybody’s responsibility. It is the same with adult services. Often you see the adult presented, and you do not connect up whether the child will have to move school, and what will happen to them and their education. That is why it is so important to have children named as victims in the Bill, because people then have to connect it up, from all services.

Eleanor Briggs: I would add that if we got a wider duty, looking more broadly than accommodation-based services, that would help because you would have the board and representatives from all relevant partners across the local authority on that board looking at their joined-up response. That would get them talking, and would be such an opportunity. If they were looking more widely than just at accommodation, they would pick up on those issues.

[Nic Dakin (Scunthorpe) (Lab)]

Q It all sounds a bit precarious. A lot of excellent work is going on, but it is not certain that it will continue in a consistent way. You seem to be putting quite a lot of eggs in the basket of the wider duty, which will be a way to drive resource and underpin greater consistency, so that we are not just dependent on lottery funding that is falling. Can you explain how you think that will work?

Eleanor Briggs: I suppose the way the duty will be set up is that the boards will come together and do an assessment of what is happening their area; what the needs are and how they can commission services to meet those needs. I think the current version of it will look at accommodation-based needs, whereas the way that we envisage it, they will look at the whole spectrum. With other organisations, we would like to look at perpetrators as well, so that we can get a proper picture. We are looking to end this problem and that also involves support for perpetrators. They look at the whole thing as a holistic issue and look at where support is needed. Obviously, that demands a good risk assessment and the right people being there, but proper funding is also key. For this duty to be in place will need proper funding, so that once the assessment is done, the right services can be commissioned and funded properly so that that support is in place.