Child Sexual Exploitation and Consent to Sexual Intercourse

Debate between Mark Pritchard and Lucy Allan

Tuesday 22nd May 2018 Westminster Hall

[Lucy Allan (Telford) (Con)]

I beg to move,

That this House has considered the matter of child sexual exploitation and consent to sexual intercourse.

It is a pleasure to serve under your chairmanship, Mr Bone. I am delighted to see that the Solicitor General is here to respond to the debate. I put on record, however, that I am disappointed that no one from the Home Office is here to discuss the issue. It was intended that the Crime, Safeguarding and Vulnerability Minister, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), would be here, but she is not. However unintentional that may be, I find it suggestive of a lack of interest in this topic—it is not the first time that I have had difficulty in engaging the Home Office on the issue.

Recent press coverage of child sexual exploitation and grooming gangs in Telford has enabled many victims to come forward. Some speak about historical crimes that they have not previously reported; others speak of the enormous challenges that they have faced in getting justice. I will focus on the latter point.

Anyone listening to the debate will be astonished, as I was, to learn that a child as young as 13 can be targeted and groomed for sex with multiple men, and that those men can say to police, by way of defence, “I had no reason to believe that she did not consent. I had no reason to believe that she was under 16.” In such circumstances, unless the victim can show otherwise, the police may not have the perpetrator charged with any offence at all. All the perpetrators have to do is say, “The victim willingly met for sex and did not tell me her age.”

It is worth pointing out that, under the Sexual Offences Act 2003, under-age sex is an offence and consent should not be a factor, but in practice, the police can take a different approach. That suggests that they may not fully understand grooming and the power that a perpetrator can exert over a victim who has been groomed. A child who is groomed into acquiescence is not willingly and voluntarily consenting to sex, but they may not get justice unless they can show that they made the perpetrators aware of their age and that they were unwilling.

Grooming is coercion, and it brings about a sense of control over the victim. It can be subtle or indirect, or it may be direct, by way of a threat to shame a child by exposing their sexual activity to their parent, school or friends. Either way, it is a process of psychological manipulation to force a vulnerable child to do something that they do not want to do and would not otherwise have done. That cannot be equated with consent. Just because physical force is not present, that cannot be grounds for the police to infer that a groomed child is consenting.

How can the authorities assume that a child as young as 13 would willingly consent to sex with multiple men? Let us be honest: in the cases I am talking about, the men are not in the child’s social network—they are not young teenagers from the child’s school, or known to the child’s parents or older siblings. They are groups of adult men targeting young girls through street grooming or in takeaways and restaurants. How can the police possibly assume with good reason that the targeted child consents simply because she did not refuse sexual intercourse? Consent must be freely given without duress or coercion. Consent is a voluntary act.

A young girl in Telford was groomed for sex with a group of men. The grooming began while she was celebrating her 13th birthday in a local restaurant. While she was still 13, she became pregnant by one of those men, and her parents realised what was going on and went to the police. The identity of the perpetrators was not an issue and arrests were quickly made. Two things went wrong, however: the police failed to identify that the men were connected to each other, or that the child had been groomed. The police treated the men as if each one was in a separate relationship with the child. She was treated as willingly engaging in sexual activity with men she had voluntarily chosen to have a relationship with.

The offences the police were to consider in the case were rape and engaging in sexual activity with a child under 16. The police accepted that the perpetrators could not have known from the victim’s actions that she did not consent and, further, that the perpetrators reasonably believed that she was over 16, as she had not disclosed her true age to them until after she became pregnant.

It is clear in this case that the child could not articulate in the testimony that she gave to the police the psychological impact of grooming and coercion. When it was put to her by the police, she accepted that she had not told the perpetrators her age and that she had not refused sexual intercourse. Despite not wanting to have sex with any of the men, she accepted that they would not have known that she did not want to have sex, so the police did not ask the Crown Prosecution Service to bring charges. The grooming was ignored: she had not said no, she had not been physically forced and she was over 12, so it could not be rape, and as she had not revealed her true age, the perpetrators had a reasonable belief that she was over 16, so it could not be sex with a minor.

The destruction and damage to the girl’s life and to her family is impossible to communicate. The family exhausted every avenue in their battle to get justice. One perpetrator, who had sex with the child again while on bail, received three and a half years for sex with a minor, but all the agencies upheld the police’s position when complaints were brought. The family were told that it was right that no charges had been brought against the other perpetrators in the case. How do the parents explain that to their daughter? What message does it send to perpetrators if no charges are brought in such a case?

I want to believe that that is a one-off, isolated case, because under the law consent should not come into it at all. However, the family wrote to the Independent Police Complaints Commission, the CPS, the professional standards board, the Home Office and the Prime Minister, and all the parties that responded took the view that the police’s course of action was correct.

[Mark Pritchard (The Wrekin) (Con)]

I congratulate my hon. Friend on securing this debate on an important local and national issue, and on attracting to the debate the Solicitor General, who is probably the most qualified person in Parliament to respond. The police can always learn lessons, but charging decisions are often a joint exercise with the Crown Prosecution Service. Some of the cases she refers to are of vulnerable young adults who are known to the local authority. Telford and Wrekin Council, which is a key stakeholder in the issue, needs to get on with conducting the independent inquiry, appointing an independent chairman, restoring public confidence in the local council and ensuring that victims get the justice they deserve.

[Lucy Allan]

I fully agree with my hon. Friend that the Solicitor General is an eminent and learned colleague. I also agree with his point about Telford and Wrekin Council. Now that it has decided that it will have an investigation into child sexual exploitation in Telford, it is imperative that it gets on and appoints a chairman. We have already waited two months, and I cannot see that anything has happened yet. I hope it will take the opportunity to delay no longer on that. I thank my hon. Friend for making that point.

To return to the case that I was raising, the family wrote to all those different parties and the answer was that the case had been correctly handled. The CPS sent a letter to the family about the perpetrator who was responsible for the victim’s pregnancy, which said:

“It was right that no charges have been brought in this case.”

It explained why it came to that conclusion by saying that

“the prosecution must prove that a victim was not consenting to the sexual intercourse and...that the person accused did not reasonably believe that the victim was consenting.”

It went on to say that the victim

“was clear that although she may not have wanted sexual intercourse…the suspect would not have been aware from her actions at the time that she did not want to have sexual intercourse…As such a charge of rape is not appropriate and indeed the police did not seek a charging decision from the CPS for an offence of rape.”

It then addressed the possibility of bringing a charge of sexual activity with a child under 16, and said:

“The prosecution must prove beyond reasonable doubt that the suspect did not reasonably believe the victim was over 16. We could not prove this to the required standard. The victim agreed that she had not told the suspect her age until after she discovered that she was pregnant. I believe a jury may have doubts as to whether the suspect is guilty. For these reasons, it was right that no charges were brought against this suspect.”

I repeat that it was judged

“right that no charges were brought against this suspect”.

The authorities were telling the father of a child victim of abuse that there was no good reason to prosecute the men responsible.

Anyone else looking at the facts of this case would see grotesque and traumatic abuse and exploitation of a child by multiple perpetrators; anyone else would understand the lifelong impact that this horrendous crime would have on this child and her family. But the police did not see that. When I discussed this case with them, it was almost as if they thought that it had been the child seeking out the perpetrators and not the other way round. They did not value the account given by the victim. They did not see an abused child; they saw a young woman who had failed to reveal her true age willingly engaging in sexual activity with multiple men.

Social services became involved in the case after the event and held multi-agency meetings; in fact, they held a number of them. At every one of those meetings, what was discussed was a behavioural contract for the child—a code of conduct for the victim. It was the victim who was placed on a curfew and not allowed out after school. I am sure that everyone in the extensive cast list at those multi-agency meetings meant well and wanted to protect the child from further harm, but why was it her behaviour that was in question and not the behaviour of the men who had committed the crime?

Train Services: Telford and Birmingham

Debate between Mark Pritchard and Lucy Allan

Tuesday 6th February 2018 Westminster Hall

[Lucy Allan (Telford) (Con)]

I beg to move,

That this House has considered train services between Telford and Birmingham.

It is an absolute pleasure to serve under your chairmanship, Mr Hollobone. It is also a great privilege to be able to come to this place and raise the concerns of the residents I represent, and to have a Minister come and listen to them. In this place, as we have just seen, we often debate issues of great national and global importance, and sometimes we forget to focus on the issues that have the greatest impact on the day-to-day lives of those we serve.

Telford, my constituency, is a vibrant, thriving and rapidly growing new town set in the heart of rural Shropshire, and this year it is celebrating its 50th anniversary. It has a unique identity and a proud industrial heritage as the birthplace of the industrial revolution. It is a shining example of what a successful new town can be. When Telford was designed half a century ago, it was intended to be self-sufficient, with all services, shopping and jobs provided locally. At that time, people were moving to Telford to get out of Birmingham, to live a better quality of life. However, the design of Telford in that way has meant that in many ways we are now cut off and somewhat isolated. Fifty years on, that self-sufficient model is not a model for a successful business centre, which requires excellent connectivity by both road and rail in order to thrive.

Telford has become a significant population centre and a very important business centre in the heart of the west midlands. It has inward investment, enterprise, commerce, advanced manufacturing and all sorts of hi-tech and new businesses coming to the area. Unemployment has halved and apprenticeships have doubled since 2010. With that, we should be experiencing good transport connectivity and rail networks fit for our growing new town, but sadly that is not the case.

Despite being surrounded by a rural hinterland of gorgeous Shropshire countryside, Telford is only 27 miles west of Birmingham, so we should be perfectly positioned for commuting to or leisure activities in Birmingham. We are next to the UK’s second largest city and should be able to capitalise on that opportunity, yet it takes us 47 minutes to get from Telford to Birmingham by train. We have only two trains an hour, and they are spaced so that if we miss the one at eight minutes past the hour, we have to wait 45 minutes for the next train. The issue is not just the spacing. Once we are on the train, the service is slow. It is a stopping service. The train chugs along reluctantly, stopping at every little Shropshire village that it passes along the way, and often it has only two carriages, which will inevitably be full to bursting at peak times.

As Telford has grown, more and more people have chosen to come and build their lives there, and more and more people want to travel to Birmingham for both leisure and work, so overcrowding is all too common, with people often standing for the whole of the 47-minute journey.

[Mark Pritchard (The Wrekin) (Con)]

Will my hon. Friend give way?

--- Later in debate ---

[Lucy Allan]

I shall be delighted to give way to my hon. Friend and constituency neighbour.

[Mark Pritchard]

My hon. Friend rightly highlights the issues of the track and the capacity of the trains. Does she agree that, in addition, companies such as West Midlands Trains, which won the new franchise, need to look at stations—in particular, Albrighton and access to it, and Wellington, which has 750,000 passengers a year but where there is leaking at platform 1 and no toilet facilities outside opening hours? Some of those basic passenger experiences also need to be looked at—experiences on platforms as well as on the tracks and in the carriages.

[Lucy Allan]

I thank my hon. Friend for his intervention. He is absolutely right. There is a great deal more work to be done and I feel that we have been somewhat neglected over the years in Telford and the surrounding areas. It is important that we address this now for the future of our area. That is why I have come to this place this afternoon.

The journey to Birmingham from London is one hour and 27 minutes or thereabouts, but trying to go on to Telford is a throwback to a completely different era. There is this slow, crowded stopping service, which takes 47 minutes, as I mentioned, and that is enough to move any commuter on to the road. The infrastructure investment has lagged behind our rapid population growth and our growth as a business centre. As you can imagine, Mr Hollobone, residents are regularly in contact with me to tell me about their struggles and their frustrations on a daily basis, so I want to give a voice to their experiences.

The train service between Telford and Birmingham simply does not meet the needs of a modern, thriving new town. In fact, Telford is the fastest growing new town in the country and the fastest growing town in the west midlands, yet we have had the same train service for as long as I and many others can remember, and it is not moving forward.

Princess Royal Hospital Telford

Debate between Mark Pritchard and Lucy Allan

Tuesday 12th September 2017 Westminster Hall

[Lucy Allan]

My hon. Friend says “Shrowsbury; I say “Shroosbury” and so do all my constituents. That highlights one of our great differences.

The hospital trust has reassured me that it is not the case that services are being moved, but it is my constituents who need reassurance. I make the simple plea that the Minister put on the record that, whatever delivery model the hospital bosses decide for the future of emergency care in Shropshire, our Princess Royal Hospital will continue to have A&E care delivered by emergency consultants, and that our brand new women and children’s unit will continue to deliver services to women and children.

[Mark Pritchard (The Wrekin) (Con)]

I congratulate my hon. Friend on securing the debate. The women and children’s unit, which opened two years ago and cost the taxpayer £28 million, is very welcome in Telford and central and east Shropshire. Does she agree that the same arguments that prevented the women and children’s unit from relocating to Shrewsbury two years ago are even stronger today because of the expansion of Telford and environs? The demographics of the county also show that the majority of its children are in the youngest part—Telford and its localities.

[Lucy Allan]

My hon. Friend is absolutely right: the women and children’s unit is a vital resource in an expanding population with many young women and children. That is because Telford is a new town; many people come to build a new life and build their family. That resource is vital to us, and the concept of moving it elsewhere so soon after it has been brought to Telford is farcical. I am assured that that is not happening, but we need clarity. At the end of the day, if people keep telling us something, ultimately we are going to believe it is true.

[Lucy Allan]

My hon. Friend is absolutely right: we have seen some shameless politicking around this issue. The local council has weaponised our hospital year after year, which is not helping the process of reaching a decision. I will talk about that in more detail later, because it is a vital point. The council should be working constructively with my hon. Friend the Member for The Wrekin and me to try to get the best possible hospital emergency care for all our constituents, but that is not happening now. That is why it is important to highlight this issue and bring it to the Minister’s attention.

There is no avoiding the fact that the body charged with deciding what our future emergency services will look like has been inept in its communications. Despite the growing uncertainty, anxiety and ultimately anger of my constituents, not once has that body been willing to communicate with them. Although a consultation is planned at some point, year after year goes by and that has not happened. Each year, my hon. Friend the Member for The Wrekin and I come to this House to beg the Secretary of State for Health to intervene, and each time nothing happens. We have moved no further forward.

[Mark Pritchard]

For many years people throughout the country were fed up with Whitehall and Westminster and successive Secretaries of State for Health interfering in local health decisions. The Government recognised that, and as part of the devolution agenda said that local health decisions should be made by local doctors, clinicians and medical practitioners. Does my hon. Friend accept that that is right? Does she also therefore accept that those decisions are being made locally, and without interference from Whitehall, which is part of the misinformation, disinformation and fake news campaign of the Labour-led Telford and Wrekin Council?

[Lucy Allan]

My hon. Friend is absolutely right: this is a process led by local clinicians who were supposed to come up with a local decision that suited local people. However, that has not happened, and I see no light at the end of the tunnel. The process is in stasis; there is utter paralysis in the decision-making process, and all the while our Labour council is making hay with the total vacuum of information. We cannot go on saying, “It is nothing to do with Government. It is supposed to be a local issue,” because that has not worked. I will come on to the difficulties that that is now creating in recruitment and retention of vital consultants, who make the whole service operate for everybody.

It is not right that the local decision makers are failing to contradict our local council. It is not right that they are not standing up to some of the bullying rants that we hear day in, day out on our airwaves and read in our local newspaper, in which the local council tries to convince the electorate that the A&E and children’s services will close. The mixture of fear and the weight of NHS bureaucracy keeps the local decision makers like rabbits in the headlights. Nothing is happening.

In fairness to those tasked with delivering this decision-making process, they will not have reckoned on the weaponising of our local hospital for political purposes and have not factored that into the work they are doing. We have seen the local council threatening the NHS with judicial review. We have seen the local council sending out letters with every council tax demand claiming that our hospital is at risk. It has been organising street protests, whipping up anger, misleading people and misrepresenting the proposals, and turning public meetings into events where our local clinicians, who are doing the best possible job for our patients in Telford, say they have felt intimidated and unable to do their job.

The propaganda machine in Telford is well oiled. At every coffee morning that I host, and at every school I visit, someone will ask me, “Why are you closing our hospital? Why do you want to move services away from your home town to Shrewsbury?” That technique has totally failed to win elections in Telford, but it none the less has successfully created huge anxiety and prevented the evolution of our emergency care for the future. Playing politics with our hospital has been the trademark of Telford’s council leadership, with complete disregard for the consequences for our area and our future healthcare. Instead of working constructively for the best healthcare for our people, they have simply engaged in a never-ending war of words, whipping up anger and even trying to bring down the local health trust officers.

Instead of a brand new facility that we could all be benefiting from and new investment, now we have dwindling services that do not meet the needs of local people, despite the best efforts of staff. That paralysis has put our services at risk. It has led to difficulties in attracting and retaining staff, so much so that there is now a genuine risk that insufficient staff may lead to night-time closures of our A&E—and if that does happen, I hold the Labour leadership of our council totally to blame.

My constituents have lost out in these political games. We have hours of council officers’ time being spent, constant activity of the council PR department and expensive lawyers threatening the NHS with legal action. We do not even know how much of our council tax has been spent on this, although we do know that £100,000 has been set aside for campaigning activities, which really should not be the role of a local council. The time has now come when it is not enough to stand by and for Ministers to say that this has nothing to do with Government. I accept fully that it did have nothing to do with Government, but it is evident that because local politicians have hijacked the process, it is now wholly out of control. It is also evident that the local NHS has spent millions on a decision-making process that has failed to reach a decision.

My hon. Friend the Member for The Wrekin and I have pleaded with Ministers time and again, year after year, but we are still no further forward. Nothing has changed, and our constituents are none the wiser about the future of their hospital. I invite the Minister to try to give some clarity to my constituents. They deserve to know what is proposed on this most important of issues. If the council is misleading them and providing them with misinformation, they deserve to know that too. This issue matters to my constituents. I am here to represent their needs and concerns, and that is what I am doing today. It is not good enough for Government to wash their hands of something that matters so much to my constituents and the future of our town.

I invite the Minister to work with me, with my hon. Friend the Member for The Wrekin, with the Minister of State, Department of Health, my hon. Friend the Member for Ludlow (Mr Dunne), who is responsible for hospitals, and with the Secretary of State for Health to try to find a practical way to end the complete paralysis that has ruined the prospect of great emergency services in Telford. There is money to invest in better emergency care but we are not even able to access that money in funding rounds because we cannot reach a decision. I look forward to the Minister’s comments.