Domestic Abuse Bill (Third sitting)

Nickie Aiken Excerpts

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

[Jess Phillips]

I am not. Often, the two issues that the children’s sector mainly campaigns for in this regard become conflated. One is the issue of teenage relationship abuse and the age limit of 16, at which the definition that we are discussing currently sits. There is some divergence of opinion about whether the way to include children in the Bill is to remove age limits. For very obvious reasons, there are concerns about that. As somebody who has represented and worked with child victims in the past, I would not wish to see them criminalised—that is one issue. On the issue of whether a child should receive in the definition the status of victim rather than witness of domestic abuse, I have heard no divergence—my hon. Friend is absolutely right.

As somebody who worked in the women’s sector, I have to say that if the Government want to take some real credit for what they have done for the domestic violence sector, the greatest thing that they have done— I do not mean this in a glib way— is to genuinely unite charities, which now work in a way that was certainly not always the case when I worked in the field. On this matter, they are all singing from the same hymn sheet.

As always, I want to give voice to some of those who have suffered in childhood. Charlie Webster, the Sky Sports presenter, who sits on the victims’ board at the Ministry of Justice to advise the Government, has expressed real frustration that there seems to be little to no movement on this issue. She has talked about her experience of living with domestic abuse as a child. She said:

“Home is supposed to be your safe, loving space. As soon as I walked in the door from school I wouldn’t know where to put my feet in case I made a noise. I would chew quietly and make sure my teeth wouldn’t touch my knife and fork, not making any noise, trying to keep the peace to protect my mum. Anything would make him angry, even the sound of me eating. Hearing that, he would smash the table with his fists near your face. I was constantly on edge.”

Charlie admits that growing up feeling worthless and unloved has affected her adult relationships. Lasting effects include an inability to accept praise. Charlie said:

“I was traumatised and had a lot of nightmares. If I got close to somebody, it would trigger a feeling of a lack of safety and stability.”

She said that her situation was a factor in her being sexually abused by her former running coach in her teens, and added that,

“People like that coach are predators who prey on vulnerable people for the power. It was easy to have power over me.”

I wish I could say that Charlie’s case was an unusual one in which domestic abuse in childhood had not laid in step the trap of both domestic abuse and sexual violence and exploitation in adulthood.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I would like to say that Charlie Webster is a good friend of mine. I have lived through her testimony and it is harrowing, to say the very least. There are many reasons why she was let down by local authorities and by the police. To go back to what you were saying, Jess, as the children’s services lead for a London borough, I have seen at first hand that the trauma of domestic abuse runs through all families and all relationships.

I would like to ask what you think the Domestic Abuse Bill will achieve by adding that definition of children, compared with what the definition does in the Children Act, where children are protected. Also, from the point of view of CAFCASS, there is the importance of family courts and of listening to children. I have sat on the board of CAFCASS and know that they have a huge part to play.

[The Chair]

Order. I remind Members that interventions need to be short. Also, may I make a gentle reminder that the speaker is addressing the Chair, and therefore not referring to other Members by their first name?

--- Later in debate ---

[Liz Twist (Blaydon) (Lab)]

It is a pleasure to speak in this debate on amendment 50, which would include children in the definition.

My hon. Friend the Member for Birmingham, Yardley set out very fully the framework and the background to the need for this amendment to be made to include children in the statutory definition of the abuse. Why? We speak calmly about children observing—a very calm word here—domestic violence. What that means is that children experience violence—violent behaviour, abusive behaviour, shouting, fear and dread. They are not just observers but victims, affected emotionally and physically by that abuse. They feel the violence and danger. None of us in this room, I think, would disagree with that.

Why should we amend the definition to include children? Because they need to be recognised formally as victims in order to be sure that they can access the support and services that they will really need at the time they need them. Their needs would therefore be addressed specifically when dealing with domestic abuse. That needs to be set out in law, so that they have that beyond any doubt.

On Thursday, in the evidence sessions, we heard about the substantial support for the inclusion children in the definition of domestic abuse. We heard from the domestic abuse commissioner and the Victims’ Commissioner, both of whom gave evidence and believe that it is hugely important to include children.

Last Friday, the Minister kindly met me virtually, along with the children’s charities Action for Children, the NSPCC and the Children’s Society. We specifically discussed including children in the definition. We talked about the age 16 limit, which appears in an earlier subsection. The charities told the Minister that they and the wider sector were agreed in their wish not to change the reference in the Bill to age 16, but rather to support this amendment to include a wider description of children.

Yesterday, I was pleased to see, circulated by the Clerk, evidence submitted by the sector on the age 16 issue—DAB 44—including the people we heard from last Thursday, such as the Women’s Aid Federation and other organisations. No one wants to see children criminalised as a result of relationships between each other, and it is really helpful that yesterday that statement was circulated making the sector’s unequivocal support for the amendment absolutely clear.

I have talked to constituents about this issue, and to some excellent local organisations in the north-east, such as Children North East, which provides support for children affected by domestic abuse. They tell me about the difficulty of ensuring that they have funding and commissioned services for children. They are doing a great job, but there is so much more that we need to do to ensure that children have support when they are victims of domestic abuse.

In the Westminster Hall debate that I was fortunate to secure earlier this year, I spoke about my constituent Christine, who had been a victim of domestic abuse. She has come through that and now wants to change things. She talked to me about the need for children to be properly supported.

Christine’s daughter, who is now an adult, is still dealing with the trauma of the domestic abuse suffered by Christine and living in the home where that took place. Her daughter contacted me after the Westminster Hall debate—she sent a very nice card—to say how much she appreciated the fact that finally people were taking notice of the needs of children and recognising them as victims in their own right. She was so pleased that there might be a glimmer of hope that things might improve for children.

Again, why should this be in the definition rather than the guidance? Inevitably, people looking at what service they need to provide, especially in times of financial constraint, will ask, “What does the law require us to do?”. That is why it is important to have the amendment in the Bill. It will mean that statutory authorities must address the needs of those children. Statutory guidance is not enough and in any case, as we know, it is not yet ready. I support the amendment and hope that the Government feel able to accept it.

[Nickie Aiken]

I am delighted to hear that the Minister is certainly in listening mode. Having heard from the hon. Member for Blaydon that the Minister met with children’s charities on Friday, it is clear that she is in listening mode.

I would like to make the point that there is a lack in the role that local authorities should be playing under the Children Act, which I mentioned earlier. I led a council and was the children’s services lead at a time— 2010 onwards—when it got quite difficult. We were innovative and put children first. That was responded to by Ofsted, which awarded Westminster City Council the outstanding grade in children’s services. Again, last year, that was repeated—the first time any local authority had received an improved Ofsted outstanding grade. That was a brilliant example of how social workers and children’s services experts put the child at the forefront of all that they do.

Domestic abuse runs through so much, as we have heard today. Having launched the first ever domestic abuse strategy for Westminster back in 2012, I know that we put children at the heart of that.

[Peter Kyle]

The hon. Lady cited the example of Ofsted, which I think is a good example, because schools have a legal duty to improve; if they do not, Ofsted has the power to intervene. She is not making the case that it is important for children to have a legal footing in the Bill. Does she see the similarities in the argument, and is she open to the idea that it might be worth exploring the concept of having a statutory definition of children in the Bill?

[Nickie Aiken]

I think it is down to the Minister to decide that, but, as I said, from the commissioner’s point of view, it is important to encourage and to be part of the whole system. There is a lack in the involvement of local authorities, which already exists.

Having sat on the CAFCASS board for several years, as I said earlier, I was appalled when we had a briefing from experts who had been sent to Birmingham City Council to do the quality assurance, because the council was letting down its children. What I took away from the briefing, and what I have taken away from the evidence we heard last week, is that local politicians have to play a part and ensure that they put their children at the heart of their children’s services strategy. There is still a lack of that approach. In Rotherham, for example, where were the local politicians holding their services to account?

[Jess Phillips]

I speak as a local politician in Birmingham. If we would like a tally of who can slag off Birmingham City Council more, I would definitely win. The hon. Lady is talking about the children who might interact with Birmingham City Council or Westminster City Council. The reality is that they represent a tiny fraction of child victims of domestic abuse. The vast majority the children we are talking about will never interact with any children’s social worker ever. It is the duty of the council to fund services beyond that. While I could definitely take pot shots at Birmingham City Council, it is fair to say that, in reality, it would not be able to afford most of what we might be suggesting here.

--- Later in debate ---

[Nickie Aiken]

Having been a local politician for over 15 years, I have always taken the view that it is not always about the money. It is usually about the attitude of local authorities and the innovation that they can bring. Westminster City Council achieved two outstanding Ofsted grades at a time when we saw about 50% of our funding cut.

Let me end with the words of Charlie Webster, a victim whom the hon. Member for Birmingham, Yardley quoted today. I spoke to Charlie this morning and, when I told her I was hoping to speak today, she said:

“Thank you so much for validating the many times I’ve had to convince myself my life is worth living both as a child and an adult. I’m praying that this will make a difference to actually start to tackle the root cause and allow children love and to reach their potential because they’re absolutely deprived of it in Domestic Abuse.”

That is where I would like to end. I am delighted that we are debating the Domestic Abuse Bill in Committee today.

[Alex Davies-Jones (Pontypridd) (Lab)]

I, too, am a new Member of Parliament and this is the first time I have sat on a Bill Committee.

Since I started as a Member of Parliament, I have been inundated with casework, as Members can imagine, given what has happened in my constituency. We have had terrible flooding, the coronavirus pandemic, and the comings and goings of a certain political adviser, but I have also had lots of casework relating to domestic abuse and domestic violence. It has mainly been from women, with some from men, and, more often than not, it includes children in the family units, all of whom are victims who need equal protection. As it stands, the Bill does not fully address the needs of children affected by domestic abuse.

As we have heard from other Members, this Bill has the opportunity to change things and to save lives. Lives are not saved through encouragement, guidance or attitude; they are saved through funding services and by putting children in the definition in the Bill. That is how lives will be saved. Given that the Bill will inform the Government approach to tackling domestic abuse, it is vital that we understand the impact on children. We have heard many harrowing tales; as my hon. Friend the Member for Birmingham, Yardley said, we have all heard such tales.

Children need our protection and our support, and that needs to be fully reflected in the Bill. As a new Member and somebody who has already had people come to me about the issue, I cannot see how we would not include children, in order to save lives. It seems unconscionable to me that we would not do that. Members might say that legislation in the Children Act may save children, but what my hon. Friend the Member for Birmingham, Yardley said really hit me. There is legislation for everything now. We have legislation that will stop people from abusing people, but just include children in the Bill to save their lives.

Domestic Abuse Bill (First sitting)

Nickie Aiken Excerpts

Committee Debate: 1st sitting: House of Commons
Thursday 4th June 2020 Public Bill Committees

[Jess Phillips]

[Nickie Aiken (Cities of London and Westminster) (Con)]

[The Chair]

Domestic Abuse Bill (First sitting)

Nickie Aiken Excerpts

Committee stage
Thursday 4th June 2020 Public Bill Committees

[Jess Phillips]

Q Would it be pointless to have a Bill that makes ways for domestic abuse protection orders to exist if, in your local area, there is not a service that would be accredited, by some standard that does not currently exist?

Nicole Jacobs: I have always understood that the DAPO is in the Bill to pave the way, through its two-year piloting. There is no doubt that it will prompt many questions: the implementation, the way we should be working together, the thought we need to give to how victims and survivors are communicated with in courts, and any number of other things.

Because I am an optimistic person, I always thought that while things are not covered off completely—there is a huge gap with the idea of the perpetrator and where all the constant requirements are coming from—the general strategy is for people to learn in the process of the DAPO. I guess my plea is for you to strength the evaluation of that pilot any way you can in the Bill. It needs to be implemented and resourced properly, including the voice of victims, and my other plea would be for the Victims’ Commissioner and I to be included in the learning for the DAPOs.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Q I want to comment on a few things that you said in response to Jess’s questions. A lot of the things you are saying about the DAPOs will obviously come into the statutory guidance. It is important to remember that there are things in the Bill, but the statutory guidance will be the backup, and I suspect a lot of your concerns will be addressed by that guidance. When you talk about community-based services, are you talking about the charitable sector—the third sector—or are you talking about local government? In local government, there is an ability to offer a lot of domestic abuse services, but some councils do not choose to. What is your definition of community-based services?

Nicole Jacobs: In general, I am talking about the ones that are commissioned for domestic abuse services, usually—although not solely—by the local authority. Sometimes those are outreach workers or independent domestic violence advocates; at one point, I was one of those. All aspects of the local authority are highly dependent on those services—housing officers, social workers, teachers—and a whole breadth of referrals come into those types of services. Just to give you an example, in the area of west London where I worked the year before I took on this role, they had 4,000 referrals of people into those community-based services, so we are talking about quite high volumes of cases. Each worker will be supporting 30 to 40 people at any given time. That is on a rolling basis over the year, so by the end of that year, just that one worker will have probably supported well over 100 people, if not more.

There are a few places where that team will be employed within the local authority, but those are few and far between; the commissioning-out of that service is much more common. I prefer the commissioning-out of the service, because people who experience domestic abuse have such a lot of fears about seeking help because they worry about the consequences. They do not know for definite what the police, particularly, are going to do, or social workers or anyone else, and they really value the independence of that role. It is not that they would never share information: if they have safeguarding concerns, for example, they have a duty to share those, but there is a level of independence that gives them a bit of safe space to think through the complexities of their situation, and it is fairly well evaluated that these are critical services. They are also quite cost-effective. It is incredible what these individual workers will do over the course of the year. If you shifted that into a local authority, they would cost more and the relationship would change, so the case I am making is for us to recognise how critical these services are.

My worry is that if we go ahead with the statutory duty for refuge-based or accommodation-based services, local authorities that are cash-strapped or concerned about budgets will obviously prioritise that duty, and the unintended consequence could be that these community-based services are curtailed or cut. They are not in main budgets, but have to fight year in, year out or in each commissioning cycle, which are relatively short: two years or sometimes three. I worry that because they are not part of a duty, they will be cut or curtailed, when even now they are barely covering the breadth of support that they should. There could be some serious unintended consequences from the implementation of the duty.

If it stays that way, the Ministry of Housing, Communities and Local Government should include in the current set-up of the statutory duty for accommodation-based services a firm responsibility to understand what the consequences could be for community-based services. In practice, the pattern is that it is hard to see the expansion in these services that you might think there would be, considering the prevalence rates. I think that surprises many people. It might not surprise you, but it does surprise many people when they realise how these services have to survive on a shoestring with such a lot of cobbling together of funding.

[The Chair]

We will now have Peter Kyle, followed by Virginia Crosbie and Liz Twist. The Ministers have indicated that they want to ask you some questions, but I will try to save them to the end and get the Back Benchers in first.

Domestic Abuse Bill (Second sitting)

Nickie Aiken Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 4th June 2020 Public Bill Committees

[Jess Phillips]

Thank you for sharing your story with us.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Q Thank you for sharing your story. I am sure it is very difficult having to keep repeating your story, but thank you. It is very powerful.

You have obviously been getting help from the Southall Black Sisters, which is good to hear. Have they or anybody else referred you to the national referral mechanism, which is for victims like you?

Somiya Basar: From what I understand, it takes forever for that system to work, and I don’t think that system works as efficiently as the pilot scheme by Southall Black Sisters. I don’t think I am an expert here and I do not understand the terminology, but what I understand is that the other system that you are referring to takes forever. It is not a system that works efficiently to the full benefit of the victim.

[Nickie Aiken]

Q But you do not think you have been referred.

Somiya Basar: I am not aware of it.

[Peter Kyle (Hove) (Lab)]

Q Thank you for coming today. As an individual, as a mother to British children and as a victim, have you at any point felt that the British Government and the British state is on your side?

Somiya Basar: I really felt abandoned, even by the British state. I think they have failed me. Had there been any other channel of being here, I would have been notified by the embassies, because the embassies in the different countries that we lived in knew exactly what was happening with myself, with my children. At some point the father had abandoned the children with me in South Africa with no immigration status. The British embassy knew full well that we were in dire straits, and not much help was available, so I think I have been failed.

--- Later in debate ---

[Nickie Aiken]

Q I was interested in what you said about the MARACs, having been responsible for MARACs in a previous life. What do you think the Bill will do, if anything, to strengthen MARACs and the ability to work across agencies?

Lyndsey Dearlove: The Bill talks around MARACs quite efficiently and gives additional powers to the police and the criminal justice system. However, it does not look at the third sector’s involvement in MARAC, or at making it a statutory obligation for people to be at that table and ensuring that the people who come to the table bring the right information and act on it.

In a way, the Bill will be great because we will see a resurgence in attention, but the reality is that in a couple of years’ time we will be saying the same things. We cannot let that happen. MARAC, and attention to detail around victims of domestic abuse and safety planning, must remain an incredibly important and prioritised issue in all agencies.

[The Chair]

Does anyone else have any questions? In that case, thank you very much for your evidence this afternoon.

Examination of Witness

Dame Vera Baird QC gave evidence.

--- Later in debate ---

[The Chair]

We have two minutes. I know Nickie wanted to come in.

[Nickie Aiken]

Q There has been a lot of discussion today about whether children are direct or indirect victims of domestic abuse if they are within a family or household where domestic abuse is taking place, but they are not actually being abused physically themselves—but they are witnessing a parent. How do you feel—I am speaking particularly to you, Councillor Simon, with your local government hat on— about whether children should be considered victims, whether they are indirectly or directly affected?

Simon Blackburn: Children are direct victims—

[Nickie Aiken]

Should they be considered victims?

Simon Blackburn: When I was a social worker—I used to be a child protection social worker—I had numerous arguments with my bosses and the police along the lines that even if the children were not present in the house, and were staying at grandma’s, for instance, and there was an altercation and their mother was hurt by their father or her partner, the children were none the less victims, because when they returned home the trauma, whether physical or emotional, is there, and it impacts on Mum’s ability to parent and her ability to manage relationships with the children. So it does not even matter if they are physically present. They are direct victims, in my view.

[Nickie Aiken]

Q How do you think councils could deal with that if the definition covered children?

Simon Blackburn: The Children Act, the legislation under which all social workers operate, is clear that children are at the front and centre of every assessment that is completed, so I am not sure that there is a need for anything. There may be a need to emphasise that. There may be a need for Ofsted and the Department for Education to remind local authority social services departments of that, but I think that is already very clear in legislation.

[The Chair]

We have run out of time for this sitting. I thank our last two witnesses very much for coming along.

Ordered, That further consideration be now adjourned. —(Rebecca Harris.)

Windrush Lessons Learned Review

Nickie Aiken Excerpts

Thursday 19th March 2020 Commons Chamber

[Priti Patel]

I thank the hon. Gentleman for the tone of his question and for the points he makes. I urge all right hon. and hon. colleagues to look at the review. It is deeply moving and powerful. In many ways, it gives a voice to people who felt that their voice was taken away from them. My focus is to do right in terms of the wrongs that were undertaken and, more than just apologising to the individuals and communities affected, to review the recommendations and ensure that my Department puts people before process.

[Nickie Aiken (Cities of London and Westminster) (Con)]

It is clear that my right hon. Friend is appalled by what she has read in the report. She has spoken with compassion, and I believe fully that she will ensure the Home Office changes. If there is one person who can do it, it is my right hon. Friend. However, can she give me an assurance that there will be no cap on the compensation awarded under the Windrush scheme?

[Priti Patel]

My hon. Friend is right to point to the scheme itself. I have spoken about the scheme and the way it works. There is no cap at all. I repeat my plea to all colleagues in the House to work with us to bring forward cases of claimants in their constituencies. I thank colleagues who have done that—not just recognising those individuals but working with the Home Office to ensure that those who are eligible receive the full compensation.

Policing (England and Wales)

Nickie Aiken Excerpts

Monday 24th February 2020 Commons Chamber

[Kit Malthouse]

The best thing I can do is encourage them, once again, to elect a Conservative police and crime commissioner in May who will be focused on their priorities. I am pleased to note that, in the past couple of weeks, Lincolnshire police’s inspection report has significantly improved, which I gather was the cause of some celebration in the Lincolnshire media. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), was trumpeting the triumph of her local police force.

We will be supporting Lincolnshire police in all its work, and it has made a special grant application that we will be considering in due course. I recognise that a county like Lincolnshire, which is very large and sparsely populated, faces particular challenges that we will want to address.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Does my hon. Friend agree that, with this extra funding for the Metropolitan police, it is time that the Mayor of London, Sadiq Khan—who is responsible for policing in London—revisited his list of police station closures, including the important Belgravia police station in the Westminster part of my constituency?

[Kit Malthouse]

I know Belgravia police station very well indeed—[Laughter.] It was not through having spent any overnight stays there. During my time in policing in London, I visited it on a couple of occasions. The Met will be in receipt of a further 1,369 police officers, who will need to be accommodated somewhere. As I have said in the media in the past, perhaps to some hilarity, their lockers will need to go somewhere, and an expansion of the size that London will see over the next few years means that a general review of the property strategy is sensible.

Policing and Crime

Nickie Aiken Excerpts

Wednesday 29th January 2020 Commons Chamber

[Kit Malthouse]

As would be expected, I completely agree with my hon. Friend. He has identified a trend that I have detected, which is returning to policing after an absence of some six years. The policing family in its widest sense has drifted towards an obsession with process rather than product. For example, in the six months for which I have been the policing Minister I have been invited to conferences on computers and human resources, but I have yet to be invited to a conference on crime and how we fight it. We will therefore be holding such a conference in March. We will invite police and crime commissioners to come and talk about crime-fighting policy, and I hope that many of the best of them will do so.

[Nickie Aiken (Cities of London and Westminster) (Con)]

Does the Minister agree that it is important for the Mayor of London in particular to trust local authorities to be able to fight crime and the causes of crime in their own areas? What concerns me is that the money that comes from violence reduction units comes with too many conditions. Local authorities such as mine, Westminster City Council, know their young people. They know their estates and their streets. I urge the Minister to ensure that the Mayor of London, and police and crime commissioners, trust their local authorities an awful lot more with their funding.

[Kit Malthouse]

There speaks the voice of experience. It is great to see a former leader of Westminster City Council, and a successor in my council ward, in this place. She is quite right: that was something that we recognised, certainly when I was at City Hall, in our joint engagement meetings, when we put every single local authority in London alongside every single borough commander and anyone else in the borough who wanted to fight crime, and talked about our common problems and our shared solutions, bearing in mind that no one organisation or geography has a monopoly on wisdom and that very often local authorities are closer to the problem than the police can be.