Domestic Abuse Bill (Second sitting)

Peter Gibson Excerpts

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

[Liz Twist]

Q There are a number of issues here, are there not? One is the issue of under-16 relationships, and clearly that is a real concern, but there is also the issue of how we best protect children who live in a household where there is domestic abuse. They might not only observe that, but feel the direct impact of it. How can we best protect those children, their rights and their access to services?

Lucy Hadley: We absolutely support making clear in the definition that children are impacted by domestic abuse, and that they are survivors in their own right. The amendment tabled today would do that, in addition to statutory guidance that explains the types of impact that domestic abuse has on children, and why just witnessing domestic abuse is not what we mean here; it is about living in an environment of fear and control that has really devastating impacts on children’s wellbeing and development. Clarity in the law and clear guidance would really help.

Andrea Simon: We must be clear as well that children are not just one grouping. There are children in migrant families who are very much failed by the inability of a parent with no recourse to public funds to access the kinds of support and assistance that they need. Children in those families face a number of impacts, such as enhanced child poverty and not being accommodated safely because of their parent’s inability to access safe accommodation.

Where there are language barriers, there are cases where children in migrant families act as translators for their parents. To have to describe to the authorities the abuse that one of your parents has faced is extremely traumatic. That is the context for some migrant children in abusive households.

[Peter Gibson (Darlington) (Con)]

Q Could you outline for us the role that the domestic abuse commissioner will have in helping the court service to understand domestic abuse?

Lucy Hadley: I think the domestic abuse commissioner’s appointment is really helpful right across the public sector. She has duties, and public bodies are required to respond to her recommendations in a range of different areas, from criminal justice to health, as are other Government Departments. That is really important.

However, we need to recognise that the domestic abuse commissioner’s remit is focused on driving up standards, improving practice and ensuring that we have consistent responses to survivors across the public sector. I absolutely think that the commissioner would be able to map special measures, for example, in court systems, or map different practices in different parts of the public sector. However, without the robust legal framework that the Bill could deliver for ensuring equal access and equal provision of measures such as those for special protection, or to ensure that migrant women with no recourse to public funds can routinely and consistently access support, it will be difficult for the commissioner to hold accountable the bodies that they need to. We need the law to be really clear on consistent access to protection and support for survivors; the domestic abuse commissioner can then hold public bodies accountable for that

Andrea Simon: The domestic abuse commissioner has said that having a cross-government framework is really important. We have had the VAWG strategy for some 10 years—a cross-departmental strategy focused on tackling and ending violence against women and girls. The responses of every part of Government need to be co-ordinated. That is very important for the domestic abuse commissioner’s work.

[Jess Phillips]

Q Lots of my questions have been answered. I used to work for the same organisation, so I know that Lucy works with organisations that work with victims of modern slavery. Andrea, do you work with any such organisations, or have any knowledge of modern slavery?

Andrea Simon: Somewhat, because in a previous role I worked in the trafficking sector.

Domestic Abuse Bill (Twelfth sitting)

Peter Gibson Excerpts

Committee stage & Committee Debate: 12th sitting: House of Commons
Wednesday 17th June 2020 Public Bill Committees

A court order is required to transfer tenancy rights from either the abuser’s sole tenancy or a joint tenancy to the victim’s sole tenancy. There are currently three mechanisms by which that can be done, but they relate only to particular circumstances, and the process is uncertain and complex. All of that requires survivors to have access to legal advice and representation. An application to transfer the tenancy must be made to the family court. The law is complicated in the sense that different routes and remedies are available, depending on marital status and the existence of children. If the parties are married, they can apply under the Matrimonial Causes Act 1973 only if they are in divorce proceedings. Maybe that is literally about to change as we speak; the law normally moves slowly and I feel like it is racing away with me. It can take over a year to obtain the transfer, which will not take effect until a decree absolute has been granted, although that may now be quicker. That route forces parties whose only matrimonial asset might be the tenancy to waste court time and public funds to obtain a transfer. The victim will be insecure while the proceedings are ongoing and the parties will become further polarised. That is an inevitable consequence of family litigation, and has an impact on arrangements they may need to make over children.

[Peter Gibson (Darlington) (Con)]

Will the hon. Lady give way?

[Jess Phillips]

If you are going to ask me a detailed question about tenancy law, I have prepared myself for that.

[Peter Gibson]

It is not a tenancy-related question. While well-intentioned, the proposed new clause serves effectively to sever a joint tenancy agreement and put the tenancy agreement into the abuse survivor’s sole name. The clause fails to make any provision in respect of the tenancy’s joint and several liability and therefore may create unintended consequences, such as leaving the victim—whom the Bill seeks to protect—liable for damage to the property that may have been caused by the perpetrator. That could additionally lead to residual liability for any outstanding rent arrears that may have accrued. Does she agree with me that leaving the victim with further liabilities can actually make things worse?

[Jess Phillips]

It absolutely cannot do that, and we must consider the politics of priorities in these circumstances. I do not pick these amendments out of the air, much as I love to pore over tenancy law. They are usually brought to me by people who have been in these specific circumstances. It is an incredibly pernicious thing, and it can be seen when people are left with problems, less so with damage to the property. I do not believe anybody ever gets their deposit back; that is a mythical thing that never actually occurs in real life. I have certainly never got any deposit back. The rent arrears issue is terrible and pernicious; there is no doubt about that. Victims are telling us that they face the problem of the risk of homelessness. Somebody can end their tenancy just like that. Our constant objective in these clauses is to remove the perpetrator from the situation and leave the victim safer at home.

There are all sorts of things that I would offer if somebody came to me and said, “Well, I’ve got rent arrears based on that.” Birmingham City Council has not had a good write-up in this Committee, but one brilliant thing it does is have discretionary housing payments specifically for local allowances for issues such as rent arrears built up in domestic abuse cases. I would seek to access that sort of support in those circumstances. In fact, with regard to tenancies, lots of local councils have different rules about the kind of things that they can do as landlords—obviously, they are the largest landlords in the country—in cases of domestic violence. Currently, however, the law does not allow for the thing that victims are telling me would help them.

To go back to complicated tenancy law, for those who are unmarried but have children—the law is very detailed in the gradients that are covered—the Children Act 1989 provides an opportunity for the tenancy to be transferred for the benefit of children, but again that necessitates bringing expensive and contentious court proceedings that polarise parties who might have been able to reach agreement over many aspects of their children’s care without the emotional impact of a litigation process. When we talk about the family courts, especially some of the harrowing cases, it is important to remember that 90% of people breaking up from each other, including a high proportion of people even in domestic abuse situations, sever their lives and those of their children amicably without the need for the courts. I want to try to avoid needless litigation, especially for victims.

The transfer in such cases is further complicated by the fact that it is only for the benefit of the children, so if the children are about to turn 18, the remedy may not help. It may be possible to sever the tenancy, but if the child is crashing towards a certain age, people may be cut off.

Married or unmarried victims with or without children can apply under the Family Law Act 1996, but for married couples, the court will insist on divorce proceedings having been commenced and will often divert them down the route of the Matrimonial Causes Act 1973. Where the parties are unmarried, the route of the 1996 Act will still necessitate lengthy court proceedings, often with two or three hearings at a cost in court time in excess of £10,000 and in legal aid of a similar amount for either party represented.

In contrast to those complex and uncertain processes, the new clause provides a straightforward mechanism for the victim of abuse, where they have a joint tenancy from a social landlord, to seek the transfer of the tenancy from joint names to their sole name and to prevent the abuser from ending the tenancy in the meantime. It sets out that where there has been a conviction for a domestic abuse-related offence, the court must make an order to transfer the joint tenancy to the victim’s sole name.

Understandably, there have been quite a few conversations about unintended consequences, which happen with pretty much all laws. No matter which rosette hon. Members wear, no law that has ever been passed has helped everybody universally and has been perfect for everybody. That is the reality, which is perhaps not expressed very well by the Punch and Judy politics of this place.

In the new clauses that we have tabled, we have sought to be clear that the level of the evidence base, such as conviction, needed to take something away from somebody must be high. In the issue of presumption that my hon. Friend the Member for Hove was talking about earlier, that was based on orders and convictions. When we are talking about taking something away, such as a tenancy, I recognise that that is a big liberty, even if someone is a perpetrator, because they might have had a terrible life—lots of them will have had a terrible life.

A domestic abuse protection notice or a conviction seems like a reasonable threshold, rather than just an allegation, for doing something such as taking someone’s tenancy away. Where a domestic abuse protection notice or a protection order has been served, there is a presumption that the court will make an order transferring the tenancy to the victim’s sole name, which the other joint tenant can seek to oppose by showing exceptional circumstances. In both cases, this is subject to the court being satisfied that the tenancy is affordable for the applicant. To answer the point made by the hon. Member for Darlington, in this instance the court would assess the affordability of the tenancy rather than the burden of that tenancy, because we do not want to burden people needlessly.

[Peter Gibson]

The clause deals with affordability going forward, but does it specifically address any latent problems?

[Jess Phillips]

That is a reasonable point. This definitely happens, so I am more than happy for those issues to be dealt with as we go through this process. One thing about this Bill going through to the Lords is that it has some really keen experts who know an awful lot about housing law; I have been a licensed landlord through running refuges and other things, so I know a little bit about the law in this area, but it definitely bamboozles me. Some Lords know an awful lot about the criminal justice system and housing tenancies, so I feel keenly that we ought to make some assessment of the point the hon. Gentleman has made. I suppose the victim could give their consent by self-declaring—by saying, “I am willing to pay £3 a month until my arrears are paid back”, or “He has kicked out the fireplace; I am happy to get it replaced.” Any Member who has large numbers of council tenancies in their constituency will know that tenants would often much rather pay to have things replaced than wait for the council to replace them. It is not uncommon to hear, “I’ve had my whole kitchen done, because I’ve been waiting four years.”

In the new clause, any notice to quit served by the abuser is of no effect if an application has been made, therefore removing the need for an injunction or to protect the tenancy until the application is decided. The amendment also protects succession rights and right-to-buy rights on the transfer of the tenancy to a sole tenant—another classic casework thing I have to deal with all the time. This is a simplification of the current complex, potentially expensive and risky processes by which a victim of abuse can seek the transfer of a joint tenancy to their sole name. It gives greater certainty about the circumstances in which the court will transfer the tenancy to the victim, and it helps the victim of abuse obtain security in their home, free from the fear of the abuser ending their tenancy.

I will briefly touch on new clauses 43 and 44. Domestic abuse does not end when a relationship ends, and leaving an abuser is statistically a highly dangerous time. A survivor faces ongoing and severe threats to their safety. Anyone who has read domestic homicide reviews will know that very few things consistently crop up—the people involved can be of all races, backgrounds and classes—but the common thread running through them is that people often get murdered when they first escape. It is a very risky time, and therefore many survivors escaping abuse need to leave their local authority area in order to be safe. Women and children escaping to a refuge, in particular, will often need to cross local authority boundaries.

The very existence of refuges depends on those services’ availability, as this Committee has largely covered. The Government homelessness guidance for local authorities makes it clear that the local connection rules should not apply in cases of domestic abuse. It states that all local authorities must exempt from their residency requirements those who are living in a refuge or other form of safe temporary accommodation in their district, having escaped domestic abuse in another local authority area. However, this is not a requirement and does not apply to women who have not escaped into a refuge—or into another form of temporary accommodation, which I am afraid to say is the most likely place for them to end up nowadays.

In addition, local authorities often use blanket residency tests in allocation schemes without accounting for exceptional circumstances, such as a woman fleeing domestic abuse. This has already been found unlawful. In the case of R (on the application of HA) v. Ealing London Borough Council, the full homelessness duty under part 7 of the Housing Act 1996 was owed to a mother and her five children fleeing domestic violence, but she was disqualified from the housing register because she failed to meet the residency requirements. There was an exceptional circumstance clause in the local authority’s allocation scheme, but this was not used. The High Court found that Ealing had acted unlawfully in failing to apply the exceptionality provision, or to even consider applying it.

Despite that case and the Government guidance, there remain clear inconsistencies between local authorities across England. I am sorry; I do not mean to exclude Wales, but I have no idea—I presume there are inconsistencies there.

Domestic Abuse Bill

Peter Gibson Excerpts

Report stage & 3rd reading & Report stage: House of Commons
Monday 6th July 2020 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

I am pleased to follow the hon. Member for Cities of London and Westminster (Nickie Aiken), but I was disappointed that she struck a more partisan tone than other speakers have done today and perhaps did not recognise as fully as she might the contribution to the Bill that has been made by Members on the side of the House. I am glad that it has been acknowledged by others across the Chamber.

I want to speak specifically on new clause 22, on access to public funds for survivors of domestic abuse. People are often surprised to discover that there is a large number of law-abiding, hard-working families in the UK, often with children born here, sometimes with children who are UK nationals, whose immigration status is subject to the no recourse to public funds condition. In the Liaison Committee on 27 May, I asked the Prime Minister about the position of a Pakistani-origin family in my constituency whose two children were both born in the UK. The father had stopped work because of the coronavirus lockdown, and the family were being forced into destitution because they had no recourse to public funds. The Prime Minister’s answer was that a family in that situation

“should have support of one kind or another”,

and I very much agree with that view. Unfortunately, the Government’s current policy does not deliver help to families in that situation. More than 3 million people have claimed universal credit since the beginning of March because their work has ended and they have not been eligible for one or another of the Government’s schemes. That vital safety net provided by universal credit is simply not available for people with no recourse to public funds, and both the Home Affairs and the Work and Pensions Committees have recommended unanimously that the no recourse to public funds restriction should be lifted for the duration of the current crisis. One of the points the Prime Minister made at the Liaison Committee was that he would find out how many people are in that position. Unfortunately, he has not been able to do so, because the Home Office does not know. It appears that the Home Office does not even have an estimate of how many there are. Fortunately, the Children’s Society has reported that there are more than 100,000 children in the UK whose parents have leave to remain but no recourse to public funds.

Where someone is a victim of domestic abuse, having no recourse to public funds is catastrophic. Protections that the House supports for victims are simply not available. The barriers they face are generally insurmountable. Only 5% of refuge vacancies are accessible. The reason is that housing costs in a refuge are largely met through housing benefit. People with no recourse to public funds cannot claim housing benefit. As Women’s Aid points out, the options for a woman with no recourse to public funds and unable to access a refuge space are shocking: it is either homelessness or returning to the perpetrator.

I welcome the fact that a small pilot is under way, but we know what the gap is. Anyone who came to the UK, other than on a spouse visa, cannot benefit from the domestic violence concession. The other people in this category need that help as well, and I urge the House to support new clause 22.

[Peter Gibson (Darlington) (Con)]

It is a pleasure to speak in this debate having sat on the Bill Committee. It was indeed a privilege that my very first Bill Committee was on such a ground-breaking piece of legislation and so ably led by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), who is a dedicated Minister.

I have met numerous victims of domestic abuse, each with a moving personal story of their sadly continuing ordeal. All too often, the abuse continues and, sadly, escalates after a relationship ends. I believe that this Bill addresses that. Although the majority of victims of domestic abuse are women, we know that men are victims, too. I draw upon the family experience of a relative of mine who was attacked by his wife, who attempted to stab him, who attempted to poison him and who inflicted broken bones. She repeatedly harassed him with abusive telephone calls at work. The harassment continued even after a traumatic divorce. Abuse and manipulation of their children continue, too. The scars on my relative and his children are long lasting. It is my belief that this Bill would have curtailed that abuse at a much earlier stage and saved much trauma to the victim and his children and saved many wasted resources. I welcome new clause 15.

Family Help in Darlington was one of the UK’s first women’s refuges. It has been doing amazing work in my constituency since 1976. I thank its staff for all that they do and for the help and understanding that they have given me in respect of this important issue. Although they welcome all that this Bill does, they have asked that I urge Ministers to ensure that funding streams will enable them to plan into the future.

Rydal Academy, a primary school in my constituency, is undertaking fantastic work with its higher than average concentration of children from homes where abuse takes place. The key safeguarding leads at the school are keen to see perpetrator programmes put in place locally, and to end the generational cycle of abuse that is all too familiar. Again, I welcome the provisions in the Bill that will address that.

Domestic abuse is not confined to heterosexual relationships alone, and I welcome the fact that this Bill provides the same protections to those victims who are sadly suffering in same-sex relationships. I echo the plea of my hon. Friend the Member for Heywood and Middleton (Chris Clarkson) on this point.

This Bill has had a long passage, having undergone many stages in this House and in the previous Parliament, but we can be proud of the protections that we are bringing to the statute book, building on the protections listed by my hon. Friend the Member for Cities of London and Westminster (Nickie Aiken). However, this Bill is not the place to make changes to our abortion laws. I will therefore be opposing new clause 28.

[Tracy Brabin (Batley and Spen) (Lab/Co-op)]

It has been a privilege to sit in this debate and hear so many very personal stories not just about constituents, but about family members. It was interesting and moving to listen to the hon. Member for Darlington (Peter Gibson) talk about his family, to remind us that it is not just women who are victims of abuse.

I thank all Members of the House who have pushed the Bill to this point—through Prorogation, covid and lots of other challenges—for all their hard work. I have spoken twice on the Bill, and was honoured to put my name to the new clauses in the name of my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman). Although Labour will not press move those new clauses, we will strongly support Government new clause 20.

I am grateful that the Government have listened to the demands here and in the wider community for major new inclusions, because 60 women in the UK have died, with more being injured, in what men claim is violence that “she asked for”. No one can fail to be moved by the courage of the parents of those who have been brutally murdered by so-called lovers, only for the abuser to use the rough sex excuse to lessen their sentence. Like so many others in the House, I thank the campaign group We Can’t Consent to This for the work that it has done to ensure that justice is served, and support its request that the Crown Prosecution Service and the Director of Public Prosecutions collect and evaluate data on this issue and report back on any use of rough sex claims. The Government say that they will continue to keep the criminal law under review. We must see a clear statement of how that will be done.

I thank my council—Kirklees Council—which has committed an extra £400,000 in this year’s budget to improve local domestic violence support services. Many Members know that we rely on local support to help women and girls at risk of violence, and that that support has faced desperate cuts, including to policing and preventive services, for almost a decade. Hopefully this legislation will go some way to supporting those authorities, because we need support in the community, not just in refuges.

I pay tribute to the personal commitment of the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), for explicitly recognising children as victims of domestic abuse. New clause 15 puts children in the proposed legal definition. This helps to put children at the heart of how our society deals with domestic abuse and is supported by my hon. Friend the Member for Birmingham, Yardley (Jess Phillips). This measure is vital, as there is compelling evidence that shows that children exploited in gangs are more likely to see domestic violence call-outs, which is another reason that we have to eradicate domestic violence when there are children in the family. The impact is felt throughout children’s lives and we must protect them with every tool at our disposal.

Domestic abuse affects children and young people in different ways. A range of interventions must be available so that children can get the right form of specialist help. But it is obvious that we need the money. Between 2010-11 and 2018-19, central Government funding for children and young people’s services fell by £2.2 billion. Women’s Aid Federation of England’s survey on the impact of covid found that 60% of the service providers that responded had needed to reduce or cancel their service provision for children. Crucially, we need local authorities, but they have reported that policy and best practice guidance on domestic abuse are insufficient, and most feel that a statutory duty that is adequately funded to provide services would support them.

Let me finally say to all those young women who have contacted me: we are listening to you. Just because you are not in a domestic situation does not mean to say that you are not being abused. Hopefully, this Bill will be there to help you.