Historical Allegations of Sexual Abuse

Rachel Maclean Excerpts

Wednesday 5th January 2022 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Rachel Maclean)]

May I take this opportunity to wish a happy new year to you and all the team, Mr Betts, and to the right hon. Member for East Ham (Stephen Timms) and the hon. Member for Strangford (Jim Shannon)? It is a huge pleasure to serve under your chairmanship.

I am grateful to the right hon. Gentleman for sharing the vital, harrowing and heartfelt account of his constituent, which we cannot listen to without feeling extremely distressed. It is clear from that account, which he set out incredibly powerfully, as he always does, that Sharifa has seen the worst of a system that is supposed to deliver justice and support. I pay tribute to her tremendous resilience and courage. It cannot be easy for her to speak about these issues, especially given the trauma she has suffered. I hope to address the points that the right hon. Gentleman has raised. We will be happy to meet him at the end of the debate to go through the specific details of the case, because there are some facts that we do not have yet. Other ministerial colleagues may be interested in this, and I am happy to act as a point of contact and to do whatever I can to help him.

The right hon. Gentleman raises a key point about the contact that Sharifa had with the sexual assault referral centre. These centres are commissioned by the Department of Health and Social Care through NHS England and NHS Improvement and are designed, as he said, to provide an integrated response to sexual violence and rape, and are available to all victims and survivors of violence and abuse, irrespective of age, gender or when the assault and abuse occurred. There is a lot of positive work to talk about, including the increase in investment into these centres every year since 2015, but it is clear that the services could have worked much better in this instance. There is always more for us to do to improve on that.

The right hon. Gentleman asks about practical and financial support for victims, which is of course at the heart of the Government’s violence against women and girls strategy. In February last year, we launched the #ItStillMatters campaign to help victims and survivors of sexual violence understand their rights and to raise awareness of the support services available to them. Support is available from ISVAs, or independent sexual violence advocates—specially trained advisers to help people who have experienced sexual violence. We are further bolstering support, including by developing a new 24/7 support service for victims of sexual violence, regardless of when and where the abuse took place.

The right hon. Gentleman mentions the Victims’ Commissioner. We introduced a revised victims code that came into effect in April 2021 and sets out the way that victims should be treated and supported by criminal justice agencies. I recognise that he talks about an historical case, but he raises wider issues, so the code is relevant here. Where the police decide not to prosecute a suspect, victims have a right under the code to ask for a review under the National Police Chiefs Council’s “Victims’ right to review” scheme, subject to certain conditions being met. The scheme allows a period of three months for a victim to request a review of a police decision not to prosecute a suspect. Requests made after this period should be dealt with at the force’s discretion. The police may also consider requests made on the victim’s behalf from, for example, a solicitor or MP.

As we all know, the police are operationally independent of Ministers, and the Government are not able to instruct the police to take a specific course of action, but I am clear that I expect them to investigate where there is a case to do so. Moreover, I would expect any complaints made in relation to the handling of a case to be investigated fairly and diligently by the force. As I understand it, the right hon. Gentleman has already been in contact with the police in connection with this case, so the next step is definitely for me or a ministerial colleague to meet him to see what further steps remain.

We are looking to improve the justice system as a whole. Through the Government’s upcoming victims Bill, we will ensure that victims are at the heart of the criminal justice system. The recently published consultation is the first step towards a victims law to deliver the vital improvements needed. We have taken a number of other really important actions in this space. I highlight the Government’s work on the end-to-end rape review, during which we took a hard and honest look at how the entire criminal justice system deals with rape. In too many instances, it simply has not been good enough. We will not rest until we have delivered real improvements.

The right hon. Gentleman asked about the timing for the VAWG national communications campaign, which is a central part of our tackling violence against women and girls strategy. It was a key commitment that we would launch a comms campaign this financial year that targets and challenges the perpetrators of these awful crimes, and ensures that victims can recognise abuse and receive support. It is vital that the public do not think that there is any way that they can get away with these unacceptable behaviours and crimes. I reassure him that a considerable amount of work is going on with stakeholders. I am leading on that work and have had numerous meetings with the women’s sector, academics and victims’ services.

We want to ensure that we get the campaign right. Clearly, designing any Government-led campaign is complex. We need to ensure that the messages, when we promote them, are received and are likely to lead to the kind of behaviour change that we want, because we are spending public money on it and we want to ensure that we get it right. We have a collaborative process under way, which we are very confident will help to deliver an effective campaign that provides value for money and delivers lasting change. I am confident that the right hon. Gentleman will see some tangible results very soon. Please be reassured that I am pushing the team in the Home Office to crack on with that work because, as he says, it is vital.

The right hon. Gentleman also asked about time limits for bringing claims. In England and Wales there is a statutory time limit of three years for bringing a personal injury claim, although section 33 of the Limitation Act 1980 makes express provision for the court to exercise discretion in granting extensions to that. Such discretion is regularly applied in historical sexual abuse claims, and judges have guidance on what should be taken into consideration, including guidance specific to child sexual abuse cases. The right hon. Gentleman will no doubt be aware of the independent inquiry into child sexual abuse that is under way. In our strategy, we have said that we will consider further reform in the light of the inquiry’s recommendations, which we have not yet received.

The right hon. Gentleman highlights the Scottish legislation, which offers one possible model that we will consider as part of the process. He may wish to know that there have been some claims. In 2020, three claims over 20 years beyond the three-year statutory time limit were allowed by the judge to proceed to trial following a section 33 exemption application, although I appreciate that his constituent has not had that experience. Undoubtedly, there is a frustration in her case.

I put on the record again my sincere thanks to the right hon. Gentleman for advocating on behalf of his constituent. I wish her all the best. He said that she is a determined woman, so I pay tribute to her ongoing fight to receive justice; it is vital that she does so. She has shown such bravery in telling her story and sharing her terrible experience. Although I obviously cannot provide him with an immediate resolution, I hope that I can reassure him that we are taking the issue seriously. We are taking all the steps that we can to ensure that victims receive access to justice. I ask him to write to me with full details of the case, and I or a ministerial colleague will meet with him. Some of the issues are led by different Departments—some sit with the Ministry of Justice; some even sit with Health—but we will assess that, and we will definitely meet her and him, to ensure that we have explored all possible avenues.

Question put and agreed to.