Fatal Domestic Violence

Robert Buckland Excerpts

Wednesday 5th March 2014 Westminster Hall

[Mr Robert Buckland (South Swindon) (Con)]

It is a pleasure to secure a debate on this sensitive and important issue. I am grateful that the Minister is in is place to hear the case for peer support and advocacy services for the families of domestic homicide victims.

Our understanding of the full effects of domestic homicide is still emerging, but I will give my perspective. I was a criminal barrister for many years, and I dealt with homicide, murder and manslaughter cases. I thought that I had a deeper understanding than most people of the effects on the families of victims, but I realised after discussions with expert advocate services that the family’s journey does not end at the door of the court when the verdict is passed and the sentence is handed down. Often, that is only the first stage of a long, arduous process through which families have to go.

A domestic homicide, whether it is murder, manslaughter or another form of death, profoundly changes a family’s life in an instant. For example, the surviving children may have witnessed abuse or the killing, or they may have lost a sibling. They may have lost both parents if the perpetrator parent either committed suicide or is held securely. The family property immediately becomes a crime scene, the criminal justice system must be navigated and the health and financial costs of that need to be challenged. Information that is vital to the family may have to be held back so they are not compromised as witnesses. At the same time, they must deal with the grief that results from the loss of their loved ones and the private personal details of their lives will be made public. It is a self-evident truth that the aftermath of such a death is traumatic. It raises issues that nobody the family knows has ever had to deal with before, and thrusts the family into contact with agencies with which they never thought they would have to engage. In an instant, they are in a strange, troubling new world.

Specialist advocacy and support is desperately needed for those families. There is a real concern that the Government’s well-intentioned proposal to give a grant to one prime service provider while withdrawing direct grants to smaller specialist and expert providers will reduce the number of families who are provided with specialist expert and independent support after domestic homicide. The Government recognise that that sort of support helps families to cope with and recover from the trauma.

The organisation Advocacy After Fatal Domestic Abuse is directed by somebody whom I regard as a friend, Frank Mullane. It is an award-winning service that is funded from a number of sources, and for a number of years it has received welcome and helpful contributions from the Government. It provides specialist services to some categories of families—in particular, families who were bereaved before April 2010, for whom Victim Support’s homicide service currently has no responsibility and for whom the homicide service provider will not have responsibility from October 2014, and families whose tragedy attracts a section 9 domestic homicide review. The Government brought that important provision into force, and I warmly welcome their decision. However, a number of organisations already refer families to AAFDA for domestic homicide reviews, and Victim Support’s homicide service signposts families to the organisation. The word “signpost” is important, because Victim Support uses the word “refer” only for organisations that it directly commissions using its budget. AAFDA has an excellent relationship with Victim Support’s homicide service, and the two organisations collaborate effectively on behalf of many families.

Victim Support’s homicide service signposts families to AAFDA for help not only with that issue, but also with inquests, serious case reviews, mental health inquiries and other matters. Families also directly approach the organisation, and it has an input into Independent Police Complaints Commission inquiries. It does a range of work, and engages with local employers, service providers and other agencies to provide a full package of support.

[Andrew George (St Ives) (LD)]

My hon. Friend is making an excellent case. I entirely agree about the excellent work of Frank Mullane. As my hon. Friend is aware, the police must appoint a family liaison officer to support the families of victims on every occasion. However, a problem that has not been resolved is that in murder and killing cases, the perpetrator, until convicted, is treated as the next of kin of the deceased and the children.

[Mr Buckland]

That is right, and that relationship often leads to manipulation after the event. The intercession, the support and the advocacy service are vital if we are to prevent families from reliving the trauma, as has happened in many sad examples.

The Minister will be aware of the report that was completed in July 2011 by the former Commissioner for Victims and Witnesses, Louise Casey. It was the largest survey of bereaved families ever undertaken; more than 400 families revealed the toll of bereavement. Louise Casey concluded that the devastating effects of homicide manifested in many ways. She rightly concluded:

“these effects persist for many years.”

That is why I said that the criminal trial is often only the beginning of the journey for the family.

Louise Casey identified the enduring needs of families after homicide, and she provided several important conclusions. First, many families who were bereaved before April 2010 still need the support of specialist agencies after October 2014. There is a concern that the funding for the homicide services for those families has not been dealt with adequately. Secondly, many families who were bereaved after April 2010 still require ongoing support. They already seek out AAFDA and other small specialist organisations during the time that the current national homicide service provider is engaged and afterwards.

From 1 October, the prime service provider will have to have an exit strategy with families, or its capacity will eventually be insufficient because of the numbers that will come to the service. For many families, the journey through the criminal justice system alone may take several years. For example, some domestic homicide reviews are necessarily suspended until the end of the criminal trial, and some inquests may not take place until several years after the tragedy. I know of an example of a family who are about to face an inquest that will last for several weeks, two and a half years after the homicides.

A further problem arises because families’ emotional and practical needs often do not emerge until years have passed since the homicide. It is then that the smaller specialist organisations such as AAFDA will be approached to help those families cope and recover. In reality, and as history shows, many families need help to cope and recover after the homicide service has exited the process. That is no reflection on the services provided by the homicide service, but it is simply a fact of life that the amount of time that people need to cope and recover often will not match the resources that are available. There is a concern that those families will not get the support that they need.

Although the Government’s aim is that from October this year, the prime homicide services provider will commission other services that families need, there is a worry that the expertise of small organisations such as AAFDA may be overlooked, and if it is not overlooked, that the funding available will be insufficient to make the service sustainable. That will result in fewer families getting the support that they need.

I cannot overemphasise the expertise and skill of AAFDA. It is a registered charity that was formed in 2008 and which has strong connections with Swindon, where my constituency is. It has become expert on domestic homicide, domestic violence and supporting families after these horrors, including support through the criminal justice system. It has been recognised by both the previous Government and this one as a leader in its field.

AAFDA has three specialist caseworkers, two of whom lost family members to homicide, and the other who has 30 years’ operational and strategic experience in the domestic violence sector. In addition, it has a volunteer criminologist and a volunteer barrister who give significant pro bono help. One of AAFDA’s caseworkers is considered to be a national expert on stalking, and the other two caseworkers, including the director, Frank Mullane, are Home Office accredited chairs of section 9 domestic homicide reviews. AAFDA is, of course, a member of the Home Office panel that quality assures those reviews.

Frank is rightly credited with being the driving force behind domestic homicide reviews becoming law in England and Wales and helped draft some parts of the statutory guidance. He has a now-growing academic expertise, being a visiting lecturer and assessor at the university of Gloucestershire, and he works closely with universities both at home and abroad. He is continually learning about developments in the sector. Having attended, for the past four years, the annual conference of AAFDA, held in Swindon, I too, have learnt a lot about this area. I have met some of the families being helped by the organisation and I have listened to speakers from as far afield as Sweden, Ireland and indeed, from many parts of England. AAFDA is also a member of key national forums, advising the College of Policing, the Association of Chief Police Officers, the Crown Prosecution Service and those of us—me included—who are looking to develop legislation on domestic abuse.

In the brief time I have left, I want to give some case examples of the importance of the ability of the organisation to stand in the shoes of those who have been victims of domestic homicide. The fact that we are dealing with immeasurable grief almost goes without saying, but let me give an example of one family. A woman—a mother and sister—was killed by her husband. The family had to summon up the strength to clean the bloodstains from the house where the victim was killed—just imagine that for a moment. As one family member said to the media,

“it's like being told—it's not your mess, but you clean it up.”

That is a graphic, I accept, but important illustration of the ordeal that people have to go through, not only in losing somebody, but in physically dealing with the aftermath of a homicide.

That family are being helped and have been helped for more than three years. They have been given expert advice and guidance on which organisations they needed to go to to get the information that they needed, otherwise they would have been in isolation. That family have channelled their resilience into providing well thought through and skilful challenges to the various bodies in the system, and it is an important example of what can be achieved to the benefit of those who have suffered.

Another example is where uninformed advice had been given to a family about a domestic homicide review, and because of that uninformed advice, they had declined to participate. As a result of signposting to AAFDA, they were given proper, expert advice. The process was explained and the family changed their mind. They participated in the review, and the review itself has benefited hugely from the involvement of the family. It has given them an opportunity to participate and to explain from their point of view the challenges that the system posed to them.

It is all about identifying and achieving the objectives of the family while managing their expectations, because for many families, finding out the facts of the case and what happened can be a huge difficulty, for some of the reasons I outlined earlier. Helping families to acquire that information may serve at least two purposes. First, as the Prime Minister acknowledged when he gave evidence to the Liaison Committee in 2013 about the awful case of Jacintha Saldanha—the Bristol nurse who took her own life after the very sad hoax call from broadcasters in Australia—the family absolutely need the truth. They need the facts.

Secondly, and this is important, significant public resources may later be avoided as a result of the resumption of inquiries that have been justifiably sought by the families because the initial inquiry had been wholly inadequate. Many of these families cannot afford solicitors, but they need—this is undeniable—help from those who have considerable experience of the system. As I have said, the work that AAFDA does with regard to inquests is very significant. It is an advocacy service that helps a family to understand the process and how they can participate and prepare for the ordeal itself.

I have given a few family examples, but I want to give one further example of a family who talked with passion about the action plan that was set out by AAFDA. That action plan gave that family a sense of where to go and what to do and allowed them to move forward. AAFDA helped to make sense of the process to the family in a way that just was not happening for them without its input.

As I have said, AAFDA is influencing the practice of domestic homicide reviews to include family and friends. It first influenced the Government to ensure that that was stated clearly in the statutory guidance, and its caseworkers continue to advocate strongly on behalf of families, so that reviewers understand that the family is to be given space and to be integral to the reviews, rather than lip service just being given to their involvement. Without families being able to influence the reviews, frankly, they become meaningless. They become talking shops and they become ineffective.

As I said, there are concerns about the way in which funding will be configured from October this year. Although AAFDA is already working with police and crime commissioners such as Angus Macpherson in Wiltshire, there is a difficulty for them directly to fund the work because the incidence of domestic homicide in many police areas will be low. Therefore, the nature of that specialist work will, by dint of its relative rarity, have to be in a national framework. That is why, we understand, the funding is being administered centrally. I would be grateful if my right hon. Friend the Minister could not only acknowledge the value of the work by organisations such as AAFDA, but look carefully again at the funding mechanism to make sure that this invaluable service and others like it are not lost to those families in real need.