Victims and Prisoners Bill (Ninth sitting)

Sarah Champion Excerpts

Committee stage
Tuesday 4th July 2023 Public Bill Committees

[Anna McMorrin]

There have been calls for some years to remove the MP filter so that victims who want to complain do not have to go through their MP. I met the ombudsman in July last year, and they made it clear how essential it was for the MP filter to be removed, so I am glad the Minister has outlined this proposal and finally conceded the point.

This move has widespread approval both inside and outside Parliament, but it is long overdue. The Government introduced a draft Bill back in December 2016 to remove the MP filter. How many victims could have sought support directly from the ombudsman in the last six years had the Government followed through with that Bill? That is not to mention the fact that the MP filter was intended as a temporary measure to be phased out after five years when first introduced in 1967. Yet here we are in 2023.

I also echo the ombudsman’s further request to allow victims to make a complaint in formats other than in writing. The Government’s response to the Justice Committee was that complainants can nominate someone else, such as a family member, to submit the complaint for them. However, there is a consensus that that does not go far enough in ensuring that everyone has adequate access to this vital public body.

The ombudsman’s consultation response on the Bill outlined the issue using a case in which the complainant stated they found the system difficult to navigate because they could not read or write. There is no guarantee that this individual would be able to nominate someone close to them to handle this incredibly sensitive and very personal issue for them, so I wonder whether the Minister might consider conceding on this point. Finally, it is worth noting that the ombudsman service is not well known among victims of crime, so how will the Government increase its visibility?

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your guidance for, I think, the first time, Mr Hosie. It is not so much that I want to make a speech; it is just that I feel compelled to say thank you to the Minister for moving on this issue.

In the 10 years I have been an MP, I have always felt quite compromised by being another level of the bureaucracy slowing down my constituents in getting through to an ombudsman-type person. That has always felt odd and inappropriate, and it gives false hope and a false understanding that MPs have some involvement in this process. It also took away another tool, but now we can act as lobbyists, as well as having the commissioner in place.

It is good to hear that the individual will have responsibility in terms of the victims code, because we keep asking about accountability and how to make sure the code is applied in an even-handed way geographically. I warmly welcome this change, which is well overdue, and I am glad the Bill is bringing it forwards.

[Maria Eagle]

I also approve of the fact that the MP filter is going, but it has had some advantages. They have, perhaps, paled in comparison with the disadvantages, but I have always found when assisting constituents that the filter makes it possible to ensure that the application is in a fit state. It is not always easy these days to get separate advice—a lot of the advice agencies are not operating in the way they were—and I have frequently seen constituents’ applications that could be better set out and, perhaps, that could make the points that I know about, because I know the case, more persuasively. I think there is an issue about quality in that sense.

I know that the ombudsman is set up to find out what has really gone on and treat the person making the application fairly, but it is constrained by what is written in the application and the documents that have been sent. Many people who want to complain are very involved in their case and do not necessarily put it in the strongest possible manner.

In the past, I have not referred cases to the ombudsman when it has been absolutely clear to me that they will not succeed. In part, that is because, in a way, I am in a better position to explain to my constituent why they will not succeed and to make sure that they do not have false hope. I am clear with them that I am not going to send a case forward to the ombudsman if I absolutely know that it will not succeed, because that will not do them any favours. One can imagine that more cases may come to the ombudsman that are not going to succeed.

[Sarah Champion]

I hear my right hon. Friend’s point about being that first filter, but does she think it is fair that we are put in that position? I understand what she says about cases going forward that might not be appropriate, but I have never felt easy about that being my role.

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[Edward Argar]

I also met Rob Behrens, the ombudsman, and I pay tribute to him and his team for their work. I am pleased by the broad consensus in the Committee. I note what the shadow Minister said; all I will say is that I am bringing this measure forward and that I am grateful for her support.

I am also grateful to the hon. Member for Rotherham for her kind words. It is always a pleasure to do political business with her, if I may put it that way. I sometimes wish that some of what happens in Committee Rooms was rather better publicised. People watch Prime Minister’s questions and think that is everything that happens, whereas in fact there is quite a lot of constructive to and fro in rooms such as this when we are seeking to improve legislation.

As ever, the right hon. Member for Garston and Halewood makes a very important point. When we seek to change or influence something in this place, there is rarely a simple, binary choice between an unadulterated good, without any downsides, and an unadulterated bad, without any upsides. On balance, I believe that we are taking the right approach and that the positives significantly outweigh the negatives, but she is right to highlight the challenges. Not only can a Member of Parliament sometimes help to strengthen an application before it is made, but it can be useful to an MP to see applications so that they know if there is an issue. If there are suddenly two or three about the same organisation and the same issue, that aids Member of Parliament in standing up in the House to challenge a Minister, or to hold an agency to account about what may be a more systemic problem.

That said, I do not think that the approach that we are adopting would preclude someone from seeking advice from a Member of Parliament if they so wished as they prepared their form. Some of my constituents have found the ombudsman service quite helpful, not in prejudging a case but in giving some pretty good advice when they ask, “What do I need to submit with it?” There is also some pretty good advice on the service’s website.

Ultimately, the clause should make it easier for people to complain, but I agree with the right hon. Lady that we need to provide support to ensure that they can make their best complaint, if that makes sense, to the ombudsman, in order to give them the best chance of having it looked at in the best possible light. I will take away the point that she makes, and reflect on whether we can do more as Government, and as parliamentarians, to promote awareness of the PHSO route, and how we might better support people in going through it.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 12

Duty to collaborate in exercise of victim support functions

[Sarah Champion]

I beg to move amendment 89, in clause 12, page 10, line 5, at end insert——

“(1A) For the purposes of this section, the relevant authorities for a police area in England must together conduct a joint strategic needs assessment.

(1B) The Secretary of State must, drawing on assessments prepared under subsection (1A), provide a statement every three years on current support for victims of domestic abuse, including—

(a) volume of current provision,

(b) levels of need, and

(c) investment.”

Amendment 89 requires the relevant authority for a police area in England to conduct a join strategic needs assessment. The amendment is supported by the Domestic Abuse Commissioner Nicole Jacobs, and I thank her and her team for both the evidence that she submitted and her help with the amendment. Part 4 of the Domestic Abuse Act 2021 made great strides by placing a duty to plan and provide accommodation-based support for survivors of domestic abuse, including their children. However, there is no such duty for other essential community-based services, such as counselling, therapeutic support and advocacy, which are vital for survivors to find safety and recover from abuse.

In November last year, the Domestic Abuse Commissioner released the findings from her mapping of domestic abuse services across England and Wales, titled “A Patchwork of Provision”. She found that most victims and survivors wanted some form of community-based support. For example, 83% wanted counselling and therapeutic support, 74% wanted one-to-one support, such as a caseworker, and 65% wanted mental health care. There is a clear need for a range of community-based services, and a duty to collaborate would be a step forward in helping to co-ordinate the response.

However, victims and survivors are diverse, and so are their needs, which all too often are not being met. The Domestic Abuse Commissioner’s report found a huge discrepancy in the provision of services across England and Wales, and an acute lack of funding, particularly among “by and for” services. Fewer than half of survivors were able to access the community-based support that they wanted. Only 35% said that accessing help was easy or straightforward. Over 70% of survivors who wanted support for their children were unable to access it, and only 7% of survivors who wanted their perpetrator to receive support to change their behaviour was able to get it.

Only 23% of survivors who wanted help to stay in work were able to get it, and just 27% who wanted help with money problems or debt received it. The mapping highlighted how effective and critical such services are in supporting victims and survivors of domestic abuse, but over a quarter of domestic abuse services were forced to cease some services altogether due to a lack of funding. Among “by and for” organisations, that rose to 45%. For children, who are recognised as victims in their own right for the first time in the Domestic Abuse Act, the Bill becomes empty legislation unless there is funding to provide services for them, or structures in place to understand their needs and provision.

The duty to collaborate will make some progress in responding to that need. However, I am unsure how a local strategy can have any material and substantial impact without a joint strategic needs assessment, which I will refer to as a JSNA from this point forwards. JSNAs draw from data to create a description of the place and population, taking into account the social, demographic and economic characteristics of the population in that area. They identify risk and protective factors to ensure effective commissioning. They provide the multi-agency partnership with important information to inform local initiatives, including data and typologies of domestic abuse, trends, volume, extent and distribution.

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[Edward Argar]

I am grateful to the hon. Lady for her amendment, which, as she set out, would require relevant authorities for a police area to conduct a joint strategic needs assessment—I may adopt the same shorthand as she did in order to save words—as part of their obligations under the duty to collaborate to inform the strategy for commissioning victim support services. The amendment would also require the Secretary of State to use the assessments to publish a statement every three years on the current support for victims of domestic abuse, using the needs assessments to assess whether provision is in line with need.

The hon. Lady is quite right to highlight the importance of service provision for such victims and survivors. It is something that she has championed, and that with passion and experience the shadow Home Office Minister, the hon. Member for Birmingham, Yardley, has raised on every occasion in this House when she has had the opportunity since we were both elected together in 2015; I pay tribute to her for her work in this space.

It is vital that we have the relevant support services to fit the local needs of victims and that a bespoke approach is taken, rather than a one-size-fits-all approach set at a national level. That is why the funding system for victim support services operates as it does. I sometimes fear that some of the debate around duties to fund specific individual services slightly risks over-constraining individual local commissioners in their ability to meet the needs of their particular communities and to ensure that there is an appropriate blend of services, be they general services, “by and for” services or very specific services, so I sound a slight note of caution there. Of course, when it comes to overall funding—I suspect we may touch on this in subsequent debates—in the Government’s view the spending review, rather than individual legislation, is the right place to set such funding limits.

Grants and funding are supplied to PCCs to allow them to use their knowledge of local need and provision to choose what they fund. As part of the process, relevant local needs assessments that indicate the needs of victims already take place regularly as part of good commissioning practice. The grant funding is provided to commission practical, emotional and therapeutic support services for victims of all types of crime in their local areas. PCCs are expected to carry out needs assessments, which will allow them to target the funding and ascertain the level of need and demand in their area.

[Sarah Champion]

I am listening intently to what the Minister is saying. For clarification, I am not asking for a prescription like, “Five per cent. of support goes to people with dogs.” What I am saying is that authorities need a robust understanding of their demographics so that they are able to justify that they are supporting the needs in their areas. As the Minister has moved on to PCCs, will he comment on whether he believes that system is working? PCCs are individuals—political appointments—and I wonder whether that is leading to some of the subjective delivery we are seeing nationally, which I know he seeks to address.

[Edward Argar]

The hon. Lady makes a couple of points. First, my remarks a moment ago were made in the context of the broader debate that can often happen around the funding of services. To her specific point, I fear I may detain the Committee a little while, but I suspect I will address her points within that context.

Police and crime commissioners are directly elected and therefore accountable to their communities, but there is always—I suspect that, under any Government of any political complexion, there will always be—the perennial debate of how to strike the appropriate balance: local flexibility and tailoring to meet local needs, versus the challenge of how to achieve a degree of consistency and avoid the so-called—this is a dreadful phrase— postcode lottery. That is always going to be a tension within the system. The challenge for us all, whichever side of the House we sit on, is how to strike the appropriate balance between those two approaches: the national and consistent approach, versus a degree of local tailoring, which reflects not only local need but political decision making by police and crime commissioners.

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[Sarah Champion]

As the Minister knows, I am trying to help. Would it not help the Secretary of State and the Government if an agreed baseline of data was collected? A region may push back on it, but it gives the Government a guide to see whether an area is succeeding or failing, and whether they need to be asking questions. For example, we do the same thing with ambulance times—we have that baseline. There will be local variations that can be discussed with the Secretary of State, but the baseline gives the Minister the opportunity to make investigations.

[Edward Argar]

I reassure the hon. Lady that if she allows me to develop my point a little, I will address her specific JSNA point before I conclude.

As the hon. Lady will be aware, we published our victims funding strategy last May. I am pleased that that was published, not least because I set it in train back in 2018 when I was last a Minister in the Department. I am pleased that it has seen sunlight. The strategy provides a framework for how agencies should work together to best resource the victim support sector. Within it, there is a clear expectation that commissioners carry out regular needs assessments, using all the data required to commission appropriate services for victims in their areas, including victims with tailored needs. The duty to collaborate in the Bill, which the hon. Lady touched on, is clear that relevant agencies must work together to ensure that services that meet local needs are commissioned and provided for.

Clause 13(3) requires relevant authorities to have regard to any assessment of the needs of victims that they have already carried out when preparing their joint strategy. We will be issuing statutory guidance to accompany that duty. That will set out clear expectations for how the duty should be carried out, as well as good practice, including around data and consistency of data. The guidance will set out that relevant authorities are expected to explain in their joint commissioning strategy how they have had regard to the relevant needs assessments, and how commissioning decisions meet those needs.

I understand the points made by the hon. Lady, both in her opening remarks and in her interventions. I share her view that support services have to be commissioned in line with, and reflect, genuine need. That is why we have created the duty. To a degree, it reflects the duty created under the Health and Care Act 2022 for integrated care boards and integrated care systems in that context. We should allow local flexibility in the services that are offered but seek to avoid duplication and gaps where multiple agencies commission the same service in some spaces and nothing is commissioned in others. It is a cornerstone of the duty that local needs must be assessed and considered. For those reasons, we do not believe that the amendment is required to clearly state that a joint needs assessment must be considered, but I have a few more remarks to reassure the hon. Lady.

Subsection (1B) of amendment 89 would require the Secretary of State to provide a statement every three years on the current support available for victims of domestic abuse, including the volume of provision, levels of need and investment. The Department receives regular monitoring returns from PCCs and the support services that we commission. The returns include data that indicates how many victims are seeking support, and provide insight into demand and levels of need across England and Wales, which informs national commissioning decisions.

We are committed to improving our understanding of need and the impact of funding at a national level. To do that, we have introduced core metrics and outcomes to be collected from all victim support services that are commissioned through Government funding streams as part of the victims funding strategy. We will also establish an oversight board to monitor them.

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[Edward Argar]

I take the hon. Lady’s point. I am no longer a Health Minister, but I suspect that were I ever to be so lucky as to be reshuffled back into that role, she would gently, or perhaps less gently, lobby me on that point. Of course, there is also the provision of services that are not funded by a statutory body but are voluntarily supported and funded. That is not to say that that is a reason not to fund services statutorily; equally, in regard to understanding the provision locally, it is important to understand all aspects of that provision.

I will turn to the JSNA—

[Sarah Champion]

rose—

[Edward Argar]

How can I say no to the hon. Lady?

[Sarah Champion]

You probably will in an hour or so. [Laughter.] I do not want to push the amendment to a vote, but I would like the clarity that will prevent me from doing so. Is the Minister saying that in the statutory guidance he will require or ask for data not only from the PCCs but from the local authority, the NHS and—one hopes—community services?

[Edward Argar]

I suspect that I have but two or three minutes more, and I hope that in that time I will be able to address adequately the hon. Lady’s concerns. The funding strategy’s oversight board will review collected data returns to establish where there are obvious gaps in current funding, where we may be duplicating funding across Government and where we could improve collaboration at national level to improve services for victims. The duty to collaborate will further improve our—

[Sarah Champion]

Minister, I think you have an hour, not two minutes, so please take your time.

[The Chair]

Order.

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[Edward Argar]

The hon. Lady did not quite succeed in dissuading me from what I was about to say, which is that although I am unable to accept the hon. Member for Rotherham’s JSNA amendment at this time, I will reflect very carefully on its import and what she said, and particularly on the words of the Domestic Abuse Commissioner in the oral evidence we heard, and in the context of the points made by the hon. Members for Birmingham, Yardley and for Rotherham about the challenges in understanding service provision when that is not funded through a national or a public funding stream.

I cannot commit further than that, but I will commit to reflecting very carefully, between Committee stage—as this is a carry-over Bill, we will have a few months—and before it returns to the House on Report, on the points that the hon. Members and the Domestic Abuse Commissioner have made very eloquently.

[Sarah Champion]

I apologise for testing your kind patience, Mr Hosie. While the Minister is in a reflective mood, I hope he will also reflect on the financial and time commitments that might be placed on organisations, and try to ensure that we get the data we need with the lightest of touches. I am grateful for his movement on the issue, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Jess Phillips]

I beg to move amendment 80, in clause 12, page 10, line 16, at end insert—

“(3A) In discharging their duty under this section, relevant authorities must collaborate with specialist women’s community-based domestic abuse and sexual violence support services within the police area, as commissioned under section [Commissioning of specialist women’s community-based domestic abuse and sexual violence support services].”

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[Jess Phillips]

I absolutely agree. In my local area, we have had to shut down waiting lists, and not just because of their length: there have been cases of domestic homicide, where women have been murdered while on a waiting list for services. Those agencies that were not able to provide specialist services then feel the hand of blame coming from the state: because people were dwindling on waiting lists, the agencies get a level of blame for the murder of those women. In the worst possible circumstances, we cannot even operate waiting lists any more. They just shut them.

The care and support that victims and survivors need are specialised and wide-ranging. In new clause 19, we have laid out some of the key services that need to be provided. The mental health impacts of domestic abuse and sexual violence cannot be overestimated, so counselling and other psychological support is central. In Women’s Aid research, almost half of women in refuge reported feeling depressed or having suicidal thoughts as a direct result of the domestic abuse that they experienced. Throughout the journey of the Bill, we have heard the heartbreaking case of Katie, who took her own life following sexual abuse. Katie was a childhood friend of the journalist Charlie Webster, who wrote:

“The thing about the trauma of sexual abuse, it doesn’t just go away. What happened to Katie made her feel worthless like she wasn’t enough, and it impacted her mental health, as is common for all survivors, me including.”

We must ensure that victims can get the help they need.

The organisation Surviving Economic Abuse has done extraordinary work on raising the profile of economic abuse and the devastating, complex impact on domestic abuse victims’ lives. Some 95% of domestic abuse victim-survivors experience economic abuse, and the lack of access to economic resources post separation is the primary reason why women return to an abusive partner. It is crucial that survivors have access to specialist experts who understand economic abuse, as well as advocacy support in relation to welfare benefits and debt and access to financial support to rebuild their lives.

The impact of domestic abuse on children is a shamefully underdeveloped area of policy. Colleagues and I were successful in securing the recognition of children as victims in the Domestic Abuse Act 2021, but what does that actually mean in practice? One in seven children and young people under the age of 18 will have lived with domestic violence at some point in their childhood, but the provision of children’s support services nationally is patchy, piecemeal and precarious. I am one of the nation’s leading experts in this, but if a child in my constituency came to me today and said, “I’m not a direct victim of domestic abuse, but my mum is being beaten up by my dad every day,” I would not know where to send them. I would not know where to refer that child.

[Sarah Champion]

Will the Minister give way? Sorry, I mean the shadow Minister.

[Jess Phillips]

Not long, Sarah!

[Sarah Champion]

I wonder whether my hon. Friend heard the “Woman’s Hour” piece last week. Olivia Colman is a trustee of a theatre group that goes into primary schools specifically to raise issues that are uncomfortable, but also to try to give some support to those hidden children who will be seeing domestic abuse and to try to prevent perpetrators in future.

[Jess Phillips]

Absolutely. That organisation is called Tender; I am also a patron, along with Olivia Colman. Again, that support is only provided through having good headteachers or good local commissioners. There is nothing from this building or nationally that says there must be specialists going into every school, because if in every single school there is a class of 30 kids, and one in seven—my gosh, I am so dizzy that my maths will not work it out, but we will have a huge number of children in every class who suffer this in silence. They need specialist support available to them. We are failing to reach and save children in dire domestic abuse circumstances.

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[Edward Argar]

It is good to see the shadow Minister, the hon. Member for Birmingham, Yardley, in her seat. I hope she is feeling a bit better, although I am pleased that neither her eloquence nor her passion for the subject has been impaired. I am grateful for her amendments to place a duty on relevant local authorities to create specialist women’s community-based domestic abuse and sexual violence support services for victims, in accordance with need. Her new clause 19 would also require the Secretary of State to define in regulations “specialist community based services”, after agreeing that definition in collaboration with the violence against women and girls sector, and to set out in regulations how providers are to be regulated.

Supporting victims of domestic abuse and sexual violence is an absolute priority for the Government. As I said in responding to an earlier group of amendments, I recognise the hon. Lady’s expertise and commitment to the issue. I hope that one thing we can both agree on is the importance of getting the right support for victims of these crimes. She is absolutely right: there is a place for broadly based general support services for victims of crime, but equally I have seen at first hand, both in my current incarnation in this role and previously, the importance of specialist services, particularly “by and for” services and trauma-informed services, if we are to succeed in reaching out to and being able to help victims and survivors of those horrendous crimes and give them the confidence to engage and be supported.

Amendment 80 calls for collaboration with the providers of community-based specialist services for female victims of domestic abuse and sexual abuse. The duty to collaborate set out in clauses 12 and 13 is specifically and purposely placed on the commissioners of services only—that is, police and crime commissioners, local authorities and integrated care boards in England—as it is a duty to collaborate when commissioning services. To expand collaboration beyond commissioners would risk changing the objectives of that duty, which are to encourage more strategic and joined-up commissioning of services, rather than to dictate or fix which types of services the commissioners, who understand the needs of their area best, should focus on and should aim to commission.

I appreciate the hon. Lady’s ambition to ensure that specialist women’s support services are properly considered as part of that commissioning process. As needs will vary locally, the Department provides police and crime commissioners with grant funding to commission practical, emotional and therapeutic support services for victims of all crime types in their local areas. PCCs are expected to carry out needs assessments to inform their local commissioning decisions, as I mentioned in discussing a previous amendment in the name of the hon. Member for Rotherham.

[Sarah Champion]

This point builds on my previous amendment. Budgets are tight and PCCs are trying to get the most support from their limited budgets. Can the Minister point to anything in the Bill that will make sure that the specialist services get a look-in? My hon. Friend the Member for Birmingham, Yardley touched on generic services, which we were seeing a lot. Brexit was meant to eliminate having to go to the lowest bidder, the European regulations and that sort of stuff. My fear is that unless there is something the Minister can point to in the Bill that embeds that need for both demographic and specialist support services, the PCCs will go for the cheapest, most common provider.

[Edward Argar]

I slightly differ from the hon. Lady’s perspective; I do not believe that it is necessary to have that provision in the Bill. There are other mechanisms, be they through statutory guidance or through commissioning guidance and the work that is done together. We have touched on this point before, but the challenge is the extent to which we think mandating—and thereby, to a degree, being prescriptive—is appropriate, versus being permissive, for example by setting out guidance and expectations, but saying that it is for a directly elected and accountable police and crime commissioner to make decisions and be accountable to their electorate and their public for what they are doing and whether they are making the right decisions.

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[Edward Argar]

I will see whether I can get that data. On the hon. Lady’s point about the figure of 19%, she is right to highlight the horrifying prevalence of that crime, which often goes unnoticed because of the nature of reporting and the nature of the crime. Moreover, there are particular groups within the figure and within the cohort of victims, for example minorities. A PCC might take the view that in a locality a particular group might need specific trauma-informed services, which, given their choice of resource allocation, might not have been catered for. That is why we seek at national level to try to address such issues with direct funding grants and with agreements that we reach, for example through the RASAF.

Our role as Government is to set the expected standards for the approach to commissioning of victim support services. At a macro level, we have done that through the victims funding strategy, which clearly sets out the expectation for commissioners to put victims at the centre of commissioning. We wholeheartedly agree that commissioners should consider a range of different services, including specialist women’s community-based domestic abuse and sexual violence support, and that they should choose to commission services that best fit the needs of their population.

Let me turn to the specifics of the amendment. I am in agreement on the importance of commissioners drawing on the expertise of providers of victim support services when preparing and revising their joint strategies. That is why clause 13(2) specifically requires relevant authorities to consult with persons who represent the interests of victims, providers and other expert organisations. We would expect them to consult with providers of specialist services for female victims of domestic abuse and sexual abuse, as well as “by and for” services in the children’s sector, to name but a few more. However, we do not consider it proportionate to list in legislation organisations with which commissioners must consult, which would risk resulting in a hierarchy of services or unintentionally omitting organisations providing valuable and important services.

In addition, we intend the accompanying statutory guidance to set out that local commissioners should consider engaging with a range of providers that reflect the types of service required in their area, such as women-only services, when considering their statutory duty to consult persons appearing to them to provide relevant victim support services and other appropriate persons. Guidance will also support commissioners by recommending standards and processes for that consultation. We are engaging with both providers and local commissioners as we develop that guidance so that we can reflect best practice, and I would be very happy to work with the hon. Member for Birmingham, Yardley to explore how guidance may further support commissioners in fulfilling their obligations to reflect the views of providers, and those who support victims, in their joint-commissioning strategies.

I reassure the hon. Lady that the Government are fully aware that domestic abuse and sexual violence disproportionately impact women and girls. Beyond the Bill, in February 2023 we published a revised strategic policing requirement, which includes violence against women and girls as a national threat for policing to respond to. In 2021, the Government published a new and ambitious cross-Government tackling violence against women and girls strategy to help to ensure that women and girls are safe everywhere. That includes a new full-time national policing lead on violence against women and girls, DCC Maggie Blyth, who I have had the privilege of meeting; I know that the shadow Minister meets her regularly as well. She is now in post and is doing an excellent job in the role.

We have awarded £125 million through the safer streets fund and the safety of women at night fund to make our streets safer for women and girls. We have contributed up to £3.3 million to fund the roll-out of Domestic Abuse Matters training to police forces. That includes funding the development of a new module to improve charge rates. The Government are also taking targeted action against sexual violence, including through the 24/7 rape and sexual abuse support line, which offers free, confidential emotional support for victims and survivors.

I therefore encourage the hon. Member for Birmingham, Yardley—I do not know whether she is persuadable—not to press her amendment to a Division. The duty to collaborate focuses only on commissioning bodies, as they are best placed to meet the objectives of our duty. In the Government’s view, the Bill already includes provision for engagement with providers, such as providers of specialist women’s services for domestic abuse and sexual violence, underpinned by the statutory guidance that will be produced.

New clause 19 would place a duty on relevant local authorities to commission specialist women’s community-based domestic abuse and sexual violence support services for victims in accordance with need. It would also require the Secretary of State to define in regulations “specialist community based services”, after agreeing that definition in collaboration with the violence against women and girls sector, and to set out in regulations how providers will be regulated.

We do not fully share the hon. Lady’s view about the extent to which local authorities should be required to fund particular types of community-based services; again, that goes to the point underpinning my earlier remarks about it being a local decision for which local authorities would be accountable. In our view, it is for local commissioners to determine what services to fund, noting the additional national strand of direct funding alongside that. That determination will be based on their assessments of the needs of their local populations, knowledge of available services and their understanding of those services and their provision. Our concern is that the approach set out in the new clause risks excluding or minimising the importance of some of the other service types that commissioners could consider for victims of domestic abuse and sexual violence. As drafted, the new clause could risk creating a hierarchy.

On overall funding, we believe that the right approach to setting funding levels continues to be through the spending review process, rather than individual pieces of legislation. That allows Government and individual Departments to outline priorities and respond to changing circumstances; allows the Chancellor of the Exchequer to consider a range of funding requests and pressures, recognising the finite amount of taxpayer money available to any Government; and allows those priorities to be considered in the round.

I hasten to add that I am not in any way questioning the importance of these vital services. I have had the privilege of visiting a number of them, both as Under-Secretary of State and in my present role. I have seen at first hand the amazing work that they do. They often go above and beyond the resources that they have available, in their own time and with their own resources, so passionate are those who work in this part of the sector to assist to the best of their ability those who need their help. That is one of the reasons that we have included ringfenced funding in our grants to PCCs for community-based services for victims of domestic abuse and sexual violence.

In allocating money to PCCs, there is always a balance to be struck. Many PCCs, I know, would prefer a greater proportion of their funding to be unringfenced and to be used entirely at their discretion within those broad parameters. We think that we have struck the appropriate balance, with them having a degree of discretion, but with some ringfenced funding to address particular needs.

[Sarah Champion]

I am listening intently to what the Minister is saying. He says that he is concerned that the list of services put forward by my hon. Friend the Member for Birmingham, Yardley has the potential to create a hierarchy of services, but he has only detailed IDVAs and ISVAs further on in the Bill. How does the Minister hold both those thoughts?

[Edward Argar]

I suspect that when we reach that clause, we will debate that exact point. However, to pre-empt what I will say about that clause—I shall say this briefly before you call me to order, Mr Hosie—the reason is that ISVAs and IDVAs have a particular, evolving and developed professionalism that gives them a particular locus within the criminal justice system. It is quite right that we cannot issue guidance to judges, because they are the independent judiciary, but through this approach to ISVAs and IDVAs we can seek to give the judiciary greater confidence in the professionalism of those roles. We thereby hope to see the judiciary being more willing to utilise them in the court process. That is my rationale, but we may debate that point when we come to the relevant clause.

New clause 19 also highlights the importance of legal advice for victims. The Government asked the Law Commission, as part of its work on the use of evidence in sexual offence prosecutions, carefully to review the law, guidance and practice relating to the trial process in prosecutions of sexual offences, an issue in which I know the hon. Member for Birmingham, Yardley takes a close interest. That will include consideration of whether independent legal advice and representation would be beneficial where personal records are sought, or more widely for the trial process.

On setting out how providers are to be regulated, we do not want to take a prescriptive approach in legislation. Local commissioners regularly review the services they commission to ensure high standards of victim services and will set relevant and tailored quality standards in their agreements with local providers. I suspect that a degree of the debate here is around where the line lies between prescription and a permissive approach.

As I have said in response to similar amendments, we have allocated a substantial amount of funding for domestic abuse and sexual violence victims and survivors, demonstrating the Government’s commitment to victims of these crimes. We are making it clear to commissioners and funders that they should consider the value and role of specialist-based support services when assessing local need to inform the distribution of funding, but ultimately local commissioners are best placed to determine how those services should be provided locally. On that basis, I gently encourage the shadow Minister not to press her amendment to a Division.

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[Anna McMorrin]

Absolutely, and that just goes to emphasise the importance of the amendment. The cost to the mental health and wellbeing of victims of fraud is significant. In the year ending December 2022, 3.7 million offences were reported to the crime survey for England and Wales—a huge number, equating to 41% of the total offences experienced in that period. I am sure that the Minister has not had a chance to look yet, but our amendment has received coverage in The Times today, which reports that fewer than one in 3,000 fraud offences committed last year resulted in a prison sentence.

Far too often, The Government have treated fraud as a second-tier type of crime, and if Government Committee members reject that characterisation, I need only quote their own Ministers’ words back to them. In February last year, when he was the Business Secretary, the right hon. Member for Spelthorne (Kwasi Kwarteng) told the BBC that fraud was not the sort of crime that people experience in their daily life. Shortly afterwards, the Government’s counter-fraud Minister, Lord Agnew, resigned that post in protest at the

“combination of arrogance, indolence and ignorance”

that he had observed in the Government’s response to fraud. The Treasury, he said,

“appears to have no knowledge of, or little interest in, the consequences of fraud to our economy or society.”—[Official Report, House of Lords, 24 January 2022; Vol. 818, c. 20-21.]

Bear in mind that that was when the current Prime Minister was in charge at the Treasury.

Is it any surprise, then, that a year after a previous Prime Minister and Home Secretary were chastised by the Office for National Statistics for leaving out fraud when they talked about the overall rates of crime in our country, the current Prime Minister and Home Secretary repeatedly did exactly the same in the House? Minister after Minister has tried to play down or simply ignore the most frequently experienced crime in our country, and I fear that by not having it in the Bill the Government are seeking to do the same. All of us whose constituents have fallen prey to scammers know that it is anything but a victimless crime. I am sure that every Committee member is dealing with constituents who have become victims to fraud. We are talking about thousands upon thousands of lives being ruined in our communities—retired people losing all their savings, and mums and dads losing the money that they had set aside for when their children went to university, or to help them to put a deposit on a house.

According to the Government’s fraud strategy, published in May, 300 people who contacted Action Fraud last year to report their losses were considered by the call handlers to be at risk of suicide. Just last week, we heard that two elderly pensioners lost £27,000 because criminals posing as police officers had persuaded them to withdraw large sums of cash. As my hon. Friend the Member for Rotherham pointed out, last year alone over £1.2 billion was stolen through fraud. It is the most commonly experienced crime in the country, ruining the lives of millions, yet the Government did not see fit to include victims of it in the duty to collaborate. I am sure that the Minister will agree that they would benefit from a multi-agency approach. I am keen to hear his response before deciding whether to push the amendment to a vote.

[Sarah Champion]

The amendment is supported by the Centre for Social Justice, which identified that the duty to collaborate must cover support services for victims of modern slavery. Local authorities, the police and the NHS are all key agencies that come into contact with victims of modern slavery, and have a role to play in supporting them, alongside specialist programmes such as the national referral mechanism. That can range from immediate emergency support and protection to providing longer-term social care support or housing. There is a particular gap for victims before and after their contact with the NRM, and the lack of support often means that they have to choose between being destitute and going back to their exploiter.

Local authorities are the primary agency providing care and support for children, and only some children receive the additional support of independent child trafficking guardians. However, there is often confusion among local authorities about their responsibilities for supporting modern slavery victims. There is also often a lack of co-ordination with specialist support providers under the Home Office modern slavery victim care contract. Victims are passed from pillar to post, unable to access the support they need.

Police often find modern slavery victims out of hours, when access to other services is limited. Clear, joined-up strategies for supporting victims of modern slavery would help prevent those victims being placed in unsuitable and unsafe accommodation after being identified by the police—that is, of course, if the police identify them as a victim of modern slavery. A lack of clear and joined-up referral pathways can mean that victims of criminal exploitation, especially young people exploited in county lines drug dealing, find themselves arrested, rather than safeguarded and therefore given support.

The gaps in support provision particularly impact British victims of modern slavery. In 2022, the highest number of British “possible victims” were identified since the NRM began. One in five NRM referrals in 2022 was for a British child. It is essential that we get the support for that group of victims right. Research suggests that many British victims in particular are not accessing specialist support available under the NRM, either because they are not identified as victims of modern slavery as they or the professionals have misunderstood their entitlement to support, or because they choose not to be referred. That leaves them without access to specialist support, and their particular needs may not be recognised by mainstream providers.

The definition of victims in clause 12 lacks clarity in respect of modern slavery victims. Some modern slavery victims are victims of other offences listed in clause 12(4), such as sexual offences or serious violence. However, modern slavery can also result from threats, deception, and financial control and coercion, which may not meet the threshold of serious violence. The particular needs and experiences of modern slavery victims need to be considered in strategies, assessments and the exercise of support functions. That is best accomplished by listing those victims in the duty to collaborate.

Explicitly including modern slavery victims in the duty to collaborate would address local authorities’ confusion and lack of awareness of their responsibilities to support victims of modern slavery. It would strengthen the implementation of the modern slavery statutory guidance. It would lead to stronger local co-ordination by the police, the NHS and councils when it comes to identifying support needs, providing support and monitoring the recovery of modern slavery victims. It would also help ensure that British victims who do not enter the NRM receive appropriate support that recognises and responds to their needs and experience of exploitation.

We cannot let more vulnerable people slip through the gaps in local service provision. A joined-up approach to tackling modern slavery is needed, and I truly believe that amendment 82 will facilitate that.

[Maria Eagle]

I rise to support all the amendments, but I will briefly say something about amendment 19. We have all come across extremely distressing cases of fraud in our constituency. In 2012—10 years ago—2,629 people were jailed for fraud, but last year the figure was 1,177. However, the number of offences rose from 441,000 in 2012 to 3.7 million last year.

There has been an absolute explosion in that type of offence, and there are consequently many more victims, who often lose their life savings and their future security. Almost nothing is done for them. They are simply left to feel as though they have been duped and are stupid, and nobody seeks to help them. Normally, they do not even get any kind of response from Action Fraud, which is like a black hole; once a report is made to Action Fraud, the person who made it never hears from Action Fraud again. It is hard enough for a Member of Parliament to get a letter out of Action Fraud about a particular case.

Given the explosion in the number of fraud cases, it is surely important for the Government to take this issue seriously, and to recognise that the people involved are victims, who need support, just as any other victims do. I hope that the Minister, when he replies, will give an assurance that much more will be done to recognise that victims of fraud need the support that this Bill seeks to give to victims.

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[Sarah Champion]

I hear what the Minister is saying. I also heard the word “should” rather than “must”. Will the Minister clarify that in the guidance, there will be an explanation of how modern slavery presents? A lot of modern slavery—I am thinking particularly about prostituted women—involves coercion and intimidation. Those people will probably not present themselves as victims in the usual sense; they will probably argue about that. There needs to be a bit more understanding, rather than us just saying “modern slavery”.

[Edward Argar]

I will try to answer quickly, before we get cut off by the end of the sitting. I take the hon. Lady’s point. Recently I attended a Select Committee sitting in which we looked at so-called honour-based violence and abuse. One of the key points that came out of that was that a multiplicity of offences constituted so-called honour-based abuse, and the same is true of modern slavery. It is important that we reflect those multiple indicators in the guidance.

The definition of serious violence in the duty mirrors the approach taken to the serious violence duty derived from the Police, Crime, Sentencing and Courts Act 2022; that provision does not list specific offences, but instead defines serious violence based on the impact on the victim, and the maximum penalty for the crime committed. A more prescriptive approach of specifying types of serious violent crime would risk excluding offences that commissioners may want to consider, and would not allow for the necessary flexibility.

More widely, the Government are committed to supporting victims of modern slavery and ensuring that they get the support that they need. For example, children’s services work in close co-operation with the police and other statutory agencies to offer potentially trafficked children the protection and support that they require as part of the local needs assessment. “Working together to safeguard children 2018” sets out the system of multi-agency safeguarding arrangements established by the Children and Social Work Act 2017.

The Government have rolled out independent child trafficking guardians to two thirds of local authorities in England and Wales. Those roles are delivered by Barnardo’s until March 2024. They provide additional advocacy and support to child victims of modern slavery. Adult victims of modern slavery in England and Wales can access support through the national referral mechanism, under the Government-funded modern slavery victim care contract.

Every year, we support thousands of adult victims, so that they can begin rebuilding their life, engage with the criminal justice system and transition back into the community following their traumatic experiences. The current contract is delivered by the Salvation Army. I would be more than happy to work with hon. Members going forward, as we monitor the success of these initiatives in helping victims of modern slavery.