Domestic Abuse Bill (First sitting)

Sarah Newton Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 29th October 2019 Public Bill Committees

[Carolyn Harris]

That is perfect.

Nicole Jacobs: I am sure we all recognise the gendered nature of domestic abuse.

[Sarah Newton (Truro and Falmouth) (Con)]

Q It is a pleasure to see you here today, as it was to see you in the Gallery. I thought it was terrific that you sat through the whole debate.

Nicole Jacobs: I thought you were all terrific.

[Sarah Newton]

You made a compelling description in your opening remarks about the landscape of community services and specialist services commissioned by the NHS, local authorities, children’s services, and police and crime commissioners. I am delighted that you have picked mapping this provision of services as a key priority. Are you also looking at prevention services? We know that, unfortunately, if children grow up in a home where they witness domestic abuse and violence, they are far more likely to become perpetrators or victims. Given the scale of the challenge—we have heard your reflections on time—will the budget of £1 million be enough to undertake such a mammoth mapping exercise? What role does sharing best practice have and how would you undertake that partnership working, given the range of agencies involved in providing services?

Nicole Jacobs: I will take on prevention first. You are exactly right, and we will all differ in our views of what we would undertake if we were preventing domestic abuse. Some of us would be interested in a public health campaign. Some would be interested in work within schools. Some might say that we need to do a lot to intervene early, so that we are educating all manner of frontline services about how they can prevent this. With any issue as complex as domestic abuse, it must be all three, and we must do all that.

Although I endorse the idea of a public campaign, I am aware that we would have to have the services and the breadth of development and understanding to underpin that. If we raise the expectations of the public—if we want them to understand that we are there and they can reach out for help—we need to have the help in place. I can see a role in helping to shape some of those prevention activities, but that responsibility rightfully sits within Government. My office, for example, cannot run a prevention campaign, but I really endorse the idea of helping to support the Government to do that.

In respect of my budget, I understand the scope of the staff team I can hire. I understand that I can have roughly 13 staff members with that budget. I can anticipate what I think they could do in terms of analysis, stakeholder engagement and policy work. As the Committee hears further evidence, I encourage you to be mindful of the fact that there are a lot of ideas and discussions about what else my office might do. Please be mindful of the fact that if there are any additional responsibilities, they will need to come with additional resource.

I am a bit concerned about being able to do the breadth of that mapping. I would have to depend on Departments sharing with me the information that they already have, and charities in our sector doing the same. I do not intend to start from scratch. I know there has been a lot of work, and I would like to have access to that information and make sense of it, and to use it as part of the mapping. There are some efficiencies in that way.

In terms of my background and the breadth of what gets mapped, which was the last part of your question, the organisation I have just come from is about promoting a co-ordinated community response. We have specialist courts, and we had health-related and housing-related work. I feel that I would have a level of precision in terms of knowing what I would be looking for. You are right to say it is a huge endeavour, but there are definitely areas of work where we know what the practice ought to be. We do not have to worry about figuring that out; we just need to know who is doing it and who is not, and why not. With the breadth of that, there is a bit of expertise that I can bring that will help to make that a little more precise and efficient.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Q Welcome, and congratulations on your role. I want to ask you whether the fact that the advertised role was part time was one of the reasons you applied for it. I asked the Minister about this in the House of Commons yesterday, and she said that she had had advice from recruitment consultants that we would get a better breadth of applicants if we had a part-time post. Is that why you applied?

Nicole Jacobs: To be perfectly honest, I applied because of the job description. I was very motivated by the job description. In fact, I looked at that more than I looked at the part-time nature of the role. I would have questioned it a bit, but then thought, “Well, there’ll be lots of full-time staff on my team.” I was very relieved in my initial conversations that it was likely, if I wanted to spend more time—

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[Vernon Coaker]

Q Is there anything more that we could do? We have the inspectorate later and could try to influence what they inspect, I guess. What you said is absolutely right and exactly what one would expect you to do, but we still know that there will be individual forces where this will not happen in the way that you or any of us would want. How do you drive that change?

Louisa Rolfe: HMICFRS has included domestic abuse in its PEEL inspections—police effectiveness, efficiency and legitimacy—and it has been a significant part of that. You will hear from Zoe Billingham, the lead HMI, later. We talk quite regularly. If she finds significant variation in forces, she will often flag it with me so that I can work with local leaders to address that. The biggest challenge is how we embed a more public health approach. I hear from charities that their concerns are less about policing and more about how we ensure that all agencies can work together and prioritise this effectively.

[Sarah Newton]

Q I would like to start by saying to my colleague, the hon. Member for Swansea East how brave she was to share her experience. It reminds us all that every part of the country and every sort of woman is very much affected and how important this work is, so I am grateful to Carolyn. Talking about the Welsh valleys and traditional cultures resonates with me as I represent Cornwall. The point about older women being reluctant to come forward is very much borne out in the evidence.

I thank the deputy chief constable for being with and answering the questions so well. In the new definition in the Bill, we will extend domestic abuse to other family members—grown-up adults and older people—and the abuse that they commit, which is really important. You have described a long process of domestic abuse training—IRIS training, partnership working—to get the frontline police officers sufficiently trained to be able to recognise domestic abuse. This is another huge challenge you are now going to face in extending that definition and the training, so that people are looking out for a different group of victims and perpetrators. How will you go about doing that?

Louisa Rolfe: Thankfully, much of the training we have invested in and the work on domestic abuse risk assessment will apply, because it identifies coercive controlling behaviour, which is often prevalent in those relationships where there are adult children and an elderly parent. I do not worry that we will struggle.

The police service has been working for many years to better understand and address vulnerability, and that is why we had such a dramatic increase in the reporting and recording of domestic abuse. In reality, many of those incidents are already recognised and reported. The challenge is often in the provision of adequate support services, to ensure that victims feel confident that they can take that leap and pursue a prosecution.

There are some great domestic abuse perpetrator programmes out there, such as the Drive Project, which focuses on addressing behavioural change. The evaluation of that programme has shown that it reduces abuse by 30%, which is hugely impressive. However, the reality is that the College of Policing recently looked at the provision of perpetrator programmes and found that only 1% of perpetrators participate in them. I do not think that that is because of the reluctance of perpetrators; it is about the lack of availability.

We found in the significant increase in the reporting of domestic abuse that many incidents might not meet the threshold for prosecution. In the absence of perpetrator programmes to address the behaviour, we are in a difficult position. We must do something, so we focus on safeguarding victims, but we really want to work with other agencies to ensure that there is also a solution to address that behaviour.

[Diana Johnson]

Q I just wanted to ask you a very straightforward question about the definition of domestic abuse and clause 1(2)(a), which gives an age for when domestic abuse will be investigated. What is your view, as a police officer, of having the cut-off at 16? The Joint Committee heard evidence about abusive relationships that were happening below 16, and young people were querying why 16 would be the time that it would be treated as domestic abuse. As I understand it, below that it is treated as child abuse. From a police perspective, what is your take on that?

Louisa Rolfe: In reality, often our specialist officers who investigate child abuse or domestic abuse work within public protection investigation teams in forces. For many years, our approach to child abuse investigation has been more advanced than towards domestic abuse, so there has been some catching up to do. While it is something that causes a little bit of consternation, the reality is that, in terms of the service provided to victims under 16, we would identify an abusive relationship. There is probably something about the justice system approach as well. If you have an older perpetrator, you might get an improved justice sanction if you address it as child abuse, as opposed to domestic abuse. The reality is that we would not be blinkered and say, “It is this, not that.” We would look to understand the dynamics of the relationship.

Some of that might be down to the vagaries of our justice system. The coercion and control legislation was so groundbreaking for us because it was the first time we had an opportunity to move away from focusing on single incidents of abuse, which often meant that much of the dynamic of what was going on was lost in the presentation of evidence and so we lost the opportunity to present to the court the totality of abuse and the impact on the victim and their life. At the moment, the reality is that we would provide an equitable—if not an improved—response to someone under the age of 16. The definition, in that regard, does not affect the support that victims might receive from the police service.

Domestic Abuse Bill (Second sitting)

Sarah Newton Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 29th October 2019 Public Bill Committees

[Vernon Coaker]

That is very helpful.

[Sarah Newton (Truro and Falmouth) (Con)]

Q Clearly, from the numbers that you are giving us, there has been a huge increase in the trust in police for the victims to come forward and report. The work that you have been doing with police forces is clearly moving in the right direction, so thank you.

The Bill seeks to simplify procedures for police officers, which hopefully will result in higher levels of prosecution. It also gives new powers or responsibilities to police officers, particularly for two groups of people: children and family members. We increasingly understand that when children in households are under exposure to domestic abuse and violence, it will make them more likely to be either a perpetrator or a victim. From your inspections of the constabulary, what steps are you seeing them take to identify those children and refer them?

The other type of domestic abuse now caught in the Bill, which I think is brilliant, is adult family members abusing elderly members or people with disabilities in their families. Again, that is a new area for the police to be tackling. Bearing in mind what you said about resource constraints, what evidence have you seen of the police tackling those particular issues?

Zoe Billingham: I can help particularly on the children front because we do a lot of inspection, including with other inspectorates, on the police response and other agencies’ response to children. Since 2014, we have seen a far greater awareness, particularly among those initially attending officers on the scene, of the importance of considering the impact of the domestic incident on the child.

When we first started inspecting, I was new to the area, but I was pretty horrified that police officers would often go into households with children who were themselves victims of the particular incident, even though they may have been in another room. The police officers were not even speaking to the children and checking that they were okay. We have seen a big shift now in the police’s understanding of the importance of safeguarding children and referring them into local authorities as appropriate, so that the appropriate safeguarding conferences can then take place.

We have seen an increase in the workload, which is why forces have invested in protecting vulnerable people areas and departments, which includes children. We continue to encourage that as an inspectorate so that children are put at the heart of this. We also see the prevalence of schemes such as Operation Encompass—an incredibly simple scheme where, if police attend a domestic abuse incident overnight, an arrangement with all the local schools means that a single person in the relevant school is notified that the child has had the most traumatic experience. The teacher can take steps—perhaps seemingly very small ones—to care for that child during the course of the following day, and subsequently. Some of these things are very easily done. They take a bit of arrangement to put in place, but they are not that costly. They do require a will and leadership.

I am not as able to help on elder abuse specifically, but would be happy to write to you if there are any specifics that I can think of that would help on that.

[Sarah Newton]

The fact that you need to do that shows that that is an area of work, once the Bill goes through: police forces have to consider that as domestic abuse and violence. That is a whole new area for the police to be trained on and for you to inspect, ensuring that the new requirements are understood and the services are there to support victims. Clearly, there is some work to do there.

[Carolyn Harris (Swansea East) (Lab)]

Q I wanted to talk about Operation Encompass; you raised it before I had an opportunity to ask. It is a wonderful scheme. I would like to see it rolled out across the UK as, I hope, a compulsory thing, so that all schools know what goes on.

You will be aware, as I am, that women’s prisons are full of women who have experienced domestic violence. When these women are convicted of criminal offences, it is very often through coercive control and behaviour. Are police forces aware of that and are resources stopping them from identifying that these women are victims of trauma?

Zoe Billingham: To reinforce what you say about women in prisons, perhaps the most profound thing I have experienced in the five or six years I have been doing this work is visiting a women’s prison and speaking to prisoners, all of whom have been victims of domestic abuse. They all gave an account in a very small focus group of the failure of the police to understand the circumstances that had, they said, driven them to activity that resulted in their being in prison. I would certainly like to look at that in greater detail in the future. It is certainly something that I know more forces are thinking about: how they can ensure, through training, that the home circumstances of alleged offenders are being taken into account when looking at women’s offending particularly. I am afraid it is not something that we have done a specific inspection on, but it is an area that we are interested in looking at in the future.

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[Carolyn Harris]

I am sold. Thank you.

[Sarah Newton]

Q We are all united in wanting to break the cycle. The evidence is overwhelming that young people who are exposed to domestic abuse, coercive control or violence are likely to be perpetrators or victims themselves. As the Government are investing a lot of money in schools on good relationship education, I am concerned that children will start to realise that what they are seeing at home is not a good relationship, but they will think that is what love looks like because that is what their mum and dad do with partners they see. In the context of what the commissioner and services are to do, what should we do to make sure that that part of the Government’s work in the Department for Education is linked to the sorts of the service you you provide and the possibilities in the Bill?

Sally Noden: I think it is about linking up with community services—making sure that there are the resources within community services. We talked about Operation Encompass, which I think is fantastic, but it needs to go further. There needs to be the support. It is great to do the silent monitoring or to enable the teacher to help that child through the day, but are we actually saying, “It’s okay—it’s okay to go back home”? We have to be honest: children will be going back home, so there needs to be an open discussion and resources to be able to work with a child to make sense of that and enable them to be resilient. There are services to support women who are in abusive relationships and plan to leave, and there is support to enable them while they are in that relationship. We need that for children as well.

[Sarah Newton]

Q I was thinking along slightly different lines—sorry if I did not make myself clear. Again in my constituency, there is another Big Lottery-funded youth work-based project where young people are coming to realise that they are living in a home with domestic abuse and violence, whereas before they did not really understand that that was what was going on. The youth workers are there to make sure that the parents have a conversation and that they are being supported to address their relationship issues. That is more what I was thinking of. Is that something we should be looking at, so that rather than the child being identified as being in an abusive home, it is more that the child themselves identifies that they live in an abusive home? What support can we then give to the parents?

Sally Noden: Absolutely. We have to then be very mindful about making sure that we are not keeping children in the abusive relationship, and about whether the parents are willing to do that piece of work or whether someone will continue to be controlling. It is really important to have that open dialogue, and name it. There are a number of projects, such as the Helping Hands project, that you can work with children on, and I know of a number of youth work projects working with young people, but you are right to ask whether they are really doing the joining up. We need to look at that further.

[Alex Norris]

Q What do you think are the implications for children of a proposed legal duty on local authorities to provide accommodation-based support?

Eleanor Briggs: I have touched on that already. Although we really welcome the duty and see it as a step forward, we think that, as it stands, it is not adequate and will not provide the support that children and young people, and adult victims and perpetrators, need. We welcome the focus in the duty as drafted on children’s support, and we welcome the fact that children’s social care will sit on the board, although we would like to see DFE on the national steering group as well.

We need to face up to the reality that most victims will not be in a refuge. That is a positive thing—people should not need to leave their home to get support. It seems logical to us that if you are getting all the local partners together, including children, to look at an issue and how they are going to respond to domestic abuse, you should not limit that to accommodation-based support. It should be a holistic, expanded duty where they can look at what support we need in the community as well.

There is a particular concern about refuges and the amount of support, because of the fact that people are being turned away and that children are being turned away. From what Sally has said, and from what we see in our own research with Stirling University, we know that those issues are also there with community-based services. Currently, there is a real postcode lottery for access. Research that we did with Stirling University and local authorities showed that in two thirds of areas there were barriers to children and young people accessing community services. Also in two thirds of areas the funding issues that we have already spoken about were present, with projects being funded by unstable funding streams and not knowing what their future was. In 10% of local authorities, there were actually no services for children and young people, and only two had services for children in the early years. There is a real problem around adequate services for children and young people in the community, which the Domestic Abuse Commissioner picked up this morning.

The duty is a real opportunity, which we welcome, but to do its job properly, it needs to be widened. In that research with Stirling University, local authorities said that there is an absence of guidance, that they are not sure what they are supposed to be providing, and, unusually, that they would welcome a duty to give them that clarity about what is wanted. Of course, they will need it to be properly funded, but having that clarity would be a real step forward for everyone.

I have already addressed our fear that unintentionally the duty as it stands might have a negative impact on some of those vital community services for children and young people, particularly given the funding pressure that we know local authorities are under. MHCLG has said that the duty will not have an impact on community-based services, but no detail was provided about how or why that is the case. We therefore echo the Joint Committee’s recommendation that the duty needs to look at how community-based support can be provided. We know from the services that Sally provides how important that support is in helping children to recover and preventing further abuse in the next generation.

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[Carolyn Harris]

Q Do you know that in Wales there is quite a big training programme on domestic violence training? Is it better in Wales, because we have more people trained to identify victims?

Emily McCarron: I cannot comment on the specific situation in Wales. We have identified a gap overall in the NHS, which could be providing much more training—or there is an opportunity for those healthcare professionals to intervene and to provide support, as well as to identify.

[Sarah Newton]

Q Actually, I can answer your question, Carolyn. Yes, it is very good in Wales, because they have compulsory IRIS—Identification and Referral to Improve Safety—training in the NHS, which is definitely something we should do in the England NHS. That is why they have got the highest detection rates in the UK of domestic abuse among older people.

Emily, you gave us very good written evidence on a different type of domestic abuse for older people from what we have been talking about. We have very much been talking about intimate partners, and this is really about adult family members abusing the older members of their family, or people with disabilities in their family. Perhaps you could talk to us a bit about what you know about that and the prevalence of it. What more do we need to do to reflect on it? For the first time, that type of domestic abuse is being captured in legislation.

Emily McCarron: We know that domestic abuse is a gendered crime. However, at Age UK we receive about two calls a day from older people, their families and their support about this issue. Older men and women, as they age, are more likely to experience domestic abuse at the hands of family members—not just intimate partners. Older people are almost equally as likely to be killed by a partner or spouse as by their adult children or grandchildren. We are very pleased to see the definition of domestic abuse expanded, particularly with regard to the inclusion of statutory inquiries into suspected financial abuse, which is very relevant to older people.

We would like that definition to be expanded further so that it recognises the whole array of family relationships and the complexities and vulnerabilities that arise in those relationships as a person ages and their care needs develop and change. We are calling for the definition to be expanded to include abuse that is perpetrated not just by family members and intimate partners, but carers, because they provide care in a domestic setting to a person whose vulnerability has increased as they have aged. That is why we are calling for the definition to be expanded. We must recognise that older people experience domestic abuse not just at the hands of intimate partners; it is a new array of family members, neighbours, friends and carers.