Domestic Violence

Seema Malhotra Excerpts

Tuesday 11th September 2012 Westminster Hall

[Stephen Pound]

As ever, my hon. Friend makes not just a telling, but an extremely positive point. The draft universal credit regulations will be laid before the House in the next few weeks—I think that they are due when we return after the conference recess—so we are quickly approaching a crucial debate, in which we will have to discuss such matters for precisely the reason that he gave.

Many people do not seem to realise what will happen, say in the case of a woman who flees her violent male partner, if the male partner is named as the recipient of the benefit. What happens if the woman has to go to the abuser, who may still have her blood staining his knuckles, and ask him to sign the benefit over to her as a favour? Will he say that he is more than happy to co-operate and collaborate with her? No. One of the joys of child benefit—one of the most important things about it, and one of the greatest arguments for it—was that it was paid directly and solely to the woman, which is a principle that we seem to be losing.

What I have seen of the draft universal credit regulations fills me with dread, because I can see a fiscal servitude—the shackles of sterling—being locked on to women so that they cannot escape or break free, because of the complicated mechanisms that they are held in simply so that they can provide themselves with the basics, such as food and drink. Nowadays, we more and more see people turning to the charitable sector for the provision of the most basic of basics that, frankly, the state should provide.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

My hon. Friend is making a powerful point about where power and resources lie in households, and about how a woman may be severely disadvantaged not only through the impact of domestic violence, but through what she then finds she has entitlements or access to. I have a case in my constituency in which the male in the household changed the tenancy agreement on the house, so that the woman did not realise, until she had to flee, that she had no access to that home under the arrangements he had set up. Does my hon. Friend agree that there must be a much more holistic approach to ensuring equal access to resources in the household, not just access to the important services that have to be available in a timely fashion when somebody becomes the victim of domestic violence?

[Stephen Pound]

In her short time in this House, my hon. Friend, whom I am proud to say is my respected neighbour, has earned an enviable reputation for coming up with exactly the right expression to illuminate a problem, and she has again done that extremely well. I entirely agree with her point, but I will go slightly further. I do not think that we can resolve the problem by identifying funding streams within the family; that could stop the problem getting worse, but would not actually stop it.

[Mr Edward Leigh in the Chair]

The hon. Member for Blackpool North and Cleveleys said that he did not want the debate to become a list of statistics being trotted round the course and, as in all things, I respect him for that. When it comes to statistics, however, it is worth drawing the House’s attention to the fact that 31% of local authority funding for the domestic violence and sexual abuse sector was cut between 2010-11 and 2011-12, which is a reduction from £7.8 million to £5.4 million in—I assume—England and Wales. That figure is massive, and I would say that that huge amount is cost-ineffective.

We have heard the word “holistic” used two or three times. Let us take that approach not because it is somehow a fiscally mature and sensible way of operating but because it could save lives. We cannot tolerate a situation in which young lives can be blighted and the lives of adults destroyed. We cannot see the destruction of the future of our country because of a lack of funding, financial support and early intervention.

I again congratulate the hon. Member for Pendle on securing this debate. I look forward to the Minister’s response and to a slightly different way of addressing this issue for the sake of present and future generations.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I welcome you, Mr Leigh, to the Chair. I echo everyone’s words of support for the work that the hon. Member for Pendle (Andrew Stephenson) has done both in bringing this debate to the Chamber and in introducing Jane’s law. I had cause to reflect on that law myself as I had a case in my constituency of a woman whose partner had repeatedly attacked and assaulted her. The partner is still out on bail, awaiting sentencing. Having brought in that law, we must ensure that it is used to protect witnesses. As all Members know, there are some cases that keep one up at night and that one worries about and that case was certainly one of them. I spoke to the victim on a regular basis as I worked to get her rehoused and moved away from the area and from immediate harm. I was conscious that Jane’s law would have made a difference in her case.

I also welcome the work that the hon. Gentleman has done today in setting out the challenges that we face in addressing domestic violence. There is, I think, a consensus across the House that this matter needs to be a priority, not just for our criminal justice system but for our public services as a whole because of the impact that it has on so many families across our country.

May I welcome the new Minister to his role and put on record my thanks to his predecessor? We did not always see eye to eye, but I was certainly grateful for his assistance in the work that we were doing both in Walthamstow and nationally. I hope that we can help the new Minister by filling his inbox with some suggestions and proposals that he can take to his colleagues to make good on that premise of addressing domestic violence in our communities. All of us recognise that it is a very different type of crime to deal with. More than any other criminalised behaviour in our society, it involves the most repeat victimisation. Intimate violence, as it tends to get called, requires a different approach from our criminal justice and social care services. The failure of all of our services to address the matter is reflected in the high numbers of serious case reviews that involve domestic violence and in the numbers of homicides that involve domestic violence.

Many Members here have already mentioned the statistics. I am mindful of what the hon. Member for Blackpool North and Cleveleys (Paul Maynard) said about statistics, but it is worth recognising the scale of the challenge. It is about not just the numbers of people, predominantly women, who are killed through their relationship with their partners, but the impact on other services. In West Yorkshire alone, 10,000 calls to the 999 service were related to domestic violence. That is 20% of the total number of emergency calls that were dealt with over six months.

One of the first things that must concern the new Minister is the need to get the right data. If we are honest, we do not yet have the consistency of data that is required to understand the scale of the problem and the impact that it has. In particular, I am talking about the way in which police forces flag up intimate violence. They need consistency in capturing the data so that they can see not just repeat offenders but repeat victims. That is a huge challenge. Some police forces are proactive about such issues, but others are less so.

The police force is not the only place in which the issue of data has to be addressed. It is across a whole range of public services. In that sense, the movement towards a single definition by the Association of Chief Police Officers is welcome, but it needs to be shared across services, and people must be trained to understand what they are trying to capture, so that we can truly understand the impact of this crime.

Although nearly 750,000 cases are recorded by the police, only 100,000 ever proceed to prosecution. What is happening to those other 600,000 cases? What are we doing to address some of the causes and to understand what happens next? My first call to the Minister is for him to make that commitment about data. We need to ensure that both the public and voluntary sectors have the data necessary for us to understand the level of domestic violence that exists in our society.

I have a second call for the Minister, and we have heard many Members, especially on the Opposition Benches, making this case and I pay tribute to them. Indeed it is always a unique experience to be in the Chamber when my hon. Friend the Member for Ealing North (Stephen Pound) is speaking, because he brings such passion and genuine emotion to the case. We also heard my hon. Friends the Members for Bolton West (Julie Hilling) and for Feltham and Heston (Seema Malhotra) talk about the changes in our benefit system and what impact that might have on victims of domestic violence.

When we talk about this crime, we are talking predominantly about women, but I pay tribute to those in the Chamber today who have recognised that men are the victims of domestic violence as well. The concept of financial control is key to enabling people to leave abusive relationships. In the changes that the Government are making to the benefit system, there is a real danger that the ability to make that choice to leave will be restricted.

Hon. Members have already talked about universal credit. In particular, they have talked about how it will be nominated to a single person in a household, and how some 300,000 households will be affected. The decision about who gets that money will be critical to the choice about how money is spent. Child benefit is crucial to many women because it makes them financially independent. Universal credit will go much further in aggregating people’s incomes and therefore the ability of people within relationships to make choices about how money is spent. May I press the Minister to look again at this issue, and to speak to his colleagues in the Department for Work and Pensions about the decision to nominate a single person? Can he look at what more can be done to stop this measure from being a source of financial control? If a single person is to be nominated will he ensure that it is the main carer within a family? We do not want to see women stuck in abusive relationships because they are not able to leave them.

I hope that the Minister is pressing his colleagues in the DWP about the way in which universal credit will be paid and the impact it could have on refuges. About 40% of the women who go into refuges tend to be dual housing benefit claimants. They can claim the money on the property they might have fled and also on the cost of staying in a refuge. Under the new provisions, such a measure will come under the benefit cap. It is not difficult to see how a woman might find herself unable to keep up a private property, and so a secured tenancy, which at some point she may wish to return to with her family once the issue about abuse has been resolved or her abuser is in prison, and to pay for a stay in a refuge, let alone pay for the food that her children need or transport costs under the cap as currently constructed. There is a real concern that it will be the cost of staying in a refuge that will fall under that system.

Refuges are a unique form of supported housing for families. First, they are about not just the individual on the claim but the dependants as well. Secondly, there are no waiting lists for refuges. Already 230 women a day are turned away from refuges in this country because we do not have enough places, so there is not that ability to plan ahead for the need that will be required. Every person who turns up at a refuge is in crisis. A refuge provides only short-stay accommodation. Under the new system, the problem will be not only that the dual housing benefit claimant may find themselves not able to pay for a refuge place but that the payment is paid to the client rather than the landlord. We can see refuges having to chase women, who are being moved around the country, for payment for their place. The work that has been done by several refuges already suggests that almost 60% of their income could be affected, which could be crucial to their future survival.

We need to do more to ensure that we have refuges. If the Minister takes away one message from this debate today it is that Opposition Members are desperately concerned that the changes through universal credit may have severe unintended consequences on the refuge movement in the UK. We may see more refuges closing and more women unable to move out of their properties. That is before we even get into the difficulties that women then face when they are in refuges and receiving support.

I am sure that the Minister is well versed in some of the debates about legal aid. Given that 230 women a week need legal aid assistance to escape an abusive partner and given the relationship that exists between being in a refuge and being entitled to legal aid, the changes could have severe unintended consequences. My hon. Friend the Member for Ealing North pointed out that the universal credit guidelines will come before Parliament shortly. Let me extend a hand across the House to say that we will work with the Minister to try to change those requirements, so that we can ensure that women who are fleeing from violence are not hampered by the way in which universal credit is administered.

When it comes to money, however, we are not just talking about financial freedom. Again, Labour Members have already spoken very strongly about the cuts to funding and the impact that they are having. We know that, although local authority budgets were cut by 27% on average, those organisations working with victims of domestic violence have experienced a disproportionate cut of 31%. Moreover, that figure masks a further difficulty, because many of those organisations are small organisations that operate on a shoestring; they work on very small budgets. However, we know that those organisations receiving funding of less than £20,000 a year have actually experienced, on average, a 70% cut in their funding and many of them have now disappeared. That is in comparison with those organisations receiving funding of more than £100,000 a year, which have done better.

Those cuts are also filtering through the system. Once again, I urge the Minister to make strong representations to his colleagues in the Ministry of Justice, given that we have already seen 23 specialist domestic violence courts being closed during the past year. That is despite the fact that we know the difference those specialist courts make in tackling the issue that I mentioned earlier—the number of domestic violence cases that are brought to charge. Indeed, given that only 58% of those 100,000 cases are successfully prosecuted, we need to ensure that we have a court system that understands the issues that we are dealing with and that is able to work with the victims that we are all talking about. I am sorry that the hon. Member for Gillingham and Rainham (Rehman Chishti) has now left Westminster Hall, but he ably raised that issue about the court system.

[Seema Malhotra]

Does my hon. Friend agree that we need to get to a point where we will see a step change in the number of successful prosecutions of domestic violence? It cannot be right that we have such a low rate for successful prosecutions. Surely we need to look at shifting the way that we balance evidence to be in favour of those who are victims rather than adopting the default position, which seems to be taking the view that there is not enough evidence, or, “We cannot prosecute, because it’s his word against hers”? We need to say, “Let’s hunt for the truth and let’s start to see a step change”, and there should be no complacency in wanting to see a much better outcome through the justice system.

[Stella Creasy]

I absolutely agree with my colleague and, if anything, that is the second message that I hope the Minister takes away from our comments today—there needs to be a step change in how we as a society address domestic violence. Clearly, we are not getting it right at this point in time. The changes in relation to universal credit that I briefly mentioned earlier are just a microcosm—the tip of the iceberg—of the way that we need to think differently about how we deal with victims of domestic violence.