Victims and Prisoners Bill (First sitting)

Siobhan Baillie Excerpts

Committee stage
Tuesday 20th June 2023 Public Bill Committees

[Janet Daby]

Thank you. Ms Elliott, I should have declared that I am the chair of the all-party parliamentary group on children in police custody, and I sit on the Justice Committee.

[Siobhan Baillie (Stroud) (Con)]

Q One of the worst parts of making changes in this place is the unintended consequences. Sometimes we do not scrutinise things enough and think them through. I am really interested in your comment, Dr Siddiqui, about having a complete firewall for migrant victims between the Home Office and the Ministry of Justice. What would be the potential unintended consequences of that policy? Where would you see potential abuses of it? I want to hear from the Minister on that as well, because it is important that we think it through.

Dr Siddiqui: I do not know how the firewall could be abused. It is important that, if there were a firewall, it would give victims the trust and confidence to come forward and seek help, and would ensure that the perpetrator was held accountable. At the moment, a lot of the victims—because they have insecure status—are told by the perpetrator that they have no rights in this country. Usually, that means that if they go to the police and are arrested for being an offender, or are reported to the Home Office, what the perpetrator has said is reinforced by the system. Basically, the perpetrator is able to weaponise victims’ status to control and trap them. David Carrick is a high-profile example: he trapped a woman with an insecure status. He told her that if she went to the police, no one would help her. That is true for many cases we deal with.

Some of the evidence for how many people are being caught out by that is from The Guardian, which did some FOI research with the police. It found that in a period of two years, about 2,500 people facing serious crimes including domestic and sexual abuse, as well as trafficking, were being reported to the Home Office. A lot of women were in that: in one quarter, about 130 women who were victims of domestic abuse were served with an enforcement order. We are talking about a hostile environment for migrants, and we must remove all barriers to victims of abuse being able to access their rights to protection, safeguarding and justice by giving them the whole toolkit that they need to access those rights.

The firewall—where there is complete separation from sharing of data between the police and statutory agencies, and immigration enforcement—is one way of increasing trust and confidence among migrant victims. I do not see a problem. If they are referred to agencies like ourselves, usually we will help them to report the abuse, but we do it by being their support and being able to advise them, and dealing with any issues that might arise with the police when they report it.

After getting legal advice on their immigration status, migrant victims are able to think more clearly along the lines of, “Yes, I should report it, because I want safeguarding and some justice. I want to hold this perpetrator to account.” At the moment, perpetrators have impunity, because they know that the women will not get any help from the police, even if they turn to them.

[Siobhan Baillie]

Q How do you think removing the interaction with the Home Office would work if the victim has also committed a crime? We all know that there are a lot of chaotic lives and that there have been lots of problems—victims can be criminals, too. How do you see that working?

Dr Siddiqui: If the migrant victims have done a crime, the police do their normal duties to investigate crime. It depends what that crime is. If they are seen as immigration offenders first and foremost, rather than victims first and foremost, they will not get any of the help and support they need. They do not even have a chance to get legal advice on their immigration status before they are reported. They do not have a chance to go to a “by and for” organisation to get any support or advocacy, so it is essential that they have the chance to do that before there are any kinds of communication with the Home Office. Usually, that communication should be done through their legal representatives, rather than by the police.

A lot of police officers say to us that they do not agree with the fact that there is no firewall. A lot do not even realise that there could be negative consequences if they report migrants. There is some international work, and even some in the UK, on having good guidance or a firewall. For example, there has been work in Amsterdam and in Quebec showing that a firewall works. The potential for abuse is minimised. In Northumbria and Surrey, the police are all looking at ways for how to improve responses to migrant victims without reporting them to the Home Office as their first response.

[Sarah Champion]

Q May I push a little more on the siloing? You are not saying it is either/or: so if they were criminal, a criminal case could be going on for this person, but when looking at their domestic abuse, that would be protected. You could have the two things happening at the same time.

Dr Siddiqui: If they have committed a crime, of course they need to be investigated like anyone else.

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[Sarah Champion]

Q Children of paedophiles really suffer adversely. Should they be regarded as victims in terms of the definition in the Bill, so that they can get the information and support services they need?

Dame Rachel de Souza: Yes. I was so delighted during the passage of the Bill that Daisy’s law was taken seriously; we worked with Daisy. I think that is a really important step forward, and I feel similarly about children of paedophiles, because it will be the same argument.

[Siobhan Baillie]

Q I did some work on reducing parental conflict programmes. We know that even when there is simmering resentment and low-level arguing around children, it is problematic. What does the Bill do to improve services and checking in with children even when there is no direct harm? The child may not have been in the room when a parent was harmed, but we know it will still have an impact on them. How does the Bill improve those services—checking in, going through and making sure schools are involved?

Dame Rachel de Souza: We have good intentions, but what will be important is that that is in the VCOP and that we operationalise it properly, because I absolutely agree with you that when these situations arise, the earliest possible intervention to deal with parental conflict is what needs to happen.

I think we have—

[The Chair]

Order. I am afraid that brings us to the end of the time allotted for the Committee to ask questions. On behalf of the Committee, I thank Rachel de Souza for her evidence this morning.

Examination of Witnesses

Dame Vera Baird and Claire Waxman gave evidence.

Victims and Prisoners Bill (Second sitting)

Siobhan Baillie Excerpts

Committee stage
Tuesday 20th June 2023 Public Bill Committees

[Jess Phillips]

Q In the case of domestic violence and sexual violence as it is in the Bill, will the duty to collaborate make that any different at the moment?

DCC Barnett: I think this is a broader issue around how we collaborate as agencies with all victims. So much of that is based on how information flows, for example, so that we can keep victims updated about the experience of their case, their investigation, their court case and so on. We must have that good understanding of how we can work together to have the information to service the needs of victims.

We have been working closely with the Ministry of Justice on the suitability of metrics and—this is really important, because it is not only about the metrics of compliance with the code—on the victim’s experience: the qualitative information in the victim’s voice, the victim survey and the work of the Home Office to generate a victim satisfaction survey. Again, that is very much focused on policing, but I think it will start to give some good insights into the whole victim experience.

We are confident in a number of compliance measures going forward. We need to understand fully how we go about collating that information, and then passing it on in a transparent way to PCCs and criminal justice boards.

[Siobhan Baillie (Stroud) (Con)]

Q The victims code is considered a positive thing—we all agree—but we heard from Dame Vera and Claire Waxman that, basically, 70% to 80% of victims who have been through the justice system did not even know that the victims code existed. I put it to you that that is an almighty collective failure of a lot of organisations. What do you think happened? Even if we managed to get our perfect Bill—if Jess and I and we all agreed, and we got our perfect Bill—nothing would change, unless things change on the ground. What has been happening that we are at the point that victims do not even know that a code exists?

Caroline Henry: I agree that not enough victims know that the code exists. That is why we need the Bill; we need to let people know that the code exists.

[Siobhan Baillie]

Q But the victims are not going to read the Bill, so what needs to change? What has happened on the ground that means the code has not come in? Then tell me why the Bill will make a difference.

Caroline Henry: We need to increase transparency around whether the victims code is being complied with. We all need to be talking about victims more, and keeping victims at the heart of this all the time.

Sophie Linden: As with any Bill, it will come down to practice and how it is delivered. The underpinnings of the legislation, and getting compliance and enforcement right, will help with that. I monitor it from my position in the Mayor’s Office for Policing and Crime; we monitor policing compliance with the code. It is very low, but we have done some work with the Metropolitan police around trying to raise the awareness of officers, and making it much easier for police officers to let victims know what is in the code. For example, we have helped the Met to produce a victims care leaflet. Something as simple as that, which has information about the code in, has started to make a difference with victim satisfaction and with compliance.

There is, however, a long way to go. You need all the agencies to have that legislative framework, so that there is compliance, there is an escalation and then there is enforcement. Those two things together, and proper monitoring, which is going to be down to the police and crime commissioners, should help improve awareness of the victims code among victims, and, importantly, among professionals. It is the professionals who are there to support the victim, and it is their duty and responsibility to ensure that the victims know about that.

DCC Barnett: I would not say anything different. It is key for all police forces. When we launched the revised code back in April 2021, chief constables had a responsibility for how that was delivered across their forces. We have training materials through the College of Policing and all forces will be monitoring their own compliance with the code, as well as the qualitative side through victim satisfaction.

Awareness of the code cannot just be around the agencies turning up to deal with the victim. That is a key part, but it is almost too late at that point. There should be a heightened awareness of the code anyway, so that if people are then unfortunate enough to be a victim there is an understanding of what the code is. It is also about being really clear on what aspects of the code are relevant to a victim at any given time. Obviously, that will change as they go through their experience of the criminal justice system.

[Siobhan Baillie]

Q The revised victims code sets out a duty for the Crown Prosecution Service to offer a meeting ahead of trial to certain victims. Do you think that that change will help with victim attrition, particularly in rape cases?

DCC Barnett: I think it is a really positive step forward. One of the real challenges with the delivery of victim rights is when we get to post charge. At that point, you start to bring in a number of different agencies. It goes back to the earlier point around how information flows and communications are delivered; if you are not careful, it can become a very confusing time for victims. I think it is our responsibility as agencies to streamline that process as much as possible and make the communications as effective as possible.

A victim should not have to worry about who, at a particular time, they are entitled to see or who should be supporting them. The notion of the CPS having those visits is really positive. I think they are a good engagement to have, but I think they need to be carefully operationalised around the other contacts and support that might be available to a victim, so that it does not become too confusing or an overload.

Caroline Henry: It is really important that wherever we can we have an independent sexual violence adviser to support and help with CPS contacts—to hold people’s hand as they go through the system.

Sophie Linden: Obviously I really welcome that, but I think it is just part of what needs to happen. At the moment, as I am sure you are all well aware, the victim has interaction with the police, the CPS and the courts. What you really need to look at is how that becomes a seamless service with one point of contact. In London—I am speaking on behalf of London now—we are exploring the victim care hub, which would bring all that together so that there is one point of contact and the victim is able to get updates and understand what is happening right across the piece.

Of course, the individual agencies have their specific roles to play, but the Bill could help that to happen. For it to happen, there has to be the relevant data sharing and there has to be the ability to track the victim through the system—not through policing, then the CPS and then the courts. At the moment you are tracking the crime, you are tracking the case and then you are tracking into court, and those things do not meet. You therefore have different points of contact for the victim, and you need to be able to either—at a minimum—interrogate the different databases or look at how you bring all that together. I think the Bill could make it easier for the agencies to share that data.

DCC Barnett: I would really support that. We look at this—again, I think the Bill does this—as a process of separate agencies, each with its own touch points to a victim’s experience of the criminal justice process, as opposed to looking at it from a victim’s perspective. Where do they get the information that they need? Where do they get the support that they need, whether that is reporting the crime with no further action or whether it goes right the way through to waiting for their court dates, what it means to give evidence in court, the outcome, parole consideration and so on?

Caroline Henry: I would just add that the victims who choose not to go down the criminal justice route or to report to the police still need support from all the agencies.

[Maria Eagle (Garston and Halewood) (Lab)]

Q The original draft Victims Bill—the Justice Committee, of which I am a member, did some pre-legislative scrutiny of it—just had what is now part 1. There was no extra money involved; it was cost-neutral in that sense. We know now that there is at least another £80 million a year available, because that is what part 3 will cost. Do you think the balance is right, given that we are putting all the extra money into part 3 provisions—the parole provisions—or would the balance be better if some of that money were spent on assisting with implementing part 1?

Caroline Henry: I would absolutely like some of it in part 1, but we do need to remember that if you stop people reoffending, you are actually stopping us getting more victims as well. Parole and preventing and managing reoffending are really important.

Sophie Linden: I would always go for additional. But in terms of the duty to collaborate, at the moment it is a duty to collaborate literally on a strategy—there is no additional funding for the services and the gaps that might flow from that in the way that there was for the Domestic Abuse Act 2021 and the duty to collaborate around safe accommodation. There was significant additional money provided for that, which was welcomed.

Also, in terms of code compliance and the analysts that are being talked about by the Ministry of Justice—we are having discussions with them—at the moment my understanding is that it is a one-size-fits-all of two analysts per force area. Now, forces are vastly different in size and—just speaking on behalf of London, West Midlands, Greater Manchester or any other force with more complex arrangements—there are different numbers of organisations that they are going to have to make sure are complying. So this is just not going to be right—you cannot have one size fits all.

Then we have to really look at whether this funding really adds up to what is needed. For example, in London we recently did a needs assessment on sexual violence services. That cost us £110,000. If you add that up for other forces, this is not going to meet what is needed in terms of additional burdens.

DCC Barnett: I would support that in terms of looking again at part 1. With the duty to provide the data, we have a nervousness around the cost implications for forces. A lot of the measures are based on dip samples and having a really close assessment of what has been undertaken. There is no provision at the moment for additional resource to do that or to assist in taking forward the insight that that information gives us. This is an opportunity to work with PCCs to understand the roles that are accommodated and how the data is used.

The other point that I would make is about the demand for our witness care units and witness care officers, who have a lot of responsibility under the code to deliver the information to victims on what is happening with their case post charge and post first hearing. They are under a lot of pressure, given the time it takes for cases to come to court and the additional complexities and vulnerabilities of victims. Anything that helps us with managing those pressures and giving additional training and support, in terms of resourcing, would always be welcome.

--- Later in debate ---

[Jess Phillips]

Great.

[Siobhan Baillie]

Q We know, and we have heard evidence today, that for rape victims the potential that their personal medical records or therapy records will be disclosed through this process is a real deterrent. What is your view on the proposals that a judicial declaration should be required for disclosure? I am interested, because among the arguments against that I have heard is that it would slow the court process even more, and we have court backlogs as it is. Where are you on that?

Jan Lamping: As I said, we apply the law as it is now, and our guidance that is in place now should provide adequate safeguards, in that we should request such material only if it is relevant and necessary, and only in pursuance of a reasonable line of inquiry. That should provide safeguards. As for it being a judicial decision, there is a danger that that would introduce further delays. It is important that we follow our guidance and the police follow their guidance, so that victims are protected from unreasonable intrusion into their private lives.

[Siobhan Baillie]

Q Is it the experience of the CPS that, even with the guidelines as they are now and the need to give good reason effectively, it is still providing a deterrent to victims pursuing their cases?

Jan Lamping: It is difficult to know from a CPS point of view, because we deal with the cases that are referred to us by the police. We do not know what has been a deterrent before that in terms of what the police have asked for, so I do not think that that is something I can comment on. It could be a deterrent, yes.

[Janet Daby]

Q How would you view your role as working with an independent public advocate? Have you given that any thought?

Jan Lamping: It is obviously a new concept, and we are interested in what the detail will be. We can certainly see the benefit from the point of view of the people affected by these terrible incidents. There are some things that we would like to work through. Prosecutors would have responsibilities for speaking to, for example, bereaved families in any event, and there are some concerns about whether there might be duplication.

I know there is mention that it could be a community representative who is the independent advocate. That may be fine, but it may be that a community representative does not represent everybody in that community. There are things to be worked through, but we understand why that is being suggested and are certainly happy to work on the detail.

--- Later in debate ---

[The Chair]

We shall carry on with the session, and I would like to bring in Siobhan Baillie to ask a question.

[Siobhan Baillie]

Q This question is to Kate. In your role for the NHS, you do super work. We are now looking at this issue quite closely from an NHS and health perspective. You mentioned that you thought the Bill could do with some updating because of integrated care boards. I was looking through the Bill before—sorry, I am flicking through all these pieces of paper. Do you have a policy paper or is there something from your policy guys or Government liaison people that sets out what the changes should be to do that exercise of bringing the legislation up to date? Has that been done already? I could not find it anywhere, so I am sorry if you have already sent it in.

Kate Davies: It is obviously our responsibility within NHS England, when there is a particular area like commissioning some victim services—as I do—to work with Bills as they are coming in. I worked across that with Catherine in a previous role; I declare that as an interest. We are aware of it from working with our colleagues in the Department of Health and Social Care as well. We now realise, because of the Health and Care Act of 2022—there are obviously lots of issues coming in as a Bill turns into an Act—what that means. We know much more than we did then, and I think it is fundamental now to look at how, with ICBs and ICPs, we can make better use of the local authority and NHS population-based commissioning. There is also a requirement with the voluntary sector. One of the objectives with ICBs is about health inequalities.

All those elements are now legislation. All those elements give us a real focus, a real lens, on, in particular, survivors and victims within a population, whether they come through a GP’s door or through a local authority door for something to do with housing. It is a question of that needs assessment at local level to say that we have a duty and the responsibility to work with that population number and also support that, whether that is through collaboration or governance. It goes back to Elliot’s earlier point about ensuring that we come round the table to ensure that that happens. I think the current wording in the Bill is helpful, but does not go far enough to ensure that there is that responsibility, accountability and governance in order to collaborate and provide as part of that needs assessment.

[Siobhan Baillie]

Q It would be really helpful if we could have a note on that.

Kate Davies: There have been discussions with the Department of Health and Social Care recently on that, so I think that is an important element to go back to you on.

Catherine Hinwood: I think we are going to submit written evidence on this, so we are really happy to do that.

[Rob Butler]

Q You have all spoken a lot about ICBs, but I think it is fair to say that they are still finding their feet as entities and that they are doing so with a greater or lesser degree of success in different parts of the country. I would certainly say that in my own area of Buckinghamshire, the ICB we have is far from being where we would hope or expect it to be. It has had lots and lots of challenges.

In the context of, frankly, ICBs that are struggling to fulfil their core duties, I wonder how they will really do what is needed for victims through this proposed legislation, because I do not think that they are going to see it as their No. 1 priority. I wonder how you can leverage to ensure that this important legislation and the concepts behind it are delivered on by ICBs.

Catherine Hinwood: ICBs now have a duty to set out in their joint forward plans how they are going to support victims of abuse, and it is specifically set out that they must talk about victims of domestic abuse and sexual abuse. We are starting to work with ICBs to help them. We issued guidance on what they might want to do to be able to fulfil that duty and how they might approach it, but we are starting to work with them in the coming months to assist them in how they are approaching that. I agree that they would be at different levels of maturity, but it is certainly something that we within NHS England have had to focus on in assisting them with and will over the next year, as they grapple with a number of different responsibilities. You are absolutely right: this focus that they have on victims of abuse is a new one. It is a different one and it did not come with any funding—it did not come with any ringfenced funding—so we are helping them to think about how they might be able to mature in this space.

Kate Davies: One of the things at the moment is the maturity of the NHS, with the recovery from covid and everything else. I remember being in a forum during covid and looking at the issues of serious violence, victims and survivors. There are victims and survivors walking through the door of every GP, hospital trust and, perhaps, accident and emergency department. We have too much evidence or representation of people coming in years after they have actually been a victim— this may be related to childhood sexual abuse or to domestic abuse.

It is fundamental that someone in an NHS service has the opportunity to feel safe enough and supported enough to be part of their needs and requirements. They might come in for something else—for example, we have just done some work on cervical screening. I have to say that we are talking about superb interventions through lived experience. How do we get every woman who has cervical screening as part of their requirement also to have the opportunity to say, whether they know this or not, what needs they have or what support they need? This is about, “How can we support you? Have you ever been a victim of rape, sexual assault or domestic abuse?” It is those opportunities that we should be supporting.

I have been with the NHS quite a long time, so I am not saying this because I am sitting in front of the Committee, but there are massive amounts of evidence that people want to do more in this space, because that is part of so many people’s experiences, either personally or professionally; this could be as a clinician, with someone in front of them as a patient. This is a great opportunity to talk about the duty to collaborate, but it is also a great opportunity, as you say, when you have maturity of ICBs at this early stage, to make it a priority.

Lastly, as people are aware, I sat in front of a number of Committees to do with armed forces, as I am the senior commissioner for armed forces. I had exactly the same conversation about that maturity. Four or five years later, we had the armed forces covenant and a really important requirement around armed forces’ mental health and trauma, whereby we have commissioning and supporting a dedicated pathway. That is really why we have been commissioning more mental health enhanced services for sexual abuse recently, through the long term plan. It is a really good opportunity to build on this and build on that good practice, as well as to say where it is not working—we have to be honest about that, too.

--- Later in debate ---

[Janet Daby]

Rachel, did you want to say anything or are you okay?

Rachel Almeida: I am okay.

[Siobhan Baillie]

Q Duncan, you mentioned that you were training police officers. Have you seen an improvement in the police service in terms of understanding and working with victims, and even knowing about the code, over the years you have been working?

Duncan Craig: I did, pre-pandemic. I used to go to the local training school. For a specially trained officer—an old-fashioned Nightingale officer—the 999 call comes in, and they go and lock down the scene, with the scene even being the individual themselves. They used to get five days’ training in forensics and so on, and they would have a whole day with me on working with male victims, because everything else that was talked about was around female victims. Then, on the very last day they would do role play with an actor and get scored. Effectively, it was a bit like an exam.

Now, I go to a university. I have done two classes now. I am really angry about this: in the first class, as I was telling my story—a story that I have told for seven or eight years—an individual put their hand up. There is a picture of me in the room where it happened. They put their hand up and said, “Yes, but do you not think that you should push them all off a cliff?” [Interruption.] I had exactly the same reaction as you; I was absolutely astonished. In seven or eight years, I have never had to kick anybody out of a classroom and I have never been surprised by it. It could just be a one-off, so I spoke to the tutors and said, “Just watch that.” Two weeks later, I went back to the same university, where a new cohort of police officers were being trained, and we kind of got the same thing. I do not know what has happened, other than we have moved from police training school to university, but I am terrified. I am terrified about what we are getting and what I am seeing on the ground now. There used to be a moment in time when I had done some training with every single police officer in my force, and I was really confident. I have zero confidence at the moment, and it is frightening.

Gabrielle Shaw: I come at this from two perspectives. What we hear through the NAPAC support line, from thousands of survivors, is that some of them have disclosed to the police. Of course, people who contact NAPAC are a self-selecting cohort, but over the past five years the number of positive experiences relayed by survivors to NAPAC has risen. I think that is no coincidence, because I know at a national level—I will come to this in a second—there has been a huge drive by national policing to improve response to childhood sexual abuse. The hydrant programme has done a lot of work on this, as well as College of Policing and the NPCC. There has been a huge national drive.

As Duncan described, the issue is how that national drive, the national guidance and all those really good intentions translate down to force level. I can hear the chief constables now saying there is a squeeze on the training budgets and so on, but we need to maintain that pressure and the good intentions that have set at a national policing level, to ensure that trickles down properly. What Duncan described is not a rare or isolated experience at all. There is good practice as well, but there needs to be more consistency to get that real drive across all levels.

Duncan Craig: I am not overly concerned about the current detectives at the moment, because we have a great relationship with them, but they are about to leave because they have done their service. It is exactly like the prevention bit—the bit that I am extremely concerned about is the new people.

[Jess Phillips]

Q I want to ask you some specific questions, Duncan, although I suppose Victim Support also operates ISVA services in some parts of the country. The Bill has specific clauses about ISVA and IDVA services. What do you think the guidance should contain? Do you think guidance on ISVA and IDVA services should be in there at all?

Duncan Craig: I am a bit conflicted, if I am honest, about whether the Bill should contain the guidance around IDVA—

Victims and Prisoners Bill (Third sitting)

Siobhan Baillie Excerpts

Committee stage
Thursday 22nd June 2023 Public Bill Committees

[Janet Daby]

Thank you very much.

[Siobhan Baillie (Stroud) (Con)]

Q This may be my misunderstanding, but I want to ask about the argument for having a standing independent public advocate rather than somebody brought in to respond to a specific incident. I understand why you would want a standing IPA—if they are primed and ready, they can respond with more speed—but there is merit in having somebody dedicated to a particular incident, especially in awful circumstances where there are a number of different national incidents all at once.

Is it the proposal that a standing IPA would basically step aside once the specific IPA got involved? How do you see it all working in practice? That is what I cannot get my head around.

Ken Sutton: I certainly have not seen them standing completely aside. The independent public advocate would have an authority through that office that would be beneficial going forward.

[Siobhan Baillie]

It is basically doubling up.

Ken Sutton: But I can see that they might decide that, for a particular tragedy, an advocate with medical experience, let us say, would be appropriate. We were greatly aided on the Hillsborough panel by Dr Bill Kirkup, whose work was decisive to the outcome of the Hillsborough independent panel. I can see circumstances in which that kind of advocate could be brought on board when you know the nature of the so-called incident. But I do not see the independent public advocate washing their hands, as it were, of an incident going forward.

[Siobhan Baillie]

Bishop?

Rt Rev James Jones: If we look at Hillsborough, we see that it was the immediate aftermath that compounded the tragedy—the role of the emergency service, the police, the media, the coroner. Within 48 hours, a narrative was being shaped over which the bereaved and the survivors had no control whatever.

My concern about not having a standing IPA is that there would inevitably be a process in which the Lord Chancellor would then consult with his team to see whether or not they should set up an IPA. But even in that short space of time, a false narrative can be created. I feel that in that short space of time, too, the families, who are disorientated and traumatised, feel even more bereft.

[The Chair]

Q Does either witness want to make any last comments?

Rt Rev James Jones: Just to say thank you very much for inviting us. We stand ready—we have made this point to the Government—to share out of our own experience information that would help to shape the IPA. The Government have put it on the record that they want to continue to consult, and the families themselves have much to contribute to this proposal.

--- Later in debate ---

[Jess Phillips]

Q On the independent domestic violence adviser and independent sexual violence adviser clauses in the Bill, SafeLives is obviously the organisation that at one time, called Caada—Co-ordinated Action Against Domestic Abuse—was the absolute pioneer of the IDVA position. There has been quite a lot of discussion against the idea that the definition of an IDVA and ISVA is the be-all and end-all.

Ellen Miller: Absolutely, and that is why I really wanted to come down, apart from the duties point. There was a history; there was initially funding for the equivalent of A&E-type stuff. In order to make that credible, the IDVA role was set up. In the past, the IDVA has been associated very much with only doing those really high-risk cases.

Let us deconstruct what an IDVA is. An IDVA is somebody who has gone through a 12-day training programme. This is not a master’s degree or an impossible bar; it is a really basic level of minimum threshold that you should get to. Everybody who works in domestic abuse should have the right to that level of training. We expect it in the care sector—we expect care workers to know how to safely manage cases, to report safeguarding, and to understand the dynamics of power and control within the care setting. We expect that in care. We should expect that in domestic abuse.

To us, the biggest provider of IDVAs, it is a programme of knowledge—a starting point. It does not give you cultural competence, which you have if you are a “by and for” organisation. It does not give you in-depth knowledge around things like non-fatal strangulation, honour-based violence and so on. It is your basic core concepts. It gives a bit more power and respect to individuals who do not have parity with the police officer, the psychiatrist and the social worker—it gives them a status. I wish it was not the case that you need a badge to be respected and listened to, but on the other hand it gives the credibility of a level of basic knowledge. To me, it is about a set of learning, so it is therefore useful, but it is only a starting point.

Ruth Davison: I would build on that, and echo what the Domestic Abuse Commissioner said to the Committee on Tuesday, which is to look at and value all the community outreach roles. When we are in the context of an absolute drought of funding, there is a potential unintended consequence of elevating the IDVA and ISVA roles over and above other roles that are equally skilled and vital—as Ellen said, particularly those roles that focus on cultural competencies and serve the “by and for” community. There is a real concern from us as a sector that we could unintentionally, by elevating one role, make it even harder to access funding for those culturally specific roles in the “by and for” services, which are already six times less likely to receive statutory funding.

[Siobhan Baillie]

Q Ellen, you talk about having teeth, but what does that look like? We have seen suggestions that police officers have their pay docked, for example, if they do not enforce the code. What do you mean by that? What does enforcement look like?

Ellen Miller: I would look at enforcement through the inspection and reporting regime. First, we must ensure that there is a Victims’ Commissioner and a Domestic Abuse Commissioner, and that they have the right to be very public and open. Ruth will have done this, and we have done this: when you have data and look at the differences in the level of funding, it is absolutely shocking and it is not reported. Some things that, for example, the victims grant gets spent on are just jaw-dropping. There is not that level of accountability. Accountability comes through inspections, the roles of the independent commissioners and reporting—and the right to properly kick-off in a way that will actually lead to something. There needs to be the equivalent health and care ombudsman: a proper complaints process.

Ruth Davison: I agree with what Ellen is saying. It comes back to putting the four overarching principles into the Bill. We have already seen reports saying, “That won’t go far enough. It won’t lead to the cultural change that is so necessary if victims are actually to be able to access those rights—not for those rights to just exist on a piece of paper that they may or may not be able to read even if they receive it, but to be acting throughout the whole process.”

Missing from the Bill as a whole is a recognition of how far there is to go in terms of tackling culture. The fundamental understanding of domestic abuse and of many of the crimes that are faced by women in this country is missing. We are calling for mandatory training for police forces, which would lead to the kind of enforcement and teeth that Ellen is talking about.

[Sarah Champion]

Q Thank you for what you are bringing to the table, and for what you do in your daily lives. Ruth, you spoke about the event at the beginning of the week with some of your service users. In the Bill, the victims code compels each criminal justice body to take reasonable steps to promote awareness. Is that enough?

Ruth Davison: No, it is not enough. You were there at the event, so you heard women saying, “What is this?” If they do not know what it is, it is not being upheld at the moment. We do not think that reasonable steps to raise awareness and make people aware of the code is adequate. Making it enforceable gives it teeth. I feel like I am repeating what Ellen is saying, but we need to go further.

These are women who are in a period of crisis in their lives. They may be being forced to flee their home with their children in the middle of the night, leaving friends, family, pets, and toys behind. They are dealing with all these institutions through no fault of their own. Those institutions need to have very clear and holistic approaches to their support. That is what is done on the frontline of community-based services, whether or not they enter the criminal justice system, report to the police and have their case dismissed due to lack of evidence, or endure the re-traumatisation of testifying again and again in the family court or in the legal case. Recognising that holistic support is essential, and embedding that in the Bill through the victims code being enforceable feels like a critical part of it, alongside the funding I am calling for.

--- Later in debate ---

[The Chair]

We have to finish exactly on time—it is in the programme motion.

[Siobhan Baillie]

Q I can do that. Very briefly, Ruth—because I am really interested in this—you are not suggesting that there should be a ban on disclosure, but that it should be a judge’s decision. Is that right?

[The Chair]

Very short answer.

Ruth Davison: The default should be non-disclosure, but a judge decision, yes—not an outright ban. Hopefully that was quick enough.

Victims and Prisoners Bill (Fifth sitting)

Siobhan Baillie Excerpts

Committee stage
Tuesday 27th June 2023 Public Bill Committees

[Siobhan Baillie (Stroud) (Con)]

It is a pleasure to serve under your chairmanship, Sir Edward. I am interested to hear what the Minister says in response, and I hope he will take on board what hon. Members said about the changes since the previous Lord Chancellor, who was quite outspoken about these issues, was in post. It is important to investigate whether the real issue is the implementation of the existing legislation and guidance, or whether it a lack of legislation, which we can fix here.

I have been sat here thinking about how slow and clunky this place is; it has taken so long to get to this Bill. I have had two children quicker than some Government projects have been completed. It takes forever. I have also been thinking about how creative antisocial behaviour has been getting recently, and about the TikTok videos showing youngsters storming into people’s houses, often with gangs of people. That would be a one-off incident, so presumably it would not reach the threshold of the community trigger, but it leaves a victim in its wake. I also understand—please correct me if I am wrong, Minister—that trespass is not criminal if someone storms into a house but it is pre-arranged. That it is very scary, but we possibly would not reach the threshold for the victims code.

I want to know that the Department is thinking through the rise of social media, the way that TikTok is being used and how gangs of people try to harass and attack people. If this legislation is a way to address this social media stuff, which the public are pretty outraged by, we need to think that through. I want to hear that the Department has gone through case studies and interrogated to see whether a change of legislation is appropriate, or whether the Department is still satisfied that what is available would deal with this latest nonsense, because this will not stop. There will be new ways of getting at people. People called Wizzy or Mizzy or something like that will try to get their ridiculous little videos, but there are victims in the wake of those videos, so I am interested to hear the Minister’s views.

[Sarah Champion]

I want to build on the points that have been made. I will start with those made by the right hon. and learned Member for North East Herefordshire—

Victims and Prisoners Bill (Seventh sitting)

Siobhan Baillie Excerpts

Committee stage
Thursday 29th June 2023 Public Bill Committees

[Siobhan Baillie (Stroud) (Con)]

I woke up this morning and told myself not to talk too much today, but the hon. Lady has inspired me to contribute. I have changed a number of people’s names in my career. As a junior lawyer 20 years ago, I used to get calls from reception saying, “Will you come down and do a deed poll for George Michael?” George Michael had previously been Jon Bon Jovi; Pamela Anderson used to turn up, too. The public do not understand how easy it is.

I decided to speak because we have officials in the room, and I want the Ministry of Justice to have a word with gov.uk. We can all see the seriousness of the situation and the problems it causes with DBS checks and things like that, but at the moment gov.uk sets out how simple it is to change one’s name. At the end—the very end—of the page, under the headline, “If you’re a registered offender”, it says:

“You must tell the police you’ve changed your name within 3 days if you’re a registered: sex offender”

or a violent offender. It tells people that they must go to the police station to do so. Then, after an exclamation mark, which shows that this is serious, it says:

“It’s a criminal offence if you do not tell the police you’ve changed your name.”

The headings beneath that are, “Next”, followed by “Make your own deed poll”.

I cannot overemphasise how serious this is and why it is important that people are honest about this process. People will rarely choose the enrolled deed poll option, because it costs an extra 42 quid. While we are debating what people can or cannot do, will someone please have a word with gov.uk?

[Anna McMorrin (Cardiff North) (Lab)]

I pay tribute to my hon. Friend the Member for Rotherham—not only for her powerful speech today, but for the huge amount of work that she has done on this very, very important issue. All of us here today can hear how absolutely important it is that the Government act on this issue. We fully support her in her endeavours and urge the Minister to respond positively and to find a way through. Registered sex offenders cannot be allowed to change their names without informing the police, and without the police then being able to take action. Leaving that loophole open calls into question the integrity of all the schemes that the public rely on. We all think that the public are safe through such mechanisms, as my hon. Friend set out.

I am stumped for words by what my hon. Friend has called out, some of which is deeply shocking. The child sex offender disclosure scheme, the domestic violence disclosure scheme, and the Disclosure and Barring Service all rely on having the correct name. If they do not have that, how do they go about safeguarding the many survivors and victims out there? My hon. Friend pointed out that an offender can easily change their name from anywhere, even prison, and there is no joined-up approach between the statutory and other agencies. I understand from the data that she collected that the Home Office has confirmed that more than 16,000 offenders were charged with a breach of their notification requirements just in the five years between 2015 and 2020.

The BBC discovered that 700 registered sex offenders have gone missing in the last three years alone, so it is highly likely that they breached their notification requirements without getting caught. Families and survivors deserve to know if a perpetrator has changed their name. Relying on a system that depends on registered offenders self-reporting changes in their information is dangerous, and an enormous risk to public safety. I hope that the Minister will respond with the positive message that he will go back to his Department and work with colleagues to change that.

--- Later in debate ---

[Anna McMorrin]

The amendment would ensure that those in family courts, and all those agencies, have a duty to signpost victims to support and special measures, so that everybody around family courts should be aware of what is happening and of the abuse that is being perpetuated. The special measures outlined in the Domestic Abuse Act 2021 must be accessed: that is a duty on family courts, but it is just not happening. The amendment would mean that, under the victims code, agencies must ensure that those special measures are introduced.

You have been very good, Ms Elliott, in allowing me to set out the context—I have talked about parental alienation and given examples of horrific abuse—but very little has been done in this House to set out the problems in family courts. It is absolutely essential to build that case and show what is happening to the thousands of women and their families who are the victims of such abuse. As we have heard, family courts operate behind closed doors. There is very little resource, and very little is happening to bring together the agencies and court processes and ensure that special measures are in place.

[Siobhan Baillie]

Does the hon. Lady recognise that Sir Andrew McFarlane, the Head of Family Justice, is already trying to open up family courts and is doing an awful lot on transparency? I think quite a lot of positives will come out of that.

[Anna McMorrin]

An awful lot of organisations and people working in this area, including the Head of Family Justice, are bringing to light what is happening, so I absolutely agree with the hon. Lady.