Assisted Dying

Stephen Timms Excerpts

Monday 29th April 2024 Westminster Hall

[Sir Stephen Timms (East Ham) (Lab)]

I very much welcome the thoughtful and sensitive way in which my hon. Friend the Member for Gower (Tonia Antoniazzi) opened the debate. I agree with her and others that we need careful reflection on this subject.

The national health service is, rightfully, my party’s proudest achievement. It has delivered freedom from the fear of medical bills, which has blighted the lives of non-wealthy people since time immemorial. I think that changing the nature of the national health service, so that it ends people’s lives as well as sustains them, would be an absolutely fundamental change that we need to weigh very carefully indeed before introducing.

I understand the proposition that people with a diagnosis of terminal illness should be allowed help to die, but it is clear from what happens elsewhere that if that did happen, it would not remain subject to that narrow criterion. It would not end there. Indeed, the campaign to broaden the scope has already begun. Matthew Parris wrote in his column in The Times that we need assisted suicide because old people cost too much. He said:

“‘Your time is up’ will never be an order, but—yes, the objectors are right—may one day be the kind of unspoken hint that everybody understands. And that’s a good thing.”

I cannot see that that would be a good thing. It seems to me that legalising assisted dying would impose a terrible dilemma on frail people, elderly people and others when they are at the most vulnerable point in their lives, especially on conscientious frail people who do not want to die but do not want to be a burden. I do not think that there is any way to avoid imposing that dilemma. The national health service should be there to protect those people.

It is reported that in Oregon since 2017, over half the applicants for assisted dying have applied not because they want to die but because they feel that that they are a burden. The next time we have a Government committed to austerity, the temptation to cut health service costs by allowing people to choose to end their lives in a wider set of circumstances, instead of funding their care, would, I fear, be irresistible. Indeed, in Canada, the Government publish how much they save by ending people’s lives rather than continuing to care for them.

[Sir George Howarth]

I will be brief. Does my right hon. Friend accept that his argument reflects a very bleak view of how assisted dying would work in practice?

[Sir Stephen Timms]

I very much agree with my right hon. Friend that it is a bleak view, but it is supported by what we have seen happening elsewhere around the world. Unfortunately, I think it would happen here as well.

The argument I want to set out is that this road is not one that those of us who subscribe to the founding principles of Nye Bevan’s health service should be willing to go down.

Illegal Migration Bill: Economic Impact Assessment

Stephen Timms Excerpts

Tuesday 27th June 2023 Commons Chamber

[Sir Stephen Timms (East Ham) (Lab)]

The Minister is proposing, according to the document, to spend eye-wateringly large sums—£169,000 per person—to process claims in Rwanda. He wants to spend that money to treat people with great cruelty. How can that possibly be justified?

[Robert Jenrick]

I usually have the utmost respect for the right hon. Gentleman, but he is wrong in each respect of that question. First, the figure that he quoted is a gross figure, not a net figure. Secondly, that figure does not relate to the Rwandan partnership, but is an indicative figure based on the Syrian resettlement scheme. We chose not to publish the commercially sensitive nature of our relationship with Rwanda for good reason, because countries and partners working together in good faith should not publish details that we said we would not. His last point, that individuals will be treated with great cruelty in Rwanda, is categorically untrue. I wonder whether he has been to Rwanda—I certainly have. It is a country that is safe and where we have a good working relationship. The High Court exhaustively analysed Rwanda’s safety and the treatment that it would propose to give to those coming from the United Kingdom, and the High Court concluded that the scheme was appropriate and in accordance with our legal obligations. We will shortly hear from the Court of Appeal, but I very much hope it will uphold the High Court’s judgment.

No Recourse to Public Funds

Stephen Timms Excerpts

Thursday 11th May 2023 Commons Chamber

[Sir Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered the matter of no recourse to public funds.

I thank the Backbench Business Committee for enabling the debate to take place, and I thank the Members on both sides of the House who supported the application. The Register of Members’ Financial Interests records my support from the Refugee, Asylum and Migrant Policy project. I also thank Praxis, Citizens UK, and the Refugee & Migrant Forum of Essex and London for helping me to prepare for the debate.

During the pandemic, hard-working, law-abiding families, working legally in the UK but subject to no recourse to public funds, were especially hard hit. Their wages stopped because their jobs stopped, and NRPF also prevented them from claiming benefits. They had to turn to food banks, as a huge number did in my constituency, where Bonny Downs Community Association, Newham Community Project and others did an amazing job. Before the pandemic, if people with no recourse to public funds lost their job they just got another one, but the pandemic made that impossible.

The complete absence of help came as a shock to, for one, the then Prime Minister, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson). At the Liaison Committee in May 2020, two months into lockdown, I told him about a hard-working, law-abiding family in my constituency, including two British-born children, who were destitute because the father had lost his income. The transcript of the Committee meeting records the following:

“Hang on, Stephen. Why aren’t they eligible for universal credit, employment and support allowance or any of the other benefits”.

I said that it was because of no recourse to public funds. They had been here for years, but for 10 years, NRPF meant no help at all. The Prime Minister said:

“I am going to have to come back to you on that, Stephen. Clearly people who have worked hard for this country, who live and work here, should have support of one kind or another…I will find out how many there are in that position and we will see what we can do to help. ”

He was right to say that

“people who have worked hard for this country, who live and work here, should have support of one kind or another”.

Unfortunately, however, the Prime Minister’s opinion was not his Government’s policy. He did not find out how many were in that position, because the Home Office does not know.

No recourse to public funds is a condition imposed on people with temporary visas. The current version dates from 2012, and bars access to social security benefits. According to the House of Commons Library, 1.6 million people have leave to remain with no recourse to public funds. The Migration Observatory at Oxford University estimates that the total includes 225,000 children. Typically, families are on the so-called 10-year track to indefinite leave, like the family that I mentioned to the Prime Minister. That family were in the UK on student visas for several years, but after their two children were born, they started on the 10-year track. They renew their leave every two and a half years, paying at least £2,608 per adult in visa fees each time plus additional fees for their children. No recourse to public funds applies throughout. The Home Office has been taking 11 months, on average, to process these re-applications, so for months people cannot prove their status. Thousands who are still permitted to work while awaiting the determination have wrongly lost their jobs as a result. After 10 years, they can apply for indefinite leave and, when they secure that, NRPF no longer applies.

The Home Office does not know how many people in the UK have no recourse to public funds. That, I think, is understandable. Once people are given leave to remain, the Home Office does not know who departs. Parliamentary questions have shown, however, that the Home Office cannot even tell us how many people it gave leave to remain last year with the NRPF condition attached, apparently because of the inadequacy of its computer systems. Last November, I asked in written question 93420 when the new Atlas case working system would tell us the number of applicants who have no recourse to public funds attached to their leave to remain. The answer came back that,

“remaining areas will complete their transition to Atlas in 2023, after which time it will be possible to explore what further information can be produced using the new system.”

I wonder whether the Minister can update us when he winds up. By when does he now think the Home Office will at least know how many people it imposes NRPF on each year?

Citizens Advice estimates that 329,000 parents have had NRPF, many for 10 years, which is most of somebody’s childhood, whereas 40% have been in the UK for more than five years and 10%, like the family I told the then Prime Minister about, have been here for more than a decade. Families with no recourse to public funds can make a change of circumstances application for exemption from NRPF if they are destitute or heading for destitution. Last year, 3,200 families applied and 60% were successful. I welcome regular publication of the data about that. Recent court decisions have required immigration rule changes to allow disability and child welfare to be considered, but those decisions do not yet seem to have been reflected in change of circumstances decisions. A lot of families do not know about the change in circumstances process.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

My right hon. Friend mentions recent court cases. It was particularly disgraceful that the Green-led administration in Brighton refused to support people with no recourse to public funds during the covid in-period. Shelter took the council to court—where the council spent huge amounts of public money to defend its actions—and won. Is it not the case that housing is a public health issue and, just like access to healthcare, which is excluded from no recourse to public funds, access to basic housing facilities should not require an exemption but should automatically be allowed?

[Sir Stephen Timms]

My hon. Friend makes a good point, and I believe that his local council is no longer Green party controlled. He is absolutely right.

The change of circumstances process is cumbersome and difficult. With specialist help from an organisation such as the Unity Project or Praxis, people are likely to succeed, but lots of families do not know those organisations and cannot access the help. If someone is in Brighton, they cannot access a support organisation in Islington. It is very troubling that many families are missing out because applying is so hard.

The Select Committee on Work and Pensions unanimously recommended two specific changes. The first was that no family with children should have the condition for longer than five years, recognising that for many it is 10 years at the moment. The second was that where the children are British citizens, as is often the case, child benefit should be paid in relation to those children even when the parents have no recourse to public funds. When families have been here for five years, or when children are already British citizens, they are here for good. We should be supporting children to fulfil their potential future contribution to our society. We will all lose out by denying them that support. It makes no sense to impose destitution on the families of children who will be in Britain for the rest of their life. The Government rejected those modest cross-party recommendations, and I hope the Minister will think again. The current policy is contrary to the national interest.

The pandemic highlighted the perilous situation of people with no recourse to public funds, and the latest Trussell Trust data show that food bank demand is sharply up again. In the cost of living crisis, families with no recourse to public funds are being clobbered once more, which is the trigger for this debate. Low-income families with no recourse to public funds are ineligible for cost of living support because they are ineligible for the benefits that passport people to that support. They are not eligible for the £900 cost of living payment this year or the £600 cost of living payment last year, for the £300 pensioner payment, for the £150 disability payment or for the warm home discount.

Battling through the current crisis without the support everyone else receives is extraordinarily hard. The Select Committee took evidence from parents with no recourse to public funds, and a Conservative colleague on the Committee rightly described their evidence as “harrowing.” Having no recourse to public funds leaves families in desperate situations.

Praxis, which supports families in my constituency, calculates that a two-parent, two-child family with both parents working and earning the national living wage are entitled to just over £11,000 of support this financial year, including cost of living support, universal credit and child benefit. If the same family had no recourse to public funds, they would be entitled to £195—the saving from the energy price guarantee. No assessment has been made of the impact on children in low-income families with no recourse to public funds of the non-availability of the support being provided to other families in identical situations, but not much imagination is needed to work that out.

The household support fund is paid out through local authorities. When it was introduced, councils did not know whether they were allowed to support people with no recourse to public funds. The Government advice was that councils should take their own legal advice on whether or not they are allowed to use the household support fund for that purpose. At last, paragraph 45 of the Government guidance on the household support fund states that, from 1 April 2023:

“Authorities can provide a basic safety net support to an individual, regardless of their immigration status, if there is a genuine care need that does not arise solely from destitution, for example if…they have serious health problems; there is a risk to a child’s wellbeing… Authorities must use their judgement to decide what legal powers and funding can be used to support individuals who are ineligible for public funds”.

The Government guidance remains somewhat unclear, but the first point is welcome and overdue.

On the point raised by my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle), Crisis reports that 6% of the people it supported last year had NRPF. St Mungo’s points out that rising food, energy and rent costs are increasing rough sleeping. More NRPF families will be on the street, and others will be stuck in insecure, overcrowded housing with long-term damaging impacts on children who will be here forever.

One parent told the Select Committee:

“My 5-year-old kept asking, ‘Mum, why are other children entitled and I am not?’ I struggled to answer.”

We should not be doing that to children who will spend their life in this country.

Maryam, a 23-year-old domestic violence survivor with two daughters, was referred to the Kurdish and Middle Eastern Women’s Organisation in north London by children’s social services. She had no recourse to public funds, so she was financially dependent on her husband. She had no choice but to stay in an abusive relationship for four years, as NRPF meant she had no way out.

Praxis has surveyed families with no recourse to public funds over the past month: two thirds are struggling to afford food; 59% have been forced into debt to pay for essentials, about three times the proportion of the population as a whole; and half are relying on charities and food banks for basic needs, compared with 3% of the population as a whole.

The Chancellor announced welcome improvements in the Budget, as recommended by the Select Committee, to support people who are claiming universal credit with their childcare costs. That support is not available to working families with no recourse to public funds who are faced with unaffordable childcare, like everybody else. We cannot justify having this large group in the labour market at such a massive disadvantage compared with everyone else. I welcome the extension of care for disadvantaged two-year-olds to NRPF families. Access for those families to free school meals is now permanent as well, which I am pleased about.

Five years is long enough for a family to contribute into our welfare state before receiving from it. After half a decade, a family with British-born children is here for good. Will the Minister commit to considering extending child benefit to all British children, irrespective of their parents’ status, and allowing parents access to public funds after five years? Those are not radical changes. They are affordable, sensible reforms that will be advocated in an op-ed in The Times tomorrow that is co-authored by me and the hon. Member for Ruislip, Northwood and Pinner (David Simmonds). They were proposed unanimously by a Select Committee with a Conservative majority and they would support thousands of families during the biggest fall in living standards on record.

[Several hon. Members rose—]

--- Later in debate ---

[Sir Stephen Timms]

I am grateful to everyone who has supported the debate and contributed to it, including those who have delayed their return to Scotland to do so. I am also grateful for the tone of the Minister’s response. I welcome the point that he made at the end about giving us information about when, in the next few months, the data will be available.

Let me underline the two key recommendations from the Work and Pensions Committee, reflecting the reality that children in families who have been here for five years and children who are already British citizens are here for good. First, families with children should automatically be exempted from NRPF after, at most, five years. Secondly, where the children are British citizens, child benefit should be payable, notwithstanding their parents having no recourse to public funds. It cannot be right for families in otherwise identical circumstances doing the same jobs to be £11,000 a year worse off even after they have been here for years because of the impact of the NRPF condition. It is, as others have said, a straightforward question of fairness. I am encouraged by the tone of what the Minister said and I hope that we will see some significant changes in this area in the coming months. It would be in everybody’s interests and in the national interest for that to happen.

Question put and agreed to.

Resolved,

That this House has considered the matter of no recourse to public funds.

Illegal Migration Bill

Stephen Timms Excerpts

Committee stage
Tuesday 28th March 2023 Commons Chamber

[Mr Carmichael]

I hope that the Minister gets a hold of Hansard tomorrow, reads what he has just said and, as my mother used to say to me, takes a long, hard look at himself, because the idea that that is a justification for locking up children is absolutely disgraceful. For him to try to draw and to invent a causal link where none exists is a consistent line of the way this Government act. It is the same way that they tried to draw a causal link between the Modern Slavery Act and those coming in small boats—it just does not exist.

[Sir Stephen Timms (East Ham) (Lab)]

I agree with what the right hon. Gentleman is saying. The current proposal in the Bill is that unaccompanied minors coming here to claim asylum will spend the balance of their childhood here knowing that the day they become 18, the Home Secretary will have an obligation to remove them from the country. Is that not an unconscionable way for any Government to treat children?

[Mr Carmichael]

“Unconscionable” is one of the more polite and measured terms that we could use about it. I reflect on the fact that when I visited Dungavel in 2007 or 2008, my own children were about six and 10 years old. The staff in Dungavel did a phenomenal job to mitigate the horrors of what they were dealing with, but at the end of the day, we were keeping children behind a razor wire, lockdown institution, and that was downright inappropriate and unacceptable. Nobody will ever persuade me that we should treat any child differently from the way in which we would want to treat our own.

Windrush Lessons Learned Review: Implementation of Recommendations

Stephen Timms Excerpts

Tuesday 10th January 2023 Commons Chamber

[Miss Dines]

This is about progress. I am very clear that we must compensate members of the Windrush generation and their families for the losses and impacts they suffered. Those impacts were the result of a scandal that arose under Governments of varying colours, and we must put that right. I simply do not accept the suggestion that there is no serious effort being put into implementation. I do not say everything has been a success; mistakes have been made, but improvements are also being made. We have offered and paid out almost £60 million. That is an extremely good start. It is not enough, but it is the way forward, and Wendy Williams has acknowledged that there has been significant change.

[Sir Stephen Timms (East Ham) (Lab)]

Will the Minister give the House a clear assurance that the Home Office will appoint a migrants commissioner?

[Miss Dines]

I thank the right hon. Gentleman for that question. I will have to check and write to him. That is not in my brief, but I am enjoying this urgent question and listening to Members across the House. That information will be sent to him shortly.

Hotel Asylum Accommodation: Local Authority Consultation

Stephen Timms Excerpts

Wednesday 23rd November 2022 Commons Chamber

[Robert Jenrick]

I have asked all our providers to noticeably step up the engagement they have with Members of Parliament and local authorities, including ensuring—this may be small, but none the less local authorities have raised it with me—that there is a named point of contact for every building, so that a local authority or a Member of Parliament can speak to somebody at that outsourced partner and get answers to their questions and concerns. I am grateful to my hon. Friend for her kind words. We are working closely together because she is very much on the frontline of this challenge, and I appreciate just how difficult it is for her constituents. With regard to children’s accommodation, we want to ensure that as many of those young people can move to state or private foster care as swiftly as possible. We are putting in place the right financial incentives to ensure that happens.

[Sir Stephen Timms (East Ham) (Lab)]

The Minister is right that communication has been inadequate. When a safeguarding concern arises among asylum seekers staying in a hotel in Newham, the council does not get to hear about it even though it has the statutory responsibility. It seems that what is happening is that the contracting company—the company that contracts from the Department; in our case, it is Clearsprings—does get told. The council is supposed to be copied in but is not. Will he ensure that that particular aspect of communication is resolved?

[Robert Jenrick]

I will. The right hon. Gentleman raises an important point. In recent months or years, the outsourcing partners have seen their relationship almost exclusively as one with the Home Office and not with the relevant local authority. I have made it clear to them that they have a dual duty to work closely with the Home Office and the local authority. He raises an important point and I will pass it on.

Oral Answers to Questions

Stephen Timms Excerpts

Monday 14th November 2022 Commons Chamber

[Chris Philp]

As the hon. Lady knows, the total funding going into policing this year is £16.9 billion, which is a £1.1 billion increase on last year. I have said it once or twice before, but I will say it again: come April next year, when those 20,000 extra officers are hired, we will have a record number of uniformed officers serving on our streets.

[Sir Stephen Timms (East Ham) (Lab)]

6. When she plans to publish improved data on families with leave to remain but no recourse to public funds.

[The Minister for Immigration (Robert Jenrick)]

The Home Office now publishes an extensive range of data in respect of NRPF change of conditions applications, including data on age, gender and nationality. We are open to other avenues to obtaining further NRPF-related data; plans for doing so have been set out in published correspondence with the UK Statistics Authority.

[Sir Stephen Timms (East Ham) (Lab)]

At present, the Home Office does not know how many people it gives leave to remain with no recourse to public funds attached. For months, Ministers and officials at the Department have been saying that a new IT system is about to be introduced and will give us that information. The chair of the UK Statistics Authority, whom the Minister mentioned, told me in a letter in February that the new system would be operational some time this year, rather than last year as previously announced. When will the Department take back control and switch on its new system so that it can provide this completely basic information?

[Robert Jenrick]

I understand the right hon. Gentleman’s long-standing interest in this issue. We have made it clear on a number of occasions that we also want to deepen and enrich the level of data that is available. We have been speaking to our stakeholders to see what further steps we might be able to take, and I shall be happy to keep the right hon. Gentleman informed.

Oral Answers to Questions

Stephen Timms Excerpts

Monday 28th February 2022 Commons Chamber

[Rachel Maclean]

My colleague the Policing Minister will be speaking to that amendment later, and we will be consulting on this specific issue. However, I want to highlight that there are already offences on the statute book to tackle this particular abhorrent form of behaviour.

[Stephen Timms (East Ham) (Lab)]

14. If she will take steps to resolve the immigration status of overseas students who have been falsely accused of cheating in English language tests.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

As I said recently in the House in response to an urgent question, the Home Office is awaiting the findings of the upper tribunal presidential panel, who are currently considering the case known as RK/DK, which we hope will bring further clarity to the ETS TOEIC issue. Once we have received and digested the judgment we will announce our next steps.

[Stephen Timms]

After 2014, over 30,000 overseas students lost their visas, accused of cheating in English language tests. It is now clear that the great majority of those students were entirely innocent. It is now over 12 months since the Home Secretary rightly told the Home Affairs Committee:

“We need to find a resolution”.

Why wait for the outcome of the court case? There is no need to delay. Why not now bring forward the resolution the Home Secretary has rightly promised?

[Kevin Foster]

Given that the judgment is believed to be fairly imminent, it makes eminent sense to wait for it and then announce our next steps fully taking into account what it says and what it concludes. As the right hon. Gentleman will be aware, given the passage of time we have already amended our guidance to make it clear that where a person’s right to a private and family life in the UK is relevant, the interception of a previous TOEIC test is not an invariable ground for refusal if they make an immigration application.

TOEIC English Language Tests

Stephen Timms Excerpts

Wednesday 9th February 2022 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement about reports of failings in the test of English for international communication, or TOEIC, language tests in 2012.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I am aware that BBC “Newsnight” is tonight examining the Home Office’s response to systemic fraud that took place in the teaching of English international communication exams prior to 2014. In 2014, the BBC’s “Panorama” programme uncovered examples of organised fraud on a significant scale taking place during TOEIC exams, as they are known, which were at the time required under immigration rules for student and other visas. The Home Office’s subsequent investigation into the abuse of English language testing revealed systemic cheating that was indicative of significant organised fraud. Ministers and Parliament were clear at the time that they expected a robust and speedy response. As such, the Government took a number of steps to fix the broken student visa system that operated before 2014 and to prevent such abuse from happening again.

The actions taken included stopping more than 1,000 colleges bringing bogus or low-quality students into the country who intended to work, not study. Given the scale of the fraud, it is impossible to say that nobody was wrongly affected and a number of appeals have succeeded. However, we continue to believe that there was a large-scale problem with cheating, as the BBC uncovered. Individuals affected have always had the right to challenge Home Office decisions through appeal or judicial review. Many have done that and it is important to note that the courts, up to the Court of Appeal, have consistently found that the evidence of invalid cases was enough for the Home Office to take the action it did.

However, as the Home Secretary set out to the Home Affairs Committee on 2 February and as the right hon. Member for East Ham (Stephen Timms) will be aware, the upper tribunal presidential panel is currently considering the case known RK/DK, which involves many of the issues raised by the BBC in relation to ETS TOIEC. The determination in that case will have a critical bearing on the Home Office’s future approach to ETS TOIEC-related cases, so it would be inappropriate to comment directly on the BBC’s findings ahead of that determination. I can confirm, though, that we will announce the next steps once we have received and considered the judgment.

[Stephen Timms]

In 2011, the Home Office gave a licence to the US firm ETS to operate its TOIEC English language test to establish whether overseas students could speak English well enough to study in the UK. Nearly 60,000 students took the test over three years but, as the Minister said, in 2014 “Panorama” exposed cheating at a number of TOIEC test centres and the ETS licence was withdrawn.

In response, ETS promised to analyse its recordings of all the students who had taken the test. Having done that, ETS told the Home Office later in 2014 that 96.5% of the students had either definitely or probably cheated. The Home Office seems to have failed to ask even the most basic questions about that absurd claim, now discredited, and it went ahead and cancelled the visas of more than 30,000 students. Contrary to what the Minister said, no appeal was available other than for students to go back to their home countries and then appeal, but in reality there was no provision there to make an appeal. Thousands of innocent students had their futures destroyed.

This morning, the original “Panorama” team has reported that ETS knew about the cheating well before the “Panorama” programme but did nothing because it wanted to keep the revenue. The BBC has also reported that the Home Office was told in 2012 by ETS whistleblowers but, instead of cancelling the licence then, allowed ETS to carry on for another two years. Thousands of innocent students were dragged into disaster as a result. Home Office failings have wrecked the lives of thousands of innocent people.

The Home Secretary told the Home Affairs Committee a year ago that too many people had been hurt and that a resolution was needed, but there has been no progress since. Will the Minister now come forward with a straightforward mechanism, as promised by the previous Home Secretary two and half years ago, to enable innocent students to clear their names and rebuild their lives?

[Kevin Foster]

As I have already touched on, I will not be commenting more widely on some of the matters that are currently sub judice, but I point out again that the scale of cheating exposed at the time was endemic. It is a rather bizarre argument that we should have gone earlier and harder on this issue. I made it clear in my statement that the courts up to the Court of Appeal have consistently found that there was enough evidence of invalid cases for the Home Office to take the action it took.

As I pointed out, there are opportunities for appeals. Those who have been here for some time may well be able to make claims based on their private life or human rights claims that would allow them to secure status in this country.

At the core of all this is the need to reflect on what has happened over the past 10 years in respect of what was previously the tier 4 route and is now the student route. We have reformed a system that was wide open to abuse and that brought the name of our education sector into disrepute. We have created a new system, particularly in respect of the new student visa, that works for students and education providers and, crucially, in respect of the Home Office balancing the need for compliance with the wish to facilitate the ambitions of hundreds of thousands of people who wish to study at our world-leading institutions. The student visa system is a world away from where it was in the past.

Finally, I should point out that 20 people have been convicted for their role in the systemic and organised cheating in English tests. That speaks strongly to the actions we took. As I said, there continues to be a process through the courts for those who wish to challenge the decision in their own cases. As the right hon. Gentleman knows, we encourage the courts to make a determination if there is an allegation of dishonesty in relation to TOIEC. As I said, when the final judgment comes from the panel, we will respond more fully.

Historical Allegations of Sexual Abuse

Stephen Timms Excerpts

Wednesday 5th January 2022 Westminster Hall

[Stephen Timms (East Ham) (Lab)]

I beg to move,

That this House has considered historical allegations of sexual abuse and the justice system.

I am glad to serve under your chairmanship, Mr Betts, and I am grateful to Mr Speaker for selecting this debate.

I want to raise issues highlighted by one of my constituents, who I will call Sharifa. In 2003, when Sharifa was 15, her father sent her to the UK to escape political violence in Africa; he was later killed because of his political activities. Newham Council placed Sharifa in foster care. Eventually, she was able to rent a flat on her own. She went to school in Edgware and did BTECs at Barnet College. Aged 17, she attended the Royal Free Hospital for minor cosmetic surgery on an ear because of a burn she had suffered in childhood. A surgeon in the ear department, who was a man in his 50s, committed a serious sexual assault on her, in the course of which another doctor came into the room; otherwise, Sharifa is convinced that she would have been raped.

The assault was devastating for Sharifa’s mental and physical health. She says:

“I came out of that hospital room angry, scared, confused, naive, but I could not tell anybody because I did not have any close friend or anyone to tell, nor did I know of the Police. All I knew was that if I told the hospital doctors, they would not listen to me but put me on the next flight back to Africa. Therefore I had to keep quiet and suffer in silence.”

She went home and set about cleaning herself with soap. She developed obsessive compulsive disorder, and has had years of nightmares and sleep deprivation; treatments have been ineffective and excessive use of soap led to gynaecological problems.

In 2011, Sharifa went back to the Royal Free Hospital for treatment for those problems. What happened then is unclear, but her health problems became worse. Today, she cannot sit comfortably at all and says:

“My reasoning ability has decreased over the years due to the struggles I’m going through, loss of enjoyment to life, excessive depression, panic, severe anxiety, chronic pain…I’m tired writing about this trauma thinking about what I have gone through.”

In late 2011, Sharifa obtained a UK passport and started to feel more secure. In 2012, she completed a university degree, but her mental health worsened. Lawyers would not help, because over three years had passed since the assault. She attended the Royal Free Hospital for injections, hoping every time that she would be able to confront her assailant, but she never did; she never saw him.

[Jim Shannon (Strangford) (DUP)]

The right hon. Gentleman is discussing an important issue and I entirely support what he has just said. However, does he agree that although large-scale investigations draw media attention, equal attention must be paid to individuals who have come forward, and that funding must be available for numerically small but personally massive cases just like the one that he is referring to?

[Stephen Timms]

I very much agree with the hon. Gentleman; it is important that, whatever the circumstances, victims should feel confident that they can obtain justice.

In Sharifa’s case, eventually a doctor at the Royal Free advised her that the hospital would not help and that she should go to the police, so that is what she did in 2019. She was interviewed by two sympathetic and helpful police officers. However, at a photograph identity parade in Tottenham Hale that year, she was unable to identify her assailant, but she is convinced that her assailant was among three pictures she saw then of people who looked similar to her assailant. They were recent pictures; she did not see a photo of her assailant from 14 years earlier, although the police said that they have one. It would also have helped if she had actually seen the people in those photos, because her assailant’s physique and gait have stuck in her mind.

The police officer at the parade, unlike the earlier officers, seemed unsympathetic and impatient. Sharifa’s memory and mental health problems made her feel uncomfortable and under pressure. The police concluded that there was no basis for a prosecution, so in late 2019 she came to see me. I asked the police to reopen the investigation. Sharifa did not know the name of the doctor who committed the assault, but she did know the name of the doctor who interrupted the assault. The police had interviewed him, but he could not remember the event.

The police reply to me is as follows:

“Detectives were…able to make enquiries with a doctor who was named on one of the referral letters. Further enquiries with Maxilofacial Prosthetics confirmed that this doctor, whose name I will not disclose, had registered on 1 May 1983 and retired his membership on 30^th April 2015. During this period of registration, this doctor had an unblemished record and furthermore he was never in receipt of any complaints or allegations. The doctor provided an evidential account completely denying the offence. He stated that he could not recall ever meeting Sharifa. There is no evidence that he ever met Sharifa as no medical records were recovered.”

The reply from the police concluded:

“I have carefully reviewed all the evidence in this case and find that the decision not to refer the case to The Crown Prosecution Service to be correct.”

I went back to the police and made the point that Sharifa had given me a clear and persuasive account of what had happened, but the officer firmly declined to pursue the matter any further. Women Against Rape then corresponded with the police and raised a number of questions, including this point about the identification parade:

“The photographs shown to Sharifa were recent and were not from the time of the offence, 14 years earlier. Due to the passage of time the man in question will undoubtedly have changed somewhat, therefore the photographs should have been from the time of the incident. Can you now show her these?”

The police continued to decline to pursue the matter. At the suggestion of Women Against Rape, Sharifa requested a full copy of her medical records. There she found the name of the doctor. That was a major breakthrough. The police confirmed that that was the person they had identified, but were not willing to discuss the matter further. Women Against Rape suggested lawyers, who might take up the case. None was willing to do so.

A year ago, Sharifa came to see me again. She is not able to work, has no substantial funds and cannot afford a solicitor. One lawyer I contacted took a thorough look but concluded that the case did not meet their risk assessment and was not willing to take the case.

Sharifa wrote:

“I have spoken to many solicitors. None of them is helping. I am left on my own, as I was in the past.”

I wrote to the Health Secretary and received a sympathetic reply from the current Secretary of State for Digital, Culture, Media and Sport, the right hon. Member for Mid Bedfordshire (Ms Dorries), who was then a Health Minister. She made several helpful suggestions. Sharifa has tried all of them. Citizens Advice sent a letter in relation to the subsequent hospital treatment, but that came to nothing. The local Healthwatch secured a meeting with the Royal Free but Sharifa felt that its concern was just covering up what had gone wrong. The local sexual assault referral centre said it could not help, as the assault was so long ago. Another sexual assault referral centre said the same. A local legal advice service said that it could not help.

Sharifa is stuck. How can she obtain justice over what happened to her? She says—I think with good reason—that her life has been ruined because of what happened to her at the hospital in 2005. She has severe and continuous pain and serious mental health problems, but she is a determined woman. She is finding her voice. She benefits from supportive friendship. Her account is compelling, and I am convinced that it is truthful. She writes clearly and powerfully. There must surely be some avenue available for her to obtain the justice to which she should be entitled.

These are my questions to the Minister. What are the opportunities in the system for someone in Sharifa’s position to obtain justice? Can she do so even though, for completely understandable reasons, it was a long time after the assault that she reported it? What provision can support her, given her lack of funds? One consequence of what happened is that she has been unable to work and has always had to depend on social security. Is it really the case that someone young and innocent, newly arrived in the country, cannot effectively be protected by the criminal justice system and that someone choosing to abuse such a person will have a very good chance of getting away with it?

Sharifa’s case raises a number of wider issues, three of which I will highlight. First, there is the time limitation period. Rules on limitation periods in civil proceedings are pretty complicated. Sexual abuse inflicts both physical and psychological harm. The law typically treats such cases as personal injury claims. The time limit for bringing a civil claim in a personal injury case is three years from the date on which either the cause of action accrues or, if later, three years from the date of knowledge of the person injured. If the injury was suffered by a child, the three-year period is not initiated until they reach the age of 18. That brought Sharifa one additional year, but not enough, as 10 years later she is only just learning about the potential route to justice that she could have taken.

The court has discretion to allow a personal injury claim to be brought if the limitation period has expired, but that happens in only a small number of cases. The court would need to consider a long list of factors set out in the Limitation Act 1980. For victims eventually able to summon the courage, support and funds to pursue their case, their chances rest on the decision of a judge. The discretionary process involves both parties setting out legal and factual arguments. With a lot of uncertainty around the likely outcome, a claimant, especially one already suffering the effects of trauma, may well be dissuaded from pursuing a claim.

Survivors of sexual abuse, and childhood abuse in particular, are often unable to talk about the trauma they suffered for years. That should surely not disadvantage a claim brought later in life. The Limitation (Childhood Abuse) (Scotland) Act 2017 removed the three-year time limit for childhood abuse victims in Scotland. Do the Government plan to follow suit and abolish it for survivors in England and Wales as well? I hope they will.

Secondly, Sharifa’s case highlights the difficulty of lay people knowing how to seek justice. On 21 July last year, the Government published their violence against women and girls strategy, which recognises that sexual harassment and assault, both in public and private, is much too common. It found that women often do not report sexual harassment because they do not think it is a crime or that it will be taken seriously by the police. For Sharifa, there was the added uncertainty of a young, vulnerable person, new to the UK, with no friends or family here to support her, and no way to know what she should do.

Analysis published by the Office for National Statistics in November concluded that:

“Violence against women and girls can lead to significant and long-lasting impacts such as mental health issues, suicide attempts and homelessness”.

It reported that in the year ending March 2020, around 1.6 million women aged 16 to 74 experienced domestic abuse in England and Wales, which is 7% of the female population, and 3% experienced sexual assault. Women’s Aid has reported that nearly half of women in refuges are depressed or feel suicidal as a direct result of the assault they suffered. It says that the real figure is probably higher, as stigma and fear around disclosing mental health problems, the main injury that Sharifa suffered following her initial assault, discourage women from speaking up.

Pathways to seeking justice need to be clearer and more accessible to victims. The violence against women and girls strategy commits to a national communications campaign to raise awareness of gender-based violence. Consultation on that strategy has not started yet, despite calls for it to do so from the Victims’ Commissioner. Can the Minister tell us what the timeframe for that will be?

Thirdly, we need to note that reports of sexual assaults in hospital are rising. An article published in September reports, on the basis of freedom of information requests, a nearly fivefold increase in reports of rapes in hospital between 2011 and 2020.

I am grateful for the opportunity to raise this issue with the Minister, and I am grateful to her for being in her place. The experience of my constituent Sharifa is unique, but it raises concerns affecting a much larger number of women. I look forward to hearing the Minister’s response.