Domestic Violence (Police Response)

Tim Loughton Excerpts

Thursday 10th April 2014 Westminster Hall

[Tim Loughton (East Worthing and Shoreham) (Con)]

I congratulate my hon. Friend the Member for Brentford and Isleworth (Mary Macleod) on securing this debate on a really important subject that is not given enough airtime in the House. It is encouraging the see the strong turnout on the Government Benches. I had not intended to speak, but my hon. Friend’s comments have spurred me on to add some of my own.

I want to look at the matter from the perspective of the effect on children. The simple fact is that in the United Kingdom the police receive a call every minute from the public for assistance because of domestic violence. That leads to the police receiving an estimated 1,300 calls every day, or more than 570,000 every year. We have heard that recognition of the problem is improving, but it is still a huge one and responsible for 14% of all violent crimes in this country.

I am particularly concerned about the estimate that at least 750,000 children every year witness domestic violence, and that has long-term implications, particularly on young children and how they will go through their childhood and adult life. It is important to protect women, and sometimes men, who may be victims of domestic violence; it is equally important to protect children from being influenced by it at an impressionable age.

Children who have witnessed violence and abuse are much more likely to become involved in a violent and abusive relationships as adults. Children tend to copy the behaviour of their parents. Boys learn from their fathers to be violent to women, and girls learn from their mothers that violence is to be expected and something that they just have to put up with. That is the most depressing response, and I saw it during the many hours and days I spent out on cases with social workers in my previous role.

When women and young girls who have been subjected to violence are asked why they did not just leave or do something about it, the response is along the lines of “I thought that’s what happens and is part of a relationship is about.” It is appallingly depressing that people can be conditioned to think that that is what they should expect, and that it is part of the deal of being in a relationship, whether married, cohabiting or whatever. That is why it is so important to get across to people from an early age that it is not the norm, and should not, must not and will not be tolerated. We must ensure that they are aware of how to access the power to do something about it because the long-term implications are frightening.

According to the Home Office, 200,000 children—1.8%—are living in households where there is a known risk of domestic violence, and that is probably an underestimate because of under-reporting of the problem. The definition of “harm” that is used in care proceedings under the Children Act 1989 includes

“impairment suffered from seeing or hearing the ill-treatment of another”.

That is not used enough, and we must ensure that our professionals are aware of how they should use it as a consideration for intervention.

Many public inquiries into the death of children in recent years have shown that the men responsible for such deaths often have a history of violence towards their female partners. A study of 139 serious case reviews—official reports when a child is harmed fatally or seriously—in England between 2009 and 2011 showed that 63% were found to have domestic abuse as a risk factor.

Some years ago, I spent a week as a social worker in Stockport in a sort of undercover operation. I went out with social workers on real cases away from the glare of television cameras, dressing down for the occasion. I saw at first hand the nature of many of the problems that those of us who have been Ministers have to deal with in legislation to provide the professions with the powers to do something about it. I knew that domestic violence was a big factor in child protection cases, but that week really brought home to me how many child protection cases have domestic violence as a key element—probably more than three quarters of cases have domestic violence at the heart of child protection issues.

What I saw in Stockport, which has a first-class child protection team, was that the addition of a domestic violence specialist social worker in the team made a huge difference. When new social workers in particular suspected a domestic violence element, they could get wise advice, and there were proper procedures for becoming involved in such cases, and recognising the symptoms of domestic violence and the effect it was having on children. They were better placed to produce a plan of action for taking the woman and children to a place of safety.

Training to deal with domestic violence should be a key part of social work training, particularly when it involves children. The multi-agency approach of that child protection team included a domestic violence specialist social worker, a family nurse partnership specialist representing the local health facilities and a police officer. They came together every morning to assess cases and had a wealth of intelligence and approaches for how best to intervene on behalf of vulnerable children. There are some good examples—Stockport is not an isolated one—of how the practice can work to provide much better and earlier intervention on behalf of abused women and children.

Children who experience severe maltreatment by a parent or guardian are between 2.7 and 2.9 times more likely also to have witnessed family violence. According to a report from the NSPCC, under-11s who have experienced physical abuse by a parent or guardian were almost five times more likely to have witnessed family violence. Another NSPCC study showed that 12% of under-11s, 18% of 11 to 17-year-olds and 24% of 18 to 24-year-olds had been exposed to domestic abuse between adults in their home during childhood, and that adult males were the perpetrators in 94% of cases when one parent had physically abused another.

Violence in the home may result in children suffering long-term emotional and psychological damage. The very young may show physical signs of distress. They may become anxious or depressed, have difficulty sleeping, have nightmares or flashbacks, complain of physical symptoms such as tummy aches, and start to wet their bed. They may have temper tantrums, behave as though they were much younger than they are, have problems at school or start truanting, become aggressive, internalise their distress and withdraw from other people, and have a lowered sense of self-worth. Older children may start to use alcohol or drugs, begin to self-harm by taking overdoses or cutting themselves, and develop an eating disorder. All that may be down to being an unwitting participant in a home where domestic violence is being inflicted on them indirectly, and sometimes also directly. The physical and psychological implications for children are therefore deep-seated and not just a bit of a worry or a bit of a nuisance.

One could say that if parents are prepared to allow their children to be exposed to those sorts of experiences, they do not deserve to be parents and the state needs to step in—certainly against the abusive parent who is inflicting the violence on a woman and the children.

Although many parents report trying to shelter their children from marital violence, research suggests that children in violent homes commonly see, hear and intervene in episodes of marital violence—they try to step in—in some cases thinking, “Is that my fault?” Children may get a hang-up that they are, in some way, contributing to or responsible for the horrible things that are going in their homes.

As I said, domestic abuse accounts for 14% of all violent crime. On average, women contact 11 agencies before they receive the help they need. For black women, that figure rises, appallingly, to 17 agencies before they receive the help they need, according to a report from Barnardo’s.

We are talking specifically about the police, and interestingly, we have just discussed in the Chamber the Public Administration Committee’s report on the reliability—or not—of police crime statistics. The Minister made a brief response to that report. The Chairman of the Committee, my hon. Friend the Member for Harwich and North Essex (Mr Jenkin), mentioned the under-reporting of rape and downgrading, or attempted downgrading, of allegations of rape, to flatter the crime figures. The figures that we have on domestic violence and, in its extreme form, rape—particularly ongoing rape—may underestimate the real state of the problem. It is absolutely key that the police are completely honest about the extent of the problem that is reported to them, that it is properly investigated as the serious crime that it is, and that it is pursued and investigated, and that charges are brought wherever possible. We all know the appalling record we still have on the number of rape charge cases ending in successful convictions in court. We need to do a lot more on that.

According to Women’s Aid, 30% of domestic violence starts when a woman falls pregnant. Pregnancy can exacerbate the severity and frequency of the violence and the woman’s abdomen is often specifically targeted during attacks, according to the charity website, protectingchildren.org.uk. Domestic violence has been identified as a prime cause of miscarriage or stillbirth. I find that appalling, particularly because yesterday I spoke to one of my constituents who suffered a stillbirth and several miscarriages—she is campaigning with me for a change in the law to recognise the registration of stillbirths under 24 weeks—but for someone to have that imposed on them by the violence of the partner who is the potential father of that child is doubly appalling.

Domestic violence is also a major factor leading to death in or related to pregnancy and childbirth. During the three years 2006 to 2008, 34 of the 261 women who died around the time of giving birth showed signs of domestic abuse, 11 of those having been murdered by partners or family members. Previous reports indicated an even higher proportion of deaths in childbirth being related to domestic abuse. Between four and nine women in every 100 are abused during their pregnancies and/or after giving birth.

Given the influence of and contact with midwives, GPs, health workers, clinicians doing scans, health visitors—and the increasing number of health visitors that we are trying to recruit—those professionals must be the early-warning systems to see, identify and know how to identify signs of domestic violence before it is too late, and before some of those extreme outcomes come into play.

[Nicola Blackwood]

Will my hon. Friend give way?

[Tim Loughton]

I am delighted to give way, so I can have a breather.

[Nicola Blackwood]

Earlier, my hon. Friend mentioned the importance of multi-agency risk assessment conferences and multi-agency working. One problem that we experienced in Oxford with a similar but related issue of child sexual exploitation was the difficulty that different agencies had in sharing important information and intelligence that would have resulted in earlier identification of victims, and the ability to intervene and protect those victims at an earlier stage and bring prosecutions in those cases. I believe that exactly that kind of problem is preventing better work from happening with domestic violence. As my hon. Friend said, we should have better information sharing between GP services, health services, social workers and the police, so that victims can be identified at the earliest possible stage and action can be taken. There is often a feeling that sharing that information would break data protection law, which is not, in fact, the case. I wonder whether he would comment on that.

[Tim Loughton]

My hon. Friend, who has a great interest in the subject, is absolutely right in her final comment. It is an excuse. Data protection has for too long in child protection cases, just as in domestic violence cases, been used as a reason for not acting, and that just should not be the case. Nothing under data protection prevents people from sharing the data in a responsible manner with other proper professionals, be it through MARACs or other structures, when clearly it is in the interests of the potential victims or victims that they are looking after.

We have a very good MARAC in West Sussex, where the agencies work well together. I also flag up MASHs—multi-agency safeguarding hubs. I visited many of them round the country and what matters there is getting all the professionals around the table eyeballing each other and talking to each other. It was interesting to visit the MASH in Haringey, an authority that has gone through a pretty traumatic time, with baby P, Victoria Climbié and others. I saw the way that its MASH works: when an incident comes in, around the same table very quickly will be social workers, police, people from the housing department and from education. They will all be sharing information quickly. They do not have to go through protocols about getting information; they will be on the phone and on the computer getting that information.

I also saw that in Stockport. People knew far more from talking to each other and they rarely had to go to the computer. If they did, it was usually to check something that they knew already. That is why it is so important that professionals talk to each other face to face, rather than through the internet and electronic communications. There is no substitute for the experience of professionals who have been on the front line—and often know a fact about a family going back many years—and can come up with the right information. They are more likely to make the right judgment and intervention.

I want to finish with three points about what should be done. We need to make this a high-profile taboo subject. Mariella Frostrup rightly wrote in an article some time ago:

“We need a Man Army”

that is able to stand up and say that domestic violence is “for cowards.” We know that an awful lot of people in this country—particularly young people—are unduly influenced by celebrities, and we need a few celebrities to come forward and say exactly that and use their influence for good, rather than appearing too often in our Sunday tabloid newspapers creating the wrong impressions for our young people to follow.

The United Nations’ “Real men don’t hit women” campaign is another thing that we need to make available to our young people. I absolutely echo the comments of my hon. Friend the Member for Brentford and Isleworth that we need better education. We need better hands-on education about respectful relationships, and we need to tailor it particularly to certain black and minority ethnic communities where we need to handle the issue very carefully.

Children are better able to cope and recover when they get the right help and support, for example, from other family members, peers and school. Some children find it helpful to speak to a professional—a trained counsellor or whoever—but it is not uncommon for victims of domestic violence and abuse to take a long time to recognise what is happening. For some families, domestic violence and abuse are a normal part of family life. Even when children realise that a situation is wrong, shame can make it difficult to speak out. As my hon. Friend also said, there is often a fear that children may be taken into care if a woman comes forward to say that there is a domestic violence problem.

We need to ensure that social workers can recognise who is to blame and are as open as possible, so that those women can open up to them without fearing that they will lose their children through no fault of their own. Having a trusting relationship outside the home can increase the chances that someone affected by domestic violence and abuse will manage to talk about their experience. Sharing the secret with someone outside the family is the first step in breaking out of the cycle of violence and abuse. We need to ensure that there are trusted confidants. In school, they will be teachers, school nurses and perhaps social workers working in schools, of which there are good examples. Children will be able to go to them, trust them and pour out their experience, so that someone can recognise that and do something about it.

Secondly, I have a concern about the legal aid changes. We had an event in the House on that issue last week. Necessary changes are being made in legal aid, and domestic violence cases should be exempted from them, but in some cases that is not happening. In some cases, women are not getting the professional support that they need to ensure that they are getting the full protection of the law. That is not acceptable. I hope that my right hon. Friend the Chancellor of the Exchequer will be able to look at the matter in more detail to see whether there are unintended consequences from some of the changes being made to the availability of legal aid.

My third point was also made by my hon. Friend the Member for Brentford and Isleworth in opening the debate. We need to ensure that there is better training of police and other professionals working with all the agencies. I am very glad to say that in my area and that of the Minister, largely due to the new police and crime commissioner, Katy Bourne, domestic violence has become one of the priorities. She has done a lot of work to ensure that Sussex police are sensitive to and able to cope with incidents of domestic violence. I pay tribute to the excellent women’s refuge services in Adur and Worthing in my constituency.

Housing is a particularly important element in all this. Too often, women are confined in accommodation where they are experiencing domestic violence because housing services are not liaising properly with the police, social workers and others to ensure that those women are appropriately relocated out of harm’s way, which often means across local authority boundaries. We need to have a better networking system between local authorities, so that safe accommodation can be made available, often at short notice.

[Mary Macleod]

I am very glad that my hon. Friend has raised the issue of children, because that is a critical part of the debate. He is considering housing. Part of the problem is often that a woman will go into a refuge for some time with her children, but then they end up getting put in temporary accommodation until something else is found. That is still unsettling for the children. I want to push councils to try to get families quickly into not temporary accommodation, but more stable housing, so that the lives of the children are not disrupted again and they can go on to live fulfilling lives.

[Tim Loughton]

Again, my hon. Friend is absolutely right, because we look at this issue as primarily about getting the victim out of harm’s way and into a place of safety—that is clearly the biggest priority—as well as the children. However, that situation may pertain for some time, and children need stability. They need continuity in their education and access to other people and friends around them. We therefore need to ensure that there is some long-term planning so that the children can still access all the services and facilities that they need as children growing up, but in safety. There are complications with that, but again, early intervention involving housing services, police, social workers and specialist domestic violence people and charities can make the process easier, rather than it just being a case of out of the frying pan into the fire.

I take the point made by my hon. Friend the Member for Braintree (Mr Newmark) about psychological violence, because the issue is not just bruises and broken bones, although they are easier to see. As important in many cases but much less easy to see are the effects of the psychological violence of a controlling person—coercive control, as my hon. Friend puts it. We need to be better at detecting that. That means better psychological training for some of our social workers and more specialist domestic violence social workers who are able to bring in all the different aspects of the issue, as I have said.

There is also, of course, the question of what we do about sexual violence. We have talked about physical violence. I have just mentioned psychological violence. There is a worrying and growing trend of sexual violence. In this Chamber earlier this week, we had a very interesting debate about the pornification of the young and the influence that violent pornography in particular is having on impressionable young children. I remember a particularly appalling case on “Woman’s Hour” in which a 15-year-old girl had been forced to watch violently pornographic films, videos, by her boyfriend and then to re-enact the sex that had been portrayed in them. That was seen as normal by the boy, but when the girl was asked, “Why didn’t you just tell him where to go?”, her response was, “Well, I didn’t think I had the right to say no.” Again, that was a very depressing response. We need to ensure that our girls in particular have the confidence and the know-how to be able to say no and mean no, and that our young boys do not normalise pornographic violence and unacceptable hard-core sex as what growing up is all about. That goes back to the education process as well.

[Mike Freer]

In terms of helping to stem domestic violence from a very early age, does my hon. Friend agree that our education system needs to be teaching the importance of express consent in our schools, rather than just this implicit “You have to say no”? Boys need to be taught that express consent is required.

[Tim Loughton]

My hon. Friend is right. I alluded to that in relation to respect for relationships and what that means. It needs to be learned by boys and it needs to be learned by girls. We are talking about another aspect of the cancer that is domestic violence that needs to be spotted early. We need to protect the victims, but we also need to ensure that we can protect the children against the long-term and highly damaging consequences of being in a home afflicted by domestic violence.

[Katy Clark (in the Chair)]

I remind hon. Members that interventions should be brief.