Victims Strategy

Tom Brake Excerpts

Thursday 11th October 2018 Commons Chamber

[Paul Scully]

I do not think that that applies in the case that I have mentioned, but the hon. Lady has made a very interesting point.

We need to do more to ensure that victims cannot be questioned by perpetrators, which, effectively, extends suffering for many years.

There have been more than 100 victims in London this year. We have seen victim after victim portrayed in photographs in the Evening Standard. That senseless loss of life is often, but not solely, a result of gang activities. It is important to remember these victims’ names, from Kyall Parnell, who was only 17 and who was stabbed in Tulse Hill on New Year’s Eve, to Sandra Zmijan, whose body was found in a back garden in west London only about three weeks ago, on 24 September.

Just this week I was walking through Victoria station on my way to Westminster, as I usually do on my daily commute, and saw members of the Metropolitan police and some family members and activists handing out leaflets and posters. They wanted to find one of the most wanted people, Shane O’Brien. He murdered someone three years ago, and we must not forget his victim’s name: Josh Hanson, who was murdered in Eastcote in Hillingdon three years ago. They are trying to find Shane O’Brien and bring him to justice, so that Josh Hanson’s family, who are victims as well, can have some justice. If anybody can help, the incident room can be reached on 0208 785 8099, or people can report via Crimestoppers. We need to look at all these things as part of a holistic solution in London and across the country.

That wider solution includes ensuring we can protect our police on the street. I am working closely, as our party’s vice-chairman for London, with Shaun Bailey, who is talking about putting 1,000 more police on the street, using lessons from New York, which is utilising artificial intelligence and technology to release police from certain activities and on to the frontline. But this is not just about money, although that is important—I know every London MP of every political hue calls for extra resource for the Met police; it is also about how that money is spent. The Met police have £110 million from Government—from the precept, and therefore from the Mayor as well. So this has come from right across the board: the Mayor has the money, and he has given it to the Met police, and now we have to make sure that they can use it effectively to recruit the policemen we need.

We must move on from that consideration, too, because by the time someone has a knife in their hand and a policemen has found them, it is too late. We need to reach these people far earlier—not at secondary school, but at primary school.

The victims strategy fits in well in the London knife crime context not just through the ability to give someone who has been a victim and is a member of a gang the emotional support they need, but by having a way of removing them from the situation that would allow them to enter into gang retribution, so that we can break the cycle. The victims strategy can be used as a method of breaking the cycle, too.

[Tom Brake (Carshalton and Wallington) (LD)]

I thank my near constituency neighbour for giving way, and he is right: he and I have attended many events to commemorate the work done by Ray and Vi Donovan. Does the hon. Gentleman agree that restorative justice must be part of a holistic solution for victims? Even in very serious cases, for instance involving people who have been assaulted, some victims find that restorative justice can contribute and help them even if they have been badly affected by a crime.

[Paul Scully]

The right hon. Gentleman is right. I have no idea how Ray and Vi Donovan had the chutzpah and courage to meet the people who murdered their son. They have such an inner strength, and they still exude that to this day; people can see that every time they meet them. The right hon. Gentleman is right that to understand can bring some sense of closure and sense that justice can be served in full, so that a victim’s family and friends can move on with their lives as well.

The victims code is already in place, but research for the strategy found that people do not know that the code is there; only 18% of victims understand that it exists, so often they do not know what support is available for them. The strategy talks about the fact that the utmost respect should be afforded to victims and so forth. These are basic requirements, frankly, that we would expect everybody to already appreciate. None the less it cannot be said loudly enough that there is a strategy. Too often in any area of government these considerations can be lost in bureaucracy and we can forget that these are real people—that they are individuals who need individual, tailor-made support.

I have talked about domestic violence refuges around the country and the £18.8 million of welcome funding that is already going into accommodation services. I urge the Minister and the Government to make sure that that money goes into supporting local authorities, as they are best placed to know the resource needed in their local area, but they might not always have the capacity and expertise to be able to roll that out, because we know that two thirds of women fleeing domestic violence are not going to want to stay in their local area. They will have to move from their local area, so just going to their local authority is not necessarily enough. Any move the Government can make to support local authorities in adding expertise will be gratefully received, rather than just letting them tackle that in isolation.

I welcome the Minister’s words about the greater use of video. That is fundamental, and will ensure that victims do not have to make testimony after testimony, repeating the experience they have had and bringing it back to them. Instead they can have a sense of finality and closure by reporting it once, getting through their testimony once, and then bringing the perpetrator to justice. That will speed up the system and allow victims to move on with their lives.

[Sarah Champion (Rotherham) (Lab)]

I thank those in the Chamber for their kind words. We all do the best that we possibly can for our constituents and the most vulnerable, and sometimes the consequences of doing so are a little startling, but colleagues have given me the confidence to keep on going, and I appreciate that.

Like many in this House, I regularly meet victims of crime before, during and after their involvement with the judicial process. Regrettably, very few have ever received the level of care, support and service that they should be able to expect. Sadly, what I hear most often is how traumatic the experience was. Survivors of child sexual exploitation will invariably tell me that their encounter with the judicial system was a second form of abuse.

The Minister’s commitment to victims is admirable, and I will do all I can to support him in making the long overdue changes both in practice and the law, but we must now see real changes in how we support victims of crime. The Government’s plan to address the current deficit is most welcome, but we now need to focus on the detail. There are statements about co-ordinating and about combining and reviewing the effectiveness of funding, but, with the exception of the £8 million increase in funding for sexual assault referral centres—SARCs—over the next three years, there appears to be little additional money entering the system. The Government’s plans to reform the current funding streams do not appear to be fully formed. Minister, what is actually needed is simply more cash in the system.

In the strategy, it is acknowledged that in the current system for some victims,

“support is not always available as and when victims need it.”

That is correct, but it is the solution to this problem that we look to the Minister to deliver.

There are two areas of consideration in terms of victim support: first, the provision of early intervention services at the point of disclosure, such as SARCs; and, secondly, the accessibility of universal long-term services, such as mental health support, housing and benefits to victims in need of ongoing support. SARCs are of course crucial. A Council of Europe study found that there needs to be one sexual assault centre for every 400,000 women. According to the Office for National Statistics, there are currently 28 million women in England, but there are only 47 SARCs, leaving us 14 short of the recommended minimum standard. Please will the Minister look at making sure that this gap in provision is addressed, and that there is a SARC for everyone, regardless of where they live?

Providing such services is not just good for the victim; it is also good for justice. Bristol university has just demonstrated the vital role of independent sexual violence advisers—ISVAs—in improving criminal justice outcomes. Analysis of 585 rape cases showed that 36% had the support of ISVAs. Where an ISVA was involved, 43.2% of suspects were charged, as against 21.5% without their involvement. Convictions followed a similar pattern: a 12.3% conviction rate if the victim had an ISVA, as against 5.4% if they did not.

Predominantly, victims services are commissioned by police and crime commissioners using grant funding, but they are hamstrung by the Ministry of Justice, which generally makes grants on an annual basis. This means that small charities receive only short-term funding, which contributes to precarious finances, job insecurity and an inability to plan, making it much harder for them to invest in local services for the long term. As part of the review, will the Minister please commit to additional funding for services that act as first responders to victims, and consider granting PCCs grants for victims services for a period of more than one year?

The need for long-term support for services becomes even more pressing as there is so little detail in the strategy on securing such support for victims. SARCs and other victims services are brilliant at providing an emergency care package and then referring on to other services, yet too many victims receiving an assessment of their needs at a SARC face delays in accessing the recommended therapeutic services. The situation is worse for child victims. A University College London study this year found that 80% of girls aged between 13 and 17 experiencing sexual assault had at least one mental health disorder after five months, and that 55% had at least two. Last year, the Children’s Commissioner said:

“We know that most adult mental health problems start in childhood and that without treatment, children’s problems are likely to get worse.”

It is therefore appalling that Public Health England found in 2016 that only 25% of children who needed mental health treatment received it.

Where statutory services are unable to support victims, third sector organisations desperately try to make up the shortfall. Organisations such as Rape Crisis provide vital lifelines for victims and survivors in their time of crisis, yet they are unable to meet the demand with their current levels of funding. More than 6,000 women and girls are currently on Rape Crisis’s waiting list, and in my constituency, the Rotherham abuse counselling service has 260 people on its current waiting list. The average waiting time is now seven months. Not to address this is not only morally but fiscally irresponsible. To support victims of crime in a professional and timely manner enables them to quickly rebuild their lives. If we do not do that, the cost to the state resulting from, for example, mental health issues, drug and alcohol dependency, self-harm and issues around maintaining a job or relationship as a result of the crime will cost the state much more in the long term, not to mention the damage to the individual. Because of this, I urge the Minister to consider providing good-quality, statutory, immediate interventions followed by a seamless transition to statutory longer-term care for every victim and survivor of crime.

The victims strategy is an excellent first step, but for it to become more than words on a page, it must place a statutory duty on PCCs to publish a local victims’ offer that sets out the minimum standards for supporting victims. It is my view, given their responsibility for commissioning victims’ services, that PCCs are the best placed to co-ordinate this offer. It should include details of the services they are commissioning and the contributions of other key partners, including local authorities, health services and the third sector. Such an approach would force co-operation and encourage transparency, requiring local partners to use their funding and expertise to plug the gaps in the existing provision. The Victims’ Commissioner could then be mandated to hold the PCCs and partner agencies to account for the quality of their victims’ offer against an agreed gold standard.

[Tom Brake]

Does the hon. Lady think that PCCs might have a role to play in ensuring that all those who need to be trained to identify victims are properly trained to do so? I am talking about not only specialist staff but everyone in the voluntary sector, the police and elsewhere. In order to ensure that those services, which are often in great demand, can be accessed by victims, we need to ensure that those people have the right training to identify the victims in the first place.

[Sarah Champion]

I agree with the right hon. Gentleman’s point. I know that a number of businesses are now training staff and colleagues to recognise the signs of domestic abuse and to support the victim by signposting the issue to the right agency.

I am now going to turn to my pet project. It involves a Government agency that is wilfully traumatising victims and operating a subjective system that often runs in the face of the law. Accompanying the announcement of the new victims strategy, it is most welcome that the Minister has announced a broad review of the criminal injuries compensation scheme and of the agency that administers it, the Criminal Injuries Compensation Authority—CICA. The scheme exists to provide compensation to victims of crime. Money can of course never heal the wounds, physical or mental, suffered by the victims of crime, but victims should at least be able to expect to receive the compensation to which they are entitled without those mental wounds being reopened by the administration body set up to support them. In short, CICA needs a radical overhaul to make it a victim-centred agency.

Victims’ needs, their rights and their wellbeing should be at the core of everything CICA does, but the reality is very different. My constituents’ experiences of CICA have been that it exists not to support them, to honestly assess their claims or to award redress for their suffering, but rather to pursue every possible option to deny their claims. This can include questioning their injury, questioning the rulings of courts, or more appallingly, accusing them of complicity in their abuse. At every turn, CICA ignores the needs of victims in order to maintain its balance sheet. The Minister’s review of the scheme cannot come soon enough for victims. Having supported a number of constituents through the process of making a claim, and through my extensive work with victims charities and organisations, it is abundantly clear to me that what is needed is a complete change in the culture of CICA and in how it treats the victims of crime. To be blunt, CICA’s attitude to victims stinks.

I first became aware of the failings of CICA as I was supporting victims and survivors of the appalling child sexual exploitation that took place in Rotherham. As the victims came forward and the investigations and prosecutions progressed, a number of my constituents pursued compensation through the criminal injuries compensation scheme. Those young women had been through the most horrendous abuse. Their childhoods were stolen from them by criminal gangs who groomed them, trafficked them and repeatedly raped them. For many, the psychological damage they suffered as children continues to haunt them years later, yet many of their claims for compensation were denied by CICA. Problematically, the rules of the scheme state that victims and survivors who have convictions, even for completely unrelated issues, must have their compensation awards reduced or withheld. This rule is particularly pertinent in cases of child sexual exploitation.

--- Later in debate ---

[Tom Brake (Carshalton and Wallington) (LD)]

Through you, Mr Deputy Speaker, may I thank Madam Deputy Speaker for letting me make a brief contribution this afternoon, and may I apologise to the Minister for not being present for his opening remarks? I particularly regret that because he provided a one-to-one briefing for my friend, Baroness Brinton, on the victims code, and he was very engaging in that process—I might refer to some of the points that she raised during that discussion.

I wish to restate the commendation made by the hon. Member for Sutton and Cheam (Paul Scully) for Ray and Vi Donovan and their work on restorative justice, because he and I find them truly inspirational. Every now and again we come across people who really have an impact, and what they have been through, and how they used it to further an invaluable cause—that of restorative justice—is inspirational and they deserve to be described in that way.

I wish to make two points. In an earlier intervention I mentioned the importance of training and of ensuring that all those who need to be able to identify victims are suitably trained. That is not just about specialist staff, because if the first point of contact is a helpline where perhaps training has not been given and a person is not identified as a victim, that person then has no chance whatsoever of accessing services. I hope that the Minister will respond briefly on training and how he sees that being taken beyond just specialist staff.

Unless the Minister did so in his opening remarks, I do not think anyone has referred to the importance of providing support to victims and their families after a homicide abroad. A number of Members may have been involved in cases—as have I—that involved serious assaults or murders that took place abroad. One case I was involved with related to a murder that allegedly took place in a Brazilian police station. Although everyone appreciates how difficult it is for victims’ families in this country to get the support they need when a homicide takes place in the UK, people will understand how much more difficult it is for families whose loved ones have been murdered abroad, given the challenges of different legal systems, languages, and criminal systems that are often far inferior to ours.

The Minister has given an undertaking that the victims strategy will consider enhancing support for victims’ families after there has been a homicide in the United Kingdom, but I hope that when he responds to the debate he will also say whether the Government will ensure parity in the support given to victims’ families when a homicide takes place abroad.