Victims Strategy

Vicky Foxcroft Excerpts

Thursday 11th October 2018 Commons Chamber

[Vicky Foxcroft (Lewisham, Deptford) (Lab)]

I will try to keep my remarks brief, as I do not want to repeat the comments made by many colleagues this afternoon. I do want to echo some of the points that have been made, however, particularly by those who have pointed out that we have been waiting for this strategy for far too long. The Government promised in 2015 to enshrine rights for victims in law. Three years later, the Government are still not announcing primary legislation but, instead, another consultation, which we are told to expect some time next year.

For it to take more than three years to achieve this is, quite frankly, not good enough. I know from people in my constituency about their issues as victims struggling to navigate the criminal justice system. They have suffered delays in responses, a lack of communication and have even found out that offenders have been released without their knowledge.

A survivor of sexual assault from my constituency told me she felt “punished” by the system. After being raped, she had to wait months before her case was sent to the CPS. There were delays in the case and, during that time, the rapist had been accused of sexually assaulting someone else. More delays took place while the CPS decided if the cases would be tried separately, together or at all. She then found out that some of her evidence was lost by the police, creating yet more delays. Following all this pressure, she developed post-traumatic stress disorder and had to take a lot of time off work, hugely impacting her career. Until the case is closed, it is impossible for her to move on with her recovery. Every time she has to deal with the police, it triggers her PTSD.

The experience many victims have of the criminal justice system is frankly disgraceful. We need a victims law with teeth and I am concerned that without huge changes across Government, victims’ experience of the criminal justice system will not get better. How can the Government seriously improve the experiences of victims while slashing funding for legal aid and cutting police budgets?

In the past eight years, 21,000 police officers have been axed across the country. Police forces are stretched, and the number of cases that are closed without being resolved keeps increasing. This year, the number of rape cases resulting in a conviction was the lowest in a decade, and the CPS was criticised for dropping cases despite strong evidence. It is no surprise that many victims are left wondering whether they should have even bothered reporting something to begin with.

In my constituency, I know that members of my community have been reluctant to speak to the police in the wake of violent crimes. Witnesses worry about their safety when speaking out, especially in areas where trust in the police is low. I am thinking of one family in particular. My constituent Sharon’s son was murdered three years ago. Sharon never felt supported by the judicial system. There was no emotional or practical support. When her son’s case went to a retrial, Sharon had to go through the pain of reliving her ordeal all over again, but if justice had been served, it would have been worth while. At the end of the retrial, the case was closed without any convictions.

The lack of a conviction has been devastating for Sharon and her family, but it has also had an impact on the wider community. When such cases are left unresolved, it can damage a community’s faith in the criminal justice system and make it less likely that witnesses will come forward in future.

Then there are the cuts to legal aid. The number of people standing up in court with no legal advice or representation has risen unacceptably under this Government. Last year, two out of three people appearing in court had no legal representation whatsoever. That is shameful. One family in my constituency resorted to crowdfunding for legal fees after their daughter died in the care of a private mental health clinic. Her family want to make sure nothing like this ever happens again, but they had no automatic right to legal aid for an inquest. They met obstacles at every stage. Reviews were cancelled at the last moment; the coroner was dismissive and aggressive to them on the phone, and they had to fight for a judicial review to replace the coroner, which would not have been possible without crowdfunding yet again from the public. I agree with the hon. Member for Walsall North (Eddie Hughes), who said that although it is great that people give to crowdfunding appeals, we should not always rely on that.

Access to justice must be a fundamental, democratic right. Instead, we have reached a point where justice is for those lucky enough to afford it. For all the families who have been impacted, in Lewisham Deptford and across the country, we must seek a victims law as soon as possible. They should not have to wait any longer.

--- Later in debate ---

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

There has been some consensus in the Chamber about the direction of the victims strategy. I certainly agree with the Minister’s statement that how we treat victims is an indication of the kind of country we are. Sadly, though, as we have heard—Members from all parties have talked about some heart-rending cases—that support is not there as often as it should be.

Although we have seen improvements over the past 20 years, many victims, particularly victims of personal or sexual crimes, lack the confidence to come forward, lack proper support if they do, and face an unacceptable ordeal if their case gets to the courtroom. When they do come forward, victims of crime regularly complain that communication and treatment are consistently poor across all criminal justice agencies. That really has to change, and I know that the Minister recognises that.

I genuinely welcome the Government’s victims strategy and have considerable regard for the Minister, who was formerly my co-chair of the all-party group on dementia. However, like many of my colleagues, I am concerned that, more than three years since the promise was made to legislate for a victims law, we are still waiting for one.

The Minister will be aware of the plethora of codes, charters and guidance that have moved support for victims on, albeit too slowly, but without it being enshrined in law the effectiveness of the changes is inconsistent. As has already been mentioned, we need to consider the financial and operational pressures on the criminal justice system. That was highlighted in this week’s “Dispatches” on screening out crimes. There is a danger that services to victims will come a poor second priority to operational demands.

Recently, I met my excellent chief superintendent who operates not just in Oldham, but in Rochdale and Tameside—when I was first elected, he was just based in Oldham, but now he has to cover three areas. I know that the force struggles to deal with the full range of policing duties. It is at crisis point, as the police have to cover many issues that, previously, social services, particularly children’s social services, would have dealt with. What will happen to those forces in the future? We do need greater support for victims in the policing system, so what will happen to that support given the difficulties that the force currently faces?

This week, the Victims’ Commissioner for London and founder of Voice4Victims, Claire Waxman, stated:

“The Government’s victims’ strategy aims to improve victims’ experiences, but unless they address the cuts to police funding, victims will continue to feel ‘ignored’. This impacts communities who will feel vulnerable and at risk.”

In addition, the closure of more than 230 courts since 2010 leads to victims facing longer travelling times, and that is hardly offset by the improvement in waiting facilities, which was also promised in the strategy.

The victims code was a significant and positive development when it was introduced in 2005 and it should be supported, but although its provisions remain important, they are not directly enforceable, which is why a victims’ law is so urgently needed. I gently repeat my disappointment that, in addition to the concerns about cuts to the criminal justice system and more widely to public services as a whole, we have not had that commitment to the victims law.

I welcome many measures in the strategy, including the reform of the criminal injuries compensation fund. However, the description given by my hon. Friend the Member for Rotherham (Sarah Champion) of the organisation that manages that fund was absolutely shocking. I congratulate her once again on everything that she does for victims of child sexual exploitation. It is important that we fund that system so that we address the significant financial pressures that victims face. Also welcome is the promise of new guidance on pre-trial therapy and the recognition of the need for dedicated support for victims, but we need to go further.

PC Nicola Hughes was one of my constituents. Members will remember that she, along with her colleague PC Fiona Bone, was cruelly murdered six years ago in the line of duty. Nicola’s father, Bryn Hughes, has suggested that more needs to be done to provide immediate financial help for practical things such as funeral costs and travelling costs to and from courts. As a divorced parent, he has said that more needs to be done to ensure that both parents are supported and kept informed during and after the investigation and trial. Again, that does not always happen.

I have to say that I was horrified to hear about the family of our former colleague, PC Keith Palmer. They were not able to get legal aid and had to rely on pro bono support when it came to the inquest. Surely that shames us all. Given the dedication and support that our police officers give, that really does show how much they have been let down.

Many campaigners have also expressed disappointment that there is no commitment to appointing the independent advocates for victims as a single point of contact to help navigate the criminal justice system. I recognise the role of the public advocate, but, as described, it is not broad enough as those advocates will not be able to represent bereaved families at inquiries or at inquests. Again, I would welcome hearing something from the Minister on that.

Last month, when the Minister presented his statement on the strategy, I raised the very distressing case of Liane Singleton, who was brutally murdered in 1998 by Paul Stowers. What the family went through was really absolutely atrocious. Liane was mutilated and her body parts were put in bin bags. It was horrendous. How any parent can recover from that, I have no idea.

Liane’s parents, Gordon and Jacky Singleton, are my constituents. They have been trying to prevent the release of Stowers, including by petitioning Parliament back in July. Last month, they found out that they had failed and he is due to be released next month. They felt dreadfully let down by the criminal justice system and totally powerless to influence the Parole Board. I know that the Parole Board will be taking steps to ensure that there is a presumption that a victim’s personal statement can be read in hearings.

[Vicky Foxcroft]

From experience in my constituency, I know about the horrific events that people go through, and having to relive them causes trauma for families and local communities. Does my hon. Friend agree that this is why it is so important that we get a victims law?

[Debbie Abrahams]

I am grateful to my hon. Friend for intervening to give me a moment. It has been quite traumatic just listening to Jacky and Gordon, but it puts into context the importance of what we are doing here, including all of us who have stayed to represent our constituents.

The Parole Board will listen to the personal statement, but I welcome anything the Minister can say about how this will be taken forward. He mentioned that this will be reviewed in January, but I would welcome a bit more detail about that and the new rules that will be required.

I share the view of the Victims’ Commissioner, Baroness Newlove, that any challenge mechanism should not require members of the public to have to crowdfund to pay for legal representation, and that a reconsideration process should be judge-led. Recognising that it is likely that the majority of reconsideration applicants will be offenders, will the Minister commit to a speedy and properly funded process to ensure that the benefits to victims of having the right to challenge a decision is not outweighed by the distress caused to other victims of waiting months for a final parole outcome?

I have met with the group Justice After Acquittal, founded by another constituent, Ann Roberts, and Carole Longe, to whom I pay tribute for their many years of hard work and campaigning for murder victims’ families. As the Minister will know, bereaved families are very concerned that when a family member has been killed and no one has been brought to justice, or when there has been an acquittal, there has been very little by way of a framework governing whether and when the case will be reviewed by police and prosecutors.

Last year, the national standards of support were launched by the CPS and the Metropolitan police—I pay tribute to my right hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer), who did a lot in his previous role to bring this about—and their work with Justice After Acquittal has been very much welcomed. However, I would be grateful if the Minister let me know how these standards are being monitored. How many families have been offered and have taken up the offer of a post-acquittal meeting since its introduction?

The Government should be on notice that we are not prepared to wait much longer for the victims law. Victims need to be informed, supported and listened to. They need to be able to challenge decisions on their cases now. They need their rights to be placed into law so they are central to our criminal justice system. The victims code should be put into primary legislation and independent advocates should be fully funded to draw up a support package to meet the victims’ needs, represent them in dealing with agencies and support them at every step of a trial.

I will continue to press the Minister to look again at a mechanism for providing independent advocates to help victims to navigate the complex and intimidating criminal justice system, in addition to registered intermediaries following the Victims’ Commissioner’s statement that the number of registered intermediaries must rise to meet demand. I do not believe that an increase of 25% is anywhere near enough.

Finally, from a victim’s point of view our justice system is not fit for purpose. The family of Liane Singleton, facing the imminent release of her killer, feel let down. Others such as Carole Longe, Ann Roberts, Bryn Hughes and Claire Waxman, to name but a few, have had to campaign for years following failures in the criminal justice system to protect victims’ rights. For too long, victims have felt like an afterthought in the process. The Government continue to produce strategy documents, but victims need action now. I will not let the Minister rest until he has finally introduced a victims law.