Domestic Abuse Bill (Second sitting) Debate

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Department: Home Office
Committee Debate: 2nd sitting: House of Commons
Tuesday 29th October 2019

(5 years, 1 month ago)

Public Bill Committees
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None Portrait The Chair
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I am grateful for your attendance today. I call the Minister to commence questioning.

Victoria Atkins Portrait The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)
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Q 53 Hello, Ms Billingham. You have inspected the police response to domestic abuse for a number of years. What changes have you seen in that time?

Zoe Billingham: Considerable changes. We started this journey back in 2014 with our first report. We called it “Everyone’s business”—slightly ironically, because what we found in 2014 when we looked at the police response to domestic abuse was that, in forces, it most certainly was not everyone’s business. A second-rate service was being provided to victims of domestic abuse when you compared it with that provided to victims of other crime. There was a poor understanding of domestic abuse among frontline officers and insufficient leadership to make lots of promises an operational reality. It was a pretty dire situation that we found in 2014.

We made a series of recommendations. We were hugely grateful for the support of the national oversight group, chaired by the then Home Secretary and Ministers, in holding the police’s feet to the fire. We are also very complimentary of the work police forces have done in the intervening five years to make this a real priority—to focus on domestic abuse in the way it ought to be focused on and to ensure that officers are trained and equipped to deal with domestic abuse, that victims are listened to, understood and taken seriously, and that investment has been made in areas of specialisms and protected, despite reductions in police budgets across the board.

We highly regard and highly commend forces for the changes that we have seen in terms of both the attitudes of frontline officers and the leadership displayed across forces. However, there is always a “but” with inspection findings: the “but” is that there are still a number of areas that forces need to improve on.

None Portrait The Chair
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The acoustics in this room are not great. Some Members have indicated that they have difficulty hearing. If witnesses, both present and future, can boom, that would be very helpful.

Victoria Atkins Portrait Victoria Atkins
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Q I forgot to say that it is a pleasure to serve under your chairmanship, Mr Hanson; I apologise for that oversight.

Ms Billingham, you just mentioned that there are some areas that still require attention. Are you able to summarise those for us?

Zoe Billingham: I can give you a quick rundown of the areas that we identified in our last published report, which was in February 2019.

A better understanding around coercive and controlling behaviour: while frontline officers better understand domestic abuse and what their role is in keeping victims safe and bringing perpetrators to justice, the nuances around coercive control still need to be improved. We recognise that many forces have invested very heavily in training—in particular, face-to-face training, which has been successful. However, there is still further to go.

Issues around identifying risk: how much risk is a victim of domestic abuse at? There is still a lot of variance in how officers identify and classify that risk and inconsistencies in how that is being supervised. In our last report, we expressed real reservations and concerns around the drop-off in pre-charge bail and the protections that that may afford. We are also concerned about the number of occasions on which cases are discontinued on the basis that the victim does not support police action. We would also like to see forces take more action to receive feedback directly from victims of domestic abuse themselves, so they can tailor their services more appropriately to put the victim at the heart of the services provided.

None Portrait The Chair
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The shadow Minister has only just arrived from the Division, so I call Gillian Keegan.

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Alex Norris Portrait Alex Norris
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Q To turn to the role of the commissioner, you mentioned that you can recommend that forces make those changes but you cannot command them. The commissioner will be a big ally for you in making similar public statements about the lack of satisfaction about certain local arrangements that will create significant public pressure for reform. Do you have any reflections on the commissioner’s role or ways that we could seek to improve it or its relationship with you through the Bill?

Zoe Billingham: We welcome the introduction of the commissioner’s role. I have met her briefly. We need to ensure that we, as an independent inspectorate, work closely alongside the commissioner, that we do not duplicate our efforts, and that our learning from inspections is passed to her and vice versa, so that we can continue to set the expectation that is required of police forces. I expect us to work in close concert on that.

Victoria Atkins Portrait Victoria Atkins
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Q On the point about independence, questions have been asked today about the commissioner reporting to the Home Office. You are appointed by the Home Office, or HMIC is. What are your thoughts on your independence?

Zoe Billingham: I would say that we are independent. As you know, Minister, we make recommendations without fear or favour. We are very happy to make recommendations directed at the Home Office and have often done so in our work around domestic abuse. We expect action to be taken not only by police forces or police and crime commissioners but by Departments. I feel extremely independent in my role. I suspect that that will be reflected in the role of the Domestic Abuse Commissioner as well. The fact that I have a relationship with the Home Office does not undermine my personal statutory independence as an HMI or our organisation’s independence.

None Portrait The Chair
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I am grateful for your evidence today, Ms Billingham. Thank you very much. We will move on to our next witness, Nazir Afzal.

Examination of Witness

Nazir Afzal gave evidence.

None Portrait The Chair
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Welcome to the evidence session this afternoon. For the record, please introduce yourself and state your job title.

Nazir Afzal: I am Nazir Afzal. One of my roles is independent national advisor to the Welsh Government on what they call VAWDASV: Violence against women, domestic abuse and sexual violence. Previously I was chief prosecutor, and I led for 10 years on violence against women and girls for the Crown Prosecution Service.

Victoria Atkins Portrait Victoria Atkins
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Q This witness was requested by Plaid Cymru, but I will step into the shoes of Ms Saville Roberts and ask a general question. How will you work together with the Domestic Abuse Commissioner to maximise the impact of the two roles across Wales?

Nazir Afzal: I met with her yesterday, and I very much welcome her. I think she is sitting behind us right now. Obviously, there are restrictions on what she can do: there are devolved areas for the Welsh Government, and she is not permitted to comment on or analyse those areas. There are reserved areas where she can. We agreed yesterday to collaborate, and I know we will do that from here on in. There are opportunities for the sharing of good practice, and there are opportunities for commissioning joint research and things like that. I have no doubt whatsoever that our relationship will be very fruitful.

Alex Norris Portrait Alex Norris
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Q When we looked at this in the Home Affairs Committee, we made the final judgment, after a lot of back and forth, to pursue a Welsh approach—to introduce an Act to deal with violence against women, domestic abuse and sexual violence, as was done in Wales. That is at the nub of the conversation about whether there needs to be a gendered definition. Whenever that is raised, there is the obvious reply about not missing out male victims and survivors. How does it work in Wales? What comfort can you give us that a gendered approach is practical but works for everybody?

Nazir Afzal: We live in the real world, and it is acknowledged that 84%, or thereabouts, of victims are female. Much of the men-on-men abuse, for example, is men abusing, and the vast majority of perpetrators are male. When you recognise that, it does not mean that you ignore male victims. The Welsh Government have been working closely with organisations that support male victims, and I have no doubt that that will continue. Being one thing does not mean that you have to stop being another. That should not cause any problem for us in England and Wales, because it certainly has not caused any problems in Wales.

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None Portrait The Chair
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The Minister wants to come in on this point.

Victoria Atkins Portrait Victoria Atkins
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I just want to clarify that the latest year for which we have figures on marriage is 2016. Of the around 500,000 people who entered opposite-sex marriages in that year, 179 were aged 16 or 17 years old. I just wanted to clarify that for the record.

None Portrait The Chair
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I am going to bring in Carolyn Harris to ask some questions. If anybody else wishes to speak, please indicate now.

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None Portrait The Chair
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Q I am grateful for your attendance at this evidence session. For the record, the maximum time we have for this session is until 4 o’clock. Please introduce yourselves for the benefit of the Committee.

Sally Noden: My name is Sally Noden and I am a children’s service manager in Newcastle.

Eleanor Briggs: I am Eleanor Briggs and I am head of policy and research at Action for Children.

Victoria Atkins Portrait Victoria Atkins
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Q Welcome to the Committee. It would perhaps help the Committee if we could hear a little bit about your work in Newcastle, Ms Noden.

Sally Noden: In Newcastle, I oversee a cluster of services, but one of them is called Breaking the Cycle. This is a service that was specifically designed by us several years ago, when we saw a gap in recovery services for children. We work with children between the ages of four and 16 who have experienced domestic abuse, and we offer them one-to-one counselling.

The way the piece of work is done is that we normally meet the non-abusing partner—normally the mum—and we do a session with her, and then we bring the child in. One of the big points of the model—this is why it is a specialist service—is that we name why the children are there. It is named. That is actually a really big issue for a parent who has spent a long time thinking that they are protecting the child. They realise that the child’s behaviour—the traumatic behaviour that they are displaying —is because of the domestic abuse that they have experienced. We need to spend time with the non-abusing partner, getting them to understand their story and what has happened to their child.

We then offer up to 10 sessions with the child, and they are child-led sessions with the counsellor, using a variety of tools that the counsellor is extremely skilled at using: sometimes they use play, sometimes they use games and words, and they do special box work with the young people. We then have a review session with the child and the non-abusing partner and parent. Some of that is very much around looking at their relationship, because children can be really angry. Suddenly they can be angry and confused, and the relationship between the parent and the child can be really broken, so we need to do some work to improve that parent-child relationship and have an understanding on both sides. That is the work that we do up in Newcastle at the moment.

Victoria Atkins Portrait Victoria Atkins
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Q Thank you very much, Ms Noden; Ms Briggs, please do not think I am going to leave you out. I am going to get straight to the point. The Committee is considering the definition, and at the moment the definition is limited to from the age of 16 onwards. What are your views on that age being in the definition? Perhaps you can go first, Ms Briggs.

Eleanor Briggs: It is certainly a really complex issue and something that we have thought really hard about and discussed in great detail with other children-sector organisations. Ultimately, we agree with the Government’s decision to go for the 16 age limit. We talked in detail to frontline practitioners, such as Sally and others, and to our safeguarding experts, and the final decision we made was that because abuse of someone under 16 is child abuse, we did not want to muddy the waters. We wanted to keep it absolutely clear that under 16 it is child abuse. Also, the age of consent is 16, so that is another factor to consider.

We do recognise, though, the need for support for children and young people in romantic relationships under 16 where abuse happens, and we warmly welcome the recommendation from the Joint Committee around the need for a Government review to look at those relationships. One thing we would stress is that the experience from when the age limit in the definition was lowered from 18 to 16 showed that adult responses are not necessarily the right ones, so a different model could be needed for 16 and 17-year-olds. We would ask that that review consider 16 and 17-year-olds as well. Sally has extensive experience of what services work for young people and how they need to be different.

Sally Noden: It is great that we are looking at it, but we need to recognise those relationships and we need to look at services through the lens of a young person or teenager. An adult service may not meet those needs. In Newcastle, we have a service called West End Women and Girls Centre, which has peer educators, and those peer educators are young people who have been through abusive relationships and are now trained to be peer educators with other young people. That sort of service is really important.

I have experience of a young person working in a service. I was in a children’s centre and I was running the Freedom programme, which is a social educational programme. This young person was 17 and I suggested that she came on to the programme, but there were women who were much older than her and their experiences were very different to her experience, and she did not feel as valid. I learned from that mistake. She did not feel valid because her relationship was an 18-month relationship and she was listening to women who had been in abusive relationships for 30 years. I did a lot of work with her after that. We absolutely need to recognise that there are abusive relationships, but we need to have the right responses for them.

Carolyn Harris Portrait Carolyn Harris
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Q For me, children who experience domestic violence are victims—there are no two ways about it—and we know that it can be a vicious circle. What more can we do to break the cycle of victims becoming perpetrators?

Sally Noden: We need to have the right services and we need to invest in services for some of our young victims. In Newcastle, we have one of the only specialist services. In the past four months, I have had 59 referrals, but I have one and a half counsellors. In the sense that the resources are not there to do the work, we need to look at some peer education work and work on what healthy relationships are about. We need to look at some early intervention work, but then there need to be those specialist services to help break the cycle. There are a number of fantastic programmes out there, such as the Drug Abuse Resistance Education programme and the Domestic Abuse, Recovering Together programme, but again, from my experience in Newcastle, we had the programme running, the funding stopped, and it has not run again. It might come back again. We need to have the right resources to have the right community responses.

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None Portrait The Chair
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We are grateful for your attendance today.

Victoria Atkins Portrait Victoria Atkins
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Welcome. We are very interested to understand the impact that domestic abuse can have on older people. Ms McCarron, could you help us understand what action you would like to see the Domestic Abuse Commissioner take around older victims of domestic abuse?

Emily McCarron: Certainly. When we are talking about older people and domestic abuse, those circumstances are often very much overlooked. We want older people who experience domestic abuse to start getting the support that they need. With this Bill, there is an opportunity to remedy that.

The first thing of crucial importance is that we do not know much about how much older people are experiencing domestic abuse. We know that about 140,000 older women and 74,000 older men experienced domestic abuse in the past year—therefore more than 200,000 older people. We know also that they face many barriers to reporting this abuse, so that figure is likely to be much higher. Of particular importance is the fact that data collection on the incidence of domestic abuse stops at 74. We would like that to be changed and fixed on the face of the Bill, so that data on domestic abuse is collected for all ages, not just under the age of 74.

Victoria Atkins Portrait Victoria Atkins
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Thank you. Ms Todd, will you explain what Respect does as an organisation, and then help us with the Drive project? I will then ask you about the lessons that can be learned from that programme in relation to the positive requirements in the domestic abuse protection orders.

Jo Todd: Respect is a membership organisation. We focus on perpetrators of domestic abuse, male victims and young people, particularly those that use violence, abuse and controlling behaviour in their family home and in their intimate relationships.

The Drive partnership started off as a project between three organisations: SafeLives, Social Finance and Respect. It was to develop a service delivery model for perpetrators causing high levels of harm. That partnership came together about five years ago, and we have worked on developing that service delivery model. It is now just about to publish the third year evaluation report: the University of Bristol has been our evaluator all the way through. That has shown really positive findings. They are not quite out yet, but they are all in the right direction.

Part way through that partnership, we began to have conversations about the strategic needs around perpetrators: not just looking at one part of the perpetrator cohort— the perpetrators causing the highest levels of harm—but actually looking at what is needed by the whole cohort, and what a good whole-system approach would look like. We have reached out to others in the sector and developed what we have called a call to action for a perpetrator strategy. I can go into that in more detail if you like, and can certainly submit it as written evidence. We have a draft of that, and more than 60 organisations have signed up to it.

It looks at the comprehensive strategic approach that we think is needed for perpetrators. The spotlight has been on victims for too long: keeping themselves safe, keeping their children safe, keeping each other safe. Perpetrators have been very invisible, or if they have been visible the approach to them has not always worked. We need an approach that stops domestic abuse happening. That can work in different ways. You can have behaviour change programmes. I have worked on behaviour change programmes with perpetrators. There are men out there who want to change, who recognise the harm they are causing, and are motivated to change. They may be the ones that Sarah Newton was mentioning, who have grown up around domestic abuse. It is all around them in their community, and they do it without even considering that there are other ways of having relationships.

We need to offer those people opportunities to change, but we also need to be clear that we hold them to account when those opportunities are there and are not being taken by them, and that we have robust measures in place through the criminal justice system and also through a multi-agency approach that will stop their abuse, and limit them from being able to be abusive and controlling in their relationships through a series of actions that different agencies can take. We call it disruption. It can be housing, or it can be a police-led response. Lots of children’s services are included. There are lots of different ways in which agencies can disrupt perpetrators and stop them causing harm.

Victoria Atkins Portrait Victoria Atkins
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Q Thank you. Will you give us an insight into the work, to add a bit of colour to the picture you paint? For example, I visited the Drive project in Croydon. What sort of cases will some of the workers in Croydon or elsewhere be working on, and how do they interact with those perpetrators? Also, what happens with the victims at the same time?

Jo Todd: That is a really good point. When you work with perpetrators, it should always be alongside a programme of work that keeps victims safe too. That is the approach taken by the Drive project. The victim will always be offered support but also information about the perpetrator, about whether or not he is changing and about what the risk levels are, to help her make decisions for herself.

The Drive project is a case management-based system. There are case managers who will have perpetrators on their books, who are all levels. Some of them might be in and out of the criminal justice system; some of them may be in prison and coming out. They work very closely with the probation and prison services, as well as the police. They are often resistant to change. They are not in the place I was just speaking about, where they have recognised their behaviour is a problem and they want to change. They often have multiple needs themselves. Sometimes that is trauma in their own lives; sometimes it is drug and alcohol problems and mental health problems. They are often, but not always—this is always often, but not always—unemployed or have housing problems or chaotic lifestyles that mean that engaging in any kind of intervention might be difficult.

The caseworker will take a view on whether it is appropriate to engage directly with that person, or whether to work behind the scenes in a co-ordinated multi-agency way to start tightening the net around them and to start making sure that every agency is aware of the problems they cause and the risk of harm there is and can take appropriate action. Someone mentioned earlier the carrot and the stick. It is very much that. It is, “We will work with you if you work with us, but if you won’t, we will use everything we can to stop you being able to be abusive.”

Victoria Atkins Portrait Victoria Atkins
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Q Just a last question. Referring back to the domestic abuse protection orders and notices, but particularly the orders, in the Bill, what are your thoughts on the fact that judges can make negative requirements—for example, “Do not go within 100 metres of that address”—but also positive requirements, which may include attending a perpetrator programme?

Jo Todd: It is true of any intervention around domestic abuse that it has the possibility to solve the problem and be safe and effective as an intervention, or to make things worse. Whenever we are looking at developing new things, and DAPOs and the positive order requirements are one of those, we need to really think about how this might raise the risk, as well as how it might reduce it. There are concerns—about not putting enough resource in and not being specific enough about what the positive order requirements are—that mean it could go in the wrong direction. We are hoping to work with you and possibly put amendments in to make sure that that does not happen.

With certain things, such as the specified responsible person who recommends to the courts what should be included in the DAPO and then is responsible for monitoring that requirement, there is not at the moment the same level of specification about whose that role should be. The Government may already have plans and thoughts around who would fill that role: whether it be probation or police, I am not sure. However, at the moment, that is not clear. It is really important that that role is of high quality, is an expert, is able to assess suitability and risk for various different interventions, and is then able to manage that risk. That is an important part of it.

Quality assurance is key, and you know that Respect has a set of standards for perpetrator work. When new interventions come up, we have to flex those standards and think about what is appropriate for the new types of work. It is really important that there is quality assurance around the DAPOs and the role. That means really thinking hard about what those positive requirements might be. Is it a range of requirements? What I would like to see, and what we have advised the Home Office on already, is not just having a one-size-fits-all short intervention, which I think is the risk, but having at your disposal the kind of things we have talked about already that Drive has got. You could just say, “You can go on this behaviour change programme for six weeks,” or something like that, but if someone is not suitable for a behaviour change programme because they are resistant to change and their lifestyle is chaotic, there is no point putting them on one. They will sabotage the whole process for everyone who wants to be on it. In that case, the disrupt and the case management element of Drive would be suitable.

I would like the DAPO to have the flexibility to be able to say, “You are suitable for this and this, but not this, this and this.” Obviously, it all takes resource to be able to do those assessments. I am plugging the call to action and strategy on perpetrators, but if the Government were able to comprehensively write a strategy on perpetrators, it would cover all those things, ensure a range of activities and have to be in every geographical area, and that is a real challenge; that is really resource-intensive, but I think you would see results.

We know the costs of domestic abuse are astronomical—I am sure everyone in this room knows the £66 billion a year figure that the Home Office published earlier in the year. I do not think the public realise that £66 million is frittered away on the social and economic impacts of domestic abuse. If we were to use some of that money in a proactive and strategic way to address the cause of the problem—the perpetrator—we would start to get somewhere.

Carolyn Harris Portrait Carolyn Harris
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Q We know that victims change the way that they behave to stop a perpetrator abusing them. What can we put into legislation to put the emphasis on change on the perpetrator and not the victim?

Jo Todd: Some of it—some of the things I have mentioned—goes alongside the legislation. Domestic abuse legislation is focused on responding to abuse that has already happened, which of course is really important, but we need to prevent it from happening or stop it happening again if it has already started. That is hard to put into legislation. Some things have been suggested, such as polygraph testing—that is in the Bill at the moment.

I think you could spend your money a lot more wisely than on polygraph testing, and really think about GPS tracking. It has been piloted around the world, but in Spain in particular, and has been very successful. In case you do not know, because technology has moved on so much and we are all running to keep up with it, the tags that people on probation can have when they are released into the community can restrict them from going into wide geographical areas. You can put protections around victims, such as a 10-mile radius, or saying that he is not allowed in a certain town or cannot go where the school, the hospital or her mum’s house is, and all the travel in between those places. You can programme those tags. I would like money to be put into those kinds of things. If probation took forward technological advances, that would be really interesting to pilot, rather than polygraph testing. I didn’t know if anyone would ask me about that, so I thought I would get it in.

I keep coming back to quality assurance, but if I was putting anything into the Bill, it would be around the standards for work with perpetrators and the commissioning guidance around that. At the moment, commissioners are sometimes flailing. They want to do the right thing, but they have limited budgets. It is great when commissioners take notice of our standards—quite a lot do—but they are not compelled to, so some do not. Standards that are looking at safe and effective practice need more money than quick, cheap options.

I would look at putting an amendment in the Bill on quality assurance in perpetrator work. I have had a conversation today with the Domestic Abuse Commissioner on how that might fit with her role and with her oversight. There is still a bit of thinking to do about that, so I would be happy to take that forward with the Home Office, although we have all been watching the news today and are not sure where we will be in a few weeks’ time, but the positive thing is that everyone—in this room, it is a cross-party group—wants to take this Bill forward. Whoever ends up in government, and whatever form of Government we end up with, I am hoping will take forward the Bill. Again, that is something that the sector would appreciate some reassurance on. We will all be knocking on the doors of the people writing the manifestos really soon, to get some of the things that we want from the Bill into manifestos. You will be expecting us, I am sure. Does that answer your question?