Victoria Atkins
Main Page: Victoria Atkins (Conservative - Louth and Horncastle)Department Debates - View all Victoria Atkins's debates with the Home Office
(4 years, 6 months ago)
Public Bill CommitteesHope springs eternal for what I am covering here being in the regulations. Had we seen the regulations, we would not have to debate whether it is going to be in them. Unless the regulations are drawn according to clearly defined grounds, I fear that there is a real risk that people will just say, “Yes, I am a provider for victims of domestic violence.”
I just draw the hon. Lady’s attention to subsections (9) and (10). Subsection (9) reads:
“The power to make regulations under subsection (8) may, in particular, be exercised to make provision about—
(a) the procedure to be followed by a relevant local authority in preparing a strategy;
(b) matters to which a relevant local authority must have regard in preparing a strategy;
(c) how a relevant local authority must publish a strategy;
(d) the date by which a relevant local authority must first publish a strategy;
(e) the frequency with which a relevant local authority must review its strategy.”
Subsection (10) states that, in making the regulations,
“the Secretary of State must consult—
(a) the Domestic Abuse Commissioner,
(b) relevant local authorities, and
(c) such other persons as the Secretary of State considers appropriate.”
We are trying to be as open and transparent as possible in drawing up these regulations.
I absolutely agree, and I have no reason to doubt that there will be transparency in drawing up the regulations. However, I am not entirely sure why we cannot include in the Bill our opposition to that sort of accommodation. The amendment would require that the relevant accommodation, as defined in regulations, must be safe for survivors and their children and that the definition must include refuge services. All I am seeking is assurances that that will be included in the Bill. What is the point of making laws unless we are going to lean on them when things go wrong? We need a document that states that.
Again, by way of safeguarding, the local authorities are doing what is intended by the Bill. I draw the hon. Lady’s attention to clause 55, which states that the local authority
“must submit to the Secretary of State an annual report in relation to the exercise of the authority’s functions under this Part during the year.”
That is how the Secretary of State can ensure that individual local authorities are doing what they should be doing and meeting the expectations of the Bill.
I again thank the Minister, but with the greatest respect to the Secretary of State, unless something is written into the Bill, I do not know whether she will agree with what I am saying about what determines safe accommodation. All I seek to do in amending the Bill is a belt-and-braces job to ensure that that is the case—that what is perceived as good refuge accommodation is written into the Bill.
Gentle for the Minister is sometimes brutalising for those on the receiving end. Is it not true that a lot of the Bill, in particular at this point, relies on regulations? That means that we will have to rely not only on those Ministers currently in post but on the whim of future Ministers as well. That is why it is important that we nail down the Bill’s intentions. Rather than criticism of the to and fro in Committee, would it not be great to hear Ministers explain the intention, so that the next incumbents of their roles can see properly what the Bill is intended to do?
I absolutely agree with the hon. Lady from Scotland, which is not currently covered by the Bill. The Home Office is, of course, in charge of the policy that covers Scotland with regard to this area of immigration and the destitution funding that is put in place in those circumstances. She is right that there are hundreds of voices—nay thousands, according to the petitions on this—on one side of the argument, with regard to the need for access to support for all migrant victims of domestic abuse. It seems that there are some in this place, on the other side of the House, who do not agree. However, on Second Reading and in the Joint Committee, every specialist agency, all the commissioners and every expert involved—I have not asked Chris Whitty, but I imagine he might fall on my side about this—stated that the Bill needs to do more and that it needs to look at specific issues around migrant women.
This is not some radical left-wing approach, unless the right hon. Member for Basingstoke (Mrs Miller) could be considered a radical left-winger. Indeed, the issue was raised by the onetime Immigration Minister on Second Reading. We will speak to the issue in far greater detail next week, but without such provision the ability to ratify the Istanbul convention is null and void. I cannot understand why we would put together a Bill about domestic abuse victims that did not explicitly support every single one of them. That is the simple fact about what we have at the moment.
Throughout the amendment runs the thread of non-discrimination, as the hon. Member for Edinburgh West pointed out. We cannot pass a Bill that discriminates or has a blind spot on the effects of domestic abuse on young children. By providing an inclusive and holistic approach—by working with all those affected—we can truly tackle domestic abuse. These new clauses provide an opportunity for us to make changes now, not in 12 months’ time, and ensure that all victims of this horrific crime are supported.
If I may, I will first explain the duty in clause 53, because the amendment is relevant as it is key to what is intended. I want to be sure that everybody understands what clause 53 does.
We are clear that it is critical that victims of domestic abuse are able to access specialist support, in safe accommodation, when they need it. At the moment, nobody has responsibility to provide this support and, as a result, coverage is patchy, as the hon. Member for Birmingham, Yardley set out. That is why I am pleased that we have included part 4 in the Bill, which will put in place duties on tier 1 local authorities in England to ensure a clear framework for needs assessment, commissioning and reporting on outcomes, so that everyone has a chance of accessing the support that they need within safe accommodation.
Clauses 53 to 57 will together ensure a consistent approach to support in safe accommodation for victims and children who are forced to leave home to escape domestic abuse, with national coverage across local authorities. Clause 53 places a duty on each relevant local authority to assess the need for domestic abuse support for victims and their children within its area. Local authorities are best placed to assess the needs of victims in their area, considering the different requirements of all victims, including those with protected characteristics under the Equality Act 2010, as well as victims and their children who may come in from outside the local authority area. The local authority must then prepare and publish a strategy for the provision of support within its area, give effect to that strategy, and monitor and evaluate its effectiveness.
Order. As the Minister started in this vein, it would be appropriate to have the stand part debate for clause 53 now. She is already speaking to it.
Thank you, Mr Bone. That is very helpful.
Clause 53 defines “domestic abuse support” as
“support, in relation to domestic abuse, provided to victims of domestic abuse, or their children, who reside in relevant accommodation”.
Such support may include the overall management of the service, the provision of emotional support and practical advice such as on housing options, specialist support for victims with protected characteristics, and children’s support.
The hon. Member for Birmingham, Yardley raised the spectre of Ibis and other hotel chains. To be clear, the duty only covers support within safe accommodation services. In the majority of cases, the costs of rent and eligible services charges will be met through welfare benefits, housing benefit in particular, so this measure is very much focused on the specialist services within safe accommodation.
How do we stop—I quote someone’s email—an “HMO daddy”? How do we stop them claiming to offer all of those things? What will we put in place that is beyond what is currently in place to assess use of the housing benefit system, which, I hasten to add, is not working?
Part 4. I will take the hon. Lady through it carefully, so that she understands how we have cross-checking systems in this part, in addition to all the checks in the rest of the Bill, including the commissioner and local authorities.
The Secretary of State for Housing, Communities and Local Government will specify in regulations a description of “relevant accommodation”. That is intended to be a broad definition in recognition of the diversity of housing in which the victims of domestic abuse and their children may live, from refuges to dispersed housing units. That is one of the complexities that we have had to deal with during the covid-19 crisis.
Clearly, people at the beginning stage of fleeing their accommodation will be in a different state of mind, different physical states and a different state of trauma after receiving specialist support in safe accommodation and when looking to enter the next stage of their life. Therefore, that diversity of accommodation must be reflected in the regulations. That will help to ensure that victims get the right support in the right place for them, which includes refuge accommodation, specialist safe accommodation, dispersed units of accommodation, sanctuary schemes, and move-on or second-stage accommodation.
The duty will require each relevant local authority to give effect to its strategy in carrying out its functions. Before publishing the strategy, the local authority must consult the domestic abuse local partnership board established under clause 54. Looking at the membership of that board, the hon. Lady understandably expressed concerns such as whether we were collecting or aware of data from A&E departments, but we have set out that not just tier 2 local authorities should be represented on the board, if appropriate to the local area, but victims of domestic abuse, children of domestic abuse victims, voluntary organisations and charities that work with victims of domestic abuse, persons who have responsibilities in relation to healthcare services in the area, and policing and criminal justice representatives.
We have very much taken on board the requests in the consultation and elsewhere for a multi-agency approach to this problem. That is very much the direction of travel at national level. Through clause 54, we are insisting that it is the direction of travel at local level.
May I ask the Minister to comment on community services? The references to the provision of accommodation services are welcome, but she will know that there is a concern in the children’s sector in particular—but not only that sector—about the provision of community services, which, as my hon. Friend the Member for Birmingham, Yardley has described, are a large part of the services for children. Will she comment on how that can be secured?
I am going to, but a little bit later in my speech, because I am concerned to ensure that everybody understands the purposes of this part. I sense that there may be a little bit of misunderstanding; I want to make sure we are all clear and will deal with that point later.
The duty will require consultation with the local partnership board—local partnership boards do not exist at the moment; they will be a really important factor in local areas—and will ensure that the local authority draws on the expertise of local domestic abuse services in its area. That provides for local accountability, requiring as it does the consultation.
The strategy that is created by the tier 1 local authority must be kept under review and any alterations, amendments or replacement must be published. That is in lockstep with everything else we are trying to do with the Bill, through the commissioner’s reports, the strategy plans and so on—making sure that this is transparent. At the moment, it will not be very easy in some areas to understand what the local strategy is. We want this section, with all the other parts of the Bill, to make that really clear.
The relevant local authorities have been picked as being tier 1 local authorities because of their larger geographical coverage, which is often coterminous with the footprint of other key partners such as police and crime commissioners, which supports planning of services. Providing support across a wider area will also help those victims who need to move further to stay safe. My own county of Lincolnshire is one of the largest counties in England and is an example of where a tier 1 local authority can help. Someone who lives in one corner of the county may be an hour and a half or two hours’ drive away from my constituency. They have that breadth of service provision and knowledge. That is how we have selected the authority, but we are also clear that tier 2 local authorities, where they exist, must play their part, which is precisely why we want them to be part of the partnership boards.
Of course, tier 1 authorities also have related responsibility in governance arrangements to draw on in leading this work, including their work on adult social care, health and wellbeing boards, community safety partnerships and children’s services.
In London in particular, tier 2 authorities will be critical to the success of this system, because they will have responsibility for housing and in some parts they commission domestic abuse services as well. We are putting the joined-up approach that the hon. Member for Birmingham, Yardley and many others in the sector have been crying out for into the Bill in part 4 at local level.
I am listening carefully to the Minister, as I did to the hon. Member for Birmingham, Yardley before her. However well-meaning the amendment is—no one can doubt that it is well-meaning—everything the Minister is saying reinforces the impression that the Bill is driving progress and consistency across local government across England. Does she worry, as I do, that the amendment might stymie that progress across local authority areas and prove a block to what we are trying to achieve?
I agree with my hon. Friend that the amendments are clearly coming from the right place, but we share that concern. The system that is being constructed in the Bill has been constructed as a result of intense reflection on consultation and in conversations with our charitable partners, service providers and so on. This is the end of a very intensive exercise of reflection and working out what can best help victims at a local level.
The hon. Member for Birmingham, Yardley also raised a fair point about assessing local need for accommodation-based support when victims may have to flee across boundaries. I am alert to that, and we will be developing a standardised needs assessment form to support local authorities in carrying out their needs assessment. Our statutory guidance will make clear the need for all areas to provide support to victims and their children from outside the area, and to work with other local authorities to allow victims easy movement from one area to another, while ensuring their safety.
There are some services that survey national need, such as dedicated services that support the needs of BAME and LGBT+ victims and people of faith. Our statutory guidance will make it clear that local area needs assessments should take those vital services into account.
Clause 54, as I have said, sets up the local partnership boards. A board will support the relevant authority in undertaking a robust local assessment of the need for domestic abuse support in its area. It will support the relevant authority in developing and publishing a local strategy based on the needs assessment. Through the duty to appoint a board, which must reflect the range of skills and expertise of different local partners—I suspect the local board in Birmingham will look different from that in Cumbria, because they are different areas with different populations and needs, and it is precisely that flexibility and responsiveness that we want throughout the Bill—the clause will help to ensure that an effective local domestic abuse strategy is put in place, informed by a needs assessment that has been tested by those who support victims of domestic abuse and their children day in, day out. Those strategies are not being imposed from Whitehall. They are being drawn up in local areas, where the needs are best understood.
The clause sets out the minimum requirement for board members. I have already outlined who is included in that. However, there is flexibility to appoint others as well. Relevant local authorities will be able to decide whether an existing board can fulfil the requirements or whether to create a new, dedicated board to fulfil the duty. Again, we are trying to be as flexible as possible, because we accept the point that some areas have managed to make much more progress in providing the services than others. Clause 54 is an important provision.
Clause 55 relates to the requirement on tier 1 local authorities to submit an annual report to the Secretary of State on how they are doing. The Secretary of State will make regulations about the form and contents of the report, and so on, but local authorities will be responsible not just to the local partnership board and, as democratically elected councils, the voting public, but to the Secretary of State. I imagine that the commissioner, who herself has reporting requirements under the Bill, will pay close attention to those annual reports.
The hon. Member for Birmingham, Yardley may be reassured to know, although it is not on the face of the Bill, that as part of the annual report there will be a national steering group. It will be led by an MHCLG Minister and established to monitor and evaluate delivery of the new duty. Therefore, there will be the safeguard of the clause 54 requirements, as well as clause 55, and in addition we will set up an expert steering group, on which the commissioner will sit, to consider the analysed information provided by local authorities.
When the Minister talks about a national steering body, could she clarify whether she means England and Wales, or England only?
Of course, it will respect the devolution arrangement. I like the phrase “jagged edge”; it describes it well. The group will work within the devolution arrangement. As has been the case throughout the Bill’s passage, we are happy to compare and work with our Welsh partners to ensure a consistent approach and to ensure that there is learning, and so on. We have taken an open approach throughout the Bill.
The group will review the operation of local needs assessments and the provision of domestic abuse support in safe accommodation across the country, specifically considering specialist provision for those who share relevant protected characteristics and services that serve a national rather than a local need. That will allow best practice to be shared and will highlight areas that may need further support to provide the consistent coverage expected by victims and the Government.
Clause 56 deals with guidance in addition to local partnership boards and the annual reports. The Secretary of State will also issue guidance to local authorities in England on exercising their functions in part 4. The clause places a duty on the Secretary of State to consult with the domestic abuse commissioner, local authorities and other persons considered appropriate by the Secretary of State. Subsection (2) requires local authorities to have regard to the guidance when exercising a function to which it relates. We are pleased to say that the guidance —which has been welcomed by local authorities—is to help them to deliver these vital services at local level. It will clearly outline the Government’s expectations for local authorities in delivering this duty.
We recognise that there is a balance between giving local authorities the flexibility to meet particular local needs and the requirement for a consistent approach to the provision of support within safe accommodation across the country. The guidance will help to provide a standardised approach to enable that to happen. We will make it clear in the guidance how that duty interacts with other duties and requirements on local authorities, such as those relating to homelessness.
I hope that colleagues with particular expertise will understand that the guidance will, I suspect, be quite a weighty document in its own right. It will sit alongside the statutory guidance that we have talked about for the Bill as a whole, precisely because we want it to be a working document for practitioners on the ground. We aim to have the draft guidance published in time for the Lords Committee stage. The report stands to be reviewed as necessary, of course. That sets out the framework of the clauses, and I will go into more detail on some of the points raised by the hon. Member for Birmingham Yardley and her colleague the hon. Member for Blaydon.
Once again, I emphasise that the statutory duty is to provide support to victims and their children within safe accommodation. Our concern is that new clauses 19 and 20 would apply more broadly to local and other relevant public authorities. The Committee may not be aware that responsibility for the provision of victim support services—including services targeted at perpetrators in order to support victims—has sat with police and crime commissioners since 2014. Local authorities will be bound by the new statutory duty to provide support to victims of domestic abuse residing in safe accommodation within their areas, but responsibility for wider victim support and perpetrator programmes will remain with police and crime commissioners.
Since 2014, PCCs have been funded by the Ministry of Justice to support victims of crime in their local areas and to address the specific needs identified in their local communities. That funding totalled some £68 million in 2019-20. PCCs have unique insight into the crime profiles and demographics of their local areas and thus the ability to allocate funding to those victims in need. Their autonomy to fund victim support services to meet local need should be preserved.
To create a duty that is workable and takes advantage of the considerable knowledge of local and public bodies, it must be placed on the specific authority that holds responsibility for particular services. Just as the new duty in part 4 will apply only to tier 1 local authorities, the commissioning of support for victims in the community must remain with PCCs and, in some cases, clinical commissioning groups. Interventions with perpetrators in the community must remain with PCCs, local authorities and, in some cases, CCGs. There is a variety with community-based services that there is not so much with refuge accommodation.
I know that the hon. Lady cited the fact that 13% of refuge accommodation is not commissioned by local authorities. We accept that. We are looking, as I have said, at the overwhelming majority of refuge accommodation.
I thank the Minister for picking up that point. The point that I wanted to pick up on was her two uses of the phrase “in some cases CCGs”. Would it not be nice if it were “in all cases”? Does the Minister think there are CCGs in the country that do not have victims of domestic violence living in their areas?
Sorry, I am not quite clear. Every single police and crime commissioner has victims of domestic abuse in their area, clearly, as do local authorities and, where appropriate, CCGs. To my mind, this is part of the diversity of provision of services. In some cases, it will be appropriate for CCGs to provide services, but I would not say it should be CCGs exclusively.
Will the Minister elaborate on that point and say in which CCG areas that would not be appropriate? She is saying that certain CCGs, for whatever reason, would not have to provide services for victims of domestic abuse.
I am not going to cite, out of the hundreds of CCGs, the ones that are appropriate and not appropriate. I assume that what the hon. Lady is trying to get to is that this should be viewed as a medical issue as much as a policing and crime issue. I welcome both approaches. That is precisely why we are introducing the multi-agency approach at local level, through local partnership boards, whereby health services will be represented, whereas they are not at the moment. Policing and criminal justice will be represented, whereas they are not at the moment. Children will be represented, whereas they are not at the moment. This is the multi-agency approach that we are trying to achieve.
The Government do, however, recognise the need to explore the provision of community-based services to domestic abuse victims to ensure that those victims are receiving the right support to cope and recover from this terrible crime. Equally, we are clear that if we do not hold perpetrators to account for their actions and challenge them to make real sustainable changes to their behaviour, we will not stop the cycle of violence and abuse.
Before establishing the new statutory duty in relation to accommodation-based support, the Ministry of Housing, Communities and Local Government consulted at length with local authorities, the domestic abuse sector and other organisations involved in supporting victims, to identify the barriers to provision of safe accommodation. That identified the lack of accountability and sustainable funding for the provision of support in safe accommodation as the key issue. Through that detailed engagement, it was possible to design a statutory duty that would tackle that. I am delighted to say that my right hon. Friend the Secretary of State for Housing, Communities and Local Government has confirmed that the new statutory duty will be appropriately funded.
I thank the Minister for allowing me to intervene again—this is almost greedy on my part. She was talking about all the organisations that took part and what they said about what the barriers were. Could she enlighten us on what they said the barriers were in relation to migrant women?
I will deal with that later in my speech. The hon. Lady took some 55 minutes—it is not a competition, but I have to do this justice by drawing out the points as we develop the argument. As with clauses 1 and 2, I want to explain the journey that we have taken to arrive at the statutory duty.
I think we would all acknowledge that the current funding arrangements for community-based services are complex. Although responsibility sits with PCCs, services are funded from myriad routes, including PCCs, local authorities, health partnerships and community safety budgets. That is true of both services for victims and programmes targeted at perpetrators, particularly those who have not been convicted. It would not be right to define what should be available by way of services for community-based support, without conducting a similar investigation as took place for support within safe accommodation and consulting the sector on any proposals.
To that end, the domestic abuse commissioner has agreed to lead an in-depth investigation into the current community-based support landscape, and the Government are committed to addressing its findings. We believe that that work needs to come to fruition before we can properly understand how any wider duty should be framed, on whom it should be imposed, and at what cost. It is also right that we fully consult on any expansion of the duties in part 4. I should add—in trying to describe the interlocking and interweaving web of accountability that runs through the Bill—that the commissioner will publish her report under clause 8, and we are required to respond to it within 56 days. The Bill therefore sets a time limit by which the Government are to respond.
In addition, a number of other areas of work across Government are already taking place to improve the experience of victims who seek help, such as the refresh of the national statement of expectations that is due to be published later this year. That will set out the best practice for commissioning all violence against women and girls services. We are also developing a cross-Government victim funding strategy, which is due to be published by the end of the year. Those developments are part of a cross-Government drive to ensure that domestic abuse victims in the community are receiving the support that they need, and that good-quality work with perpetrators is the norm.
I am afraid that I am not persuaded that the general duty on the Secretary of State set out in new clause 19(1) is necessary or helpful at this time. As we have already debated, the Bill establishes in law that the domestic abuse commissioner’s statutory remit will include the encouragement of best practice in the prevention of domestic abuse and the provision of protection and support to victims and others affected by domestic abuse. As part of her remit, she will necessarily look at the availability and quality of perpetrator programmes and make recommendations based on her findings.
On new clauses 19 and 20, it is worth pointing out the jagged edge, as I have called it: the new clauses do not reflect the devolution settlement in Wales. A number of relevant public authorities listed in new clause 20 operate in the devolved sphere, and we would not normally legislate on devolved matters in Westminster without the consent of the Senedd.
The other amendments in the group relate broadly to the existing provisions in part 4. Again, although I appreciate the intention behind the amendments, they would add more detailed requirements to the Bill, thereby reducing the flexibility of local authorities to meet particular local needs and set up a local partnership board in line with local needs and existing partnership arrangements. I do not believe that they are necessary because much of what they seek to achieve will be in the statutory guidance and laid down by regulation.
Clause 53 places a duty on each relevant local authority in England to assess the need for domestic abuse support for victims and their children within its area. In assessing needs, relevant local authorities will consider the differing requirements of all victims, including those with protected characteristics under the Equality Act 2010, as well as victims and their children who come in from outside the local authority area. The local authority will then be required to publish a strategy, which will take effect as I have set out.
Order. The Minister is talking about the other amendments; I should point out to the Committee that amendment 77, as printed, refers to line 21, when it should refer to line 25—it is just a typing error. As the Committee knows, we cannot adjourn at 1 pm while the Minister is still speaking; a speech cannot be interrupted.
Sorry, I had thought that we might go on until 2 pm. In that case, I will be very quick; I hope I have set out the framework of the guidance. I am extremely grateful to Mr Bone for that clarification.
We recognise the concerns that the hon. Member for Birmingham, Yardley has set out. I emphasise in relation to new clause 48 that the importance of national oversight is accepted, as can be seen from the setting up of the Minister-led expert steering group. We very much hope that those who are involved in that group will be able to make their views clear and look at the reports with all of the interlocking safeguards we have.
I will sum up by saying that we believe amendment 67 and new clauses 19 and 20 are at best premature, and that the other amendments are unnecessary. We recognise the importance of community-based services for those affected by domestic abuse and the need to address offending behaviour. As I have said, we are committed to investigating, in collaboration with the commissioner, what needs to be done to ensure that victims who stay in their own home, together with their children, are receiving the support they need, and that perpetrators are appropriately challenged and supported to change their behaviour.
I will not keep Members for a long time, and I recognise the Minister’s generosity towards other members of the Committee. She has not covered some of the issues that she said she would cover, whether those raised in my speech or through interventions on myself or her. I recognise the reason for that; no doubt we will have plenty of time to debate those issues as the Committee progresses.
I will just pick up on a few small things. The Minister has clarified that the regulations she mentioned will be laid at Lords Committee stage, as opposed to the guidance that she has promised will be laid before the House on Third Reading. As regards the guidance about local authorities’ commissioning of specialist refuge accommodation, the Minister has suggested that some of the things we are suggesting may be premature. I have been having meetings and conversations about these regulations for six years, beginning before I was elected, in the days when MHCLG was still DCLG. I have met with pretty much every housing Minister or MHCLG Minister about this issue, so it does not feel particularly premature to me. However, I look forward to the regulations coming before the Lords Committee.
So much of this regulation is based on trust, and all I was saying to the hon. Member for Cheltenham was that although I like part 4 of the Bill, I think there are areas in which it could be better, clearer and more robust to future-proof it. I will not press amendment 67 or new clauses 19 and 20 to a vote now, because I think the duty on community services is something that the whole House would wish to discuss—and the Lords would certainly wish to see discussed—on Report, and then maybe at the amendment stages in the Lords. I thank the Minister for responding to many of the issues I have raised, which has allayed some concerns, and I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 53 ordered to stand part of the Bill.