Rape: Criminal Prosecutions

Debate between Victoria Atkins and Alex Davies-Jones

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

The focus of Operation Soteria, the police technique of focusing on the suspect rather than on the witness’s credibility, is critical to the increased understanding that my hon. Friend talks about. He is right to say that when we talk about percentage increases and so on, it can take away from the individual person or people who have been so hurt and traumatised. If I can just translate this into English, from October to December last year, 467 people were convicted of a rape offence. That represents a 15% increase on the previous quarter. Those 467 people were convicted and sentenced by the courts, thereby protecting the public from their violent behaviour.

[Alex Davies-Jones (Pontypridd) (Lab)]

I would like to thank the right hon. Member for Basingstoke (Dame Maria Miller) for bringing forward this vital urgent question today, and to thank the Minister for her comments from the Dispatch Box and her update on what is happening. But given everything that is facing the Secretary of State—record court backlogs, appallingly low conviction rates for rape and women losing faith in the criminal justice system—is it not a bit odd that his main priority seems to be going on the media to defend the indefensible Prime Minister and overhauling human rights laws? What does that say about the priorities of this Government?

[Victoria Atkins]

I worked with the hon. Lady on the Domestic Abuse Bill and I know how committed she is to ensuring that victims of domestic abuse and sexual violence secure the justice they deserve. The whole of this Government are committed to this piece of work, from the very top. From the Prime Minister down, this is an absolute priority for the Government. I welcome scrutiny—I welcome hon. Members asking me questions at the Dispatch Box—but I also ask please that we acknowledge it when there are early signs of progress, precisely because I want to encourage victims to come forward and get the support they need.

Strategy for Tackling Violence Against Women and Girls

Debate between Victoria Atkins and Alex Davies-Jones

Wednesday 21st July 2021 Commons Chamber

[Victoria Atkins]

My hon. Friend identifies an important theme in this work. I should say that it is work that we set out not just in this strategy; there is a whole body of work that we are doing across government to fight youth violence, in particular, and the work of gangs. Part of that is about ensuring that girls do not fall foul of criminal gangs through exploitative relationships that can harm them greatly. On building confidence, this is where, among other things, the national policing lead can make a real difference, because we must tackle head on this issue of trust in the police and the ability of victims and complainants to put their experience before the police. Interestingly, the analysis we did during the rape review suggested that victims are reporting rape offences more to the police, but we must do more to ensure that people know that the sorts of offences we have heard about today, particularly those in the street, are offences and that they can and must, please, if they are able to, go to the police about them. We can do that through the communications campaign, as well as through education.

[Alex Davies-Jones (Pontypridd) (Lab)]

I am grateful for the Minister’s hard work in this area; I know it is something that she is passionate about.

Like colleagues, I welcome the long-awaited publication of the violence against women and girls strategy and the announcement that the Government will look at finally making street harassment a crime. However, this issue is so much bigger than legislation. We require urgent action to tackle the attitudes and behaviours that drive male violence. We need to see a complete culture change in this country if we are to truly make women and girls feel safer on our streets. How does the Minister think the strategy will change the lives of women across the country—me included—who feel compelled to tell our friends at the end of a night out, “Just text me when you get home”?

[Victoria Atkins]

The hon. Lady has described just one of many calibrations—behaviours—that we all use and have used to ensure that we get home safely. I have talked before about the immediate term, the medium term and the longer term. The sort of cultural change she is talking about is going to take time. I wish that we could change it overnight or over a couple of days. However, I believe that this strategy sets out our clear ambition, over this Parliament and beyond, to change those attitudes, to improve the trust of victims and to pursue perpetrators relentlessly. That is how we are going to eliminate violence against women and girls.

Antisocial Behaviour (Vehicles)

Debate between Victoria Atkins and Alex Davies-Jones

Monday 14th June 2021 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I thank my hon. Friend the Member for Carshalton and Wallington (Elliot Colburn) for securing this important debate. I was sorry to hear of the adjournment of his wedding to his beloved Jed, and I hope that, the next time I respond to one of his debates, I am able to congratulate him and Jed on their nuptials.

I very much sympathise with the problems that my hon. Friend has raised extremely eloquently and powerfully, if I may say so, on behalf of his constituents. The sort of behaviour that he describes, and indeed that we have heard about on both sides of the House, has a huge impact on the residents who are troubled by it. We are absolutely committed as a Government to tackling this problem in all its forms and wherever it surfaces. The antisocial use of vehicles by a few people causes alarm and distress and can have a disproportionate and corrosive impact on local communities. Beauty spots such as the Roundshaw Downs and South Beddington are to be enjoyed and cherished, not blighted by the dangerous, noisy and illegal use of motorbikes and other forms of motor vehicle. The Government are also aware of increasing concerns regarding the theft of catalytic converters. We very much recognise the negative impact that that can have on members of the public and on the car industry, which is why we are tackling vehicle crime as a priority.

Let me talk my hon. Friend through some of the measures that we are taking to tackle antisocial behaviour. The Government have provided the police, local authorities and other local agencies, including councils and the various agencies, with a range of tools and powers that they can use to respond quickly and effectively to incidents of antisocial behaviour through the Anti-Social Behaviour, Crime and Policing Act 2014, which includes nuisance involving vehicles. The police also have powers under the Police Reform Act 2002 to seize a vehicle used in a careless and inconsiderate manner on or off-road. It is an operational matter for the chief constable and for the locally elected police and crime commissioner as to how this power is used. I have listened carefully to his very positive observations regarding the online reporting mechanism that the Metropolitan police use. I encourage other police forces that do not yet have that power to look carefully at this, because enabling the public to record these incidents in the way that he has described, particularly in giving them confidence that, in so doing, they are not wasting police time or getting in the way of more urgent business, will be a critical part of drawing the public’s trust in how we tackle these crimes, but also in helping the police to tackle these crimes in local areas where appropriate.

[Alex Davies-Jones]

I am grateful to hear of the robust action that the Minister’s Department is taking to tackle the antisocial behaviour relating to vehicles. Part of the problem, according to my local police force, is that these unnecessary modifications to vehicles that make these loud noises are currently not illegal. Will the Minister consider introducing legislation to make these unnecessary modifications that cause antisocial behaviour illegal?

[Victoria Atkins]

The hon. Lady raises an interesting point. I have to confess that I am not an expert in the mechanics of cars and other vehicles, so I am very much feeling my way in answering this. She will know that, through the Police, Crime, Sentencing and Courts Bill, we are looking at measures in the criminal justice system, and while I do not for a moment pretend that I am creating Government policy at the Dispatch Box, I would certainly welcome an opportunity to discuss with her, perhaps outside the Chamber, the sorts of measures that she raises. It would have to be a matter on which the car industry and others have the chance to contribute, but certainly let us discuss it to see whether there are ways that we can tackle those particular problems.

The pandemic has brought into sharp focus just how important shared spaces and, indeed, nature are to community life. Local agencies can use their powers to tackle irresponsible use of these spaces, such as the Roundshaw Downs, as this kind of behaviour is both a nuisance and can present a very real danger to the public. I am pleased that my hon. Friend has taken the opportunity to advise his constituents to report these incidents to the neighbourhood policing team and to the local authority responsible for the public land so that they understand where the problems are happening and the volume of those problems. However, as he says, we must, as communities, report these incidents so that the authorities can begin to use the powers that they have under existing legislation.

When the problem is entrenched, it is for the local authority and community safety partnership to set a strategy and response that go beyond reactive policing of this kind of repeat behaviour. Local agencies should know how best to approach this matter and how to deploy their powers depending on the circumstances. Home Office statutory guidance was created for local areas in order to support them to make effective use of the powers given to them. I cannot stress enough how important it is for local areas to encourage multi-agency approaches to this kind of issue to prevent it as well as to deal with it as and when it surfaces. The reason these powers apply not simply to the police, but to local councils, is that we understand and recognise that there has to be a whole-systems approach to tackling this sort of behaviour, which is why I was disappointed to hear of the experiences that he has had with his local council, Sutton Council. His constituents will expect, as indeed all of our constituents expect, that their elected representatives will work together to tackle antisocial behaviour.

The Home Office continues to fund projects that will increase the safety of local communities. As well as increasing police funding and the recruitment of more officers, a third round of the safer streets fund was launched on Thursday 3 June, which brings the total amount invested in the fund to £70 million over two years. I am going to take the opportunity to emphasise to colleagues across the House that the third phase of the safer streets fund has a particular emphasis on tackling violence against women and girls, so I encourage hon. Members and my hon. Friends to look at that fund with their local partners—councils, police and so on—to see whether there are projects that they can put forward in their local area to tackle that and many other forms of criminal behaviour.

Overall, police funding available to police and crime commissioners has increased by up to £668 million in 2021-22, and on 4 February this year, the Government published a total police funding settlement of up to £15.8 billion in this financial year, an increase of up to £600 million compared with the previous year. We are also committed to giving the police the resources they need to tackle crime through increasing the number of police officers by 20,000 by March 2023. I am delighted to say that, as of the end of March this year, 8,771 additional officers had been recruited across England and Wales. That is ahead of schedule, but we will continue to recruit in order to meet our target of 20,000.

In its area, the Metropolitan police had recruited an additional 1,369 officers, and a further 1,344 officers have been allocated for the coming financial year. The deployment of those officers is, of course, an operational matter for chief constables and their team of senior officers, but I am really pleased to hear of the admiration and thanks that my hon. Friend has for his local policing team.

On policing the roads, we are committed to tackling vehicle crime as a priority. We are working in the Home Office with the Department for Transport and the National Police Chiefs’ Council on the first roads policing review, which is a thorough examination of roads policing in England and Wales. Responses to last year’s roads policing review call for evidence are helping to shape the development of the action plan by the roads policing review governance board. The Government plan to publish the call for evidence response this summer.

My hon. Friend raised some really important points on the theft of catalytic converters. We continue to work closely with the police and motor manufacturers through the national vehicle crime working group established by the National Police Chiefs’ Council lead for vehicle crime. We are working together to understand what more can be done to tackle the theft of catalytic converters, and that work is overseen by the Government’s crime and justice taskforce. I join my hon. Friend in congratulating our officers on tackling this type of crime; indeed, he set out the successful Operation Basswood in March and the British Transport police’s operation in April this year.

On the use of those catalytic converters that are stolen, of course that sits side by side with the recent rise in metal theft. The Government have funded, therefore, the setting up of the national infrastructure crime reduction partnership, ensuring national co-ordination of policing and partner agencies to tackle metal theft.

The Scrap Metal Dealers Act 2013 continues to be a powerful tool in the fight against this form of criminality. Supporting enforcement initiatives is key to the effective operation of the Act. Since the introduction of the Act, there has been a steady downward trend in metal-related thefts, with recorded offences of metal theft having decreased by 74% from the year ending March 2013 to the year ending March 2020. We carried out a review of the Act in 2017 and found that it had been effective in addressing metal theft and should be retained. It remains a powerful tool to combat these thefts, but, of course, it requires consistent and effective enforcement. Some excellent nationally co-ordinated efforts have recently been made to encourage local authorities, law enforcement and other agencies to carry out such activities, but we must work together to ensure that all possible actions are taken to combat this crime.

We are acutely aware of the damage and distress that antisocial behaviour causes to law-abiding citizens. I very much hope that I have reassured my hon. Friend that the Government take this problem very seriously, including when it involves vehicles, and that we are committed to giving the police the power and resources they need to tackle this type of offending. I very much join him in thanking the police for the efforts they go to, not just in his constituency, but across the country, to tackle these dreadful crimes and to try to ensure that all our constituents can enjoy their homes and their neighbourhoods in the peace and safety that we should all deserve.

Question put and agreed to.

Domestic Abuse and Hidden Harms during Lockdown

Debate between Victoria Atkins and Alex Davies-Jones

Thursday 14th January 2021 Commons Chamber

[Victoria Atkins]

Yes. I am very grateful to my right hon. Friend for all the work he does on the Education Committee to scrutinise our work. We are all concerned about the welfare of the most vulnerable children. That is why, for example, in the first lockdown we enabled vulnerable children to still attend school, sending out the message to parents, carers and children and young people themselves that if they need that extra bit of help and support, schools are open to give them access to that. That continues under today’s restrictions, because schools are open to vulnerable children.

In terms of the work that we are doing over and above keeping schools open, I have already referred to the vital work that social workers are conducting and our efforts to increase the number of social workers available to help with that work. Some of our children’s charities have also been fantastic. I have seen for myself the work that Barnardo’s and the Children’s Society are doing to help children, particularly those who are potentially being ensnared by county lines gangs. This comes back to how we can reach these poor, poor children before those gangs really get their fists on them. It is about a combination of education at school, education and support for families—because mums, dads and carers can be very worried about their child—and ensuring that we have robust law enforcement measures in place against those gangs. One thing the police were able to do during the last national lockdown—the first one—was concentrate on targeting drug gangs. We are seeing some of the results of that work, alongside the safeguarding and early intervention work we are doing.

[Alex Davies-Jones (Pontypridd) (Lab) [V]]

I thank the Minister for her update and fully welcome the new Ask for ANI scheme. Residents in Pontypridd who have experienced domestic abuse will appreciate the issue being raised here today. As my hon. Friend the Member for Rochdale (Tony Lloyd) has said, tackling the root cause of domestic abuse requires a long-term strategy focused on interventions targeted towards the perpetrators. Will the Minister therefore confirm exactly what support the Home Office is providing and what conversations it is having with organisations working in this area?

[Victoria Atkins]

I am so pleased the hon. Lady raised the point about a strategy. She will know, I hope, that alongside our work on the Domestic Abuse Bill—she served on the Bill Committee—which is currently in the House of Lords, we are planning for a stand-alone, specific national strategy on domestic abuse. I very much expect there to be measures in relation to perpetrators within that, because although we of course want to support victims, it is vital that we tackle the cycle of abuse as well. That strategy, combined with our investment of £7.1 million in perpetrator programmes, will, I hope, revolutionise our approach in this important regard of tackling domestic abuse.

Oral Answers to Questions

Debate between Victoria Atkins and Alex Davies-Jones

Monday 14th December 2020 Commons Chamber

[Alex Davies-Jones (Pontypridd) (Lab)]

I welcome the Government’s recent funding commitment to extend the work across England and Wales to manage and change the behaviour of abusive perpetrators, yet I note with concern that these funds have to be spent by March 2021. This clearly does not leave much time to introduce the vital measures that are desperately needed to end domestic abuse. As the Minister has herself said today, it is vital that we reach perpetrators before they have a chance to abuse again, so what plans do the Government have to keep holding perpetrators’ feet to the fire with projects for the long term?

[The Parliamentary Under-Secretary of State for the Home Department (Victoria Atkins)]

I am grateful to the hon. Lady for highlighting that investment. She makes a point about the timeframe in which the money was granted by the Treasury, but this is a programme of work that we are taking forward throughout the next few years. She will understand that there are spending review allocation decisions to be made at the moment, but we are clear that we want to continue tackling this abusive behaviour.

Domestic Abuse Bill (Tenth sitting)

Debate between Victoria Atkins and Alex Davies-Jones

Committee stage & Committee Debate: 10th sitting: House of Commons
Tuesday 16th June 2020 Public Bill Committees

[Alex Davies-Jones]

In our Committee’s evidence session, we heard from Sara Kirkpatrick, the CEO of Welsh Women’s Aid, who said this, and I heartily agree:

“Some really exciting things have come out of the Welsh legislation, particularly the idea of taking that broader lens…of violence against women and girls”––[Official Report, Domestic Abuse Public Bill Committee, 4 June 2020; c. 66, Q158.]

I know that I am harping on about Wales again, and I make no apology for it. We know that domestic abuse impacts everyone—men, women and children—but we also know that it is women and girls who suffer the most frequent and severe abuse. It is important to acknowledge that in order to enable practice and support to be tailored to the specific needs of the person experiencing abuse, as opposed to a one-size-fits-all approach.

The Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 includes all forms of violence and abuse against women and girls, including domestic abuse, rape and sexual violence, stalking, forced marriage, so-called honour-based violence, female genital mutilation, trafficking and sexual exploitation—including through the sex industry—and sexual harassment in work and public life. None of these forms of abuse are mutually exclusive, and policy and service provision should reflect that.

[Victoria Atkins]

I thank the hon. Member for Birmingham, Yardley for tabling the new clause. I hope that she knows that I always enjoy debating the issue of gender with her, because those debates draw us out of the nitty-gritty of the Bill’s text and make us think about wider and bigger topics. I very much accept that she will get all sorts of abuse tonight on Twitter, but may I gently remind her that Twitter is not the real world? I say that as someone who came off Twitter a few years ago and I have not missed it for a second.

My bigger concern when it comes to raising awareness of domestic abuse relates to a more common misunderstanding. It is not necessarily that women are disproportionately victims and survivors, because from my experience, I think that that is pretty well understood. What worries me is the idea that “She must leave him.” I hope that, through the Bill, and the work that we are all doing, we are beginning to change that conversation, but I absolutely understand why the hon. Lady has raised this issue.

The hon. Member for Pontypridd took the words out of my mouth: anyone can be a victim of domestic abuse, regardless of their age, gender or ethnicity. We have had to reflect that fact in the definition. We have followed the lead of the drafters of the Istanbul convention in adopting that gender-neutral stance. There is no reference to gender in their definition of the act of domestic violence. The explanatory report published alongside the convention expressly states that the definition is gender neutral and encompasses victims and perpetrators of both sexes.

However, we very much want to reflect the fact that the majority of victims are female, which is why we set out in clause 66, following careful consideration by the Joint Committee on the Draft Domestic Abuse Bill, the requirement on the Secretary of State regarding the guidance; the guidance reflects that fact. I appreciate that the definition is incredibly important, but the people commissioning services, training and looking at how their local services are working will be drawn to the guidance, in addition to the Bill, and will want practical help with it. That is how we adopted the definition.

We have made it clear that the definition has two fundamental elements: the first deals with the relationship between the abuser and the abused, and the second deals with what constitutes the categories of abusive behaviour. If the definition is to work for victims and survivors, it must work for all, regardless of gender or other characteristics. Interestingly, we have not been able to identify any other English-language jurisdiction that adopts a gender definition in relation to domestic abuse.

Domestic Abuse Bill (Ninth sitting)

Debate between Victoria Atkins and Alex Davies-Jones

Committee stage & Committee Debate: 9th sitting: House of Commons
Tuesday 16th June 2020 Public Bill Committees

[Victoria Atkins]

It is a pleasure to serve under your chairmanship, Ms Buck. I am pleased today to be able to bring forward new clause 16, which will amend the Housing Act 1996 to give those who are homeless as a result of being a victim of domestic abuse priority need for accommodation secured by the local authority. The Government believe that it is vital that domestic abuse victims who are homeless or at risk of homelessness are supported to find an accommodation solution that meets their needs and reflects their individual circumstances.

In April 2018 the Homelessness Reduction Act 2017 came into force. That Act, for the first time, puts prevention at the heart of the local authority response to homelessness, irrespective of whether those seeking support are a family or an individual on his or her own, and notwithstanding what has put them at risk. That means that all households that are homeless or at risk of homelessness should be provided with an offer of support from their local authority to find appropriate accommodation.

Since the 2017 Act was implemented, more than 200,000 households have had their homelessness successfully prevented or relieved. However, for those who need more support, it is right that the local authority should have a duty to house them immediately and secure accommodation for them. Under homelessness legislation, a person who is pregnant, has dependent children or is vulnerable as a result of having to leave accommodation because of domestic abuse, already has priority need for accommodation.

However, the Government are now going further. Through new clause 16, the Government will automatically give domestic abuse victims priority need for accommodation. That change will mean that consideration of vulnerability will no longer be required for domestic abuse victims to be entitled to accommodation secured by the local authority. If the authority is already satisfied that an applicant is homeless as a result of being a victim of domestic abuse, that victim and their family should not need to go through an additional layer of scrutiny to identify whether they are entitled to be accommodated by the local authority. The amendments to the Housing Act will help ensure that victims do not remain with their abuser for fear of not having a roof over their head. Alongside the announcement made in the spring Budget to extend exemption from the shared accommodation rate to victims of domestic abuse, that should support victims to move into a place of their own where they can feel safe and secure.

New clause 13, tabled by the hon. Member for Bermondsey and Old Southwark, who is not here today, would have the same effect as the Government’s new clause 16. The one difference is that the hon. Gentleman’s new clause would also extend priority need status to other persons residing in the same household as a victim of domestic abuse. I want to assure the Committee that such provision is not needed. Where an applicant has priority need, the Housing Act already requires local authorities to provide accommodation that is “suitable” for the household. There is therefore no need for each member of the household to have priority need. Amendments 40 to 42 are consequential on new clause 16.

[Alex Davies-Jones (Pontypridd) (Lab)]

Diolch yn fawr, Ms Buck. It is my pleasure to speak to new clause 13, which outlines the need for more stringent housing support for those fleeing domestic abuse in their current households. Colleagues may recall—I certainly will not forget it, and will be dining out on it for a while—that last week the Minister kindly coronated me as the princess of Wales. I was most flattered by the proclamation and make no apologies for speaking up for people across Wales. I plan to use my new-found royal status to ensure that the voices of Welsh victims of domestic abuse are heard and protected in the Bill.

We all know that with great royal power comes great responsibility. I will be using my voice today to focus on themes that are relevant across the board in England. It is clear that domestic abuse has no boundaries; it does not care what nation you are from or what language you speak. It is imperative that we ensure that collaborative working between both nations covered by the Bill can continue if we are to strengthen the spirit of the Union.

I am delighted to speak to new clause 13. I pay tribute to the hard work of my colleague the hon. Member for Bermondsey and Old Southwark for prioritising the housing needs of survivors of domestic abuse. Sadly, he is unable to join us today, and I know that all Committee members wish him well.

The Government’s change of heart following the brilliant campaign by the all-party parliamentary group for ending homelessness is a welcome step, and these changes will undoubtedly save lives. The campaign was supported by MPs across the House, and a number of organisations in the domestic abuse sector were involved. I hope that colleagues will afford me the opportunity to list the organisations that played a vital role and that are standing together against domestic violence: Crisis, Women’s Aid, Refuge, the Domestic Abuse Housing Alliance, St Mungo’s, Surviving Economic Abuse, Shelter, Homeless Link, Depaul, Centrepoint, Hestia, Changing Lives, the Chartered Institute of Housing, The Connection at St Martin-in-the-Fields, and Latin American Women’s Aid.

It is clear that in England there is a gap in the support offered to those fleeing domestic abuse. These are very real people who are making the brave and bold decision to flee from an unsafe household. We must remember that, because it can be easy to lose sight of that as we sit in this place and discuss the technicalities of the Bill. They should be our priority, but the current system is failing them.

Research by the APPG last year showed that nearly 2,000 households fleeing domestic abuse each year in England are not provided with a safe home, because they are not considered to be in priority need for housing. Colleagues may be aware that during the APPG’s inquiry into domestic abuse and homelessness in 2017, there was clear evidence that local authorities in England were consistently failing to provide people fleeing domestic abuse with the help they need.

I was particularly concerned to read about the vulnerability test being used as a gatekeeper tool by local councils across England. I am pleased that we will now be able to reverse that trend and provide those who are fleeing domestic abuse with a real opportunity to rebuild their lives, yet the amendment still does not go far enough. Despite initial informal commitments from the Ministry of Housing, Communities and Local Government to adopt the APPG’s amendment word for word, there are now some key differences in the final amendment, which could undoubtedly lead to some domestic abuse victims in England who require housing support falling through the cracks.

The APPG’s amendment would ensure that anyone in a household who applies for homelessness assistance in England due to domestic abuse would qualify for automatic priority need and have a legal right to a safe, permanent home. It is extremely disappointing that the wording of the Government’s amendment means that survivors would be required to physically make the application for homelessness assistance themselves in order to receive automatic priority need. Both the domestic abuse and homelessness sectors have expressed concern that the Government’s amendment fails to guarantee adequate protection to survivors of domestic abuse.

Colleagues will be aware that a note from the APPG, containing more information, was circulated to Committee members recently. I am aware that the hon. Member for Harrow East (Bob Blackman), in his capacity as co-chair of the APPG, recently wrote to Ministers and received a reply indicating that the Government do not intend to change their position on this. The Government response states:

“Allowing a member of the household to make the application could allow a perpetrator to manipulate the situation and frame themselves as the ‘new partner’, using the victim to obtain accommodation for their own gain and allow the abuse to continue.”

However, the domestic abuse sector does not agree.

The APPG’s amendment makes it clear that priority need status for settled housing can be guaranteed regardless of whether the homelessness application is made directly by someone in the household who is experiencing domestic abuse. In comparison, the Government’s amendment would not allow for other members of the household to make the application. So many examples spring to mind of where domestic abuse victims could slip through the cracks under the terms of the Government’s amendment, such as children who have had to flee an abusive situation with their mother.

Specifically, this is relevant in a context where only the mother has been abused but the children are not able to reside with their mother, perhaps due to parental addiction or the children being adults. Similarly, if a mother and her children were facing abuse by an adult child against one or more siblings who are under 16, but not against the mother, they would not be entitled to seek urgent support. I hope colleagues will forgive my listing the technicalities of those situations, but they are very real and present in all the communities that each of us represents and serves.

Allowing a member of another household to make an application for homelessness assistance on behalf of an individual who is the victim of domestic abuse is a vital safeguarding mechanism for those fleeing abuse. The strength it takes to flee an abusive household is undeniable, but it will not always be safe or suitable for victims of abuse to make an application for assistance in person. In many cases it will be too dangerous for them to leave their home until they know that they have somewhere safe to seek refuge, or there could be logistical issues, such as where a victim is receiving hospital treatment. For other groups of people considered to be in automatic priority need for settled housing in England, it is already the case that someone else in the household is able to make the application—for example, if a woman is pregnant, their partner is able to make an application on their behalf. The same principle must be extended to people who are fleeing domestic abuse.

Having spent some time discussing the provisions needed in England, I will turn my attention back to my home nation of Wales, to highlight the impact that the truly groundbreaking Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 has had. In Wales, the Labour Government have implemented legislation that puts a duty on the devolved public sector to prevent, protect and support. This has increased understanding and built referral routes to specialist support, allowing local authorities to work alongside and in conjunction with those specialists in order to ensure rapid support for those who need it. After a decade of funding cuts to local authorities across the UK, it is clear that those local authorities are under pressure, particularly when it comes to the housing crisis that we see up and down the country. I urge the Government to reconsider and allow more flexibility for domestic abuse victims who are seeking urgent housing support.

Finally, I hope that colleagues will indulge me as I use some key case studies to highlight the importance of a more accessible system for applying for homelessness assistance. At Women’s Aid, one service user said:

“After a year of fallout, I was still homeless and on my backside—it felt like I was worse off for going through ‘the system’.”

A key worker from Solace Women’s Aid—a fantastic charity based in the constituency of my hon. Friend the Member for Bermondsey and Old Southwark—said:

“A lot of women I work with have a secure tenancy. They really don’t want to leave the secure tenancy. But then often they might not have a lot of choice… some women will prefer to…take massive risks…than leave it.”

One case highlighted by Crisis was that of Danielle, who was made homeless when her relationship ended, after her neighbour called the police following a two-day beating. Despite visible bruising and a letter from her partner admitting the abuse, she was told by the council that she needed to provide further evidence of her vulnerability, and that she was not a priority. So she ended up homeless and sofa-surfing for more than two years.

An anonymous survivor said that he had escaped a three-year abusive relationship where, on occasion, his partner had locked him in a room for five days and beaten him so severely that he was confined to a wheelchair. When he approached the council, he was refused help with finding a safe home, which left him with no option but to sofa-surf for several months. Eventually, a charity that supports victims of domestic abuse helped him to deal with the council, and he is now socially housed.

It is clear from those testimonies that we have an opportunity to change the course of people’s lives and affect their ability to regain their independence following a period of domestic abuse. It is not unreasonable to allow for a more flexible system to ensure that victims can get access to the housing support they need. That additional power would improve people’s ability to flee, and could be hugely powerful as a lifeline for those in need. The new clause is well written, with substantive detail. I ask that the people I have talked about be made a priority.

[Victoria Atkins]

I thank the hon. Lady for her comments. In the spirit of the Bill, and of the Committee, let us welcome the fact that we are making changes in the area in question. It is fantastic that new clause 16 has been tabled.

There is a sliver of disagreement between the Government and the hon. Members for Pontypridd and for Bermondsey and Old Southwark, on the role of other people in the household. We have heard a great deal—just in the Committee Room, let alone in our experiences outside it—of the manipulative nature of some perpetrators and their ability to seize an opportunity against their victim, use it for their own ends and do incredible damage to the victim. Also, the children are often victims. Victims of domestic abuse may be vulnerable and at risk of such manipulation—of being controlled by the perpetrator, whether that is a partner in an intimate relationship, as described in clauses 1 and 2, or indeed a family member. It was against that backdrop that we drafted the clauses.

Our primary concern, on the sliver of disagreement between us, is that an abusive partner could apply for new housing under the approach suggested by the hon. Lady, to the detriment of the victim and the gain and advantage of the perpetrator. Clearly no one wants that.

I take the point about the need to ensure that the system is sensitive to the needs of victims. Indeed, I am pleased that my hon. Friend the Member for Harrow East, who has led the campaign with the hon. Member for Bermondsey and Old Southwark, wrote to my hon. Friend the Under-Secretary of State for Housing, Communities and Local Government, the Member for Thornbury and Yate (Luke Hall), who responded on 10 June. In the course of the correspondence and conversations, the hon. Lady’s concerns were clearly canvassed as well. My hon. Friend the Under-Secretary told my hon. Friend the Member for Harrow East that there is already the flexibility in the system to take care of cases where someone has difficulty making their own application, whether that is because they are in a hospital bed or because they are in a refuge that they cannot leave.

The homelessness code of guidance covers such circumstances. Paragraphs 11.13 to 11.16 make it clear that where a face-to-face appointment does not meet the applicant’s needs, assessments can be completed on the telephone or internet, or with the assistance of a partner agency. As for the case studies that the hon. Lady raised, I very much hope that, under new clause 16, Women’s Aid and the other fantastic organisations that we all support would be able to help the victims who could not make applications face to face because of their circumstances.

The hon. Lady raised the issue of secure tenancies. Again, that is addressed in the Bill, in clause 65. Our slight disagreement, as I have said, is on the point about a perpetrator’s ability to manipulate.

We want victims to have full control and ownership of their homelessness application and the accommodation offer from the local authority. That is what new clause 16 manages to achieve.

Domestic Abuse Bill (Seventh sitting)

Debate between Victoria Atkins and Alex Davies-Jones

Committee stage & Committee Debate: 7th sitting: House of Commons
Thursday 11th June 2020 Public Bill Committees

[Alex Davies-Jones (Pontypridd) (Lab)]

When the Minister talks about a national steering body, could she clarify whether she means England and Wales, or England only?

[Victoria Atkins]

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.

Domestic Abuse Bill (Fourth sitting)

Debate between Victoria Atkins and Alex Davies-Jones

Committee stage & Committee Debate: 4th sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Alex Davies-Jones]

Absolutely. There definitely needs to be a cohesive relationship between the Senedd, the UK Government and the commissioner to ensure that all gaps are filled and that nobody falls through the gaps, in terms of competency of what is devolved and what is not, so I absolutely would support that.

[Victoria Atkins]

I thank the right hon. Member for Dwyfor Meirionnydd for standing up for Wales. I do not want to get into a comparison of rural areas, but I do not have a court in my constituency either, nor do I have any train line, but that is a campaign for my constituency—other than the Lincolnshire Wolds steam railway, I should say.

I quite understand why the right hon. Lady has raised this, and I hope that she is reading particularly clause 11(4); she will see that we have been meticulous in respecting the devolution settlement in Wales and drafting the membership accordingly. The reason subsection (4)(b) refers to

“charities and other voluntary organisations that work with victims of domestic abuse in England”,

is that we respect that under the devolution settlement Wales is able to do, and indeed is doing, so much to look after its own victims. The same goes with healthcare services and social care services in England; they are specified precisely because of the devolution arrangements.

We have been very sensitive to the wish of the Welsh Government to continue their own programmes of work on this—indeed, the right hon. Lady has set out some of them—so we have been clear that the commissioner’s remit in Wales is restricted to reserved matters such as policing and criminal, civil and family justice. The membership of the advisory body, as set out in subsection (4), reflects the division of responsibilities.

However, in addition to seeking advice from the advisory board, the commissioner is not prevented from consulting Welsh bodies, whether devolved or not, to learn from their experience or to conduct joint work. I welcome that sort of co-operation and I expect the commissioner to work closely with the Welsh Government’s national advisers.

Domestic Abuse Bill (Second sitting)

Debate between Victoria Atkins and Alex Davies-Jones

Committee stage & Committee Debate: 2nd sitting: House of Commons
Thursday 4th June 2020 Public Bill Committees

[Alex Davies-Jones]

Thank you.

[Victoria Atkins]

Q My first question is to Councillor Blackburn. I hear Blackpool has been sunny this week—I declare an interest.

The Bill places a duty on tier 1 local authorities to provide support services to domestic abuse victims and their children in safe accommodation. Do you welcome that? What can we do to help you and your colleagues to implement that?

Simon Blackburn: We absolutely do welcome the duty and we want to make sure that local authorities are equipped to enact that duty in an appropriate way. There are a number of points to make.

Although the provision of safe and secure accommodation for victims, survivors and their children is absolutely fundamental, it represents a failure in all the systems. We should not be in a place where that is the only thing that local authorities are doing. There should be early intervention and prevention work taking place to make sure that women are not being removed from their homes and that, wherever possible, it is the perpetrators lives that are being disrupted.

Funding for domestic abuse services comes from the Government to a variety of different actors; local authorities are only one of those. Some funding is distributed directly to the third sector, some to police and crime commissioners and some to parts of the health service. It is important that we think about whether an opportunity ought to apply to those organisations as well. I do not think local authorities are the only people that can fix this.

In broad terms, we welcome the emphasis and the responsibility, but we want to see early intervention, prevention and community-based services given as much weight as accommodation-based services.