Baroness Finlay of Llandaff
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Domestic Abuse Bill
Baroness Finlay of Llandaff ExcerptsMonday 1st February 2021
(3 years, 2 months ago)
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Baroness Finlay of Llandaff (CB) [V]
My Lords, I am delighted to follow my noble friends Lord Ramsbotham and Lady Andrews. In a response to a Written Question in June last year from Geraint Davies, the Member of Parliament for Swansea West, the Minister drew attention to the government website provisions and referenced different languages and British Sign Language. These are all welcome and laudable initiatives, but they require a person to be able to read, have reasonable IT literacy and be able to communicate to others. As chair of the National Mental Capacity Forum, my specific concern here is for those with learning difficulties.
I have become very aware of the startlingly high incidence of abuse of people with any type of disability, as we debated last week. For many, even easy-read format is not enough. I draw attention to Books Beyond Words, which explore topics in pictorial format. One example is Telling About Abuse: a Leaflet for Deaf Adults. These books can be used irrespective of any language. The Ask for ANI initiative is excellent and the easy-read information on the government website is easy to follow. It lays out the number 55 to use on dialling 999 in a way that is indeed easy to follow.
This amendment does not imply any criticism of all the Government have done so far. However, I suggest that they can build on it by including the spirit of this amendment in statutory guidance. The important 2015 report from Public Health England, Disability and Domestic Abuse: Risk, Impacts and Response, states:
“Effective domestic abuse services for disabled people should be accessible and barrier-free.”
Those with severe sensory, cognitive or communication impairments or mental health issues may be particularly at risk and unable to access support through any standard routes. Even having a severe stammer can make using the phone difficult, let alone if a person is aphasic or dysarthric. Some people may need augmentative and alternative communication devices or urgent speech and language and other specialist support.
People with an intellectual disability are at least 1.6 times more likely to experience violence. They may be less able to defend themselves or even to recognise, report and escape abuse. Impairment, such as traumatic brain injury or intellectual, learning or cognitive impairments, may limit a disabled person’s ability to understand and recognise the potential signs of danger and abuse. All this is compounded if people with sensory impairments miss visual or auditory warning signs of abuse.
NICE guidance on domestic abuse recommends that support is tailored to meet disabled people’s needs. In responding to this amendment, I hope the Government will be able to provide assurance that the guidance will require all domestic abuse services to stay up to date with advances in communication and information resources, including new technology.
Baroness Burt of Solihull (LD) [V]
My Lords, this is a small amendment but nevertheless it is definitely a point worth making. I was not privy to the debate last week, but my reading of the amendment was that it piggybacked on Clause 55(1)(b), on the requirement to prepare and publish a strategy for providing support. I read it as requiring the local authority to communicate the support available, as opposed to the strategy itself—so I was right there.
“Accessible and inclusive” is important too for people with communication difficulties. It is obvious that to have support available, you have to have potential recipients actually know about it. That means putting notices in accessible, everyday places where potential victims will see them. I have seen them on the back of toilet doors, and I would like to see them on workplace notice boards, buses, Tubes and billboards, and in shops and myriad other places. They must be accessible for everyone: in Urdu, Romanian, Greek, African—you name it. In order to be able to read or see a notice, people need it to be there in front of them.
As the noble Baroness, Lady Andrews, said, as well as ease of reading, it is important that we consider all kinds of disability and use more innovative, technical methods of communication. The message must be clear. The noble Baroness, Lady Finlay, also mentioned books without words, which is a very useful idea. That message, “you are not alone”, “help is at hand”, “dial this number”, “go to your pharmacist and ask for ANI”, and so on, could literally be a life saver.
“(d) ensure all Child Contact Centres and organisations that offer facilities or services for child contact are accredited, to ensure domestic abuse and safeguarding protections for children and families.”
Baroness Finlay of Llandaff (CB) [V]
My Lords, this amendment concerns the protection of children and the importance of child contact centres being accredited to ensure that. As we have heard in previous debates, the UK has one of the highest rates of family breakdown. This should be a cause of great concern in our society. With nearly 25% of children living with only one of their parents and more than a million who never see the other parent after separation, child contact centres are more important than ever.
The mission of the National Association of Child Contact Centres is to ensure that:
“Parenting shouldn’t end when relationships do”.
All the research on family breakdown has shown that children in general do better when they have contact with both parents. Many children still view a non-resident parent as an important figure and value their effort and commitment to maintain contact. However, we have heard of the damaging impact on children of experiencing or witnessing domestic abuse and the ways in which children can be used to manipulate or abuse a parent. This means that careful consideration must be given to each case when discerning appropriate contact arrangements while ensuring that the voice of the child is at the centre of everything that is done.
The National Association of Child Contact Centres has 350 accredited centres so far across England and Wales. They have been evaluated through an independent standards panel which assesses compliance to the agreed national standards, which can lead to accreditation. However, there is currently no specific provision in law to ensure the same high standards across all child contact centres and services, or across all postcodes. There is no requirement for oversight of centres and services for self-referred cases outside the court system.
Contact centres provide a safe, neutral environment where children can meet and play with family members they do not live with. Many families are referred by the courts to supported contact centres, run by volunteers who keep an eye on the children at the centre, or supervised contact centres run by qualified social workers. In cases where a parent has a history of domestic abuse or other harmful behaviour, supervised contact centres provide a neutral drop-off point so that a victim parent does not have to meet their abuser and interactions between parents and children can be closely monitored.
It is essential that all contact centres are accredited, with high standards of services and safeguarding, to ensure the safety and well-being of children who have already been through so much. Without high standards of training and staff supervision, it is all too easy to miss the early warning signs of re-emerging or escalating problems. I hope that the Government will recognise the importance of child contact centres for families and children who have experienced domestic abuse, and that they will seek to ensure that all families have access to an accredited centre which can meet their increasingly complex needs. I beg to move.
Lord Wolfson of Tredegar (Con)
My Lords, I am grateful to the noble Lord, Lord Ponsonby, for that point. As I said in my response to the main debate, even unaccredited centres are still subject to the various requirements that I set out, but I am very conscious of the noble Lord’s expertise in this area. In a previous answer, I committed to writing a long letter to him. I do not want to add to it now, but perhaps he and I can have discussions, with the noble Baroness, Lady Finlay, which include the point he raises. I hope that is helpful.
Baroness Finlay of Llandaff (CB) [V]
I am most grateful to the Minister for his response, and for saying that he will meet me and, I hope, the other noble Lords who have put their names to this amendment and whose experience is extremely important. I find it difficult to understand why the Government do not want to close this loophole. It seems terribly important to ensure that there is adequate safeguarding of children. I have a real worry that the commissioning process is more likely to fail now that there are increasing pressures on local authorities, and that the need to ensure accreditation has become even greater. Sadly, in some areas, the local authority does not have a great deal of choice as to the services that are there, so I would question the flexibility to pick and choose implied in the Minister’s response. I will certainly make every effort, with those who have co-sponsored the amendment, to get as much data as we can for him.
As the noble Baroness, Lady McIntosh of Pickering, who certainly knows more about this than any of the rest of us, highlighted, this is the only service which is not nationally accredited. This seems remarkably dangerous. The noble Lord, Lord Ponsonby, rightly pointed out that it is self-referrers who may use centres that are not accredited, and they will quite often have alcohol, drug or other problems they are trying to sort out. How they behave towards the children there must be observed carefully by people who know what they are looking for and have been properly trained, and where the whole service has been assessed against some standard criteria. In terms of the commissioning process, I would have thought that it would help local authorities to have those standards against which to check the services that they have on their patch and that they may be putting money into.
As the noble Baroness, Lady Burt of Solihull, pointed out, in a way it is completely at variance with the whole principle of the Bill if we do not include an amendment, with either this wording or something similar, in the Bill. The whole Bill is aimed at decreasing domestic abuse and protecting people from further abuse. It is not meant to be a straitjacket; it is meant to be a really supportive framework. However, if we do not have high standards in that framework, I fear that some of the most vulnerable—that is, the children—will drop through the gaps and we will see more children getting killed.
While for the moment I will withdraw the amendment —I am grateful for the support of everyone, including the noble Baroness, Lady Jones of Moulsecoomb—I think we will need to come back to this at a later stage. I look forward to meeting the Minister. In the meantime, I beg leave to withdraw the amendment.
Baroness Eaton (Con) [V]
My Lords, I declare my interest as a vice-president of the Local Government Association. I am pleased to speak in support of Amendment 176 in the name of my noble friend Lord Polak.
Extending the current statutory duty to police and crime commissioners and clinical commissioning groups is a welcome step that the Local Government Association has previously called for. There needs to be a mutual duty on a range of organisations to ensure that there is provision of emergency accommodation and community support service, and not just a duty placed on tier 1 local authorities. However, it remains my view that imposing a statutory duty on local authorities that is overly prescriptive and does not allow for local flexibility is not the best way of improving services. An improvement-led approach is the best way to provide local domestic abuse services.
The £40 million for specialist services has already been referred to, and is most welcome. However, it is not clear whether the funding made available in the government spending review will be adequate to meet the needs of all domestic abuse victims, as the allocation of funding per area is still to be announced. A statutory duty to deliver community-based services and specialist services will not be effective without a clear commitment from government to provide adequate and sufficient funding, as many speakers have said today. There is a need, long called for, for wider investment in prevention and early intervention services, community-based support and perpetrator interventions. Additional investment in these preventive services is vital.
Baroness Finlay of Llandaff (CB) [V]
My Lords, many important points have been made in this debate. In particular, I hope my remarks on Amendment 177 will supplement the points made by my noble and learned friend Lord Thomas of Cwmgiedd.
I was glad to hear from Jane Hutt, Deputy Minister and chief whip in the Senedd, in her letter to me of 29 January that the designate domestic abuse commissioner for England and Wales, Nicole Jacobs, has agreed to hold regular meetings with the Welsh Government to discuss how to further improve the prevention of domestic abuse and support victims in a devolved context. The Welsh Government are a strong advocate in eradicating all forms of domestic abuse.
Sadly, calls to Wales’s national helpline, Live Fear Free, rose by nearly 50% in the first wave of the pandemic, call time trebled and callers often reported more frequent abuse with shorter escalation periods. Visits to the Live Fear Free website increased markedly too. I am glad to know that Her Majesty’s Government are working closely with the Welsh Government, because it is crucial that the Domestic Abuse Bill and the Violence Against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 are complementary and enable all victims of domestic abuse across England and Wales to have access to the specialist services that they need, wherever they live.
We must leave no gaps in the legislation for victims of domestic abuse to fall through. I hope the Minister can assure me that both non-devolved and devolved public sector actors can work together to ensure that our service models are aligned and that equivalent funding is allocated to support domestic abuse services in Wales.
According to Welsh Women’s Aid, even before the pandemic over 500 survivors were unable to access refuges due to lack of space, capacity and resources. Now, when many do not have access to their usual support networks, it is more important than ever that we leave no one behind. Domestic abuse survivors in Wales must be able to easily understand how the devolved and non-devolved competency areas interact and have confidence that they will have access to the services they need, when they need them.