Stalking Advocates Debate

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Department: Home Office

Stalking Advocates

Toby Perkins Excerpts
Monday 31st January 2022

(2 years, 2 months ago)

Westminster Hall
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Toby Perkins Portrait Mr Toby Perkins (Chesterfield) (Lab)
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It is a great pleasure to follow the hon. Member for Bolsover (Mark Fletcher), a constituency neighbour. It is a great shame that the debate coincides with the Prime Minister’s statement, because a number of other hon. Members would have liked to be in the Chamber and would have been in different circumstances. But these are the vagaries of the political calendar, as we all know.

I start by paying tribute to Richard, Alison and the whole family, because they have faced a grief and an anguish that is every parent’s worst nightmare. There is almost nothing worse for a parent than attending their child’s funeral, but to attend the funeral of their child in such circumstances, while thinking that steps might have been taken to prevent it, is an unspeakable anguish that no parent should have to tolerate. They have responded to that appalling chasm of grief by saying that they want to get something positive out of it. They know that they cannot bring Gracie back, but they want to support other families so that they do not suffer the same kind of grief. That is inspirational and it makes me very proud to have them as constituents and friends.

I would like to pay tribute to Jackie Barnett-Wheatcroft, who started the petition. Jackie leapt into action as soon as the funeral had passed, initially introducing a paper petition that was supported by the entire community and had over 17,000 signatures in a matter of weeks. Jackie counted them all, which was quite a performance. I will be presenting a paper petition later this evening that will also refer to that. Having being told that a debate in Parliament needed an e-petition, Jackie worked with the parliamentary authorities, assisted by the hon. Member for North East Derbyshire (Lee Rowley), to get a petition on the parliamentary system. That has led to today’s debate.

The funeral of Gracie Spinks was attended by thousands, and her murder sent shockwaves through the people of Chesterfield and beyond, as the hon. Member for Bolsover said. Many people in Chesterfield would have liked to have been here if covid restrictions had not prevented it. The outpouring of grief and anger that followed Gracie’s murder did not surface just because of the tragedy of a vibrant life cut needlessly short. There was also the sense that more could have been done to save her and that the support a victim of stalking receives is so often inadequate. That is what brings us to the debate today. Gracie’s family and the wider Gracie’s law campaigners are determined that some good must come from that appalling tragedy and that we should all do all we can to prevent other families suffering the same heartbreak that Gracie’s family endure daily. The petition is an important part of that campaign.

When the petition achieved 10,000 signatures, the Government responded and pointed out the contribution they have made to the stalking advocacy charity Paladin. They also referred to other stalking advocacy charities, such as the Suzy Lamplugh Trust. They referred to the tackling violence against women and girls strategy. I suspect that we will hear about those from the Minister today. Just like the hon. Member for Bolsover, I will hope that, in recognising the steps that Government have taken, there will also be a recognition that the experience of Gracie’s family and others tells us that far more needs to be done.

I entirely agree with what the hon. Member for Bolsover said about cultural change and the difficulties that some men experience in recognising their role in an everchanging world, but there needs to be a real focus within the debate on policing, justice, access to the courts and enforcement of the law, as well as measures to prevent people from stalking. In advance of the debate, I spoke to Paladin to understand more about the barriers that victims face and to hear more what it sees as the steps that would make a difference. Paladin explained that stalking is often misunderstood, both by the wider public and by police forces. It can be misrepresented as domestic violence, but in Gracie’s case, and indeed in many cases, there has never been a relationship between the stalker and the victim. Some victims have never even met their stalkers. The nature of the offence is often misunderstood and incorrectly recorded.

The nature of the stalking can often progress and change shape and increase in its intensity and obsession. It will also often be a series of acts, some of which are criminal offences and others of which are not. Offences such as vandalising a victim’s car or making malicious communications end up being recorded as a series of individual criminal damage offences, rather than being recognised as a collective campaign of stalking. In common with many other crimes that take place predominantly against women, stalking charities tell me that police often place a huge burden of proof on victims before they start investigating, in a way that is not expected with other crimes. When someone phones the police to complain that they have been a victim of a house burglary or have had their phone nicked, it is accepted as fact that the crime they are reporting has been committed, whereas with this sort of crime, there is an expectation that victims will turn up armed with evidence to get an investigation going. That frustration at the lack of investigation and detection is a common complaint of stalking victims and their families.

Alongside the physical manifestations of stalking, the majority of incidents often have an online aspect. That could be threats made online, posting things that are designed to be embarrassing or intimidatory, posting abusive messages or posting about doing harm to a victim. That leaves a footprint, and often if police followed up and investigated the online presence of accused stalkers, they would identify the evidence they need. However, because such events are often recorded as criminal damage, malicious communications or other lesser offences, the wider investigation simply does not happen. A lot of the evidence I have heard and seen in this case is that if only a number of different events had been pieced together in a single picture, there might have been greater support for Gracie.

The petition asks the Government to increase funding to ensure that there are people advocating for victims of stalking in every police force. That aspect of the petition is incredibly important, and I stress it to the Minister, because the response given when the petition reached 10,000 signatures was predominantly about supporting stalking advocacy charities. Charities such as Paladin do amazing work going into police forces and training up officers and providing a kit that officers can use. However, we need that culture within the police—not a junior person doing that but someone with the authority within the force to ensure that that culture changes and that every single police officer protects people in the ways that we should want for our own daughters if we were reporting the issue. The postcode lottery and inconsistency of service—both from force to force and even within forces, depending on which officer picks up the case—are entirely unacceptable. The need for all forces to have a specific case manager with an appropriately senior ranking to ensure that stalking is properly understood and appropriately policed is urgent. I stress that when we talk about stalking advocacy, we are talking about supporting charities, but we are also talking about having an advocate inside police forces who will make sure that the voices of victims are heard.

There are other aspects of the issue that we can deal with here in this place. My hon. Friend the Member for Gower (Tonia Antoniazzi) referred to the appallingly lenient sentences handed out in the case she mentioned, which we have all seen. I will speak a little more in a moment about the impact of stalking on victims, and it is imperative that the Government recognise the physical and mental torture of stalking on its victims, and that sentences should be appropriately severe. It is also crucial that the backlog in court cases is tackled, because we cannot underestimate the number of people who go to the police and then find 12, 18 or 24 months later that offences that have been reported have still not reached court. Often victims will say, “I simply can’t cope with waiting for this any longer. I want it over.” As a result, they will not go through with the process and the perpetrators will get away with it. Often they will hear about the appalling situation in our courts and decide not to pursue the case with the police.

For Gracie, it was very much a case of her wanting it to stop. She was not necessarily looking to pursue the legal aspects; she wanted appropriate support. A whole range of victims out there are being failed by our police, by our sentencing regime, and by the fact that they are unable to get into court to have their cases heard. Each is central to the question, as are all the important points raised within the strategy about the culture, tackling perpetrators, trying to discourage and other things. We need to make sure that we get the policing, sentencing and court availability right.

As I said a moment ago, there is a key role for stalking awareness charities such as Paladin. They do great work in improving the knowledge base of police forces, but the charitable sector is only part of the solution. I reiterate that the petition demands that the Government recognise the failure that the Spinks family experienced and take action to ensure that a culture of understanding and zero tolerance is endemic in every police force. A specific stalking advocate within the police force would be expected to have regular oversight of stalking cases and ensure that officers developed the understanding and skills that are too often lacking. Gracie Spinks’s case had the most appalling ending imaginable—the nightmare of every parent. Thankfully, most cases do not end in violent murder, but the impact on all victims of stalking is profound.

Stalking victims are not free. They are constantly looking over their shoulder and are forced, more than the rest of us, to be careful. They go out to their car in the morning, wondering whether it will have been attacked. They open their post, wondering whether they will be greeted by an abusive message. They turn on their computer, wondering what will have been posted to them or about them. Every time they answer their phones, they do not wonder whether it will be a payment protection insurance salesman, but whether the anonymous number will be spouting a torrent of hateful or disturbing abuse. They develop a habitat of looking out for a certain car; every red Ford Fiesta gives a victim a chill of fear if that is what they know their perpetrator drives, until they can assure themselves that it is not the same car. Not all victims of stalking end up in a graveyard, but they are all scarred and it is so important that we give them the support that they need. There are male victims and female perpetrators of stalking, but it is predominantly a crime committed by men against women. It is about power and control, and although it can take many forms, its effects are always debilitating.

The petition is of tremendous importance, as is the Minister’s response. I was asked in a TV interview today how important the debate was, and I had to say, “I don’t know. It’s all about the actions that the Government take.” We all know that we are in the process of discussing a huge number of issues in this place, and there is a widespread desire across the political spectrum to take action and prevent stalking. I am absolutely certain that the Minister takes the issue as seriously as I do, but it is a case of whether there are the necessary resources, legal backing, sentencing support and determination to address the court shortage, and whether we have taken all the steps that need to be taken for us to be able to look a family in the eye and say we have genuinely done all that we can. The petitioners demand that the Government recognise that the steps taken so far are not adequate, and that standards of policing must improve for stalking victims.

We are in the later stages of the Police, Crime, Sentencing and Courts Bill, and we are told that the Government also intend to introduce a victims Bill. Both those Bills seem to be appropriate vehicles to bring forward a Gracie’s law, to ensure that funding is provided for a stalking advocate in every police force, leading to better protection for victims of stalking, and that those obligations on police forces are written into law.

We can never say that Gracie Spinks will be the last victim of a stalker. Tragically, that is almost certainly not the case, but those of us in this place can resolve to do all we can to ensure that police forces understand the crime and have the resources to tackle it, so that more families like Gracie’s are not left asking, “Why wasn’t something done?”

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Toby Perkins Portrait Mr Perkins
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I agree entirely with my hon. Friend. I was reading in detail the Government’s response to the petition when it reached 10,000 signatures. It says that,

“the College of Policing provided a set of new advice products on stalking for police first responders and call handlers, and in November 2019 it released a new product for investigators.”

I have no doubt that they are very useful things. However, it needs to be compulsory and it requires real leadership from the very top of the police force that this is a priority. Instead of it being something that officers can avail themselves of, I want it to be something that every single officer is doing. I want to see the recommendations acted upon.

Jess Phillips Portrait Jess Phillips
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I 100% agree. I take my hon. Friend back to my terrorism analogy: imagine if we allowed the police to freestyle how they dealt with terrorism—that we did not have specific tasks that police force areas had to follow.

The same priority is never given to male violence against women. It is never, ever considered to be the most pressing issue. More than 20% of all police call-outs are cases of violence against women and girls. Do we think that those cases get 20% of the policing budget in any area? Can we all guess? I do not want to turn this into a pantomime, Sir Mark, but I think we can all guess that they do not get anywhere near that amount. The reality is that this support has to be driven with the political will shown by the 100,000 people who signed the petition. The hon. Member for Bolsover said that he was proud that this was the issue that mattered to his people. The country has spoken again and again in the last two years—more so than ever before—to say, “This issue matters to us.”

In my lifetime of working in this area, which now seems like many lifetimes, I have never known the country to push this as an issue of political will quite as much as it has in the wake of Sarah Everard’s death. These things will only change when every police force area knows that if it does not, the chief constable will be sacked. This proposal will only work if the issue is addressed when allocations of budgets come from the Government. Although I like the £151 million, the Minister and I both know—because it has been announced quite a few times over the years—that £125 million is going to refuge accommodation and has nothing to do with the police. It will go to local councils to offer refuge accommodation—not necessarily to the standard that I would like to see, but still better than nothing.

The reality is that we in this place have to say that, crime-wise, this issue is our priority and we are going to push it through to the bitter end, so that when a Prime Minister stands up and says that the single most important thing a leader can do—the first line of Government—is to ensure the safety and security of their citizens, in their head they are remembering that women and girls exist.

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Rachel Maclean Portrait Rachel Maclean
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Absolutely, we want to see the number go up. We will be publishing the figures as soon as we are able to.

This debate has rightly focused on the police response, not just in Gracie’s case—which I am not commenting on—but generally across the country. I want to talk about some of the things that the police have done. The hon. Lady referenced the 2017 inspection, which showed a number of failings, to put it that way, in the police response. Since then, forces have identified a number of improvements that have been taken forward, and they have published a national stalking and harassment improvement plan.

Every force must now have a single point of contact for stalking concerns. There is also a change in the Home Office’s crime counting, which was mentioned by the hon. Member for Chesterfield. Each force must ensure that stalking is recorded as the main crime before anything else—for example, criminal damage. I think that it is a very helpful point.

Toby Perkins Portrait Mr Perkins
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Will the Minister give way?

Rachel Maclean Portrait Rachel Maclean
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I will, but briefly—I do not have much time left, and I have a lot to say.

Toby Perkins Portrait Mr Perkins
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On the question of the single point of contact, is that for the victim or is there a single person managing the cases? If the latter, could she tell us about the seniority of the officer?

Rachel Maclean Portrait Rachel Maclean
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I will respond in writing to the hon. Gentleman, because I cannot do justice to that question in the time that I have left. I will come back to him on that.

I want to get on record some of the other vital protections and improvements in the police response across the country. It is vital that the police are provided with the correct materials and training to deal with stalking appropriately to ensure that they are confident in identifying stalking cases. That is why new advice and training products are being made available to police first responders, call handlers and investigators, making clear the key differences between stalking and harassment.

The hon. Member for Gower asked for information on the west midlands pilot. We have confirmed £11.3 million funding for PCCs to run programmes to address stalking and to evaluate the success of this work. The project is in its early stages, but we will provide her with an update from the west midlands police and crime commissioner when we are able to.

The violence against women and girls strategy also confirmed that the Home Office has this financial year tripled the funding that we provide to the Suzy Lamplugh Trust, which runs the national stalking helpline. That funding is enabling it, among other things, to expand its advocacy work. Since July, the trust has used the funding to provide advocacy support for 29 people who are particularly vulnerable or whose cases are particularly complex. I visited the helpline in November, and it was an incredible experience to see at first hand its vital work and how it is helping so many victims.

Hon. Members will be aware from our response to the petition last August of the additional funding for the national stalking helpline and of the almost £100,000 that we provided to Paladin, which many Members mentioned. I thank Paladin for what it does. We provided funding to it between April 2020 and March 2021 to provide additional independent stalking advocacy caseworkers during the height of the pandemic. The provision of ISACs trained by Paladin is also part of the Home Office’s funding to the Merseyside police and crime commissioner to address the behaviour of stalking perpetrators.

In the current financial year, the Ministry of Justice will have provided just over £150 million for victim and witness support services, including an extra £51 million to increase support for sexual violence and domestic abuse victims. That includes funding for independent domestic violence advisers. Domestic abuse funding can include stalking that takes place in a domestic context, where the stalker might be a former partner or a family member of the victim. It is open to police and crime commissioners to use their core, un-ringfenced funding to fund ISACs. The point has been made that stalking does not always take place in a domestic violence or abuse context. It is also correct to say that we do not ring fence funding for independent stalking advocacy caseworkers in the same way that we do for equivalent roles in domestic abuse and sexual violence, as the petition and many Members have referenced.

I will move on to the work that is being led by the Deputy Prime Minister on the victims Bill. A consultation that includes questions about advocacy services is open, and the consultation paper is clear that it focuses primarily on domestic abuse and sexual violence advocates. That is because we have a more developed understanding of those positions, Government funding for the roles and what is needed, but we appreciate that similar roles, such as ISACs, exist and are helpful. There are questions in the consultation that apply equally to all advocacy services. The consultation remains open until this Thursday, and I encourage anyone who is interested to submit their response.

Toby Perkins Portrait Mr Perkins
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Is it the Minister’s view that the proposal made in the Gracie’s law petition would be best applied to the victims Bill or to the Police, Crime, Sentencing and Courts Bill, or is her argument that we do not need legislation in this area?

Rachel Maclean Portrait Rachel Maclean
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If the hon. Gentleman will forgive me, I am making no such argument. On the victims Bill, I encourage him to continue his conversations via the consultation process with the Deputy Prime Minister and the Ministry of Justice. I am setting out the work that the Government are doing. If the hon. Member for Chesterfield will forgive me, I will come on to the response to the consultation, and work that is happening across Government.