Domestic Abuse Bill — House of Lords, 2021-02-01
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): The noble Baroness, Lady Burt, my noble friend Lord Polak, and all noble Lords who have spoken in this debate have spoken to one of the core aims of this Bill, which is the provision of support to victims of domestic abuse and their children and, in particular, the provision of community-based support I am going to start with Amendment 176, because it has been the most spoken about and most clearly addresses this objective. If there is one thing on which we are all united—the central tenet of this Bill—it is that domestic abuse victims receive the support they need. This can be seen in the new statutory duty, included in Part 4 of the Bill, to provide support to domestic abuse victims and their children within safe accommodation. However, extending the duty in Part 4 is not without its challenges, as my noble friend Lady Bertin said The duty as it stands applies to tier 1 local authorities in England, and as such there is no ambiguity in where responsibility and accountability lie. Amendment 176 proposes something rather wider, applying to local authorities in England, local policing bodies in England and Wales and clinical commissioning groups in England. The drafters of the amendment are to be commended for seeking to navigate the devolution settlement in Wales, and I suspect that Amendment 177 is intended to complement Amendment 176 by addressing the position in Wales In placing a duty across three categories of public authority, the amendment could risk creating uncertainty about where the responsibility for discharging the duty actually resides. To that extent it lacks the clarity of the Part 4 duty, although I note the provision in the new clause for conflict resolution. I do not suggest that this is an insurmountable problem with the amendment It is important to recognise that there are already significant community-based support services available to victims of domestic abuse and other crime. Since 2014, Ministry of Justice funding has helped police and crime commissioners to support victims of crime within their local areas, addressing the specific local needs identified within their communities. This funding totalled £68 million in 2019-20. The strong knowledge held by police and crime commissioners about demographics and crime in their local areas allows them to allocate funding to those victims in need Clearly, local authorities and clinical commissioning groups also have a role to play, as have others. I recognise, however, that the current commissioning landscape is complex. I understand the need to ensure that whatever arrangements are in place, they are delivering comprehensive service provision and that the needs of victims are being met. It is essential too that perpetrators are held to account for their actions and challenged to make long-term, meaningful changes to their behaviour However, I put it to noble Lords that Amendment 176 is putting the cart before the horse. We cannot and should not legislate before fully understanding the current landscape of provision, knowing where the gaps are, how best to fill those gaps and what it is going to cost, as my noble friend Lady Sanderson said. This is the methodical process we went through before introducing the provisions in Part 4, backed up by £125 million in new funding. We need to adopt a similar process to community-based support For this reason, I welcome the domestic abuse commissioner’s commitment to leading a detailed mapping exercise into the current community-based support landscape, the pilot of which has already commenced in four local authority areas. That work is due to be completed towards the end of this year. The Government are committed to addressing the findings of this review and, should we find that there is a need for legislative changes, it is right and proper that we should consult on those so we can consider the views of the affected public authorities. In answer to the point made by the noble Baroness, Lady Lister, there will be further opportunities to legislate in this area, including the upcoming victims’ law This exercise will do for community-based services what the Ministry of Housing, Communities and Local Government did for accommodation-based services in significant depth before establishing the new duty in Part 4 of the Bill—I was a Minister in MHCLG when the whole process began. It held lengthy consultations with local authorities, the domestic abuse sector and victim support organisations before committing to the best course of action. Only through thorough engagement and investigation was it possible to understand whether legislative change was truly necessary and design a statutory duty that would appropriately address the needs of victims I recognise the concerns that the statutory duty in Part 4 may affect the existing provision of community-based services. As I have indicated, we are allocating £125 million to local authorities in 2021-22 to fund the new duty. As my noble friend Lord Polak said, the recent spending review has also secured an additional £40 million to victims of crime, including domestic abuse, in the community. Those details were announced today. This is on top of the additional funding we have provided to meet the immediate needs arising from the pandemic. I hope this provides reassurance that the Government take seriously their commitment to supporting all victims Of course, the argument can be made for more investment, but noble Lords will understand that we cannot make the case to the Treasury without the evidence to back it up. The commissioner’s mapping work is central to having that knowledge and understanding to enable us to make the case for more money. I know that Nicole Jacobs takes a different view, and it is an area where we will respectfully just have to agree to differ. It is her role to advise the Government and it is our clear responsibility to back up any new statutory duties with clear evidence of unmet need and a full understanding of the costs involved Additionally, the new domestic abuse strategy, complementing the refreshed violence against women and girls strategy, will further focus government attention on the needs of domestic abuse victims and perpetrators. Alongside this, the refresh of the national statement of expectations, due to be published later this year, will set out best practice for commissioning all violence against women and girls services. Finally, we are launching a victim funding strategy, to be published this year, to ensure that funding and commissioning practices for all victims are as effective as possible. I agree with my noble friend Lady Sanderson on the need for sustainable funding Amendment 101 seeks to ensure that all survivors of domestic abuse have access to a local welfare assistance scheme in any locality across England. We understand the importance of local welfare and assistance to provide an emergency safety net at times of unexpected need. Local authorities are best placed to understand the needs of the most vulnerable in their communities. That is why changes were introduced in 2013 to give local authorities the maximum flexibility to deliver emergency support as they see fit, according to local needs. The 2014 local welfare provision review found that local authorities were able to effectively target support at those who needed it most, joined up with wider social care The Government have provided local authorities with £131.7 million for local welfare assistance through the local government finance settlement in 2020-21. It is for local authorities to decide how best to use that funding, but in doing so they should ensure there is support for those most in need, including domestic abuse survivors We are committed to ensuring that people experiencing or fleeing domestic abuse have the local support they need. In particular, economic hardship should not be a barrier to someone leaving an abusive partner. In addition to local welfare support, those escaping domestic abuse can seek financial support through the welfare system Finally, on Amendment 177, I recognise the need for effective partnership working across the reserved-devolved demarcation line in Wales. I put it to my noble friend that the mechanisms are already in place to enable PCCs to co-operate with local authorities and health boards in Wales, including through community safety partnerships and the forthcoming new serious violence duty. While PCCs will not be subject to the serious violence duty, as with their existing functions in relation to community safety partnerships, PCCs may choose to collaborate with local partnerships and take a convening role to support the development and implementation of the local strategy Given these considerations, the amendments are, I suggest, premature. The Government recognise the importance of community-based services for those affected by domestic abuse. As I have said, we are committed to investigating, in collaboration with the domestic abuse commissioner, what needs to be done to ensure that victims who stay in their own home with their children are receiving the support they need. So that this work can go forward, I ask the noble Baroness to withdraw her amendment.