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Unequal Regard, Unequal Protection Public Authority Responses to Violence Against BME Women in England

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Unequal Regard, Unequal Protection Public Authority Responses to Violence Against BME Women in England UNEQUAL REGARD, UNEQUAL PROTECTION Public authority responses to violence against BME women in England “ BME women are being “ We don’t have local authority discriminated against and the support, so we start on the law is being applied arbitrarily.” back foot. We are seen as some BME woman victim of violence kind of maverick outfit and then vilified.” “ [Social services] told me, ‘You’ve BME VAW service provider just come to the UK, you used your husband to get in, so how “ The system should know who can he have abused you?’” is more powerful – the victim or BME woman victim of violence the perpetrator? He oppressed “ If a woman is a victim of me because he knew about the trafficking that took place on system. I was like a toy that he pulled with a cord.” UK soil, but is unwilling to give BME woman victim of violence a statement to the police, then the crime did not happen and “ Public authorities are counting she will get no support.” on BME women not being able BME VAW service provider to fight back.” BME VAW service provider “ There is chaos around the women…the women are not “We spend our life with the Home chaotic. No one will face up to Office [Visas & Immigration the fact that the systems we Department] explaining the have to protect BME women impact of trauma.” are not fit for purpose.” BME VAW service provider BME VAW service provider 1 SISTERS FOR CHANGE_BME women IN ENGLAND Unequal regard, unequal protection THIS REPORT This report assesses UK Government and public authority responses to violence against Black and Minority Ethnic (BME) women – at both central and local levels – across England. Given the announcement in June 2017 that the Government will bring forward a new Domestic Violence and Abuse Bill; the current crisis in confidence post-Grenfell of local authorities’ ability to meet their safeguarding responsibilities; and increases in community divisions following Brexit which have resulted in a sharp increase in race hate incidents, it is timely. Authored by Sisters For Change working in close partnership with BME partner organisations across England, the report reviews how public authorities are responding to BME women victims of violence and BME violence against women (VAW) service providers. The report presents the most extensive analysis of its kind to date, with a scope that ranges from an evaluation of current practices of commissioning and funding of BME VAW service providers across six local authorities in England, to a legal analysis of the weaknesses in current public authority and criminal justice responses to BME women victims of domestic abuse and slavery, domestic homicide, trafficking and child sexual exploitation, to findings revealing discrimination in the provision of social care and support to BME women victims of violence. The report’s intended audience is Government officials and policy makers, Members of Parliament, Mayors, Police & Crime Commissioners, Local Authority Councillors and VAW Commissioners, senior police officers and health, social service and other officials working on, formulating or implementing VAW laws or policy, or who are taking decisions related to commissioning, funding and delivery of VAW services. The findings and recommendations therefore focus both on suggested policy and legislative improvements as well as challenges in the practical and effective implementation of VAW laws and strategies. Sisters For Change would like to record our thanks to the senior police officers, Police and Crime Commissioners and their officials, local authority VAW commissioning managers and VAW strategy leads who engaged with us during our research and offered candid insights into the challenges they face. We recognise the examples of positive practice being driven at the local level by dedicated individuals, such as the Head of Community Safety at MPS Newham Borough, the Head of Public Protection at West Midlands Police and the Police and Crime Commissioner for Northumbria. The conclusion of this report is that despite positive steps taken to introduce new legislation on VAW and evidence of some innovative initiatives at the local level, the UK Government and public authorities are not effectively safeguarding the rights of BME women victims of violence or adequately supporting the critical BME VAW service providers that serve them. It recommends a rethink of the Government’s approach to combating violence against BME women, including ring-fenced funding for the BME VAW service sector, development of guidelines for local authorities on minimum service provision for BME women victims of violence, and suggests key areas of current legal and regulatory weakness that should be addressed urgently, either through the new Domestic Violence & Abuse Bill or otherwise. We hope that this report will support the calls from Imkaan, the national advocacy organisation for BME VAW service providers, and our BME partner organisations for the Government to strengthen specialist BME service provision and the support provided to BME women victims of violence in order to end the discrimination that has seen BME VAW services disproportionality hit by local authority cost-cutting and the inadequate protection of BME women victims of violence. Sisters For Change September 2017 © Sister For Change 2017 2 SISTERS FOR CHANGE_BME women IN ENGLAND Unequal regard, unequal protection CONTENTS EXECUTIVE SUMMARY 4 Findings 5 Recommendations 7 Report authors 8 Project partners and project funders METHODOLOGY 9 Area of review 9 Research methodology 11 Legal and data analysis 11 Key terminology INTRODUCTION THE NATIONAL PICTURE OF VIOLENCE AGAINST WOMEN CHAPTER 1 THE POLICY AND LEGAL FRAMEWORK TO COMBAT VAW IN THE UK 14 UK Government legislative approach to VAW 15 UK Government policy approach to VAW 16 UK Government legal obligations to combat VAW CHAPTER 2 GOVERNANCE, DEMOGRAPHICS AND VAW DATA OF AREA OF STUDY 20 Local governance structures 21 Ethnic diversity and social demographics 22 Local authority/Police Force Area financial and crime data related to VAW CHAPTER 3 BME WOMEN’S EXPERIENCE OF VIOLENCE & ABUSE 24 Summary of findings 24 Stereotyping of BME women 26 BME women’s experience of violence and support service needs 29 BME VAW service providers: a critical point of access 29 Recommendations CHAPTER 4 INADEQUATE COMMISSIONING & FUNDING OF BME VAW SERVICES 31 Summary of findings 31 Impact of localism & local authority budget cuts on BME VAW services 37 Central Government funding out of reach of BME VAW service providers 38 Government failing to live up to UK VAWG strategy & legal duties 40 Recommendations CHAPTER 5 NATIONAL WEAKNESSES IN POLICE RESPONSES TO DOMESTIC ABUSE 42 Summary of findings 42 Initial response: failure to accurately assess risk of harm to victims 43 MARAC model failing to protect high risk victims 45 Falling numbers of arrests and sanctions in domestic abuse cases 46 Inadequate use of police powers to protect victims of domestic abuse 47 Recommendations CHAPTER 6 FAILINGS IN PUBLIC AUTHORITY RESPONSES TO VIOLENCE AGAINST BME WOMEN AND GIRLS 49 Summary of findings 49 Failure to protect BME victims of domestic abuse and slavery 51 Failure to protect high risk BME victims of violence 52 Failure to learn lessons from domestic homicides of BME women 55 Failure to protect BME victims of trafficking 57 Failure to protect BME girls from child sexual exploitation 59 Stereotyping of BME women victims of violence and discrimination in provision of care and support CHAPTER 7 RECOMMENDATIONS FOR THE DOMESTIC VIOLENCE & ABUSE BILL 66 A PPENDICES 78 ENDNOTES 1 SISTERS FOR CHANGE_BME women IN ENGLAND Unequal regard, unequal protection EXECUTIVE SUMMARY UNEqual REGARD, UNEqual PROTECTION Global concern about the disturbingly high levels of violence against women internationally has led the United Nations High Commissioner for Human Rights to call for governments to recognise domestic homicide as a form of “arbitrary execution” and to provide shelters and protection orders for women victims of violence as “survival tools.” In the UK, the Prime Minister Theresa May has claimed the Conservative Government has delivered “real steps towards tackling domestic violence” over the last 7 years. While there is still no statutory definition or specific criminal offence of domestic abuse in England and laws to tackle violence against women (VAW) and protect victims of violence remain unevenly implemented and applied across the country, the Government’s steps to tackle VAW include a raft of new legislation, much of which was introduced by the Prime Minister in her previous role as Home Secretary. The Prime Minister has made her on-going commitment to combating domestic violence clear. Her 2017 manifesto pledged to support domestic abuse victims to leave partners and to review funding for refuges. The UK Parliament in April this year passed a Bill designed to monitor the Government’s timetable for ratifying the Istanbul Convention. And most recently, the Prime Minister has announced her intention to “completely transform the way we think about and tackle domestic violence and abuse” by bringing forward a new Domestic Violence and Abuse Bill. Whilst we strongly support this initiative, Sisters For Change believes that the new Bill must respond more effectively to the needs and rights of all women, including specifically BME and refugee women. Too often UK legislation and policy are 2 SISTERS FOR CHANGE_BME women IN ENGLAND Unequal regard, unequal protection designed and developed as though women are one homogenous group, with the result that law and policies fail to address the differentiated needs and intersectional discrimination of BME women and fail to ensure equal outcomes for victims. BME and refugee women experience higher rates of domestic homicide and are 3 times more likely to commit suicide than other women in the UK, and 50% of BME women victims of violence experience abuse from multiple perpetrators. In addition, 40% of BME women live in poverty and BME women are more likely than other women to be living in a deprived area, have experience of the State care system and suffer from discrimination and racism.
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