House of Commons Home Affairs Committee

Domestic Violence, Forced and “Honour”–Based Violence

Sixth Report of Session 2007–08

Volume II Oral and written evidence

Ordered by The House of Commons to be printed 20 May 2008

HC 263-II Published on 13 June 2008 by authority of the House of Commons : The Stationery Office Limited £36.50

The Home Affairs Committee

The Home Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the and its associated public bodies.

Current membership Rt Hon Keith Vaz MP (Labour, Leicester East) (Chairman) Tom Brake MP (Liberal Democrat, Charshalton and Wallington) Ms Karen Buck MP (Labour, Regent’s Park and Kensington North) Mr James Clappison MP (Conservative, Hertsmere) Mrs Ann Cryer MP (Labour, ) David TC Davies MP (Conservative, Monmouth) Mrs Janet Dean MP (Labour, Burton) Patrick Mercer MP (Conservative, Newark) Margaret Moran MP (Labour, South) Gwyn Prosser MP (Labour, Dover) Bob Russell MP (Liberal Democrat, Colchester) Martin Salter MP (Labour, Reading West) Mr Gary Streeter MP (Conservative, South West Devon) Mr David Winnick MP (Labour, Walsall North)

The following Member was also a Member of the Committee during the inquiry:

Mr Jeremy Browne MP (Liberal Democrat, )

Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No 152. These are available on the Internet via www.parliament.uk.

Publication The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/homeaffairscom. A list of Reports of the Committee since Session 2005–06 is at the back of this volume.

Committee staff The current staff of the Committee are Elizabeth Flood (Clerk), Jenny McCullough (Second Clerk), Elisabeth Bates (Committee Specialist), Sarah Harrison (Committee Specialist), Mr Tony Catinella (Committee Assistant), Mr Ameet Chudasama (Chief Office Clerk), Sheryl Dinsdale (Secretary) and Ms Jessica Bridges-Palmer (Select Committee Media Officer).

Contacts All correspondence should be addressed to the Clerk of the Home Affairs Committee, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 3276; the Committee’s email address is [email protected].

Witnesses

Tuesday 22 January 2008 Page

Chief Constable Brian Moore, Association of Chief Police Officers’ lead for , and Ms Jude Watson, Domestic Violence Implementation Manager, Crown Prosecution Service Ev 1

District Judge Marilyn Mornington, Chair of Domestic Violence Working Group, Family Justice Council, Lord Justice Wall, and Mr Phil Mackin, Interventions and Substance Abuse Unit, National Probation Service Ev 7

Tuesday 29 January 2008

Ms Shazia Qayum, a survivor of a forced marriage, Commander Steve Allen, Association of Chief Police Officers’ Honour-based Violence lead, and Mr Nazir Afzal, Director, Crown Prosecution Service (London West) Ev 16

Tuesday 19 February 2008

Ms Nicola Harwin, Chief Executive, Women’s Aid, Ms Sandra Horley, Chief Executive, Refuge, and Ms Jasvinder Sanghera, Director, Karma Nirvana Ev 27

Ms Jo Todd, Director, Respect, Mr Mark Coulter, Male Victims Development Officer, Men’s Advice Line, and Mr Ben Jamal, Chief Executive, Domestic Violence Intervention Project Ev 37

Thursday 21 February 2008

Jagdeesh, Imran, Ajmal, Anita*, Kiranjit, and Meena (*Name has been changed to protect identity) Ev 42

Tuesday 4 March 2008

Ms Diana Barran, Co-ordinated Action Against Domestic Abuse Ev 56

Mr Iain Wright MP, Parliamentary Under-Secretary of State for Communities and Local Government, and Kevin Brennan MP, Parliamentary Under- Secretary of State for Children, Schools and Families Ev 58

Ms Kiranjit Ahluwalia, domestic violence survivor, and Ms Hannana Siddiqui, Southall Black Sisters Ev 67

Mr Vernon Coaker MP, Parliamentary Under-Secretary of State for Crime Reduction, Home Office Ev 69

Tuesday 25 March 2008

Ms Anjum Mouj, Development Manager, and Ms Sumanta Roy, Capacity Building Manager, Imkaan Ev 75

Mr John Gaskin, Managing Director, Education Bradford, Ms Kath Tunstall, Director, Children’s Services, Bradford City Council, and Mr John Freeman, Joint Director, Association of Directors of Children’s Services Ev 80

Meg Munn MP, Parliamentary Under-Secretary for Consular Affairs, Mr Mark Sedwill, Director, UK Visas and Mr Rob Macaire, Director, Consular Services, Foreign and Commonwealth Office Ev 85

List of written evidence

1 The British Medical Association Ev 96 2 PARITY Ev 101 3 Dewar Research Ev 102 4 Standing Together Against Domestic Violence Ev 105 5 Asylum Aid Ev 109 6 Independent Police Complaints Commission Ev 111 7 CAADA Ev 119 8 Families Need Fathers Ev 122 9 Janet Bowstead Ev 125 10 Dr M J George Ev 128 11 The Mankind initiative Ev 132 12 Newham Asian Women’s Project Ev 136 13 End Ev 139 14 Haven Wolverhampton Ev 140 15 Gloucestershire County Council Ev 143 16 Refuge Ev 147, Ev 335 17 Cotswold District Council Ev 160 18 Paula Harding, Pan-Birmingham Domestic Violence Co-ordinator Ev 162 19 Children Are Unbeatable! Alliance Ev 165 20 T H Aldridge Ev 167 21 Imkaan Ev 170, Ev 427 22 Association of Chief Police Officers of and Wales and Ev 174 23 Equality and Diversity Forum Ev 177 24 Association of Chief Police Officers Domestic Abuse Portfolio Ev 180 25 Association of Chief Police Officers and Harassment Portfolio Ev 182 26 Children Are Unbeatable! Alliance Cymru Ev 185 27 NSPCC Ev 187 28 TUC Ev 192 29 Stella Project Ev 195 30 Respect Ev 200, Ev 383

31 Women’s Aid Federation of England Ev 205, Ev 440 32 Fawcett Society Ev 229 33 Metropolitan Police Service and Metropolitan Police Authority Ev 236 34 Karma Nirvana Asian Male and Female Project Ev 238 35 Unite (T&G) Ev 241 36 Crown Prosecution Service Ev 242, Ev 344 37 Home Office Ev 247 38 Mayor of London Ev 254 39 Family Justice Council Ev 258, Ev 342 40 Family Justice Council Diversity Sub-Committee Ev 277 41 Children and Family Court Advisory and Support Service (Cafcass) Ev 278 42 Victim Support Ev 286 43 Iranian and Kurdish Women’s Rights Organisation Ev 289 44 Amnesty International Ev 292 45 Family Practice Press Ev 295 46 Southall Black Sisters Ev 300 47 M N Gulliford Ev 303 48 Men’s Advice Line Ev 307, Ev 382 49 JUSTICE FOR SURJIT Ev 312 50 Probation Service Ev 315 51 Citizens Advice Bureaux Ev 317 52 Rights for Non-British Spouses Ev 322 53 Association of Directors of Childrens Services Ev 326, Ev 422 54 Derby Council Ev 328 55 Blackburn with Darwen Borough Councils Ev 329 56 Bristol City Council Ev 331 57 Tower Hamlets Council Ev 331 58 Anonymously Ev 332 59 Department of Health Ev 333 60 Domestic Violence Intervention Project Ev 340 61 Letter from Kevin Brennan MP, Parliamentary Under-Secretary of State for the Department for Children, Schools and Families Ev 389 , Ev 449 62 Letter from Iain Wright MP, Parliamentary Under-Secretary of State for the Department for Communities and Local Government Ev 401, Ev 403 63 Letter from Birmingham City Council Ev 415 64 A perpetrator Ev 415 65 Everyman Project, Families without Fear and Triangle Ev 416 66 Bradford Council Ev 424 67 Relate Ev 426 68 Association for Family Therapy and Systemic Practice in the UK Ev 434 69 Letter from Meg Munn MP, Parliamentary Under-Secretary of State, Foreign and Commonwealth Office Ev 437 70 Forced Marriage Unit, Foreign and Commonwealth Office Ev 446 71 Rights of Women Ev 471 72 Leicester City Council Ev 471 73 County Council Ev 472

List of Reports from the Committee during the current Parliament

The reference number of the Government’s response to each Report is printed in brackets after the HC printing number. Session 2007–08 First Report The Government’s Counter-Terrorism Proposals HC 43 Second Report Bulgarian and Romanian Accession to the EU: Twelve months HC 59 on Third Report Security Industry Authority HC 144 Fourth Report Work of the Committee in 2007 HC 226 Fifth Report A Surveillance Society? HC 58

Session 2006–07 First Report Work of the Committee in 2005–06 HC 296 Second Report Young Black People and the Criminal Justice System HC 181 (Cm 7217) Third Report Justice and Home Affairs Issues at European Union Level HC 76 (HC 1021) Fourth Report Police Funding HC 553 (HC 1092)

Session 2005–06 First Report Draft Corporate Manslaughter Bill (First Joint Report with HC 540 Work and Pensions Committee) (Cm 6755) Second Report Draft Sentencing Guideline: Robbery HC 947 Third Report Draft Sentencing Guidelines—Overarching Principles: HC 1231 Domestic Violence and Breach of a Protective Order Fourth Report Terrorism Detention Powers HC 910 (Cm 6906( Fifth Report Immigration Control HC 947 (Cm 6910( Sixth Report Draft Sentencing Guideline: Sexual Offences Act 2003 HC 1582

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Home Affairs Committee: Evidence Ev 1 Oral evidence

Taken before the Home Affairs Committee

on Tuesday 22 January 2008

Members present

Rt Hon Keith Vaz, in the Chair

Ms Karen Buck Gwyn Prosser David T C Davies Bob Russell Mrs Janet Dean Martin Salter Patrick Mercer Mr Gary Streeter Margaret Moran

Witnesses: Chief Constable Brian Moore, Association of Chief Police OYcers’ lead for domestic violence, and Ms Jude Watson, Domestic Violence Implementation Manager, Crown Prosecution Service, gave evidence.

Q1 Chairman: Mr Moore and Ms Watson, I incidence of domestic abuse is probably of the welcome you to this session of the Home AVairs order of 30 million incidents per annum which is Select Committee. Today we begin to take formal huge. If that is correct the scale of under-reporting evidence on our inquiry into domestic violence and is considerable. forced . We are very pleased to have both of you here. We have a busy session with a number of witnesses and so we shall be brief in putting our Q3 Chairman: You mentioned male victims. Do questions and we hope that you will respond in the you think there may be a prejudice in not being as same way, again with apologies for keeping you helpful to male victims as to female victims because waiting. I draw the attention of everyone to the of underlying social trends? interests that Members have registered in respect of Chief Constable Moore: Police Service policy is their dealings in Parliament and beyond. Mr gender neutral and we try as far as we can to deal Moore, for a long time domestic violence was with male and female victims in exactly the same regarded as a private matter in which the police way. It is suggested to me that more male victims were very reluctant to intervene. Has there been a tend to be arrested where there are cross- cultural change in the way the police have dealt allegations, but it is also suggested to me that males with this issue? make malicious counter-allegations against their Chief Constable Moore: Yes, there has been a partners to undermine female victims and muddy change and I advance four reasons for it: first, there the waters, so to speak. We are looking into it but has been a change in social attitudes and political we cannot see a discernible picture, so overall we engagement in this very serious crime; second, the continue to follow the evidence and make sure that prevention of violence has become a higher priority our policies are implemented fairly for both men for the Police Service anyway; third, there are clear and women. Under-reporting by men is an issue. performance requirements upon the Police Service There are concerns about appearing to be weak and to eradicate domestic violence where it comes coming forward to speak to the authorities. You do across it; and, fourth, the focus of senior managers not want to be seen as a weak male who is subject in the Police Service and Her Majesty’s to domestic abuse. That is a significant and live Inspectorate of Constabulary. Taken together, issue by virtue of feedback I have received over a those are the four factors which have contributed considerable time. to this change in culture. Although we still have work to do I am pleased with the progress that the service is making. Q4 Chairman: You mentioned a cultural change, but you also referred to people right at the top of Q2 Chairman: The figures are pretty stark, are they the pyramid. Do you think that change has also not? Victim Support produced figures to the aVected those who go and see victims of domestic Committee which show that it helped 403,000 violence, for example the police constable who is women last year. That is a very large figure. Do you called out late at night? think there has been an under-reporting of the Chief Constable Moore: Yes, I do. There will figures? always be individuals who let down the service in Chief Constable Moore: Yes. The issue of under- terms of personal attitudes, but there is enough reporting for both female and male victims remains systemic requirement, governance and pressure to a significant concern. Some of the academic make sure that far the majority of oYcers follow research with which you will be familiar dating the policies put in place to positive eVect in terms back three years suggests that in this country the of keeping people safe from domestic abuse. Processed: 04-06-2008 19:01:52 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 2 Home Affairs Committee: Evidence

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson

Q5 Chairman: In your written evidence to us you Q8 Margaret Moran: All the evidence we have talk about the gap between reported crimes and received and what you have just highlighted successful prosecution. What do you think can be demonstrate that there are huge inconsistencies in done to close that gap? performance across police authorities. I say that Chief Constable Moore: It is a matter of getting all with some heartfelt concern because my own police parts of the process joined up in a consistent way so authority in Bedfordshire has been given a very poor it is nationally available. Much of the good practice performance rating and domestic violence is a key is well known. The Police Service is doing a good element there. If we asked whether there was one investigation in gathering the evidence. My single thing to improve consistency of performance colleague prosecutor is well trained to draw out all what would it be? relevant evidence and present it well. There are Chief Constable Moore: The single factor that would specialist courts and consistent support throughout improve overall consistency of all agencies, not just the process to victims of crime. Those are the the police, would be a consistent risk management elements we need. But as we look across the country regime across and between agencies. There is I cannot say with confidence that all of those inadequate information sharing between agencies. elements are in place all the time in every area, so we Each agency may have part of the picture, but if it is look to government and to committees of this operating only on that it will never properly influence to make sure that all parts of the process understand the risks someone faces and prevent are ubiquitous across the country and are available further harm by risk management. It is only when all at all times. Most things are there. I am less satisfied the pieces of information from the police, education, that we understand enough about perpetrators in social services and local housing authorities are put together that you have the clearest picture of those the process. Nearly all our eVort, quite properly, has most at risk. To that extent I say that the law in this been directed towards protecting victims, but there regard is inadequate. The law and information- is an emerging gap in the knowledge of the sharing are passive. You may share but there is no authorities about how to manage perpetrators. sliding scale of obligation upon authorities to share There is no domestic abuse register onto which where someone is at risk of harm. The MARAC perpetrators should be placed, for example. process, of which I am sure you have heard much, goes a significant step down that route, but again it is based on co-operation rather than statutory Q6 Chairman: Do you think there should be a obligation. For me, the biggest gap is information register? sharing between agencies to inform appropriate risk Chief Constable Moore: I think it should be given management processes, though I am pleased to say considerable extra thought by virtue of the direct that MARAC works well and is a positive step in correlation between domestic abuse, homicide and that direction. serious violence, and those who go from relationship to relationship across boundaries should be amenable and subject to proportionate tracking to Q9 Margaret Moran: I wonder why you have not make sure we can protect those in the next referred to specialist domestic violence units since relationships they go into. the evidence seems to show that where they are consistent and are not pulled away to deal with other operations and have an investigative capacity they Q7 Margaret Moran: Given that some of the work. Why is that not a performance pattern across research seems to show we are talking here about police authorities? repeat oVenders and those who are likely to have Chief Constable Moore: Where specialist domestic committed other forms of crime as well as domestic violence units are in place within forces they work violence, why is it that the various police authorities extremely well. It is a matter for the discretion of V are not taking this more seriously? Surely, it will each chief constable how to deploy his or her sta . improve performance statistics if nothing else. Why We give clear advice about what best practice looks is that information and knowledge not being used like, and Her Majesty’s Inspectorate of within policing? Constabulary inspects against these high and clear Chief Constable Moore: In the previous question and standards. Only two forces were considered to be answer we talked about the gap between knowing poor in terms of their domestic violence someone and police intelligence, that is, those who performance last year. The bulk of it occurred in the pose a risk and those who are convicted. We need to middle quartile of fair or good and a small number consider carefully whether we would want to rely on were excellent. Overall, we can see clear migration over the past two years towards most forces police intelligence eVectively to set up a tracking attaining the things you are talking about and regime and register, whereas generally it is a moving towards fair or good performance overall conviction of a certain significance and seriousness which includes the use of specialist teams and which attracts people onto the sex oVenders register, investigators. for example. There is a significant gap between what we know by way of intelligence and what we can prove, and I think that threshold needs to be more Q10 Margaret Moran: There is a target to train all clearly delineated before I can commend all police front line police oYcers in domestic violence by services to follow a particular course. 2008. Where are we against that target? Processed: 04-06-2008 19:01:52 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 3

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson

Chief Constable Moore: Every person who has have you used what you have learnt from them to joined the police service is receiving training and has improve performance, and what changes have been trained to the Centrex standard. That training subsequently been made? covers not only front line oYcers but those who Chief Constable Moore: The domestic violence receive the 999 call. Our front counter staV whom enforcement campaigns have been extraordinarily you meet when you walk into the police station and helpful and they are designed to enrich the number all first responders are trained. All our investigators and types of tactics available to each force. They are are being trained. We have to go back and do published by the Police Standards Directorate and remedial training in respect of those who entered the shared with every police force across the land, and Police Service earlier than three or four years ago. also HM Inspectorate inspects against our forces There is a mixed picture across the Police Service following good practice. It comes with some funding about remedial and follow-up training, and I and the which is always helpful. If the funding is not there HM Inspectorate of Constabulary are working immediately forces feel somewhat deprived of the through that programme with the forces. ability to use those tactics outside their mainstream funding, but we have seen some very excellent things. I highlight one in particular: the use of body- Q11 Mr Streeter: I was interested in what you said worn video cameras during these campaigns to make about information sharing. You thought that a sure evidence is gathered immediately and is change in the law was necessary. Is it the case that available to prosecutors. It is a very helpful agencies are hiding behind data protection or sub campaign. Its slight weakness is that when funding judice? Why is not information being shared? is withdrawn not all forces can maintain the level of Specifically, what change in the law do you seek? commitment to the specific set of tactics without the Chief Constable Moore: There are a number of issues funding associated with it. and the answer is not straightforward. Some people are extremely risk averse; some quite properly place huge emphasis upon patient and client Q14 Patrick Mercer: Chief Constable, you will be confidentiality; and others, frankly, do not very much aware of the recent legislation providing understand the data protection law. Nearly all I am increased powers to deal with domestic violence. talking about can be done. To some extent a change How eVective do you think they are, and do you in the law would not be necessary if people pursued have any data to support that? the present law to its logical conclusion, but they do Chief Constable Moore: I assume we are talking not. ACPO has been talking about this for some about the 2004 Act. If I may be candid, there is some years and I do not see evidence of change. Therefore, disappointment associated with the implementation if the present law does not work we have to find ways of the Act. There is no question that the sections in to adjust it. I am talking about a statutory duty to it are helpful, but many who sit behind me and who co-operate in this context with MARAC. If lobbied for this Act did not expect gaps between MARAC had a statutory duty to call for enactment and implementation. There have been information from any public authority it would go a some significant gaps between when parts of the law long way towards providing some sensible should have been enacted and when it has been parameters about what could be released and in implemented. We understand this is because of the what circumstances to keep people safe. To me, that inability to resource the implementation of parts of is the missing part. the legislation, which is something of a disappointment. Sections 1 to 4 which deal with the criminalisation of breaches of non-molestation Do you not think that slightly Q12 Mr Streeter: orders are very welcome, though I understand more robust Home OYce guidelines would do the literally on the steps of the committee room that job? Are you talking about a new statutory duty to there is some concern as to how eVectively that has co-operate? been implemented across the country. Given that it Chief Constable Moore: My colleagues at the Home was only in July 2007 that that particular part came OYce are at variance with me on this. They think into being, I anticipate there are some early that given time and the right regime we may not education and implementation diYculties associated resort to law. I wish I could share their optimism. with that, but that should be very powerful and Given the scale of the public bodies involved in this, helpful to us. Another part in which there is much there are thousands of protocols about sharing interest is section 9: homicide reviews and learning information. That must tell us that there is no clear lessons from domestic violence. That has not been system. Frankly, I am not optimistic that given the implemented yet. If my information is correct, that number of people who die each year as a result of may well be because there is a diVerence of view as domestic abuse we can wait for some undefined to whether that represents a new duty on local period when everybody has migrated to a common authorities which should be paid for by the Home view of risk management. We have to act now OYce or it should be mainstream business for local because people are losing their lives year in year out because of this gap in the law. authorities, but whatever the reason that is not yet in being. Many see learning lessons from such tragedies as very important to improving our future capability Q13 Mr Streeter: That is very clear, and we certainly to prevent homicides. Therefore, the Act itself is want to follow up on that. You have held a number helpful and thoughtful but disappointment has been of domestic violence enforcement campaigns. 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Ev 4 Home Affairs Committee: Evidence

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson have been implemented; indeed, there is some Q18 Gwyn Prosser: I guess that all that training and confusion out there as to which parts have been those changes are ongoing work. Would you like to implemented. There is some learning for all of us in suggest any other ways to reduce the attrition? terms of this kind of legislation in future. Ms Watson: The main way this has been done within CPS, as well as the work on specialist courts and the training of staV, is by having a very rigorous Q15 Mr Streeter: That is very helpful. I see a lot of performance management system. We have a system nodding in the audience which is also helpful. You within CPS where each area’s performance on have answered the other questions that I was going domestic violence is measured every quarter in terms to deal with. To raise just one matter, you mentioned of successful prosecution and discontinuances and non-molestation orders. Do you think it makes whether bind-overs are still being used instead of victims more reluctant to report and pursue more stringent measures to deal with these cases. domestic violence cases? Therefore, all of these things hand in hand mean we Chief Constable Moore: For some it will and it will have been able to be far more robust in the clearly help others who are not. If I had more time I prosecution of cases. In local areas we have been would like to talk about the gap in the law for people able to work with community organisations far accessing civil injunctions. If someone decides not to more successfully. Therefore, we have a domestic go down the criminal route and does not want a violence co-ordinator in every area who works with prosecution—he or she is perfectly entitled to do the local domestic violence forum, which is so—but wants the violence to stop there is adequate encouraged where possible, and local partnerships. provision for access to civil law injunctions across We place great emphasis on community engagement the country. Again, it is an inconsistent patchwork. and support and links with other agencies to share In my opinion it leaves some gaps by way of a information where appropriate. postcode lottery as to how and when people can access a civil injunction to protect themselves if they do not want to go down the criminal route. Q19 Gwyn Prosser: We have received written Mr Streeter: Chairman, would it be possible for the evidence about the specialist domestic violence court chief constable to write a note on that matter? programmes. How eVective are they? Ms Watson: We have just carried out a review of the very first 23 specialist domestic violence courts that Q16 Chairman: That would be very helpful. Would you drop the Committee a little note on that? have been set up. We have done a lot of in-depth Chief Constable Moore: I shall be pleased to. work on what is and what is not working within those courts. We have recently reported to the inter- Mr Streeter: I am sorry we do not have more time because that is very interesting. ministerial group on domestic violence that we have been able to measure success in those courts not just in terms of improved prosecutions but in terms of Q17 Gwyn Prosser: Ms Watson, we note that the support and safety for victims and improved public discontinuance and conviction rates for domestic confidence. What we can report to you today is that violence are far worse than for other oVences. What of the 23 specialist courts that we reviewed 10 are the barriers to continuing these cases and achieved over 70% successful outcomes, which is a obtaining convictions? dramatic result in terms of domestic violence. That is Ms Watson: What we have found in prosecuting generally better than the non-specialist courts in the cases of domestic violence is that very often the same areas against which we were able to compare victim, usually a female, will withdraw the them. Those courts also had the least number of allegation. Therefore, we are looking at ways to cases discontinued where no evidence was being gather evidence from other than the victim herself oVered. We now have 64 specialist courts. I have but alongside the victim and other ways wherein we looked at the data for the first two quarters. We find can perhaps encourage victims to come forward. As that by the second quarter of this year nearly half of we have trained our prosecutors across the Crown those courts have achieved a success rate of over Prosecution Service we have found that far fewer 70%. They are dramatically improving prosecutions, cases are being discontinued because we are but we believe that what they are doing to improve pursuing a combination of the use of other the safety of and support for victims is of equal evidence—999 tapes, photographs, evidence from importance. In six months of the first 23 specialist other people who may have witnessed the violence— courts practising nearly 6,000 victims were referred and encouragement of the victim. In encouraging to independent domestic violence advisers to the victim one needs to look at the support and provide them with support. Just under three- safety of the individual, and one of the big steps quarters of those clients were supported by those forward for the criminal justice system linked to the advisers and just under two-thirds were high or very specialist domestic violence courts as well is to high risk victims. Therefore, they were supported ensure that victims have support and are not on their through the multi-agency risk assessment system own in terms of coming to court. We have seen a and looked at in terms of what safety measures were reduction from 37% of cases being discontinued in needed. We looked at safety as well as support. Last, 2004–05 to 24% in September to December 2007, so in terms of public confidence we visited a number of there has been a dramatic change in culture within these specialist courts to talk to the local agencies the CPS. working there to see whether we needed just the Processed: 04-06-2008 19:01:52 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 5

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson independent domestic violence advisers or the multi- you are dealing with a very small percentage of a agency risk assessments or did we need the specialist very small percentage. Do you give guidance, or how courts system as a whole which is more than just the do you work with the rest of the food chain, as it IDVAs and MARACs? Those courts said were, in tackling that problem of attrition? unanimously that we must look at them together and Ms Watson: As prosecutors we operate within the that IDVAs and MARACs alone were not enough local domestic violence fora where obviously we in the specialist court system to link it up, and we work with the police, the courts, local agencies such should be moving towards linking it to a broader co- as housing, health and so on, so hopefully we are ordinated community response going beyond even part of the picture that looks at the criminal and the criminal justice system. non-criminal justice system. Within the criminal justice system obviously we work very closely with Q20 Gwyn Prosser: That is very encouraging news. others. Over the past few years we and the police What are the barriers to rolling that out right across have developed what are called Centrex training the country? modules wherein we train the police and the Ms Watson: I think the barriers are capacity at the prosecutors under the same programme that is V centre and also locally. We have about four oYcials adapted only for the di erent jobs, but there is the part of whose job is to oversee the national domestic same awareness training and training in terms of violence programme for specialist courts. At the what evidence should be gathered, etc. The good moment we have 64 courts. Today I have brought news from the prosecution service is that when we with me literally a suitcase for my meeting after this started to monitor the situation in 2004–05 there hearing with 60 applications from other court were only about 35,000 cases per year being systems to set up specialist courts. If those prosecuted. In the first year that went up 43% in applications are successful the overwhelming terms of the volume of cases as well as the success majority of areas within the country will be covered. rates going up from 55% to 60% in the first year. Obviously, with 300 magistrates courts that will still Therefore, we had a volume increase as well as a cover about 120 of them. What we are trying to look successful outcome increase. In the second year that at is how we mainstream this in a situation where has gone up by a further 15% of cases coming from the centre we do not have enough resources to through and this year we predict a further 10% of expand it. Locally, where we are looking at the cases going through. When we have looked at data independent domestic violence support systems for across the police and ourselves we have seen a very victims and the MARACs we also need more slow but definite improvement in terms of the funding to support that. Therefore, there is an issue number of cases being reported and then prosecuted. about funding, so we are planning to look at options Obviously, very many of the incidents that come to for mainstreaming that link into what is happening the police may not be of a criminal nature, so we will through crime and disorder partnerships and local be dealing with the criminal cases. criminal justice boards. There is a possibility of using both systems to mainstream these specialist courts Q23 Mr Davies: How many of the victims or throughout the country. Those are our tasks for the perpetrators of domestic violence are under the age coming year. That relates to just magistrates’ courts. of 18? Another question is what we need to look at in terms Ms Watson: We have data from just the first and of crown and youth courts. We have not begun to second quarters in this year. Adult-to-adult look at that, but we are aware that we need to domestic violence cases make up 93%, which is just consider that. under 20,000 cases. Adult-to-youth cases are about Gwyn Prosser: Your enthusiasm has infected the 500, youth-to-adult are just over 1,000 and youth-to- Committee. I am sure that your input will find its youth—those would be under 18—were only 22.1 way into our final report. But we must note that these are cases wherein we have had the information recorded. Part of it is Q21 Mr Streeter: You mentioned 6,000 victims, test recorded by looking at child abuse issues as well as cases and so on, which is very interesting, but can domestic violence. This may not be very robust data you just give a picture of what is going on? How yet, but it is the beginning of an indication. many of those 6,000 would have been male victims? Ms Watson: I do not have the actual statistics with Q24 Mr Davies: It is really the absolute minimum? me in terms of the proportion. Nationally, however, Ms Watson: It is a very small number in terms of across all domestic violence cases we monitor that. prosecutions, but what we would like to note is that We find that 89% of victims where the cases are there may be many cases that come to the notice of prosecuted are women, so male victims feature in the police that are not getting to the point of charge. just over 10% of cases. Obviously, our policy addresses any victim or defendant in a way that is Q25 Chairman: Mr Moore, do you want to add appropriate. something? Chief Constable Moore: Mr Davies raises an Q22 Margaret Moran: To pick up your reference to important issue. The operating definition to which the crown and youth courts, would it be possible to the majority of agencies work specifically excludes receive a note about that? I think that is very often people who are under 18. In eVect, there is a gap. missed in the discussions and it would be a shame to lose track of that. 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Ev 6 Home Affairs Committee: Evidence

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson

People under 18 who are the subject of domestic local level we encourage community engagement abuse do not exist in terms of gathering statistics whereby our prosecutors work with local across many agencies, with the probable exception community groups. Domestic violence co- of the CPS. I had a look at this locally in my force ordinators locally are doing that and in each of the and during the past year just under 12% of victims past two years we have carried out an audit of their of domestic abuse were under the age of 18. That engagement with the local community. One positive is a significant number, but the implications are change is that in the first year of the study we found that we do not have youth justice provision and do that there were fewer than 40% of CPS areas not have trained advocates in youth courts to working with black and minority ethnic groups and handle this, so it is more than just changing the other diverse groups. That went up to 48% in the definition. There is something of a service provision second year. Just before Christmas we did another gap which in my written submission I suggest is review and found that it had gone up to 63%, so worth discussing more broadly with government. there are slow changes in the right direction to Chairman: Ms Watson, it would be very helpful if work across agencies, including work with you would let us have the note to which Margaret minority groups. Moran referred.

Q26 Margaret Moran: In terms of data, is any of Q28 Mrs Dean: What is your view of the proposal the youth information to which you have referred of the Association of Chief Police OYcers for broken down into ethnicity so we can be assured immediate and automatic referral to civil that there is a similar or appropriate service across jurisdiction of cases which do not meet the diVerent communities? You do not need to do that standards for criminal prosecution? right now, but if you can provide it in writing it Ms Watson: We have just had some preliminary would be very helpful. meetings with ACPO about the possibility of such Ms Watson: We do record by ethnicity, disability referrals. The sections of the new domestic violence and religion. legislation that have not been implemented yet, to Mr Davies: That raises quite a few questions and I which Mr Moore referred, could provide ways to do not have the time to ask them now, but I should support and protect victims without necessarily like to have a wider note about that. For example, having to pursue a separate civil procedure route. there are 1,000 cases of youths assaulting adults. I Pending the implementation of those sections, wonder what all of this is about and whether there however, we have been looking at possible ways to is perhaps a bigger picture here of which you can work together to create more links with the civil make us aware in the same note. jurisdiction at both national and local level, but It would be very helpful if you could Chairman: those discussions are at a very early stage. make your note as long and as wide as possible to cover all of the points. If we have missed out anything we shall write to you after this meeting to pick up those issues. Q29 Margaret Moran: Referring to those sections which have not been implemented—what we call “the Australia model”, if you like—where there can Q27 Mrs Dean: Ms Watson, you have given us very be a prosecution regardless of the views of the good evidence of improvements in multi-agency victim or survivor, do you have any data on the working and some ways in which that can be number of prosecutions that do not centre on the improved. Is there anything else you want to say testimony of the victim? about where better cross-government and multi- Ms Watson: At the present time the only agency working is still needed? information we have is that in December of each Ms Watson: Currently, we work across government year we take a snapshot and from that information through the domestic violence virtual unit which we can see the number of cases that go forward reports to an inter-ministerial group. That is one without the victim giving evidence. I have not of the ways wherein we try to link across all the government departments at national level. In terms brought that information with me today but I can of the specialist domestic violence courts we work forward it to the Committee. One of the big in a multi-agency way across government, and we changes in CPS in the past few months is that we also have an expert panel which means we have a have begun to gather information on victim lot of advice from the voluntary as well as the retractions and what happens to those cases. Next statutory sectors. One area that we could look at summer we shall have the first year of data which is how we can improve that even further across will be able to tell us, looking at all these cases, government in terms of agencies advising which proportion of victims retracted their government departments. Within the prosecution complaint, which proportion continued, which service we have always had an external consultative cases were discontinued and which proportion group that advises on domestic violence work, so resulted in guilty pleas from defendants as soon as we regularly meet that group which includes a they knew what was happening in relation to the broad range of agencies which can advise on the victims. We will have that information across the policies, guidance and any reports produced, country next summer, but currently we have only a training and so on. That is something which would snapshot each December. We can however forward be useful across the breadth of government. At that information to you. Processed: 04-06-2008 19:01:52 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 7

22 January 2008 Chief Constable Brian Moore and Ms Jude Watson

Q30 Chairman: Thank you. Mr Moore, perhaps I Chief Constable Moore: Yes, that is the very clear may ask you about the events which will take place view. OYcers feel that they have been treated less tomorrow. How many of your oYcers from favourably. They have carefully followed the policy Wiltshire do you expect to attend the and approach which they thought had been agreed demonstration? as the means through arbitration to reach a pay Chief Constable Moore: I anticipate that in the order award and they are significantly disappointed that of 50 oYcers from Wiltshire police will attend. It is that appears to have been breached at the end of the one of the smallest forces in the country and 50 is a process. The Association of Chief Police OYcers on very significant representation of the disquiet that this occasion shares that view. is felt. Q32 Chairman: Is there money in the budget to pay them? Chief Constable Moore: The money to pay them is in the budget in my county and elsewhere. Q31 Chairman: What is morale like? Do people still Chairman: I thank both of you very much for feel that the Government should pay this award in coming. We look forward to receiving your note on full from 1 September? the matters that we have not covered today.

Witnesses: District Judge Marilyn Mornington, Chair of Domestic Violence Working Group, Family Justice Council, Lord Justice Wall, and Mr Phil Mackin, Interventions and Substance Abuse Unit, National Probation Service, gave evidence.

Q33 Chairman: We thank the witnesses for coming. wide spectrum there are cases in which the violence Lord Justice Wall, in your experience to what extent is determinative of the issue in the family is domestic violence an issue in family law cases? proceedings and there are times when it is Lord Justice Wall: It is very substantial. If I had to peripheral. The diYculty is that you do not know identify two issues in the family justice system at the where you are until you have ascertained the facts. moment, one would be resources and the other would be domestic violence, which is a critical issue. Q36 Chairman: The number of wardship cases has declined over the years. Is that a significant factor in I know it is diYcult to give precise Q34 Chairman: cases where children are warded? figures today—or you may have those figures, in Lord Justice Wall: In my experience it was not. which case please provide them? Wardship has eVectively disappeared. My Lord Justice Wall: District Judge Mornington experience—District Judge Mornington is in a would be in a better position than I to do that. better position to advise you—was that violence District Judge Mornington: Yesterday I asked the within the family was a major issue in most care head of the domestic violence department at the proceedings that I tried, and it is certainly a major ministry about this and she told me that at present issue in most contact proceedings. the oYcial statistic was 30% of all Children Act cases involve domestic violence. On average we grant 30,000 injunctions every year. CAFCASS now Q37 Ms Buck: What do you see as the barriers to reports that up to 50% to 60% of its caseload is victims in terms of being able to access justice? I refer domestic violence and, like the police, as we get to some of the points drawn out in the written better at our job in identifying these cases those evidence about access to legal aid, the impact of fees figures go up every year with huge resource and so forth. implications. District Judge Mornington: The first and growing barrier is legal aid. The level at which people’s Q35 Chairman: Lord Justice Wall, how does the income means they can get legal aid is such that family justice system manage the risk posed to unless they are on social security benefit it is almost children and partners where domestic violence is an impossible to get assistance. Even in a town like issue in these cases? Barnsley where I sit I face diYculties of that kind Lord Justice Wall: The diYculty with the family daily. In the past few weeks I had a finding of fact justice system is that it must be reactive to a very hearing involving a psychologist and psychiatrist substantial extent. Therefore, we have to be told listed for five days. The woman did not have legal aid because we decide issues that domestic violence is an and serious allegations were raised. How she could issue, and we are doing our very best to ensure we are be expected to conduct that hearing on her own was told. When we do the clear guidance is that the first almost impossible to believe. Judges have to find job of the judge is to find out what the facts are. Has ways round this diYculty. Apart from the level of there been violence or has there not? Therefore, the income at which one can get legal aid, the next thing guidance is that there should be fact-finding hearings will be the Carter reforms and the availability of in which the judge makes the decision. Having made solicitors to do this sort of work eVectively for their the decision one then has to feed it into the equation clients. The domestic violence steering group of the and decide what is in the best interests of the child. Family Justice Council which I chair decided only Because domestic violence spreads across such a last week to initiate some research using its 43 local Processed: 04-06-2008 19:01:52 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 8 Home Affairs Committee: Evidence

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin family justice councils into what has happened post- Q41 Ms Buck: As to training, you said this would Carter in reducing the availability of such solicitors. not have resource implications. Is there a willingness There are also diYculties about the training of or acceptance on the part of the profession that there lawyers. As Lord Justice Wall said, we can deal with is a need for training? Therefore, what are the pros these cases only if the lawyers, the parties themselves and cons of a mandatory system which is to be self- or CAFCASS, as is now often the case, tell us that financed? Would there be resistance to that? there is domestic violence. For a very long time I District Judge Mornington: Their resistance has been have believed that both family and criminal lawyers based on the fact that they do not want to pay for it. should have compulsory accreditation for this work. They say that they are not being paid any more Throughout the country, apart from the CPS which money and they ask why they should go on has done an excellent job in training its solicitors at compulsory training. The only way we will get all court levels—crown courts, family courts or training for those who really need it—I think whatever—there are lawyers who have had no particularly of criminal defence lawyers—is to have training whatsoever in this work. The best lawyers compulsory accreditation, as there is in some areas go onto voluntary training; those who really need it of family law already. do not do it. There is a huge gap which can be met Lord Justice Wall: Solicitors who represent children, without any resource issues for the Government as they do in the care system and increasingly in the because the lawyers will have to pay for it private law system, need special skill. I was always themselves. Training can be arranged at very modest enormously impressed by those on the old children’s cost by organisations such Women’s Aid and local panel who represented children in family family justice councils. That is another big barrier. proceedings. One of the criteria which we have laid Another issue is the lack of perpetrator programmes down for protecting children in domestic violence in the family justice system. If as a result of your cases is that they should have separate researches you discover that the perpetrator representation. Although the Government has a programmes, as I believe they are, are very eVective slightly dichotomous view on that, normally one can within the criminal justice system I can tell you that, get legal aid for a child because the child does not unlike Wales that is developing wonderful services in have any resources. this regard as it often does, we have no access to such programmes. There is also a tremendous shortage of Q42 Mr Streeter: Because most lawyers operating in centres to provide supervised contact. this kind of law feel they are so badly remunerated many firms no longer do it? Q38 Ms Buck: To pick up one or two of those points, Lord Justice Wall: Absolutely. you are not by any means the only person to say that legal aid is now almost always restricted to people on Q43 Mr Streeter: Therefore, they do not feel that benefit. Is it possible for you to give the proportion they have extra resources to train themselves to do it of cases in which you believe there should be legal Y V better. I agree it is a huge di culty, but is that not representation and they are not dealt with e ectively the source of the problem? because legal aid is denied? District Judge Mornington: It is a double-edged District Judge Mornington: I can tell you that no sword. Carter means they get paid even less than domestic violence finding of fact hearing should be before and then we are asking them to be trained. done without the person being represented. It is akin My primary aim is the safety of women and their to a rape trial. You are asking somebody to be cross- children who are the victims and to me that comes examined by the person whom it is alleged is the before the lawyers’ interests, but lawyers need to be perpetrator of serious violence. The proportion is adequately paid in order to do the work properly. growing all the time. We could get those statistics from the ministry, but even in a town like Barnsley, for example, there have been two serious cases in a Q44 Chairman: I want to ask about judicial training. small court within a month. We have heard about the training of lawyers, but what steps are you taking with your responsibilities? Lord Justice Wall: Again, District Judge Chairman, it would be very helpful if Q39 Ms Buck: Mornington is probably better able to answer this we could ask for some information on the number of than I am, but, as I understand it, the Judicial cases where there is an absence of representation. Studies Board has a training system so that anyone District Judge Mornington: We could use the local who sits in a family case for the first time will have family justice council web. Forty-three received training on domestic violence and it will be organisations have compiled that information for kept up to date; there will be refresher courses. you.

Does this go right up to the level of Q40 Ms Buck: As to the Carter review, if that survey Q45 Chairman: is being carried out now and the results are imminent the Court of Appeal? is it possible to share that with the Committee so we Lord Justice Wall: Unfortunately, it does not go to can get a sense of the extent to which those proposals the Court of Appeal level, but anyone who sits for are changing access to family lawyers? the first time has training. District Judge Mornington: Legal services said last week that it would assist me with that. Q46 Chairman: Therefore, there is no training for Chairman: That would be very helpful. High Court and Court of Appeal judges? Processed: 04-06-2008 19:01:52 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 9

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin

Lord Justice Wall: I think some High Court judges Q49 Mr Davies: Apart from children who are abused would go on refresher courses or may be part of the by parents or carers, do we have any idea of how system that operates them. many people under the age of 18—presumably, those between 16 and 18—are involved in abusive relationships and may be victims of conventional Q47 Chairman: Would they have to pay for it? domestic violence, if I may put it that way? Lord Justice Wall: You are quite right. As far as I am District Judge Mornington: I do not have any aware, there is no training for members of the Court statistics on that. I can ask my ministry about it. I of Appeal. Guidance is given, which I welcome; I am know from my own work that there is a large not averse to it at all. number. There is no diYculty in accessing injunctive District Judge Mornington: All judges apart from relief, which they often obtain, or, if they have obviously the great and the good are now trained children, they will have a friend to represent them in both on induction and regularly through the family court. The diYculty may lie in knowing continuation courses in domestic violence. The JSB that there are such remedies available to them. I is an independent body and therefore the chair on behalf of the Government Raising the Government cannot dictate how that training is Standards. That involves the Governments of done, but I can tell the Committee that there are vast England, Scotland, Northern Ireland and Wales. improvements in that training. It is necessary for Some of those jurisdictions have developed specific that impetus for training to be kept up as leaflets to explain to children and young people their developments take place in our understanding of rights under the law. I recommend that that happens domestic violence. We have also trained about also for England and Wales. There is also quite a 100,000 lay magistrates by an excellent pack which large issue concerning young people who are already we developed through the Judicial Studies Board. perpetrators of domestic violence. A lot of work has Y The only di culty is that in many parts of the been done on this, in particular on Merseyside with country their entire training is two hours. I have the Tulip project. They fall through the definition. If spent a lifetime on this, as have many in this room, you are not included in the definition there are no and I still do not know enough. The level of training targets for you. The inter-jurisdictional definition of is very inadequate. I believe the next step is to have Raising the Standards deliberately does not exclude all judges as well as lawyers trained in the specific young people. issues of forced marriages and honour-based Mr Davies: I am trying to get an idea of the size of violence. In the next two weeks I have a meeting with the problem. I have a feeling that none of us knows one of the leaders of the Judicial Studies Board, His the answer to it. As a starting point, do we know how Honour Judge Phillips, in the hope of encouraging many people in this country under the age of 18 are the board to move on to what we have learnt about married? I do not know whether that statistic is those areas and the particular diYculties that available anywhere. women face, but it is to do with training; it is all Chairman: Pears Encyclopaedia may have it. together. The script must flow in a certain way, so Chairman: Q50 Mr Davies: Judge Mornington, just now you we will come to that later. said that in Liverpool there was a problem with perpetrators. Q48 Mr Davies: We heard earlier that children and District Judge Mornington: People do not suddenly young people under the age of 18 are apparently become violent perpetrators at age 21 or 18. Young excluded from domestic violence statistics. To what people who have witnessed violence as children start extent does this make young people in abusive to act it out at a very young age: they act it out at relationships, particularly those under 18, school, on their siblings and on their mothers. A lot vulnerable and what can be done to ensure they have of work has been done on that in Merseyside. There adequate protection? are also psychiatrists in Manchester who have done Lord Justice Wall: I find it absolutely extraordinary a lot of work on that, the details of which I can that most of the victims in the cases with which I deal obtain. are children. As I said in the St Albans paper, it seems to me that we need a two-pronged attack. Q51 Mr Davies: We are dealing with young people First, a great deal of work must be done outside the attacking their mothers quite often? courtroom to give children the opportunity to make District Judge Mornington: Yes. If you look at youth their diYculties known. I know that CAFCASS oVenders—again, a big piece of work was done on would love to do it but it does not have the resources Merseyside—every young man on the 10 youth and cannot do it. There are independent charity oVending teams had domestic violence as part of his helplines and so on. But within the courtroom in history. If you want to look at where the future care proceedings children are automatically criminals are, they have been victims of domestic represented by a solicitor and and usually a violence as children, which is why we need to tackle guardian. There is always solicitor and guardian it at a very early age. representation. That is a very valuable protection for children, but outside the care system it is very Q52 Mr Davies: What is the age at which you can haphazard; indeed, there is discouragement from on enter an arranged marriage? Is it 16? high to have children separately represented in that District Judge Mornington: It is the same for context. everybody. Processed: 04-06-2008 19:01:52 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 10 Home Affairs Committee: Evidence

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin

Q53 Margaret Moran: Lord Justice Wall, you Q55 Martin Salter: Judge Mornington, wearing referred to the issue of child contact. We would be your Family Justice Council hat, the council has remiss if we passed over that issue. As you will be argued that the criminalisation of domestic violence aware, we managed to put into legislation measures injunctions has been a retrograde step. That flowed to protect children who witness domestic violence. from the 2004 Act which removed the power of Lord Justice Wall: Yes, and it is a very useful arrest in relation non-molestation orders from the amendment. family courts to the police and CPS. Can you expand on why you think it has been a retrograde step? District Judge Mornington: This has come as a total Q54 Margaret Moran: It was an amendment tabled surprise to us. We have a web of 43 multi-agency by me. But there has been a great struggle to try to local family justice councils. The Act has been in persuade the powers that be that there should be force for only six months. We have received totally similar legislation regarding direct harm to the child. unsolicited reports from all over the country—I got What is your view of that? What do you think we an email from the judge only yesterday—about should be doing given that many of the child contact serious concerns that the police are not treating cases are the result of domestic violence and are also breaches of injunctions in the serious way they a trigger either for further domestic violence or deserve and in accordance with ACPO guidelines. homicide? They are either not arresting the person for the breach in the first place or not charging him or her Lord Justice Wall: The overwhelming evidence is with a criminal oVence. They issue cautions when that domestic violence has a very deleterious eVect they are not appropriate. Before July 2007 a breach on children both immediately and in their adult would be dealt with within hours by the civil judge; relationships. In a seminal case in 2000 the Court of now it takes many weeks, and we all know that Appeal had a report from Drs Sturge and Glazer in Y means the victim becomes more and more reluctant which that point was emphasised. The di culty is to continue and cases are stretched out. There is that we are aware of it and recognise it, but what can enormous concern which the president asked me to we do about it? Our only functions at the moment in pass on to the Committee. My committee hopes to terms of what we can do are care proceedings which do make a survey of family justice councils to separate the family—you put the child in a place of determine how serious this is in conjunction with the safety with strangers or a diVerent environment— Ministry of Justice to see whether it has been a but in contact proceedings we are left ultimately with retrograde grade and how working with the police orders or no orders. What has cheered me up very we can put that right. much is the Children and Adoption Act 2006 which has put into legislation for the first time the prospect of making orders which are educative; you can send Q56 Martin Salter: Is this a procedural or legislative people oV to courses and so on; you can put them on problem? Is it a matter of the police failing to give perpetrator programme. I think the real test in the priority to breaches of injunctions? next year will be whether that is implemented and District Judge Mornington: They do not treat them funded by the Government. There is no point in a seriously; they do not arrest for those breaches. court wanting to send someone on a course if there is no course available. The real diYculty I fear is that Q57 Martin Salter: What are you doing about it in the 2006 Act which follows the report of the terms of talking to ACPO? Children Act Sub-Committee in a number of ways District Judge Mornington: I am on ACPO with will not be implemented in a way that enables Brian Moore. It has happened that quickly. We have perpetrators in particular to be treated. I was had only seven months and it takes a few months to heartened by what the CPS said about victims, but come through. That is one of the advantages I have I should very much like to know about the rates of as a family judge working across borders on ACPO. recidivism. One of the depressing aspects of Mr Moore and I will be working together but, to be domestic violence in the context of contact, as I am honest, ACPO is still pretty toothless; it can send out sure you are aware, is the reluctance of most as many wonderful protocols as it wants but if the perpetrators to admit that they have been guilty of it. police on the ground are not doing it nothing District Judge Mornington: The Family Justice changes. I believe that HMIC may be a valuable Council has just produced a report on which it spent tool. I hope that you will hear from Robin Field- a year looking at the issue of contact and the courts. Smith who has already done critical reports on We have said that there is a need for a change of police responses to domestic violence. Unless the culture so that safe and positive contact is always in police are given targets and are criticised very the interests of children. The president of the Family heavily it will continue. Division will be producing a practice direction for the courts along those lines with very strict Q58 Martin Salter: To summarise, you hope that guidelines for the courts in the next few months. It our inquiry will drill down, using management- is nearly finalised. Again, having brought about that speak—as in Who Stole My BlackBerry? or cultural change, where are we left at the end? This whatever is the title of that ridiculous book—and happens to me every week. I have nowhere to send investigate further why the police are not proceeding these men when I make findings to enable them—as in the spirit of the changes in the legislation? they wish in many cases—to change their behaviour. District Judge Mornington: Yes. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 11

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin

Q59 Martin Salter: Lord Justice Wall, in a speech to Q62 Martin Salter: In terms of the work that both of the Hertfordshire Family Forum last year you you do, perhaps I may alert you to the fact that many argued that family courts were ill-equipped to deal of us in our constituency case work find ourselves eVectively with domestic violence. What measures dragged into the middle of totally intractable do you propose we should all be taking to ensure situations. The MP is occasionally prayed in aid in a that domestic violence is dealt with more eVectively war of attrition between one partner and another. I both in family courts and in the wider context? am sure I speak for all my colleagues when I say that Lord Justice Wall: What I said in the paper, which I these are some of the most uncomfortable situations. stand by, is that in my view domestic violence is District Judge Mornington: You empathise with us! endemic. It is a huge social evil and therefore it is for government in terms of education and publicity to Q63 Martin Salter: We desperately seek an agency tackle it at every level including in school. My where we can refer this stuV. concern is that the family justice system is very Lord Justice Wall: In my experience very few contact limited in what it can achieve. It can protect people cases are about children; they are an ongoing power and stop violent parents seeing their children, but battle between parents. I utterly endorse what until very recently that has been the limit of its District Judge Mornington has said. At first instance powers. It can fine people if they disobey orders and I would like to say to people in front of me, “Look, so on. That was why when the Children Act Sub- you are in the wrong place.” One of the great Committee reported on domestic violence it advantages of the Family Law Act 1996, which has recommended not only guidelines but in its second been abandoned, is that before entering into divorce report the change now contained in the 2006 Act. I proceedings parties had to go to meetings at which think that the function of the family justice system, they were given information about what they were apart from the protective element, is largely to letting themselves in for. Most parents simply do not ensure that proper resources are devoted to people realise that post-separation parenting is fantastically outside the family justice system. Rather than have diYcult. They think it is easy because they believe a five-day hearing in court I would much prefer that when they separate it will solve the problem; it referring the family to a parenting programme or an does not. I would like to see a programme whereby educative programme so it can learn outside the any couple, married or not—it does not matter, court structure why the dispute is damaging the because most of the couples I deal with are not— children. Having them in court arguing with each before entering the legal process go to meetings and other and telling them they are damaging their are given information about what they are letting V children has very little e ect in my experience. themselves in for and the damage they are doing to District Judge Mornington and I would both be of their children. the view that the best way to address these problems District Judge Mornington: I have been working is outside the family justice system through with government for many years now and am programmes and matters like that. sympathetic to resourcing issues. If we are to be properly resourced I am aware that these sorts of Q60 Martin Salter: Judge Mornington, I see you programmes will be very expensive. What I have nodding. Do you want to expand on that? been suggesting to ministers for some time is that District Judge Mornington: If people reach either the perhaps we choose a pilot area, put resources into it criminal courts or family courts as a society we have and see what the need for those resources is, what the already failed them and the children. We need cost would be and what would be the results. It will educative programmes at every level, from parenting be hugely expensive but it saves lives. to children at school, to information at school and Martin Salter: Chairman, it might be useful to invite the good work that is being done with little ones who an additional memorandum on the ideas that have are already damaged, to programmes in prisons for been put forward. prisoners and general media programmes. I am desperately short of places where I can send entire Q64 Chairman: That would be very appropriate, Mr families for holistic therapy. I do not want to Salter. May we have one? separate families but bring them together at least for District Judge Mornington: Yes. contact in a safe and positive way. That is what every judge in the country wants. We feel very hidebound Q65 Martin Salter: Judge Mornington, I want to ask by lack of resources. about honour-based violent crimes. In your experience what makes it particularly hard to bring Q61 Mr Streeter: In your experience how much people to justice? What more can we collectively domestic violence is alcohol-related? do—I include politicians—to encourage District Judge Mornington: Alcohol and drugs are communities to break through the wall of silence used as excuses and exacerbate domestic violence as that often surrounds these appalling incidents? do mental health and socio-economic problems. The District Judge Mornington: There has been a total reality is that domestic violence is about power and lack of understanding of how deep the concepts of control and perpetrators will be violent whether they Izat and honour dictate the lives of many people in have been drinking, abuse drugs or whatever. Most our communities, particularly those of south Asian of the families I see do not have one problem but a backgrounds. It has nothing to do with religion. All variety of them, particularly to do with mental agencies have been very wary of involving health, all of which I have to address. themselves because of their lack of understanding. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 12 Home Affairs Committee: Evidence

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin

That no longer holds sway. We now understand and an operation and cannot be here today. We can do there are people to teach us an understanding of it. It was said of domestic violence 20 years ago that those issues, but the barriers are up. There are issues it was intractable, that we would never be able to of language, culture and immigration. We need a make advances and we should leave it well alone and multi-agency risk assessment tool for all agencies on it is a private matter. We have learnt so much. One issues of forced marriage and honour-based violence of the great successes of this Government in the past and amend the present domestic violence protocols 11 years has been the inter-ministerial group on and have training programmes for all agencies who domestic violence. That is an excellent example of have experience of domestic violence to encompass good governance that we can now adapt to these these issues. We need education and key teachers in issues. every school eVectively to recognise and assist people who are likely to suVer this. We need national Maybe in your memorandum, which education programmes and we need to work within Q69 Chairman: is getting larger, you can stress to us what needs to the communities through the Department of be done. Communities and Local Government and DfES Lord Justice Wall: There is also a judicial protocol because the barriers are up. They feel attacked between English and Pakistani judges who have because of this, so it is necessary. I also work in been talking to one another. where the same work is being done. In many ways we have been funding better work there, particularly in Sindh province, than here over the Q70 Chairman: It is not just the Pakistani past three years. We need a national strategy to community; it goes wider than that. identify the large number of pupils, particularly Lord Justice Wall: We have to deal with it on a girls, missing from school registers and those who nation-by-nation basis. have been taken oV the register and are said to be District Judge Mornington: That is a real issue to be home schooled which leads to these issues. Airport explored. I spoke to the head of the forced marriage staV and others staV need to be trained to recognise unit last week when we were here. I cannot believe girls who are being taken out of the country. We are that in the Bengali community there is not a problem bringing three girls a week back from as almost of the same size and yet it seems to be under victims of forced marriage. We know that is the tip the radar and the same numbers are not coming of the iceberg, but that is the failure end. It has to be back. part of education within the communities and the children themselves. It is a long-term strategy and it Q71 Chairman: What is key is engaging the will not be easy to do it at the present time. communities and presumably as part of your action plan you will have that engagement. Q66 Chairman: Where do you get the figure of three District Judge Mornington: Yes, and with women in a week? the communities. District Judge Mornington: From the forced marriage unit. Q72 Mr Davies: How do we know that those three girls a week are not voluntarily entering into Q67 Chairman: They have told you that there are arranged marriages? three a week? District Judge Mornington: You ask the forced District Judge Mornington: There was a pan- marriage unit and hear their stories about how they Y European conference at the Foreign O ce just have had to escape and the eVorts they have had to before Christmas and people from Islamabad make in Pakistan villages to contact the forced Y attended and provided those o cial statistics. marriage unit to get out. When they come back they are completely isolated from their families, which is Q68 Martin Salter: Judge Mornington, obviously not a thing you say voluntarily. you have worked out in embryo the action plan required. I and my colleagues are very keen to If these people are escaping how investigate this further, so anything you can do to Q73 Mr Davies: many more are being put into forced marriages and help us highlight suggestions is welcome. There has we do not find out about? been an inordinate amount of hand-wringing about District Judge Mornington: Thousands. the problem and a reluctance to move forward with programmes that are prepared to challenge things that are unacceptable and are held up as cultural Q74 Mr Davies: Thousands of British girls every norms. Anything you can do to help the Committee year? get underneath this issue would be welcome. District Judge Mornington: Forced marriages that District Judge Mornington: I think I found it a lot take place overseas as we know because of the easier when working in Pakistan and seeing that they numbers we bring back and forced marriages also challenge things in the same way there. I have take place in this country. I know that you are to brought over from Pakistan speakers whom the hear from Jasvinda Sanghera and Karma Nirvana. communities respect. It has also helped me to get They will tell you about it. I am also trustee of an inside those communities. I am a Muslim and so I Asian women’s charity which is completely cannot be accused of Islamophobia. It is not easy. inundated with cases in this country. It is a huge Ann Cryer is your expert and, sadly, she has just had problem. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 13

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin

Q75 Chairman: Mr Davies raises a very important person is under supervision from day one with the point. Let us be clear on the statistics because we are oVender manager controlling, supervising and dealing with a relatively small community. You say monitoring that person’s behaviour and making a that thousands come in on the basis of forced risk assessment in terms of information gathered at marriage? the pre-sentence report stage and further District Judge Mornington: No. I am saying that information gathered after sentence. On the basis of every year between the transnationals and those that assessment decisions are made on the speed at taking place here there are very large numbers of which he goes on to do the actual programme itself, cases. that is, intervention which is CDVP or IDAP. In addition, we link closely with the police and social Q76 Chairman: And only three are discovered? services and work the multi-agency public District Judge Mornington: No. Three come back protection arrangements again to ensure protection every week just from one place. of the partner he may be living with at the time and also his previous partner, previous victim, and also Q77 Chairman: So, 150 a year? any children involved in the new relationship. District Judge Mornington: Come back from Pakistan, one country. Q81 Bob Russell: You may have strayed into my next question. You heard what was said earlier. You Q78 Chairman: But thousands of cases occur? have set out a great theory, but what about practice? District Judge Mornington: Yes. They happen within Do you have the resources to deliver that Kurdish and Iraqi communities. It will be very programme, because the suggestion made to us interesting to see what happens with the new influx earlier was that there were lots of failings because of Roma. there are no resources to deliver what the system wants to deliver. Mr Mackin: The system was set up ideally from the Q79 Mr Davies: These are forced, not arranged, marriages? centre two years ago. That is the team where I am District Judge Mornington: Yes, forced. based. The probation areas signed up to deliver that. What we need to do is to see how that has been Chairman: It will be very helpful to have additional information on that. It was obviously a subject on implemented. What we feel has happened from the which Ann Cryer was very keen to question you but centre is that a lot of probation areas wanted to sign unfortunately she is not able to be here. up for it and did so—42 did sign up for these programmes—but we found that they had to do it with limited resources, that is, those they already The answers and observations Q80 Bob Russell: had. That has created a backlog of people waiting to have been very impressive and the subject just go on the programme element of the intervention. covered is a particular example. In addition, What we are doing at the centre to support them is referring to Lord Justice Wall’s penultimate to evaluate these programmes and look at ways we contribution, that is an area which I hope the can assist with assessment and see if we can bring in Committee will look at in great depth. You were the third sector to provide cover in addition to what putting forward solutions to the problem and I hope we are doing with the IDAP and CDVP. we shall go into those in great detail when we consider our report. Mr Mackin, can you describe the aims and content of perpetrator programmes run Q82 Bob Russell: Obviously, I do not know what the by the Probation Service? Committee’s report and recommendation will be, Mr Mackin: The 42 probation areas of England and but I suggest this is an opportunity for you to put the Wales run an accredited programme which is either case to us and possibly government in the hope they the integrated domestic abuse programme which is may listen. What level of additional resources is chosen by 33 probation areas or the community required so you can deliver what you wish to deliver domestic violence programme which is run by the that would meet the observations that we heard from other nine probation areas. Each one of those the two judges earlier? Y programmes is run on a formal basis and uses highly Mr Mackin: The di culty for me giving those specialised trained probation staV who have gone figures is that I am separate from the operational through an accreditation process themselves, and control of each probation area. I can give a ballpark they deliver material which has been assessed as figure. We have worked out that it costs £8,000 to suitable in terms of changing behaviour and £10,000 per person to complete the full programme, thinking processes by an academic panel of either CDVP or IDAP. I suppose that if we have a international experts. The aims and objectives of the waiting list of probation areas that identify the Probation Service are for each individual area to waiting list for people to go on that programme they ensure that it has suYcient resources and ability to will then have to make representations as to what support the courts to deal with the men who are extra resources they need. Therefore, a ballpark sentenced by either magistrates courts or crown figure for each probation area’s waiting list would be courts. In addition to the programme itself, both the £8,000 to £10,000 per person. CDVP and IDAP work in an integrated process, so we have what we call the oVender manager, who is a Q83 Bob Russell: Mr Mackin, perhaps you and probation oYcer, overseeing that person colleagues could send us a paper because that is an immediately on the day of sentence. Therefore, that investment of £8,000 to £10,000, but how much do Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 14 Home Affairs Committee: Evidence

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin you estimate it will save the public purse by investing research base has been proved to be a very good thatmoneysothatotheragenciesdonothavetocome indicator that these programmes will work, so along and pick up the pieces? magistratesand crowncourtjudgeswant tousethem. Mr Mackin: That is a very good question and we Wehaveademandthatexceedssupply.Iamsorrybut could make some research into it. I have forgotten the second part of your question.

That would be very helpful. Q84 Bob Russell: Q88 Bob Russell: What happens when the demand Lord Justice Wall: One cannot over-emphasise the cannot be met? I would like you to say what happens importance of this. This work is absolutely vital. I do when demand cannot be met. It may give you greater notdocrime andmyexperienceis onlyanecdotal.My weight when hopefully you come forward with the wife sits as a JP in Camberwell which is one of the written submission on my very first question. busiest courts in England. The man comes in and is Mr Mackin: If we get to that stage the Probation found guilty. The wife does not want him sent to Servicewilllook atotheroptions.We alreadydothat. prison. He may have a job and may be supporting the We have a number of projects in place in terms of family. She wants the violence to stop, so she says, evaluating the programmes; we are looking at other “What about the programme?” She is told, along the methods of intervening, but we believe that these two lines indicated—I am sure District Judge interventions, IDAP and CDVP, are the best and we Mornington’s experience is the same—“We are very want to support them. If it comes to a point where we sorry but there is a huge waiting list and we do not cannot do that and the probation areas report that have the resources and cannot do it.” You lose people they cannot put people through we will go back to the in this way and the recidivism rates reflect that. court and advise the court and suggest another avenue to go down, but in the meantime I and my Q85 Bob Russell: The families and children continue colleagues are looking at other options to support V to su er and the consequence for the public purpose, these two programmes so we do not get to that stage. let alone the human misery, is considerably greater Again, resources would be helpful. than£8,000to£10,000.ThatisthepointthatIaskyou to take away. District Judge Mornington: Mr Russell, when we Q89 Bob Russell: How do probation programmes separate them from a family they do not go and live in diVer, if they do, from those provided by the an ivory tower; they go on to the next family and the voluntary sector? Do you refer or signpost to those next one and do the same again. We must break that services? chain for the sake of all those families. Mr Mackin: As time moves on, the Probation and PrisonServicesworkcloserwithvoluntaryproviders. Q86BobRussell: Iconcurwiththatand withwhatMr In particular, in the case of domestic violence we Salter said earlier. My advice bureau has many cases acknowledge that therehas been a massiveamount of whichoverlaptheworkyouaredoing.IfIcangoback expertise in the voluntary sector regarding to Mr Mackin, you mentioned other agencies. Can interventions and programmes. We are working you spell it out? Are you satisfied that by working closely with our colleagues in the third sector to look with other agencies you ensure the safety of current at other ways they can support both CDVP and partners and former victims? Are you satisfied that is IDAP. As an example, we are doing an exercise in the happening? South West region where we shall be mapping out Mr Mackin: I am satisfied. We have set out the what interventions are available across the board parameters for that to occur. With these programmes provided by the Probation and Prison Services and wealsoinsistthatawomen’ssafetyworkerisassigned also what is provided by third sector providers to see to the family of each perpetrator who completes the what we can do to support each other and the programme, or even prior to the programme when he programmes. is being assessed as needing the programme. Even if there is a time lag while he waits to go onto the Q90 Bob Russell: Can you send the background as to programme there is a person involved with that V what is happening in the South West? family, the o ender manager, to support and advise Mr Mackin: Yes. the police and so on if any concerns are being raised about his behaviour. The parameters are in place. Again, how each of the 42 probation areas manage Q91 Margaret Moran: You referred to the that,or havethe budgetto managethat, isa matteron eVectiveness of the perpetrator programmes. Can which perhaps I need to get further advice. you also supply a note on the data that underlies it? What data do you use to evaluate them and how can Q87 Bob Russell: Let me ask a very naı¨ve and we have confidence that for that level of investment innocent question which nevertheless must be asked. there is measurable eVectiveness in the programmes? What is the level of demand for perpetrator Can you also tell us how many perpetrator programmes, and what happens when that demand programmes have equitably resourced women safety cannot be met? workers and at what point those workers make Mr Mackin: The level is very high. When we have contact? introduced the two programmes the probation areas Mr Mackin: I cannot give you the exact figures, but have signed up for them and the courts have used the parameters we set are that after sentence each them because they have been seen to be eVective. The partner or victim is assigned a women’s safety Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 15

22 January 2008 District Judge Marilyn Mornington, Lord Justice Wall and Mr Phil Mackin worker. That is part of the whole process that the Mr Mackin: There would be because the oVender person as well as his partner or ex-partner or victim manager responsible for that person will continue to go through. monitor that person’s performance to ensure there is no reoVending. The diYculty arises when the order comes to an end. The Probation Service is then not Q92 Margaret Moran: Are you telling us that there is resourced to work with that oVender until, not always a women’s safety worker assigned? V Mr Mackin: We always contact the person who is unfortunately, he o ends again, or hopefully he being aVected by the violence or oVence. It is up to does not. that person whether or not that service is taken up. Q98 Margaret Moran: Therefore, you will come in contact with that person again only if there has been Q93 Margaret Moran: At what point does the worker repeat oVending or the person is in prison and is make contact? referred back to you? Mr Mackin: At the beginning of the person’s Mr Mackin: Yes. rehabilitation order. Q99 Margaret Moran: Therefore, there is no follow- Q94 Margaret Moran: They follow through the up process? process? Mr Mackin: No, but we could ask the perpetrator to Mr Mackin: Yes. self-refer if he had any concerns; and perhaps it is also an area where we can work with third sector colleagues and have an agency to look at that area of When the programmes come Q95 Margaret Moran: work. I can understand your point. A key area is to to an end what happens? ensure we can prove that the programmes are Mr Mackin: When the programme comes to an end eVective. there is a post-programme report completed by staV who have worked with the perpetrator throughout Q100 Margaret Moran: My eyebrows shot up when it the course of the programme. A meeting is held is suggested that the voluntary sector would have the V V between the sta and perpetrator and the o ender resources to be able to do that. manager. Any risk features that are outstanding are Mr Mackin: I am sorry. There would have to be highlighted. Work that he has done to improve resources todo that. Thatwould bea piece ofwork by himself is also highlighted. When he continues his ourselves. V rehabilitation order his o ender manager will Margaret Moran: The reason I raise it is that I do not continue to monitor that risk as long as the order know how you can evaluate your eVectiveness if you lasts.Atthesametime,his victimorpartner,ifshehas do not track through the whole system. If you want to taken up the opportunity of having a women’s safety come back with some further information on that it worker,willhaveafinalmeetingwiththatworkerand would be helpful. will be told what agencies to use and what advice to Chairman: Would you like a note on that? take if anything occurs and the man resorts to past Margaret Moran: That is what I suggest. behaviour; and there is also a six-month follow-up Chairman: We would be most grateful if you could let interview with the partner or victim to guarantee us have a note on the points raised by Margaret whatever work that he has done has been eVective Moran. duringthatperiod.Partoftheresearchwearedoingis to analyse that data. We find that is the most eVective Q101 Margaret Moran: To save time, could you also way to see that these programmes work and there is a provide a note on issues around perpetrators under long-term benefit in the perpetrator completing these 21? I understand that there are programmes that kick programmes. inat21.Whathappenstopeopleunder21,anddoyou have any plans to introduce programmes for them? District Judge Mornington: Perhaps I may say one Do you see repeat Q96 Margaret Moran: thing on perpetrator programmes. As far as I know, perpetrators who have gone through your there are no women in prison who are perpetrators of programme once? domestic violence. In particular, if you ask prison Mr Mackin: Yes. We find that people then go into the V governors you will find that there are no programmes prison system because the o ence is more serious and in prison to address the enormous damage done to then do programmes in the Prison Service. women by domestic violence which leads to their criminality. Governors say that for a large majority Q97 Margaret Moran: What tracking do you do, of their prisoners one of the factors in their which comes back to my point about the eVectiveness criminality is the eVect of domestic violence on them. of these programmes, following the end of the Whilewearespendingmoneyonmaleperpetratorsto programme, apart from what you have described to balance things up perhaps we should do something me? How do you know what happens beyond that as for women who end up in prison because they are far as those perpetrators are concerned? If they go victims. into prison is there continuity? Chairman: I thank all of you very much for coming. 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Ev 16 Home Affairs Committee: Evidence

Tuesday 29 January 2008

Members present

Mr Keith Vaz, in the Chair

Ms Karen Buck Patrick Mercer Mr James Clappison Margaret Moran Mrs Ann Cryer Martin Salter David T C Davies Mr Gary Streeter Mrs Janet Dean Mr David Winnick

Witnesses: Ms Shazia Qayum, a survivor of a forced marriage, Commander Steve Allen, Association of Chief Police OYcers’ Honour-based Violence lead, and Mr Nazir Afzal, Director, Crown Prosecution Service (London West), gave evidence.

Q102 Chairman: Can we now resume our inquiry marriage. I was also told that “no” was not an into domestic violence and forced marriages. option and if I did not go through with the marriage Yesterday the Committee had a very useful visit to I would not be able to return to the UK. Croydon where we saw the Family Justice Centre Unfortunately, I did not feel that I could turn to there, and today we have a number of further anybody abroad or any member of my family. I went witnesses in our inquiry. We are going to start with a ahead with the marriage and then I was forced to number of questions to Shazia Qayum. Ms Qayum, sponsor my spouse for entrance to the UK. I was not thank you very much for coming to give evidence to only forced to sponsor him to come to the UK, I was this Committee. We know this is a diYcult thing to left in Pakistan for a further six months by my do and we are very grateful to you for sharing this parents until I had done that. When I submitted the experience with us. The Committee has, of course, application form to sponsor my spouse, heard from other survivors of forced marriages and unfortunately, because I was interviewed with the domestic violence in private but this is the first spouse and the rest of the family, I was not able to evidence we are taking in public. As I understand it, raise my concerns. If I had that opportunity I would you were taken out of school and held prisoner in have. I then arrived back to the UK and had to your home, forced to marry abroad and only demonstrate that I could financially support my returned to the after agreeing to spouse. While I was working I used that time to write sponsor your husband under duress. to the immigration and write to the Home OYce Ms Qayum: That is correct. explaining how I was forced to marry and how duress was a factor, and how I did not want to Q103 Chairman: You left your home in 1998 and sponsor the particular person to come to the UK. I were subsequently disowned by your family. Could also said in the letter when the marriage took place you give us a brief account of your experience, in I actually told my ex-husband that I was forced to particular, in dealing with the agencies that are there marry him, and his response to me was he did not to help you and others deal with these immensely care; he just wanted to come to the UK. diYcult problems? Unfortunately, the letters that I did write to the Ms Qayum: Firstly, I would like to thank you for Immigration and the Home OYce, I wrote seven inviting me and giving me a platform to share my letters and none of my letters were acknowledged, experiences today. My experiences started at the age and to my surprise he got a visa to come to the of 15 when my parents presented me with a country. He arrived in the country ten years ago. I photograph of the person they wanted me to marry left home, which was a very big decision for me to in Pakistan, who was my first cousin. When I refused contemplate being disowned by my family, from my to get married I was told that I would not be able to community and everything I knew. I did leave home; finish my education. At 15 it was very important for I actually rang the police and was escorted by the me because it was my GCSE time. I was kept at police. When the police escorted me from the home for a whole year; no one from the education property my father was shouting abuse and he welfare, no one from social services asked the actually said he would find me and kill me. The question where I was. My parents handed in a sick police oYcers took me to the police station, took a note from the family GP telling them that I was not statement oV me and then told me to make my own well enough to attend. I was kept at home for the way—did not signpost me to any agencies or any whole year and chaperoned everywhere I went. At support networks. I then went and put myself in a the age of 17 I was taken to Pakistan on a family bed-and-breakfast and stayed there for six months holiday. I was told: “It’s a family holiday and we’re with some money that I had saved up prior from going for four weeks”. I was quite excited to go working. After staying in a bed-and-breakfast for six because I had never been to Pakistan in my life—I months I then heard an advertisement for a support am a British-born subject, born in Britain and never agency for domestic violence and access to refuge been abroad in my life. On arrival in Pakistan and a provision, and I then went into the Karma Nirvana week into the holiday I was told that my refuge where I started rebuilding my life. It has now preparations were going ahead and it was my been ten years and I am still disowned by my family Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 17

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal today. I believe my ex-husband is still in the UK. I gone straight home and told my parents, but if the did not support him for indefinite leave to remain; I teacher is more aware of forced marriage and left two weeks after him coming into the UK, and he honour-based violence more pupils would feel more is still there. confident in turning to them.

Q104 Chairman: Does he have indefinite leave? Q107 Ms Buck: Is that because you thought your Ms Qayum: I believe he has. teacher would not believe you? Or do you think that Chairman: Thank you very for that statement. My the teachers would instinctively take the view that colleagues on the Committee are going to explore your welfare was best served by your parents, each of the various agencies with you (they have regardless? each got a question, for which we would be grateful Ms Qayum: I think the teachers would contact my if you could answer), starting with Ann Cryer. parents, and they would think my best interests are with the parent. I think that was also because of my own experiences of my best friend getting married at Q105 Mrs Cryer: Shazia, your story is a story I hear every other week in my constituency. Things have the age of 12 for truanting school. So therefore I was improved because we are able to help girls like very fearful. yourself, I believe, through the two organisations that are presently here, but things are still diYcult. Q108 Mrs Dean: I hope things would be better My question was to have been what sort of response nowadays than they were ten years ago in your case. did you get when you want to the police station, but I was interested to hear what you said about not from what you have already said you did not get being interviewed on your own when you went to the much of a response. I hope that that would not be the Immigration Service. Were there other times when case today, but I am sure there are certain areas you had problems with the Immigration Service? where we have a lack of understanding of your sort Clearly, that would have been a chance for you to be of case. Do you have any views as to how a police able to say to them that you did not wish to bring person, on the front line, on hearing of a case like your husband over. Can I ask you two questions, yours, should deal with it immediately? really? What problems did you have with the Ms Qayum: I think the immediate response should Immigration Service, and had you been interviewed be to believe that person, first of all. I think that is the at the time, on your own, would you have felt strong most important thing because nine out of ten times enough to actually say to them that you did not want people do not get believed and it is looked over. to bring your husband over, bearing in mind that Also, to take the risks on board, because the risks do your family could have disowned you for telling not stop there when you are leaving home; the risks them that? really start when you have left home. I think, also, Ms Qayum: Firstly, if I had an opportunity to raise for the police to understand and put that particular my concerns and I know that my parents—that I person in touch with a survivor in order for them to would be disowned by my immediate family and my share their experiences with someone else in order to extended family members, I would have taken that let them know that there is help and support and route. The reason why I would have taken that route light at the end of that tunnel. is I was considering writing to the Immigration and the Home OYce on my arrival to the UK. If I had that opportunity, yes, I would have raised my Just picking up that point, Shazia, Q106 Ms Buck: concerns then. about support, at the very end you just mentioned the refuge option. To what extent do you feel you knew and had confidence that there may be safe Q109 Mrs Dean: The other question is more general: accommodation available to you; that there were what are the problems you had in actually getting refuges and that there was somewhere physically you through to them that you did not want this marriage could go? Again, what kind of improvements do you to exist? think need to be made to that system to help the Ms Qayum: The only problems with Immigration, I people like you of today? feel, is when I wrote to the Immigration, and I Ms Qayum: Firstly, I did not know about any refuge continued to write to the Immigration and I called accommodation and did not know that until I heard and they told me they had a backlog, and the advertisement on the radio for a support agency unfortunately my letters were not acknowledged; I who signposted me to refuge provision. I have never felt very let down. known that there was any support agency for south Asian women, or any women for that matter, in Q110 David Davies: Shazia, thank you for sharing terms of domestic violence, forced marriage or your story with us. Do you think that, in your honour-based violence. The only thing I did know experience, this is happening to many young women was that there were social workers and foster care in your community? homes, and I think that was because of the whole Ms Qayum: I do, I do. I think it is happening to awareness raising. I think not having posters up in many, many young women and men, but I believe it schools, not having teachers talking about it, no is very under-reported. awareness-raising at schools to make you aware that if you are going through that there are people you Q111 Margaret Moran: Just on the immigration can turn to. I do not believe that I could have turned case, Shazia, you said that (I was going to call him a to my teacher because I felt my teacher would have gentleman but I will not) the person in question got Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 18 Home Affairs Committee: Evidence

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal indefinite leave to remain. Have you any idea how Ms Qayum: The GP was a family friend. My parents that happened? The second point is, before you were actually went to the GP without taking me to the GP taken to Pakistan did you have any inkling or was surgery and they had a sick note and handed it into there anybody to whom you could have said: “If I school. I do not know how long that period of sick don’t come back by such a time alert somebody”? note was for—three months, three weeks, or six Would there have been anybody you could have months—but that was handed into school to say I trusted to do that for you? was not well. Ms Qayum: I did not feel that I could turn to anybody before I went to Pakistan but I also did not Q115 Martin Salter: Would it be your advice to us, know that I was going to be forced into marriage, in the course of our inquiry, that we should probe the because when I was taken out of school at the age of role of GPs in cases like this, where the GPs are 15 and kept at home until the age of 16, for a whole actually in breach of the ethical standards that year, as a prisoner, I was then allowed to find a job, govern their procedures by signing sick notes in and marriage was not an issue at home—no one order to facilitate, eVectively, forced marriage? talked about marriage. Therefore, when I turned 17 Ms Qayum: Absolutely. and was told to go on a family holiday I did not really think my parents would force me to marry. Q116 Martin Salter: Okay, we will certainly take The second question: on his arrival to the UK, on 5 that on board. Secondly, you now work for Karma November 1999, I left home two weeks after that. I Nirvana. had no contact whatsoever but he still got indefinite Ms Qayum: I do. leave to remain in the UK. I do not understand how. Q117 Martin Salter: And they recommended, in this Q112 Mr Streeter: Thank you for your courage in incredibly helpful submission, DV36, that we called coming here today. Education you have already you as a witness, and we are all delighted that you touched on—that you were kept back from school are here. However, we also noticed, in the same and the school did not make any inquiries. Has there submission, that they note that “not one secondary been any subsequent follow-up from school at all? school in Derby would display the Government’s Really, I suppose, that has wrecked your education? forced marriage poster, which we have tirelessly Have you been able to get qualified in anything advocated schools to display”. since? Ms Qayum: That is right. Ms Qayum: It was a very big impact on my education because it was a very important time— Q118 Martin Salter: This appears to me to be GCSE time. I was kept at home for a whole year and touching on the nub of the problem. If the no one from the education welfare came to ask the Government’s own Forced Marriage Unit cannot question why; I almost felt invisible and no one put posters advertising its services into schools that cared. I also remember sitting there thinking that if are funded through the taxpayer, do we not have a I was any other child and if I wasn’t Asian would serious problem of institutional resistance? Is this school teachers be knocking on the door? Was I another area that we should be probing? diVerent just because I was Asian? In terms of my Ms Qayum: Definitely. It is very important to me for education now, I have just managed to get my first all 0young people at schools to know what help and qualification, which is the first year at university in support is out there. Before the summer holidays community research in mental health of South Asian myself and Yasmin Sangerra (?) approached all women. That is very recent—last year. secondary schools in Derby and spoke to all heads of schools and told them that we wanted them to put the posters up for children to know what kind of Q113 Mr Streeter: I am going to ask a question but support is available and where they can get in feel free not to answer it. What impact has all this contact. They told us they did not want to oVend experience made on your personal faith? parents. They have posters for drugs, alcohol and all Ms Qayum: Quite surprisingly, I have used my faith other posters up there, and to oVend parents and not to empower myself. My parents used my other faith, have the forced marriage poster is not a good our religion, as a tool and told me, in particular, that enough answer. no matter what your parents say you have to obey your parents. Yes, you do obey your parents, but if your parents are abusing you, you know—a wrong Q119 Martin Salter: You said that your husband is a wrong and a right is a right. I have used my really was not interested whether it was a marriage religion to empower myself. under duress or not, all he was interested in doing was getting into the UK. Is forced marriage used in Mr Streeter: Well done. Thank you very much. many ways as a way of shortcutting the established immigration procedures? Q114 Martin Salter: Shazia, what is very alarming is Ms Qayum: Definitely. I see a lot of young women the lack of practical support you were able to draw and men who tell us that forced marriages are used upon from the authorities. Could you just explain to get entrance into the UK. I quite clearly told my for us why the GP was able to sign you oV when you ex-husband that I did not want to be his wife and I were apparently completely healthy for an indefinite did not want to be his partner, and he told me he did period of time? Was the GP part of the conspiracy in not care, he just wanted to come to the UK. At the your view? same time, that was something we agreed on so that Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 19

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal we did not consummate the marriage. Because I did Ms Qayum: Thank you very much. not want to consummate the marriage I played along Chairman: Thank you very much for giving evidence with him to sponsor him to the UK until I could get today. You are welcome to stay. We have some help or try to get help from the immigration by questions of Mr Afzal and Commander Allen. As writing to them. Unfortunately, I did not get a time is relatively short, we have enough time to ask response. all our questions but what we are going to do is direct Martin Salter: Thank you very much for coming to questions to each of you in turn. If you want to chip see us. in, please do so. The Committee promises to put the questions briefly but we would like brief and succinct Q120 Mr Winnick: As I understand it, your answers, if that is possible. I would like to start with husband, you told us, was given permission by the David Winnick, who has a question on the police. Home OYce to stay here as your husband, because, clearly, from what one can gather, there was no Commander Allen, we have proper investigation. If the answer from the Home Q126 Mr Winnick: heard a very impressive and very courageous oYce had been no, is it likely that your parents, experience told to us today. There was, however, the either with you, against your wishes but very sad and tragic case of the woman who was nevertheless, or on their own, would have gone and murdered, Banaz Mahmoud. How far would you seen their Member of Parliament and urged the say that those seeking assistance from the police are Member of Parliament to take action to try and in a position where they will be helped and not, allow your husband to stay? indeed, in the case we have just heard, told they are Ms Qayum: Possibly. Possibly. I am not sure. I did virtually on their own? believe they would have tried to use every opportunity they could for him to remain in the UK. Commander Allen: Chairman, good morning. Unfortunately, I have not had any contact with my Unfortunately, many of these questions do not lend parents whatsoever. themselves to short answers, but I will try, and trust you to take me to other places if you want to. The answer to your question is that I am more confident Q121 Mr Winnick: So there does seem a problem, now than I have ever been. Ten years ago, as the does there not, with Members of Parliament (who, head of operations for the City of Bristol, I had obviously, are always concerned to try to please never heard of this issue, which, when I reflect on constituents, for the most obvious of reasons) taking that, strikes me now as being quite remarkable and up cases which, in the end, in some instances like astonishing, given the nature of that community. your own, if it happened (and it did not happen Y The service has moved to a point where now, quite because the Home O ce said yes), can cause great evidently, we have an ACPO lead on the subject and unhappiness. a developing strategy and much has been done. To Ms Qayum: Absolutely. summarise, in answer to your question, I think at a Mr Winnick: Perhaps that is a lesson, Chairman, for strategic level and at a policy level, in terms of the Members of Parliament— guidance that we have developed, the evidence base Chairman: I do not know why you are looking at me! that we have developed over ten years, and the Mr Winnick: I would have thought that is a matter resources that are available to oYcers, it would be that should be of concern to us. reasonable to say, without wishing remotely to sound complacent, that in terms of the investigation Q122 Chairman: It is a matter of concern. Ms of honour related homicides the service is now far in Qayum, have you written to the Home Secretary to advance of where it previously has been, and most ask her how it was possible for indefinite leave to be investigations now receive credit for the quality, granted to someone in this country where the spouse sensitivity and professionalism of them. I think we was not supporting that indefinite leave? have also witnessed some significant improvements Ms Qayum: No. in the responses and the knowledge made by what I would call specialists in, particularly, domestic Q123 Chairman: Would you like to write to the violence functions—those who receive additional Home Secretary and send us a copy of the letter? training, those whose job it is to manage the risk Ms Qayum: Absolutely. assessment process and then conduct investigations. David Davies: We could, perhaps, Chairman, on Ms The further we get towards the front end the less Qayum’s behalf. confident one can be. The key challenge that I have Mrs Dean: The problem is I think Ms Qayum will be always seen and articulated with this work is that we told she is the third party, as we are when we write have in excess of 100,000 people around the country to constituents. who may be the first person to whom a victim reports, and the ambition has to be to have the Q124 Chairman: She might be. If you write to us we confidence that every one of those 100,000-plus will forward the letter on. people, every single time they come into contact with Ms Qayum: Thank you very much. a victim, gets it right. I cannot sit here and, in all honesty, say to you that I believe that on every single Q125 Chairman: It is not possible to get indefinite occasion we do get it right, because I know from leave by fraud if somebody has fraudulently done it. contacts with those working in the field that on far I am not suggesting you did, but you simply need an too frequent a basis we still do not get that right. My answer. The Committee will write on your behalf. assurance is that we are doing the work to try and Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 20 Home Affairs Committee: Evidence

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal improve that situation. As I say, we have developed every police force in the country immediately that much guidance and many tools for oYcers in that case came to light. Certainly, I can tell you that developing training on a national basis in order to my own responsibility as the Commander of try and make sure that we can give that guarantee. Westminster resulted in that being brought to the We are much better than we were, but we still have attention of every member of staV who works at a a way to go. front counter. Mr Winnick: Thank you. Q127 Mr Winnick: Where it went disastrously wrong, in the case which I mentioned, Banaz Q129 Mrs Cryer: Nazir, what are the specific Mahmoud, a 20-year-old woman of Kurdish origin barriers to pursuing cases of honour-based violence who her parents were trying to force into a marriage, or forced marriage? I recognise that forced marriage she approached the police four times—four times— in itself is not a criminal oVence, and therefore I in fear of her life, including writing a letter to the recognise that you cannot pursue it, but in the course police with the names of three men, her uncle’s of someone being forced to marry there must, of henchmen, who she thought—with every necessity, be various criminal acts carried out. justification, sadly, as it turned out—would murder Mr Afzal: Absolutely. her, and her body was found buried in a suitcase in a family garden in Birmingham in 2006. It has, of Q130 Mrs Cryer: Yet to date I do not know of course, been a case where the IPCC are conducting anyone being prosecuted for committing these acts an investigation into what was described as an of violence or criminal acts in order to force inadequate police response to her appeal for help. It someone to marry. is a terribly tragic case; terrible that her life should Mr Afzal: Good morning, Chairman, good be taken by thugs simply because she was desperate V morning, Mrs Cryer. You are absolutely right; not to marry a particular person, and all her e orts forced marriage is seen by us as a trigger for much of to contact and be helped by the police did not the violence that we end up prosecuting. As you succeed in any way. Do you feel, Commander, that know, forced marriage itself is not a criminal every police station in the UK has been notified oVence. However, false imprisonment, abduction about this case—the circumstances and the lessons (the kind of things that happened to Shazia), to be learned? Are you satisfied that wherever the violence, duress and psychological harm—all of police station may be (obviously, there are many those things could potentially be criminal oVences. parts of the UK where the number of people of You will know there are examples up and down the Asian origin are few), by and large, the police country, many presently ongoing, where we are sergeant, etc, and his superiors would know and V prosecuting vigorously, robustly cases which would understand the situation—di erent from what perhaps surround a forced marriage, but enable us, happened to this lady? using the current legislation to prosecute, we hope, Commander Allen: Our response in relation to that successfully. I am not overly concerned about the particular tragic case, sir, is that the IPCC have still legislation; I think we have more than enough not published their investigation report, and we legislation available to be able to prosecute these await that, hopefully, in the next month or so. Of crimes as eVectively as we are. I also concur totally course, we will learn lessons from that. I have with Commander Allen about the level of delayed putting the draft ACPO strategy into the knowledge of oYcers: 100,000 police oYcers, 8,000 ratification process precisely because I want to make prosecutors—you cannot expect everybody to know sure that that strategy encapsulates the learning that everything about everything. However, we recognise comes out of that. As you will be aware, there were V there are large numbers of people who are better two di erent police forces involved at various stages informed now than they ever were. The main during the inquiry. In terms of your question about obstacle, quite frankly, Mrs Cryer, is the lack of the lessons coming directly out of that case—have awareness, the lack of education, I guess, around we circulated those to police forces—no, because we this issue. As much as I have been talking about it— have not seen the IPCC view of those lessons yet, but and Commander Allen, Shazia and others, and what we did do in the immediate aftermath, or as yourself for many years—there are still people who soon as that case came to light (originally produced are surprised by it. There is a need to make sure that by the Metropolitan Police but now under an ACPO everybody is familiar with the issues, everybody is badge) is produce a two-page guidance document, aware that this is an issue not of honour, it is an issue which I am very happy to circulate to the of power and control—male power over female Committee. behaviour—ultimately, as long as you put it in the context of human rights, and not just women’s Q128 Chairman: Please. That would be very helpful. rights, if people are prepared to listen. Until we can Commander Allen: Which sets out some background get to a situation, as Shazia pointed out, where the and some of the key dynamics, and it gives very, very educationalists, people working in education, people specific guidance to oYcers in terms of what they working as health professionals and others, spot and should do and what they should not do. It also gives, identify the triggers which potentially will lead to a reflecting on Shazia’s experience, a range of contact forced marriage or to honour-based violence, then details for organisations and agencies that can we are limited, because the evidence is not going to provide that support. We have re-circulated that; come to us. Also, on the other aspect, awareness, of that was the second time that had been circulated to course, the victim or witnesses themselves are Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 21

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal reluctant to come forward. It may be necessary for identified who are in a position to use their the others, who have a duty to care towards them, knowledge that we have given them and which they i.e. the health professional, the teacher, the have picked up from other sources, and we are also headmistress, or headmaster, to actually bring it to giving them special guidance, and they are working the attention of the authorities in a way that they, in those areas to be able to deliver a better service to perhaps, would not. At the moment, I am not their local police services. Once we have finished the convinced that is happening routinely up and down pilot, which we hope to finish in three months’ time, the country. There are many examples; Shazia’s may we will look then and share best practice, deliver have happened ten years ago but ten years later I can guidance and see whether or not we can identify point to many examples right now where the further specialists up and down the country. educationalist, a teacher, perhaps inadvertently, as in the case of Heshu Yunes, informed the parents that there was some reason why she was missing Q133 Chairman: Commander Allen has a quick school, which ultimately led to her death. So you point. have the inadvertent and you have the unconscious, Commander Allen: I just thought it was important to really, lack of awareness. That said, great news (I reiterate the point about (let us call it) political think Commander Allen said it); whilst we have not correctness or political sensitivity shaping shared all the good factors that have come out of operations. We have come to learn that whatever we Banaz and Surjit Athwal (another major case that do we will attract criticism. I led the raids into we dealt with last year), other areas around the Slough on Thursday of last week and spent all of country are picking it up very quickly of their own yesterday being accused of stigmatising and volition. I was in Cleveland just before Christmas targeting a particular community. If we do not take where they have launched their own hotline. action we get accused of not taking action because Cleveland you would not imagine to be a hotbed of we are frightened of taking on cultural issues. Our honour-based violence and forced marriage, but in view is that we target criminality. Our view is that the month since that hotline became active 90 ‘phone our responsibility is to identify and protect victims, calls and 22 active investigations. These are places and we are very, very clear about that being the focus that are running with it themselves. They recognise of all our interventions. how important it is that they take the lead, and they are taking the lead. Q134 Mr Winnick: You should carry out your duties and not worry about unnecessary and irrelevant Q131 Mrs Cryer: You do not feel that the CPS, or criticism. That is what we would like you to do, and the police for that matter, have a problem in not I am sure you do it day-in and day-out. wishing to be too clear about certain prosecutions, Commander Allen: Absolutely. because they do not want to be accused of discriminating against certain . . . That is behind— Q135 David Davies: Mr Afzal, yesterday I spoke to Mr Afzal: Many, many years ago, thank God. I somebody about the Forced Marriage Unit and I think it was a former Solicitor General who said was told that the CPS had figures showing that in political sensitivity is no excuse for moral blindness. Bedford alone 300 girls aged between 13 and 16 have We are not interested in the idea of sensitivities here disappeared from school rolls. I do not know why because, ultimately, we are talking about child the CPS would have that— protection, victim protection, and homicide— Mr Afzal: Exactly. It is not the CPS. We are aware V serious o ences taking place—hidden victims and of the figures. hidden perpetrators. You will know the figures: you will know that three times as many Asian women commit suicide as opposed to white women from Q136 David Davies: Can you tell me what the figures this country; you will know that just in the line are nationally, or what you are aware of? between Slough and Southall 80 women killed Mr Afzal: I cannot give you those figures. themselves in the last year, and you can work out for yourself the ethnicity, perhaps, of those individuals. Q137 David Davies: Can you write to us about that. So suicide and self-harm; again, these are hidden That would be very helpful. victims. We are not interested in hidden victims; we Mr Afzal: On the main point that Mr Davies makes, are about bringing them out into the open, and I am we are not just working with victims of crime, we are not in the slightest bit concerned about being looking at potential victims of crime. We have criticised for being discriminatory or racist, or identified thousands, probably, of young girls whatever that might be. between those ages, 13 and 16, who are no longer in education. Very many of them are, allegedly, being Q132 Mrs Cryer: I understand there are specialist home-schooled and very many of them are not being training courses for CPS solicitors so far as domestic home-schooled at all because there is no means of violence is concerned. Do you have anything similar being able to check what is happening to them. Very for honour-based crimes and forced marriages? many of them will end up being—well, they are Mr Afzal: Yes. We are now piloting in four areas— victims already, I would say—victims of forced West Yorkshire being one of them, West Midlands, marriage or honour-based violence. I know that a four boroughs in London and Lancashire— number of institutions are receiving freedom of specialist prosecutors. These are people we have information requests to get the full information. At Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 22 Home Affairs Committee: Evidence

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal the moment I do not have that in the way that you my work I have folders on my shelves, one of would like, but I am sure we can give you what we which says: “Crime Reduction Strategy”; one have. says: “Community Engagement Strategy”; one says Chairman: If you could do that, that would be very “Community Cohesion Strategy”; one says: helpful. “Preventing Violent Extremism Strategy”, and one says: “Community Justice Strategy. All those things, really, are facets of the same diamond. I believe there Q138 Mrs Dean: Commander Allen, do you agree that honour-based violence and forced marriage still is a real need now not to articulate those engagement remains very under-reported? Have you got any strategies but to bring them together in a really coherent way. When you begin to look at all those data on the extent of violence and forced marriage? V Could you say whether it includes both male and di erent strands of engagement you begin to female—I think 15% male has been mentioned understand that issues around honour-based somewhere? violence and forced marriage fit into each of those. Commander Allen: We have a significant amount of There is a real crying need for that bringing together data in relation to forced marriage and honour- of an engagement approach. based violence that is reported to us. It is very diYcult, because of the way that our data recording Q140 Mrs Dean: How do you respond to claims systems work or do not work across the country and from specialist organisations that current risk their consistency, to understand how much is assessment models are not suitable for use with reported to us. We work on a figure which suggests honour-based violence, and that the police are not it is around 500 cases shared between us and the prepared to provide adequate protection to people Forced Marriage Unit per year. Is it under-reported? at risk of honour-based violence? Massively. What we will never know, or cannot Commander Allen: I think those are two diVerent know at the moment, is the extent to which it is questions. The first, in relation to the risk assessment under-reported. If you were to ask me to hazard a process, I am sure, although I did not hear his guess, if the generally accepted statistic is that a evidence, that Chief Constable Brian Moore would victim will suVer 35 experiences of domestic violence have talked to you last week, or whenever, about the before they report, then I suspect if you multiplied work that the Domestic Abuse Portfolio (to which I our reporting by 35 times you may be somewhere report) is doing around trying to develop a near where people’s experience is at, but we simply consistent and single risk assessment model across do not know. We recognise that the issues are those the country. I imagine he talked to you about the in relation to the police about trust and confidence; “specs plus” (?) model. I do not know whether that there are also issues about whether the criminal means anything to you, but that is the risk justice system and process actually provides people assessment model that is currently being used by with the kind of outcomes that they believe that they about 29 forces across England and Wales, and we want. Clearly, it is one of the key strategic aims of are trying to make that the basis for risk assessment ACPO’s work to find ways of developing trust and across, certainly, England and Wales. That model is confidence. The key way that we do that goes back constantly updated and has been recently updated to my first answer, which is that every single one of by Laura Richards to include specifically the our people gets it absolutely right every time they appropriate questions and the appropriate factors to come into contact with a victim. take into account honour-based violence. Now, there is still, inevitably, debate about whether we have got that right, but it is an explicit aim of the Q139 Mrs Dean: How are you working, or how are the police, in general, working, with communities to work to develop that risk assessment model, to make overcome the under-reporting? sure that it caters for victims of honour-based Commander Allen: I think it is fair to say that since violence. The other piece of work that goes alongside about 2003, with some work that was led by that, of course, is not just police forces not using the same risk assessment model but, perhaps more Commander Andy Baker and DAC Carol Howlett, V for the first time, I think, a range of agencies and crucially, the range of di erent agencies involved in community groups, voluntary sector groups, were public protection arrangements not each choosing pulled together in order to start to understand the the same risk assessment model themselves. So the issue and work together. It is a field populated by work that is being done and supported through deeply passionate and committed people with very ACPO is around trying to make sure that a strong views, so those relationships are always consistent risk assessment model, as in the Marac dynamic and productive, but I think we are now in model, is available to all agencies, which a place where we have productive relationships with encompasses the particular dynamics of honour- a range of community organisations. I hope that based violence. they would say that we listen and respond to the issues they raise with us. However, I do think, in Q141 Mrs Dean: Lastly from me, the Metropolitan terms of the Committee’s considerations, one of the Police are undertaking a review of, I think, 109 cases things that is on my shopping list around the role of of murder, suicide and missing persons over a ten- government, is that I firmly believe that the year period across the country. Could you tell us Government needs to develop a clear and what progress has been made in that review, and are comprehensive cross-sector communications there staYng issues? Have you got enough staV strategy, an engagement strategy. To tie that in, in running that review? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 23

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal

Commander Allen: It sounds from your question as validly earlier on that the moment they engage the though you are well-informed about the person who authorities, as such, their risk is escalated began that review, Laura Richards, who is substantially, which is where it varies from your responsible for much of building the evidence base standard domestic violence crime. Undoubtedly, over the last few years. Laura began that review two (and Shazia is, thankfully, not one of those) they will years ago and has since moved on from the Met and require support and, perhaps, protection for the rest now is working as a consultant to Brian Moore in of their lives. I am sure you will know this, Mrs the ACPO role. That piece of work continues but I Cryer, from examples in your constituency. That is think it would be fair to say (and I would not sit here something we have become aware of. There is also a as a spokesperson for the Met because I have my recognition that if you can get 22 actual ACPO hat on) that the way that that piece of work investigations in Cleveland in a month, for example, has evolved is that, rather than producing a single then, perhaps, there is more work to be done locally document that will identify particular lessons, it has with the communities, because that is one means by become more of a process by which the murder which you can do that. I listened to what review process feeds into lessons learned. The other Commander Allen was saying about the community aspect of it is the cold case review and the way in response: you get two responses, one of which is a which cold cases get brought forward for re- very positive one, where young people get together investigation. I can say with certainty that the Met and talk about how horrible this is, and what we can has a process, which is wider than just honour-based do about it and what they should do about it. Then violence, which is specifically about how do we bring you get the response (I will give you two examples) forward appropriate cold cases based on additional from a faith leader whom I asked to talk about this evidence and based on the requirement to resubmit during a ceremony, telling me: “I have to deal with forensic samples, given new technology. Those cases my congregation every day; you only come here once will form very much part of that process. The issue a year”—so immediately saying he was not going to in terms of staYng, of course, is that cold case talk about it because he thinks he would lose his investigations tend to be done when the capacity is congregation. The second example is of a women’s there and not being used on current cases. So, of group, which wanted to set up a memorial tree for course, there are resource issues—you would be each victim of honour killings over the last few years, astonished if I sat here and said the British Police hearing from within the community that somebody Service has no resource issues that we want would chop them down. When you have that kind government to address—and there are competing that obstacle to face is it no wonder that victims or priorities, but the work goes on. witnesses are reluctant to come forward? However, working together, all of us together, I think we are able to give them more confidence to deal with these Q142 Mrs Dean: How many of the 109 have been investigated? cases better than we have ever done before. Commander Allen: Would it be helpful to let you know on paper? Q144 Martin Salter: Thank you. I note (and this is Chairman: That would be very helpful. really a question across to Margaret who is leading on this) that our inquiry is going to run well into March on this subject, and your pilot ends in March A couple of quick questions to Q143 Martin Salter: as well. Mr Afzal. I note that the CPS has brought in Mr Afzal: We will do our very best, Mr Salter. enhanced electronic monitoring since April 2007, flagging up cases, and, also, that we have these four pilots on forced marriage and honour-based Q145 Martin Salter: What I am asking is would you violence in, I think, Lancashire, London, West be prepared to share some further conclusions with Midlands and West Yorkshire. Mr Afzal, how many us as our inquiry comes to fruition at the end of your cases has this process flagged up, just so that we can pilot scheme? get an idea? Secondly, I know you have not finished Mr Afzal: Absolutely. the pilots yet, but what are the kind of emerging lessons, if any, you would like to share with us? Q146 Martin Salter: One last question: there is a Mr Afzal: Thank you. In terms of quantity, I think suggestion rattling around from ACPO that where it is impossible to say right now, largely because we the exacting standards for criminal proof in an have given an undertaking that we will not talk honour-based killing or honour-based violence case about it until we finish the pilot in March. cannot be met, there may be some scope of going Nonetheless, I think the point being made about down the civil route. Does the CPS have a view? under-reporting and under-investigation and, Mr Afzal: We are having very early discussions subsequently, under-prosecuting will be borne out about that. There are some legal obstacles, the first by the pilot in that respect. In terms of the emerging of which is that we do not actually own our findings, we have recognised that there is a statements; a victim makes a statement for the reluctance (we know already) by victims to come purpose of criminal proceedings and we are not at forward. What can we do to make it easier for them? liberty to simply hand it over to a civil lawyer, for We have identified certain things that we can do; not example. There are some legal obstacles that we have just the simple, special measures and those kinds of to overcome, but we are certainly in discussions with things that you have already heard about, but what ACPO about whether that could be done. else we can do. I think Shazia made the point very Martin Salter: Thank you. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 24 Home Affairs Committee: Evidence

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal

Q147 Mr Streeter: Mr Afzal, do you think that into activity around forced marriage and honour- forced marriages should be a criminal oVence— based violence. So a mixed picture. Yes, of course, forcing someone into marriage? we welcome it and we look forward to the next Mr Afzal: There was a very, very detailed iteration. consultation, as you know, Mr Streeter, a couple of Chairman: Thank you. Finally, Margaret Moran years ago, and two-thirds of the people consulted— has questions to both of you. lots of people who are in this room who work in this field more than I ever do—said that it would actually drive it underground; that people would be reluctant Q150 Margaret Moran: We have heard from various to come forward. As I said at the outset, I have every evidence that many of the victims and survivors of (I oVence available to me to be able to prosecute these am not going to call it “honour-based”) forced types of crime, so simply having a forced marriage marriage and the consequences fall outside the remit one would not make it any easier for me. of a lot of the policies on domestic violence and fall outside of the specialist domestic violence courts, for example, because they are under the age of 18. What Q148 Mr Streeter: Thank you very much. Has the can we do to try and address that? 2004 Act, the new crime about people being aware Mr Afzal: Our old domestic violence definition, and not telling, helped you in prosecutions? which is still in being, talks about “irrespective of Mr Afzal: Right this minute—I am not able to age”—victims and perpetrators. So we do not take discuss it—there is a very, very important case an issue. Obviously, if they are under 18 we will deal taking place in West Yorkshire around this subject with them as a child protection issue through the itself. Yes, it does, because I think a lot of people child protection processes. I am not overly have said: “I couldn’t do anything about it”, but if concerned about the age aspect. We have enough we can now demonstrate that you could have done awareness, education and knowledge within our somebody about it and protected somebody and you organisation—and I am sure the police have—to be did not, you, yourself, can be guilty of an oVence. able to tackle them regardless of their age. That, I think, is a very strong tool for us. Commander Allen: Our approach has been to try and balance the interesting relationship between Q149 Mr Streeter: Finally, from me, are you happy domestic abuse, in its most general form, and the with the new powers that you have been given in the particularities around forced marriage and honour- 2007 Act? It is very early days but do you think they based violence. We are of the view that there is some are going to make a diVerence to your work? value still for the police service in identifying a Commander Allen: I think it is a mixed picture, sir. specific definition, separate from the domestic abuse More tools with which to protect victims is a good definition, which will be part of the new strategy. A thing. I think the most powerful thing, in terms of huge amount of consultation; it is very diYcult to get the response of agencies, is that it puts the guidance consensus on it but we are going ahead with a single on a statutory footing. That cannot come quick definition which we hope will address some of the enough, in my view, and I hope that government is issues around data collection, in particular, around relentless in making sure that that proceeds. At the the country. moment the proposal is a pilot later in the year; I am Mr Afzal: Going back to the other point you made not sure whether we need a pilot or whether we just about how it squares with domestic violence more need to get on with it, but I think that will mark the generally, we keep it within our domestic violence step change, particularly in some forces which may strategy but it will obviously be encompassed by our be not quite as advanced as others, in terms of violence against women strategy, although there are sorting their act out. I think, powerfully, because it male victims, which I think you are aware of—15% sends a very clear message. So, yes, huge supporters. of all the forced marriage cases dealt with. I have A couple of options, I think are missed, in the piece seen an assessment being carried out in your of legislation (and you may think I am chancing my constituency, Ms Moran, and I know that this is an arm): a statutory duty to share information, which I issue that people do not want to talk about, for know Brian Moore would have talked to you about, whatever reason, but it is alive. I have learnt, is a key step forward. If you think back to Shazia’s particularly, over the last two or three years how experience, if agencies were under a statutory duty to organised many of these things are. It is not a case of share particular information then that is a good one perpetrator on one victim, which we all tend to thing. I am not sure how this legislation would have think of as domestic violence, but very many cases— done this but, once again, we have another piece of very many cases—are all organised; half-a-dozen legislation in relation to these types of issues that people. The Banaz Mahmoud case which Mr does not begin to touch on people with no recourse Winnick mentioned—six or eight people were to public funds. I also thought there was an involved, potentially, in that kind of scenario. That opportunity, maybe, to mandate into the kind of organisation requires an organised response, performance frameworks that operate across crime requires multi-agency responses and requires us to and disorder organisations, in particular in relation be aware that it is very easy for us to go after the man to Local Area Agreements, which we are all busy with the bloodied knife but what about the people negotiating at the moment, some element of that behind the man with the bloodied knife? We have mandatory performance framework that pushed us made it very clear that we will go after everybody Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 25

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal that is potentially responsible for a particular crime, outside the criteria. One of the pieces of work that we because ultimately you are all as guilty as the person have already begun that, again, is a key part of the with the knife. new strategy is trying to get a much more structured approach to an equivalent to the witness protection programme that can be accessed specifically by Q151 Margaret Moran: Just following that point, victims of this type of crime. We have (again, I will how much research has been done? As you rightly make sure it is included in the schedule of say, this is highly organised, often based on plans documents) published, in ACPO, in the summer of and very extended families. I have actually got in the last year, what we call a “menu of tactical middle of some of this at various points in Luton. In intervention” for oYcers dealing with these cases, Luton we have done some research, which Dr Nasir which sets out the whole range of diVerent options Karnum has done for quality networks and the available that will include things like covert response from the community itself is that there intelligence-gathering, that will include things like should be a mediation process, which most of us the measures we need to take to protect people— agree is extremely dangerous. Can you clarify how to put together a safety plan. That guidance is whether there is any work around that clan-based very detailed. I will make sure it is available to you, organisation and how we can ensure that the you can have a look at it and if you have any further perception that mediation is going to solve a questions we can come back to it. problem is overcome? Mr Afzal: On that latter point, thankfully, I do not Q153 Chairman: That would be very helpful. get involved in relation to investigations, but those Commander Allen: May I make one more point on people who do, and you know them better than I, that, which I think is an important one, which is to will tell you that mediation is the last thing you highlight the extent, in that initial response, to which should consider because there are often families who the statutory agencies absolutely depend on the will say anything they like in order to get the contribution of the voluntary sector. The individual back to enable them to harm them importance of organisations like Karma Nirvana, to further. So I think that is absolutely true. In terms of us, in identifying for us what is really happening in a research more generally, there is a great deal of case and, overcoming, sometimes, those issues about research that I am aware of it, because I contribute awareness and knowledge cannot be understated. I to it and I am sure Commander Allen does too, and am not here to advocate on their behalf, simply to others do as well, on very, very general issues, some point out the importance of what they do and the of which highlight the organised nature of this level of resources on which they do what we require crime—some of it highlighting the international of them. I think there are some real challenges about nature of it. In fact, you can probably involve more the whole funding regime that operates around the than one jurisdiction in many of these criminal voluntary sector in an absolutely critical piece of oVences. However, I do not think there is anything work that does save people’s lives. specific on this sort of clan-based issue that you have highlighted. Perhaps there is a need for that. Q154 Margaret Moran: When you are coming back to us on the guidance and, indeed, the action plan that you referred to, could you tell us the timetable Q152 Margaret Moran: Mr Chairman, there seems to be quite a lot of issues around guidance and for implementation and, also, what monitoring is reports out there, which seem to be coming to a point being put in place for that? You do not need to of conclusion. Could we, perhaps, have a round-up answer that now, but if you could write to us. of what those reports are so that we can ensure that Commander Allen: Except to say I do not want to leave you with the impression that we have lots of we have all the best information that is available? V That is just a point. Largely to Steve Allen, if I may: stu that we have not put out there and are not operating. All the stuV I have talked about, with the obviously, the point has been very ably made here exception of the new ACPO strategy, is out there as today that the level of risk is extraordinarily high at a resource for the police service and is in use already. the point at which survivors reach the criminal justice system. Are there any special measures which should be put in place over and above what is Q155 Margaret Moran: Perhaps we could have a currently there? Should you be looking at things like little note on that. Could I ask one final question of covert intelligence and witness protection schemes in Mr Afzal? Just a congratulation to the CPS because order to enhance the protection? I understood you took a case on, if you like, forced Commander Allen: One of the features of this work suicide. We have heard evidence from a survivor of that our research tells us is that, by a small amount, forced marriage that she just feels that she is going the majority of reports to front counters of police to be forced into suicide because of this ongoing stations are from someone who is in fear of situation. That case was not successful, but well becoming a victim. Of course, that, for us, is not in done for trying. What more can you do to try and the mainstream of our work; most of work is where draw attention and have an impact on that? people have become a victim. So in terms of Mr Afzal: Absolutely. That was my case—R v D. (?) accessing things like witness protection programmes It has established the principle now in British law and things like that—no crime, no witness, therefore that you can be guilty of driving someone to commit Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 26 Home Affairs Committee: Evidence

29 January 2008 Ms Shazia Qayum, Commander Steve Allen and Mr Nazir Afzal suicide. That in itself is a wonderful principle to Q156 David Davies: A very simple, yes or no, have. What we have done since that time is shared question to all three of you, perhaps starting with Ms some thinking around that with coroners around the Qayum. Is there an argument that we should be country through the Secretary of the Coroners’ examining raising the legal age of marriage in this Society. So there is greater awareness now. country from 16 to 18? Undoubtedly, they will identify, first, the kind of Ms Qayum: I think so, definitely. cases that need, perhaps, further investigation and, Mr Afzal: Personally, a number of cases that we deal ultimately, need prosecution. We are learning from with involve 16 or 17-year-olds. Yes. what we did not do right in relation to that particular Commander Allen: Yes. case, given the fact that it was the first of its kind, but Chairman: Commander Allen, Mr Afzal and Ms you can rest assured it will not be the last. Qayum, again, thank you very much for giving Margaret Moran: Thank you very much. evidence to us today. You did promise us some Chairman: Thank you, Ms Moran. Mr Davies has evidence in writing, and we would be most grateful one, very final, question. if this could be sent as soon as possible. Thank you. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 27

Tuesday 19 February 2008

Members present

Keith Vaz, in the Chair

Mr James Clappison Gwyn Prosser Mrs Ann Cryer Bob Russell David T C Davies Martin Salter Mrs Janet Dean Mr Gary Streeter Patrick Mercer Mr David Winnick Margaret Moran

Witnesses: Ms Nicola Harwin, Chief Executive, Women’s Aid; Ms Sandra Horley, Chief Executive, Refuge; and Ms Jasvinder Sanghera, Director, Karma Nirvana, gave evidence.

Chairman: Can I refer all those present to the no doubt be aware that there is a general problem of Register of Members’ Interests where members of accessing social housing across the country, this Committee have declared their relevant although the situation does seem to be most chronic interests. Can I welcome Jasvinder Sanghera, in London where there is little social housing Sandra Horley and Nicola Harwin to this session on available. In some London boroughs we are seeing the domestic violence and forced marriages inquiry the available stock go down year after year. The that the Home AVairs Select Committee is local authority in Hounslow has only 72 properties conducting. Margaret Moran? available for homelessness applications, so when women do get accepted as being homeless and in Q157 Margaret Moran: Welcome, and a question priority need for housing, it is often the case that primarily to Sandra but Nicola may want to chip in, they have to wait a long time for suitable housing to in relation to housing. Having endured long hours become available, sometimes several years, and this on the Housing and Regeneration Bill, we have been is blocking up refuge bed spaces. discussing the issues around the availability of safe, aVordable housing for survivors of domestic Q158 Chairman: Thank you. We do need to be much violence and the issues around the private rented briefer in our answers. We have 21 questions to all sector, and we talk a great deal about the sanctuary our witnesses and we have to finish at 11.15, I am Scheme. Can you say a bit about how eVective that so sorry. is and what other measures you think should be Ms Horley: Do you want me to address the point of taken to ensure that survivors of domestic violence Sanctuary schemes? do have the option to remain in their home if they choose to do so or have other safe alternatives? Q159 Margaret Moran: I am going to ask another Ms Horley: Thank you Margaret, multiple question so you may be able to slip it in there, if that questions, and I will try to take each one of those in helps, and perhaps Nicola would like to add turn. The key points I want to make are, firstly, there something as well. We have heard a great deal also is not enough social housing, and as a consequence about some local authorities defining survivors of of that refuge bed spaces become blocked with domestic violence who leave their homes as women and children having to stay for longer intentionally homeless, and in the context periods of time in refuges. This puts additional particularly of Sanctuary schemes, that is being pressure on the refuge sector which, as many of you oVered as the option rather than one of a range of will not be surprised to learn, is overstretched and safe options. Could you perhaps finish your answer under-resourced, and we are full to overflowing. In and incorporate that? fact, nearly one-third of local authorities still do not Ms Horley: I am afraid that local authorities have a provide domestic violence services despite the 1992 huge problem, but they are safeguarding their stock Select Committee which said—and I quote—“The and they are discouraging women from making first priority for government action on domestic applications. Sanctuary schemes—and I do not violence should be the establishment of a central, co- mean to be cynical—can work as part of a wider ordinated policy for refuge provision throughout the package of services but they are often used by local country. We believe that this could be the greatest authorities to stop giving women the right of choice cost-saving measure that could be taken”. The of alternative housing. The problem with Sanctuary greatest cost-saving measure. This was the 1992 schemes is that women have to go to work, they have Select Committee. An additional pressure is that to go to the shops and they have to take their Refuge is also housing women with no recourse to children to school, so it is not necessarily safe for public funds who have no access to social housing at them. I am afraid that all too often local authorities all. Refuge is currently housing 22 women and it is are using this as a way of not oVering alternative costing us £200,000 each year, and we cannot sustain accommodation. this level of funding. This is, I am afraid, just the tip Ms Harwin: Can I add to that and say I think the of the iceberg. It is also very diYcult for single intention of the Sanctuary schemes and the guidance women to access social housing. The Committee will that attaches to them is the assumption that there is Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 28 Home Affairs Committee: Evidence

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera also the provision of outreach support, floating commissioning framework for Supporting People support or some kind of support throughout funding means that specialist services are under outreach from local domestic violence services, and threat. Is that correct? very often that is not in place, that is not provided. Ms Harwin: I think it is correct, yes, actually. It has We have had anecdotal evidence from one of our been the core stream of funding for refuges and trustees in the South West where when the Sanctuary outreach or floating support for a number of years. schemes were brought in, the local authority said, It was welcomed by the sector when it was “We have got a supply of locks and various things in introduced because it enabled, with the quality a cupboard somewhere and that will do.” Honestly, framework that it brought in, many services to bring that was literally what someone said. Obviously they themselves up to standard. Nationally we have were enlightened by the local service provider. I provided model policies and procedures so basically think it is a real problem. No form of provision is a lot of services have been awarded “excellent”, As going to work unless the appropriate support to the and Bs in the assessment. What is happening now is person’s need in that situation is provided. Can I just with the way that it is being rolled out, a lot of the add on “no recourse”—just another point to make local authorities are opening up this to tender, they is— are looking to commission one provider to provide all services. The worrying thing is that they are already suggesting that one size fits all and you can Q160 Margaret Moran: I think we are going to come on to no recourse. One quick question, there was a provide mixed services for men and women, that definition by what was then the ODPM of what the there is no need to retain specialist services for black number of refuge places per population should be, and minority ethnic women, which is a big issue. Our which is very old. concern about where it might go in the future is that Ms Horley: One per 10,000. we might even see suggestions that providers could provide for a whole range of client needs, not just domestic violence, and we would lose the specialist Q161 Margaret Moran: How far have we reached expertise. that and is it currently appropriate? Ms Horley: We have about one-third of the refuge V provision recommended by the 1975 Home AVairs Q166 Bob Russell: So what started o initially as a Select Committee. good idea, the unintended consequences are as you Ms Harwin: In Wales they have actually met the have spelt out there very graphically, and thank you target of one per 10,000 but in England we have not. for that. My second brief question, leading on from that very illuminating answer, is how could funding for specialist provision (especially within the Q162 Mr Streeter: Just give me a feel for the scale of voluntary sector) be protected when, as you have this. How many women today as we sit here are in indicated, services are being mainstreamed into the some kind of refuge accommodation in the UK? statutory sector? Ms Horley: Refuge helps 900 women and children Ms Harwin: There are a number of threads to this every day and I believe Women’s Aid have done a and the other strategic framework issue that you national survey. have to look at is at present there is Supporting Ms Harwin: Last year there were 17,406 women and People but the intention is that Supporting People 25,384 children staying in refuge accommodation. will be merged into local area agreements. Within that, local area agreements are working to the 198 Q163 Mr Streeter: At any one time? national indicators the Government has developed. Ms Harwin: I think it is something like 7,000, but There is not a specific one on domestic violence obviously over the course of a year, if you look at not service provision, unlike sexual violence service just refuge accommodation but all the other forms of provision. There is only one on repeat victimisation support that are oVered—outreach support, floating and homicides. The problem there is if there is not an support, resettlement support—something like indicator which spells out the range of services that 320,000 women and their children are helped by need to be provided, and if local authorities are local domestic violence services in England every going to be commissioning services, it is quite likely year. that that money, no longer ring-fenced, will be Ms Horley: Do I have time to make a small point diverted either into solely the provision of criminal about private housing? justice-based services (which will not serve three- quarters of survivors) or indeed might be diverted into local authorities’ statutory duties for the elderly Q164 Chairman: If it is quick! and for disabled people, so it is not just a problem Ms Horley: Local authorities are increasingly with Supporting People now; it is the fact that there referring women to private accommodation. The is no national guidance, no national framework trouble with that is that some of our residents have which is going to safeguard the commissioning of been asked for a six-month deposit despite the fact services at local level at this point in time, and that that they are on welfare benefits. is extremely worrying. Ms Horley: Can I pick up very quickly on a point Q165 Bob Russell: I would like to ask Nicola Harwin that Nicola has made about Supporting People. We a couple of brief questions about Supporting People are now going to be moving over to local authority funding. It has been argued to us that the new agreements and Refuge, which is the largest single Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 29

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera provider of refuge services, had to spend one quarter Q170 Chairman: We will be coming to education of a million pounds developing the infrastructure to awareness slightly later. Is there anything else apart be able to introduce Supporting People into the from education? organisation. We now have another regime, LAAs. Ms Sanghera: In awareness raising no, we will leave I have been doing this job for a long time and each it there for now. time there is a change in funding regime it costs the sector. We do not have the infrastructure to deal Q171 Mrs Dean: You advocate that the most with these funding changes that I would be arguing vulnerable time for forced marriage victims is after for—more infrastructure, more funding to they have left the abusive situation. What post-crisis strengthen the domestic violence sector. support do victims of forced marriage need and who Ms Harwin: Can I add that there are already is best to deliver it and what can government do to examples in some areas where local authorities have help? commissioned generic providers with absolutely no Ms Sanghera: When a victim leaves a situation of a track record in the field instead of local services that forced marriage, there are many perpetrators have been providing services for 30 years with the involved and the perpetrators, we know historically, specialist trained staV, so it is very worrying what is will employ a range of tactics to track them down. happening. These can be extended family members and immediate family members so the risk increases, it doubles. What we know at that point is they may go Q167 Bob Russell: I thank both of you for that. It into refuge provision, but when they leave refuge may well be that this Committee might want to provision at that point the risk has got to be assessed suggest that the Communities and Local to the degree where people take into consideration Government Select Committee look at the whole the fact that family members might try to track them concept of Supporting People funding. down. For me when the Government’s Forced Ms Harwin: We would be very grateful for that. Marriage Unit repatriates victims back into this Chairman: That is a very good suggestion, Mr country, the support is for them to go into refuge Russell, will we will do that. Janet Dean? provision. That is if they are not a minor. Who is doing the risk assessments intensely to ensure that Q168 Mrs Dean: Could I direct my questions to when they leave that refuge provision the risk Jasvinder. Could you tell us in your view who the assessment is done to give them a high level of majority of forced marriage victims first contact for protection and that somebody is supporting them? help? How could we make those points of contact For me the best level of support is for them to tap more aware of the issues and better able to help into an organisation that has the empathy and the the victims? understanding to support the survivors and the Ms Sanghera: One of the biggest challenges for victims. It has to be a joint partnership relationship forced marriage victims and victims of honour- with the police and the refuge provider and when based crimes for us as an organisation at Karma they leave and go into resettlement accommodation Nirvana is reducing the isolation of victims. They the relationship has to be maintained with a are not aware of any help or any services out there community-based project and the Police Service. that are applicable to them. One of the first people Ms Horley: Can I just pick up very quickly on a point, whilst forced marriages are going up the they normally go to is a concerned friend maybe, political agenda—quite rightly—what the they confide in a friend, or they may tell a teacher. Committee needs to know is that services for black From that if somebody has referred them on to an and minority ethnic women are being reduced as we agency, then they may come via us but through the speak. It is ironic. friend or an agency. The police are normally the last resort, that is what we find, but very often it is that confidante, that person they will come to. At Karma Q172 Chairman: The Committee did go and visit the Nirvana I would say about 42% of our referrals are Southall Black Sisters very recently where we were self-referrals, so it is word of mouth, they have heard told that they faced closure as a result of the cuts that about help, they have seen something in the news or were being imposed. the media, they have seen the helpline number and Ms Horley: They are one of many organisations. they have responded to that. Chairman: Thank you for raising that. Ann Cryer?

Q173 Mrs Cryer: Nicola, and I think Jasvinder will Q169 Mrs Dean: How do we make those with whom probably want to come in because it is about they do come into contact more aware of how they schools, your report has mentioned—and I think can help the victims? this is amazing—that 45% of teenagers believe that Ms Sanghera: For us one of the biggest challenges, in some circumstances it is acceptable for a boy to as I said earlier, in reducing the isolation of the assault his girlfriend. However while local victim is going to be for them to know about help. authorities are required to promote a domestic The help they hear about is through radio, the press violence education pack, schools are not required to or a media campaign of some sort. The schools have use that pack, which seems a bit ludicrous. So what got to be key to this. As far as we are concerned, it in your opinion are the specific barriers to providing has got to be compulsory in terms of getting the information to students about domestic and posters up in schools. honour-based violence? How can educational needs Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 30 Home Affairs Committee: Evidence

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera issues be guaranteed in schools within the school able to measure, you are not going to be able to curriculum? What about eVective training for monitor, and for organisations like ourselves who teachers? Should there be a designated member of do you contact? You need to know if you want to staV for domestic violence and honour-based work supportively with schools, as many local crimes? domestic violence services do, you need to have a Ms Harwin: I am afraid since we wrote our evidence designated person. and sent it to you the situation in relation to the provision of education in schools is about to worsen Q175 Chairman: Ms Harwin, I think Ms Horley rather than get better because that requirement on wishes to make a quick comment here. local authorities was a requirement under best value Ms Horley: Just a couple of additional points. First performance indicator 225, which has now gone, of all, I am Canadian and I happen to know that and we are now with the national indicators I talked shelter workers in Canada are trained to go into the about earlier, of which there is only one in relation schools, that is one point picking up on Nicola’s. to repeat victimisation, so there are no government About additional barriers, they also come from indicators for which local authorities have to report outside the school. For example, Refuge is aware that have any requirement to do anything in relation that the Committee has already heard that the to public awareness, education, the provision of Government’s Forced Marriage Unit has information or anything else of that nature in experienced diYculty advertising advice and relation to domestic abuse or honour-based crime, support for young people into local schools for fear so the framework, if you like, has just got worse from of upsetting local opinion. You might also be that perspective. The actual barriers to the issue are interested to know that Refuge (as well as research that teachers themselves feel unable to address the by Womankind) has identified a number of barriers issue. They do not feel they have enough to teaching domestic violence in schools, so you may information. We are in the process of producing an want to look at their report. educational toolkit for use in schools by teachers, Chairman: That is very helpful. Martin Salter? and through that Women’s Aid has carried out Martin Salter: Exactly on that point, to Jasvinder, research with teachers, and a lot of it is they are first of all can I say thank you very much for the copy worried that they do not have enough understanding of your book you circulated. or knowledge. The curriculum is already extremely crowded, particularly the PHSE curriculum. The I did not receive my copy. lessons are not mandatory, they cover a huge range Q176 Chairman: Ms Sanghera: It is in my bag! of subjects, and that is the area in which, if you are talking about in schools, that information would be delivered. There is no requirement to tackle it. I do Q177 Martin Salter: You get a personal one, think there are a number of ways that we need to Chairman, so do not get bitter! It will be well read I move forward. We need to make sure that teachers can assure you of that. Secondly, just to say I have do have adequate training and support to deal with given you a copy of the letter that I wrote to Ed Balls the issue, to stop the subject matter being glossed and circulated to the Committee on the issue that we over. They need the tools to do that and in fact there raised following our last session, to which we are still is a lot of work being done on developing tools. That awaiting a reply from the DfES. I understand there is not so much the problem. It is actually the will was a lot of pressure put on Derby Education inside schools to deliver it and creating time for Authority. Have Derby seen sense and are they teachers. They feel that it is a Pandora’s Box and if being a little more co-operative in terms of getting they raise the issue, they do not know how they will the Forced Marriage Unit’s advice and support deal with what comes back. Schools need to adopt a material into the schools now? whole school approach, they need to link it in with Ms Sanghera: In all honesty, Derby have not child protection, in with bullying, in with conflict responded to me at all. One of the points I would like resolution along with equality issues. This has been to mention in relation to Derby is there has been lot done very successfully in places like Canada, of denial, and I would like to make the point that I locating domestic violence and other forms of abuse presented this issue at a Council cabinet meeting to within a whole school approach to a whole range of Derby City Council in November. I held the poster issues, and I think that is what we need to see in this up and I made it quite clear this is the poster that is country. There does need to be some top-down from being prevented from going into schools, and I was government, a framework within which schools can ridiculed by some of the Council members there. It work, because there is not anything at the moment. was a public meeting with members present there and I was told that I was not liked in Derby for advocating this issue and I was also told quite Q174 Mrs Dean: In Canada do they have a categorically, “Jasvinder, what is it you want us to designated teacher in each school? do? Do you want us to go into schools and pat every Ms Harwin: It varies. In this country we already Asian child on the back and say ‘Are you being have teachers in schools who are responsible for forced into a marriage?’” I made it quite clear that child protection so it could be there, or it could be just as I did not expect them to tap children on the the PHSE co-ordinator themselves. Most schools back and ask them if they are being abused or if they will have a PHSE co-ordinator. I think it needs to be are taking drugs, I expected them to deal with this as a designated person. Until you have somewhere a social responsibility issue. Sadly, we have not had where the buck stops, then you are not going to be a response from Derby. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 31

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera

Q178 Martin Salter: I understand that both you see that one particular group is more adverse to Margaret Beckett and Bob Laxton, the local MPs, what you are doing than others? Is it Asian are completely supportive of the campaign you are councillors who a resistant, white councillors or a running, so I am really pleased mixture of both? Ms Sanghera: I went to see him. Ms Sanghera: The councillors who made the comments were Asian councillors. The councillor Q179 Martin Salter: Please keep us informed. We do who stood as the representative in response to Derby not have a particular grudge against Derby but, being almost put under the spotlight stated that sadly, it is becoming a test case on this issue to some some schools did say they were not willing to put the extent. A last question, Chairman, you mentioned in poster up but it was the school governors, and their your very helpful evidence, Jasvinder, that you were reasoning was that it would prejudice children and looking to the DfES to produce proper guidance, it is sensitive. I do not understand what is meant by because Nicola’s point was about performance “prejudice” or “sensitivity” because that is part of indicators, and that is only one measure of what the the problem here. DfES can do, but written DfES guidance to schools is clearly what you are aiming at. Where are the Q182 David Davies: Is it happening elsewhere as well blockages in that and what are you hoping to see in as Derby? that guidance, because what worries some of us is Ms Sanghera: Yes. Can I just say it is not just a that schools are reluctant to report kids who go question for Asian councillors. What I would expect missing from their school rolls because it aVects their from people in accountable roles, even the non- truancy figures and that aVects their Ofsted report, Asian councillors, is for them take a stand and to so you end up with a perverse indicator. I would be show some leadership on these issues. interested in your views on those three points. Ms Sanghera: First of all, the Government’s Forced Q183 Chairman: Of course Mr Salter has raised this, Marriage Unit guidance on how to handle cases of as he said, with the Education Secretary and the forces marriages for all secondary schools is a very Prime Minister but I have not seen a copy of this good tool. Can I just say that guidance is excellent. poster. I wonder whether it would be possible for The problem is the guidance is not being you to send some copies of these posters to the implemented. The implementation of it needs to be Committee so we can see what is so controversial monitored. Teachers need to be trained in the about them. guidance; they need to have the confidence to look Ms Sanghera: By all means. for the signs and symptoms and also to act and know Martin Salter: Just on that point, the other thing that who to respond to and how to signpost. People exist I think would be useful for the Committee, you do in schools like child protection people. We have a not need to send it to us but if we could have the whole host of people that exist. Whether they are Forced Marriage Unit’s teachers’ toolkit that would dealing with forced marriage as a child protection be very useful for us to see. issue is another matter, unfortunately for us. I feel that when children go missing oV school rolls—and Q184 Chairman: Did you have something else to say, we have certainly raised this where we have had Ms Sanghera? V concerns around five children that went missing o Ms Sanghera: I just wanted to mention the issue schools rolls—the problem is that nobody is actually around home schooling as well. I feel home following that up. We are finding examples across schooling needs to be checked to ensure that it is V England and Wales where children have gone o meeting the national standards. rolls and people have just allowed them to go oV rolls without tracking where they are, there is not the Just going back slightly, you follow-up. What we would like to see is educational Q185 Margaret Moran: raised the issue about the reduction in services for welfare oYcers having a right of entry to go and ask black and minority ethnic women. Maybe you want the question: “Where is this person?” People exist to clarify that slightly, but we have also heard that but whether they are carrying out those duties and there can be issues around drug and alcohol abuse, following them up is another question. If a child goes both in relation to perpetrators of domestic violence, missing oV a school register and is in another school and survivors. Sandra, perhaps you could tell us is somebody following that up and finding out where what the level of provision is around some of that, they have gone? That is the problem. I have to say I and also perhaps to Nicola as well: we have also have seen diVerences when a white child goes missing heard that there are gaps in terms of the age limits, oV a school register and the enquiries made to when that lots of services are for 18-plus and there is an Asian child goes missing oV the school register nothing for 16 to 18-year-olds. and enquiries are not made in the same way. Ms Horley: Briefly, there is not enough refuge provision for these groups of women: black, Asian, Q180 Chairman: You mean the enquiries are more minority ethnic and refugee women; not enough intense? services for drug and alcohol users; and there is a Ms Sanghera: Yes, for a white child. problem around the 16 to 18-year-olds. We believe that the Government definition of domestic violence Q181 David Davies: Jasvinder, since you are bravely should be changed to include under 18s, raising quite sensitive issues here, can I ask you; as encompassing 16 to 18-year-olds who experience far as the councillors in Derby are concerned, can intimate partner violence and girls subjected to Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 32 Home Affairs Committee: Evidence

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera forced marriages. More primary prevention work court—and I was struck by the fact that almost every needs to be done in schools on these issues and sentence was a community sentence. There were no PSHE must become a mandatory part of the school prison sentences but instead community sentences curriculum. I do not know if there is anything you with IDAPS (and we will come on to IDAPS later). want to say. Can you tell us what you think is the most common Ms Harwin: I totally support all that. There need to sentencing and what is the profile of sentencing for be far more support and information services for 16 domestic violence and also maybe comment on the to 18-year-olds. Just as a point of information, last training for magistrates and judges? year there were 870 young women staying in refuge Ms Harwin: The most common sentences for accommodation who were fleeing forced marriages, perpetrators are bind overs and fines. In fact, while so there is quite a high proportion that are actually realistic sentencing is important, less than 30% of using refuge services. reported incidents of domestic violence even get to Ms Horley: Main Asian women will not access the criminal court and reported incidents are less mainstream or generic services and when they do than a quarter of all domestic violence. Within the their experience of racism, I am afraid, is not specialist courts and within the multi-agency risk uncommon. We have heard today about groups assessment and domestic violence having their funding cut, including Southall Black advocates and this whole framework for improving Sisters and other black and minority ethnic groups. the response to the criminal justice system that is put There is a chronic lack of funding for services, and in place, we are still talking about a relatively small whilst the forced marriage issue is going up the percentage of survivors and they are high-risk agenda ironically, as I said earlier, the services for survivors. One of the problems with the way that BME women are being reduced as we speak. cases are coming to court and being sentenced and Ms Harwin: I think the other thing that is important the outcomes at the present time is that three- to note is that in the distribution and range of quarters of the responses to the National Network of services there has been a wide range of services on Domestic Violence Services survey said that they domestic violence—and, as Sandra said earlier, a were unhappy with the attrition that was going on third of local authorities make no provision—across both in charging and in conviction, and they the country from outreach, resettlement, floating mentioned the fact that they felt women were often support, refuge provision to independent domestic putting themselves under enormous pressure to go violence advocates, et cetera, but what we are seeing through a trial, it was often taking a long time and is that there is often a reduction in outreach services then at the end of it they would get bind overs or fines which can particularly help women in the which would not really reflect to them the community who may not want to go into refuge seriousness. One of the problems is that charges are accommodation. Some of that is being changed into independent domestic violence advocates, which is often downgraded. One of our organisations told us great in terms of the fact that we do need to have they had a woman whose husband had attempted to these specialist advocates in relation to the criminal strangle her and in their view it should have been a justice system, but we are seeing a loss of more charge of attempted murder. The Crown generalist outreach domestic violence services which Prosecution Service initially charged with actual will have consequences for women who are low risk bodily harm. This was then downgraded to common and medium risk and who need that kind of support. assault because of evidential problems. At the end of Margaret Moran: I think it might be helpful for the that of course what he got was what she saw as a Committee if you could provide us with a note on the fairly negligible sentence which did not reflect at all outreach services because we have focused quite a bit the seriousness. Of course, that is just one incident, on the refuge provision itself but perhaps we are that does not reflect a whole range of behaviours and missing the fact that there is a wider support out fear and harm that she had been exposed to over the there and what is actually happening to that, so a course of a number of years, so I think that is one of note what is happening to specialist services and the problems. outreach would be very helpful if you can Chairman: Can I bring in Mr Davies here. encompass that. Q188 David Davies: You are obviously aware that Q186 Chairman: Would you provide us with that since the CPS have become responsible for charging information? rather than the police what you are saying is not Ms Horley: May I make a point about 16 to 18-year- specific to domestic violence, it is absolutely across olds or do you want to go on to another question. the board. I could show you any number of victims who will tell you exactly the same thing and Q187 Margaret Moran: In fact, could you desperately want the police to be back in charge of collaborate on that note to tell us because I was charging rather than the CPS. asking about outreach and the gaps that there are. Ms Harwin: I have to say I think there are some Could I go on to the domestic violence courts, diVerences. For example, I was presented before I primarily to Nicola: perhaps you could tell us about came into this hearing today with a cutting from the the progress in domestic violence courts/specialist Lincolnshire Echo from yesterday which showed that courts and their frequency around the country. I there were two cases of severe assault and harm attended what they call the domestic violence court where there had been community sentences and the in Luton recently—it is not actually a specialist same court has sentenced a man with mental health Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 33

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera problems to a 14-day custodial sentence for cruelty Q192 Chairman: 500 women a year commit suicide to a rat. I want to point out that you cannot just as a result? say— Ms Horley: Yes, two women a week die as a result of David Davies: But he will not actually do any time in domestic violence. jail because he will have 18 days oV and serve half.

Q193 Chairman: Do we have an ethnic profile of Q189 Chairman: Can we get back to the subject. how many of those 500 are Asian women? Ms Harwin: I think there is an issue about the Ms Sanghera: Part of the problem is that coroners seriousness of domestic violence in relation to other are not reporting it. I went to Leicester and I was violent crimes and other crimes. I think that you are speaking to people and the Head Coroner said to quite right, this is a serious problem. What we are me, “We see suicides which are quite questionable.” finding is that because the sentences are so low, then We need coroners to report them and to look for it means that women are seeing the men who assault signs and to look for symptoms. them again and again and again perhaps go to court, they may get bail, they may get a negligible sentence, Ms Horley: I was going to add to the point you were but they are not protected, and it is going on. That making. Much more needs to be done to investigate man had no access to and is not feeding into the suicide of domestic violence victims and develop programmes which might be the only route to more appropriate responses, including easy access to changing his attitude or ideas or behaviour. psychological services. In addition, there needs to be a clear criminal route to prosecute perpetrators who Chairman: Could you hang on one second, Ms Harwin. Margaret Moran will get us back on track. drive their victims to commit suicide and Refuge is involved in a campaign with Iain Duncan Smith for a change in legislation—liability for suicide. Q190 Margaret Moran: Again, it might be helpful if Ms Harwin: Can I add two final points on suicide. a note on sentencing could come forward because I think there are many more questions in there that we would have pursued had we more time. A couple of Q194 Margaret Moran: I am going to ask about quick questions to Jasvinder and Sandra intimidated witnesses so perhaps you can particularly. How widespread is suicide amongst incorporate what you were about to say in that. We domestic violence and forced marriage victims? We have heard variously that particularly domestic heard from the CPS that they try to pursue a case. violence victims and those survivors of forced Do you think there is more that could be done in that marriage should have automatic status as direction? intimidated witnesses. Could you just say something Ms Horley: Briefly, ten women a week commit about how the system is failing domestic violence suicide as a consequence of domestic violence. victims as witnesses. Domestic violence is the single most important cause Ms Horley: The use of special measures for victims of female suicidality, and Asian women are two to of domestic violence when giving evidence is not three times more likely to commit suicide. working consistently. Special measures provide support to victims and encourage them to engage Q191 Margaret Moran: That is pretty with the court process. Refuge recommends that all comprehensive. domestic violence victims should have automatic Ms Sanghera: I can tell you that the majority of the status as intimidated witnesses and that special young people that we see in the age group between measures available under this ruling should be made 16 to 24, who have issues pertaining to honour- without application. The use of special measures— based crimes or forced marriages, have tendencies screens, TV links, closed court—is still it not towards self-harming, very high rates of depression. working consistently. Independent domestic What we have to remember—and it is the same with violence advocacy services across the country, re-settlement if I just can bring that point in here— including Refuge’s own, are reporting that about these women is if they make a stand they do applications are not being made in the majority of not have families to turn to, they are completely cases. The reason why this is the case is because in isolated and totally aliened. That in itself can drive many courts there is no clear process through which them to suicide. I myself lost my sister to suicide. to apply for the special measures, ie how and by When she was suVering domestic violence she went whom, and this results in the CPS, the independent to the people who are meant to love you the most domestic violence advocates and other support who told her to go back and make the marriage work services, not getting the applications in on time. The for the sake of honour. I still feel in my heart of Home OYce review of the specialist domestic hearts that she was driven to commit suicide but we violence support programme has also demonstrated cannot hold people accountable for her death. What that access to special measures to support victims we have to consider—and you are absolutely right to and encourage them to engage with the court process raise the RvDcase—is that what it does not allow is one of the lowest performing areas. Given that us in law is for us to consider psychological harm, special measures have clear benefits to victims and psychiatric harm yes, but not the psychological, so can help result in fewer victim retractions or non- there is a need to consider psychological bodily attendance, Refuge is recommending that they harm. should have automatic status. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 34 Home Affairs Committee: Evidence

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera

Q195 Chairman: That is very helpful. What would did take place at the stage of low or medium risk. also be very helpful, I know you have a lot of What we do not want to see is the focus being all on information and I am sorry if I appear to be rude in developing responses to women who are higher risk pushing this forward— when other women are not getting the help and Ms Horley: We are very passionate as well. support which might prevent them getting to the Chairman: We do have other witness coming. What point of high risk. The Newham Asian Women’s you have said is very helpful and Mrs Moran’s Project for example has highlighted that middle and suggestion that you put what you have to say in a low risk cases do not qualify for a MARAC and that note would be extremely helpful. If we need to actually the early intervention, prevention and interview you again of course we will. Gwyn support work that they have been carrying out by Prosser? specialist agencies has been very, very successful.

Q196 Gwyn Prosser: Ms Harwin, I want to ask you I think you concur with most of about the multi-agency risk assessment conferences. Q198 Gwyn Prosser: what was said there. How can we deal with those We have heard mixed reviews about their victims who refuse, for whatever reason, to engage eVectiveness. Tell us about the pros and the cons; with the MARACs? Can they be helped to be drawn how they could do it better; should they be made into the system? statutory? Ms Harwin: Women’s Aid does support the multi- Ms Horley: Most women prefer to use the services of agency risk assessment conferences and they are an the voluntary sector and I would be urging the important tool and an important partner in Committee to fund domestic violence services developing a co-ordinated community risk through the voluntary sector rather than statutory approach to domestic violence in terms of helping services. Women are afraid their children are going share information and managing risk of harm, but to be taken into care and they are afraid to go to the we feel very strongly that they must not be the only police for help. They need to know that where they domestic initiative that is operating in a local are going people understand the problem they are authority area. Again, this is an area where we going through, that they will have confidential canvassed our members to get their personal support and about the MARACs, I want to echo experience of what was happening locally, and while Nicola’s point that we need to not just be addressing many of them felt that they were helpful in some the needs of high-risk victims because risk is so fluid, ways, they were concerned in a number of areas. it can escalate very quickly. What might seem low They were concerned that multi-agency risk risk today, tomorrow is very high risk. I had a case assessment conferences in most areas are not of a man brandishing a knife in his wife’s face which survivor-led. The victim is informed that a referral is was considered low risk. In my view, that is happening. In a sense, they are in direct conflict with attempted murder. the principle of empowerment which has always Ms Sanghera: I think MARACs are an ideal been part of the way that we have tried to support opportunity to risk-assess victims of forced abused women to get out of abusive situations and marriages and honour-based crimes; I really do. develop their own choices. In a way, one could say However, I do think there is some work to do around that they are already statutory in the sense that making MARACs accessible in terms of the information can be shared without consent already understanding around risk to victims of forced using legislation on child protection, legislation on marriages and honour-based crimes. I think that the protection of vulnerable adults and the crime could be a training issue with some joint working in prevention legislation. To some degree we are order for us to achieve that, and there may be an concerned that if survivors think they are statutory argument for some specialist IDVAs across regions and if they are acting in a completely statutory way, to deal with victims of forced marriages and honour- this will definitely discourage them from reporting based crimes, but I wholeheartedly do support the domestic violence to the police. I know we are short MARAC as a co-ordinated risk response to my of time but I could give you a case example where a victims, because at the present moment—I cannot very inappropriate referral to MARAC has reiterate this enough—when victims of forced happened in a way which is completely marriages and honour-based crimes leave, which we disempowering and completely inappropriate. I know can lead to murders and multiple rape, et could send that. cetera, the risk doubles. At the present moment when we refer to the police we are asking for a high Q197 Chairman: If you could send us that level of protection. The only high level of protection information. we get referred to is witness protection, but they fall Ms Harwin: The other issue is survivor at the first criteria because these are not witnesses confidentiality. At the moment the guidance giving evidence in court. However, they still need a recommends that up to 15 agencies attend a high level of protection. MARAC and all of these agencies have access to the Ms Harwin: Can I echo one thing that Sandra said full case file, so there is a huge issue about safety. about safety? One of the things that has to be taken into account is that at the moment MARACs are looking at women assessed as very high risk, and one of the things that Q199 Chairman: Could you send us a note about very often leads to success is because intervention that? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 35

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera

Ms Harwin: It is safety that is the priority, and that Ms Sanghera: I was at a meeting yesterday with the is often provided by the IDVA, by the independent Chief Constable of the Police Force to try and talk domestic violence service that is supporting the about forced marriages, and he said to me forced survivor. marriage is in our local area agreement in terms of Chairman: I am sorry to be unpopular, but we are tackling it. Great news. However, what engagement going to have to end the session unless we stick to the are you doing with the agencies who are dealing with questions because we have another two sets of this? I think there has to be a partnership working witnesses. Mr Streeter. You must be brief. I am with the voluntary sector as well as the statutory sorry, not you, Mr Streeter. sector in terms of local area agreements.

Because of the time, I would like Q200 Mr Streeter: No, but I will be! Nicola, are you Q202 David Davis: spotting a trend for family courts to grant more child to ask you all a very simple and straightforward question. Yes or no if you like: should forced contact to perpetrators of domestic violence, are you marriage be made a criminal oVence and, secondly, concerned about it and what is the solution? should we raise the age of marriage from 16, as it Ms Harwin: We are spotting a trend. I am sure that currently is, to 21? Sandra would agree with me here that there are more Ms Sanghera: I actually support raising the age of residence and contact orders being given to consent to 21. However, the caveat for me will be the perpetrators of domestic abuse. In our survey 66% of prevention and the intervention work with young our 500 services felt that family courts and people. If we are saying it is a breathing space, they CAFCASS were still not taking adequate account of need to know about the help that is available, so for safety when making child contact or residence me it is yes. orders. There is a slight improvement, but largely it is still a problem. We know that something like 70% of child contact cases in which CAFCASS intervene Q203 Mrs Cryer: The Forced Marriage Civil and have to write reports actually involve domestic Protection Act that went through Parliament last violence; yet we are still looking at less than 1% of July actually comes into force in September. Do you contact orders being refused. So we have still got an think it is going to have a positive impact on forced marriages, but what also do you think about having enormous discrepancy between the presence of V domestic violence and how much it is actually being some form of criminal o ence regarding forced recognised and dealt with in terms of contact and marriages as well? Would you just answer very residence. quickly? Ms Sanghera: In terms of the impact of the Forced Ms Horley: The Family Justice Council has Marriage Act, the only way it is going to have any recommended a cultural change away from “contact impact is (1) if victims are aware of it, (2) if the is always the appropriate way forward” to “contact judiciary is trained to understand it and (3) if, again, that is safe and positive for the child is the the voluntary sector are given the tools and the appropriate way forward” and Refuge believes that training to empower and support victims to apply it there should be a rebuttable presumption of no and use it. I would also ask the question of how we contact with the perpetrator in domestic violence are going to monitor it. In terms of a criminal cases, as in New Zealand. oVence, I think there is a need for a specific criminal oVence. In this country we have an oVence against A second question, diVerent littering in the streets and yet we do not have a forced Q201 Mr Streeter: V subject: local area agreements. We touched on that marriage criminal o ence, and I say that because earlier. They are obviously not working terribly well forced marriage leads to repeated rapes, et cetera, at the moment. How could they be improved to deal and horrific violence. Our victims, when we come across them, who have been forced into marriage with domestic violence targets? very often they say to us—. I have not met a victim Ms Harwin: As I said before, at the moment local yet who believes forced marriage is against the law. authorities have an option of choosing the two They deem themselves to be perpetrators for going domestic violence targets as part of the indicators against the families; they do not deem themselves to that they adopt as part of their agreements, which is be victims. There needs to be a very strong message reducing repeat victimisation and reducing that this is criminal activity and also I believe it will homicide. While those are laudable, they do not give the Police Force the power to intervene in a address all of the other areas of a local authority’s diVerent way and give them the idea that they do responsibility that should be discharged in relation have the power of arrest. I know that in some to domestic abuse. Whether it is in relation to families there is this for and against argument. There education, as we talked about earlier, whether it is in is the argument it will go under ground, et cetera. relation to provision of housing and emergency There are reasonable voices out there in the accommodation, there is a whole raft of support community who want this to be a criminal oVence. services and information services even giving They will become stronger, the others will become information about what services are available. That weaker. I also wholeheartedly believe, as a victim of is not even there as a requirement now, so we think a forced marriage, if I believed it was criminal new and particular guidance needs to be developed oVence it would have empowered me to go to a for local authorities in terms of discharging their teacher and it would have empowered me to do responsibilities. something. The argument that it will make it go Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 36 Home Affairs Committee: Evidence

19 February 2008 Ms Nicola Harwin, Ms Sandra Horley and Ms Jasvinder Sanghera underground, I can tell you, forced marriage is Q207 Mr Winnick: How far are members of underground anyway. It is our job to empower Parliament aware of it? Are you aware of cases victims to use the legislation eVectively. where Members of Parliament have played, obviously unknown to them otherwise they would not do it, a very negative role in helping people come Q204 Mrs Cryer: At the moment the reluctant into this county who should not be here. sponsors only have to be 18 to become such a Ms Sanghera: I am sure that would happen, yes, and sponsor, but there is a government discussion also the case in Derby of the young girl who document going round about putting that age limit presented herself to Karma Nirvana, the sixteen year up to 21. Do you think that would help and should old girl who said she was being forced into a those going overseas for a marriage to be required to marriage, quite clearly was clear about that. She was register their intention to marry before leaving the put into refuge provision and, shortly after that, the UK? family, who did not report her missing to the police Ms Sanghera: I think they should register their because normally they do not—this is the V intention, because it will alert the agencies. di erence—went on a long haul trying to track her Absolutely. It would alert us. Part of the problem is down. One of the things they did was to contact our organisation to harass us. The mother in the case we are not aware of where they are going and, once made it quite clear to me that she was going to see we lose them, they can get lost. In relation to raising our local MP and see to it that we were closed down the age of consent, again, yes, but many victims do as an organisation. She did go to see our local MP, not even know they are making an application to our local MP did write to me and it was a letter that become a reluctant sponsor. They need to know to stated, “Jasvinder, I do not understand why you are ask the question and be able to access that. not even willing to pass messages to this young girl. Ms Horley: A vital piece of research. This constituent of mine tells me quite clearly she does not intend to force her into a marriage.” Can I just say that, shortly after that, this family hired a Q205 Chairman: If it takes thirty seconds. private investigator? This young girl was kidnapped Ms Horley: Thirty seconds. I know the Southall from refuge provision in Leicestershire. She was Black Sisters oppose this. In Denmark, where the brought back to Derby under duress, made to call age has been raised to 24, and in the Netherlands, the police. Thankfully, the intelligence was there and where it has been raised to 21, there is little evidence the police responded in a way where they did not to suggest that this change has led to a reduction in believe her. They rescued her. Eight arrests were forced marriages. made in that family on the Friday. The mother and the cousin were both presented before Leicestershire Magistrates’ Court and remanded in prison last year Q206 Mr Winnick: Where a person has been refused in July. abroad by the British High Commission, say on the Indian Subcontinent, it is quite likely that the Q208 Chairman: I am sorry. You need to bring it to sponsors will go to the local Member of Parliament. a conclusion. Do you think there is a danger that a Member of Ms Sanghera: Just very quickly because this is key to Parliament, obviously not deliberately, far from it, the new Bill. In November the sentence was passed, nevertheless, could be a party to helping people and it was a two-year suspended sentence, where the come into this country who obviously should not be judge stated that he did not believe the kidnap was allowed to come in because the marriage is not going with intent to force this girl into a marriage. to be valid in any proper way? I am afraid I am going to have to Ms Sanghera: Absolutely. The constituent will Q209 Chairman: end this session because we have other witnesses who present a case and a case with, I am sure, a lot of grief are waiting and then we have a Home Secretary and sadness, et cetera; so the MP is faced with that coming in after that. Thank you all very much. I constituent in that situation and will endeavour to would be most grateful if you could let us have a support them. I think what we need (and this is why note, either singly or jointly, on the issue of no I say indirectly they can be involved in it, I do not recourse to public funds, as we have not been able to believe there is the collusion per se direct) is MPs to cover it, but we are extremely grateful. We could be aware of this. There needs to be some guidance have carried on for another hour asking you written for MPs around forced marriages and questions. around this sort of collusion that can go on. Ms Horley: Can you have us back! Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 37

Witnesses: Ms Jo Todd, Director, Respect, Mr Mark Coulter, Male Victims Development OYcer, Men’s Advice Line, and Mr Ben Jamal, Chief Executive, Domestic Violence Intervention Project, gave evidence.

Q210 Chairman: Mr Jamal, Mr Coulter and Jo Mr Coulter: I think we need to raise awareness that Todd, thank you very much for coming to give men experience domestic violence and they should evidence to the Committee this morning. What we seek help earlier, and that goes for men who are are going to do is ask a series of questions to using violence towards their partners or men who individual witnesses and if you could be as brief as are experiencing violence as victims. possible it would be very helpful. Anything we do not cover in the session it would be helpful if we could have a note. Could I start with a question to Q215 Martin Salter: There appears to be a bit of a you, Mr Coulter? What is the scale of male problem in terms of the programmes run by the victimisation and what are the particular needs of Probation Service for perpetrators. Can you give us male victims? your experience as to whether the Probation Service Mr Coulter: I think we have to say first that, in terms (this is a question for you, Jo) is properly resourced of our knowledge about male victims of domestic to eVectively deliver any of these programmes? violence, our knowledge-base is fairly minimal. In Ms Todd: I think resourcing is the key issue. There terms of what we know about female victims, we are has been quite a lot of work done within the 40 years behind, so this is a new area. The British Probation Service at theory level and at a developing Crime Survey suggests that one in six men will programmes level. They have got two programmes experience one incident in their lifetime. As soon as that are accredited by the Correctional you look at a pattern of behaviour, the results show Accreditation Services Panel that are meant to be 89% of victims are female. running across all regions, but we know anecdotally and from probation staV that it is very patchy provision. There are lots of problems in terms of Q211 Chairman: Are the needs of male victims places on programmes, on actual capacity, numbers diVerent in heterosexual marriages or partnerships? on programmes. We are aware of the women’s safety Mr Coulter: I believe so, yes. The risk profile for gay, work, which is a key and crucial element to the way bi and trans men is far closer to that of the these programmes have been written, in terms that if experiences of heterosexual women, and the needs of you work with a perpetrator you should also be heterosexual men are diVerent again. They do not working and providing support and protection to a tend to engage with services on a face to face basis. partner or ex-partner of the crimes that he has In two years outreach when I was working in Devon committed, and children as well. That is the I had a minimal amount of men that were willing to Probation Service model, but we are aware that the engage on a face to face basis. Heterosexual men way it is being rolled out currently means there is prefer telephone contact, support, use of the really patchy provision. Some regions have taken Internet, things like that there, so there is a that very seriously and have got good numbers of diVerence. women’s safety workers in place and have got programmes running well, and some areas really do not have very much at all. We are aware of certain Q212 Chairman: How often are men victims also areas that have got very long waiting lists where they perpetrators? Are you satisfied with the screening have even told the magistrates’ courts, “Do not tools that exist? bother referring. We have closed the waiting list. Mr Coulter: Frankly, there are no screening tools, You cannot even make an order to a programme.” except for the one I have worked on and developed We have got concerns as well about what happens to and at the moment am currently piloting in Croydon the men when they are on waiting lists. If they are and Newham. Perpetrators and victims: probably waiting to go on a programme—they might have a 60%, 70%, in my experience. two-year probation order—they might have to wait so long there is no point them starting the programme because they will not have time to finish Q213 Chairman: Is there any prejudice against male it before the order is complete. There are many, victims of domestic violence? many problems within probation that are much Mr Coulter: Not necessarily. I do not thing there is more about resources than about anything else. any prejudice. Within the sector and training events that I have been on a lot of practitioners are asking: “What do we do with male victims?” I think there are Q216 Martin Salter: One follow-up question. Are a lot of myths and there is also a tendency to think there programmes available for young perpetrators that their experiences and needs are exactly the same of 18 to 21, or female perpetrators, or, indeed, any as heterosexual women. To my mind they are other minority groups? fundamentally diVerent, and if you apply the Ms Todd: Within the Probation Service? template for working with female victims to male victims, then, rather than making people safer, we are actually going to escalate risk. Q217 Martin Salter: Yes. Ms Todd: For domestic violence specific programmes, not that I am aware of, no, and we do Q214 Chairman: Do you think that there is a need think that there needs to be specific provision for for a public information campaign on this issue? those groups. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 38 Home Affairs Committee: Evidence

19 February 2008 Ms Jo Tood, Mr Mark Coulter and Mr Ben Jamal

Q218 Martin Salter: I would have thought that, if voluntary sector programmes working in the UK at you were to prioritise the groups that would need it the moment at diVerent locations across various most, given that choices would have to be made, diVerent regions, some are well served, some are not. putting a programme in place for young There is a lack of capacity at the moment to do much perpetrators is probably more productive and likely joined up work with probation, but there is a huge to end in a more positive outcome than someone that willingness to do it. There is a willingness from us as perhaps has been engaged in domestic violence for an organisation. Respect is very willing to work with many, many years, and almost trying to nip it in probation at a national level. There has been no the bud? formal arrangement to date, but we are very willing Ms Todd: Yes, absolutely, and I think we need to do to enter into a formal relationship. Respect has just a bit more thinking and research about what young been funded by the Home OYce to develop perpetrators needs are. One of the things I have accreditations for the voluntary sector, and that is noticed, and I used to run perpetrators programmes, being rolled out in April. Probation have been is that young perpetrators can very much put down involved in that, so have ADSS, the Home OYce, their perpetration as an excuse—“It is the but across the board we have had the right people relationship”, or, “It is her”—because it may be their involved in that accreditation process. We hope, first or second relationship. By the time you are 40 once we have got accredited programmes in the years old you cannot use that as an excuse any more; voluntary sector, the statutory sector will feel much it is very clear that it is your issue as a perpetrator. more confident about working in partnership. We So young perpetrators have probably got more have got some ideas about how that might work, and recourse to justifications that are not correct, but I can either talk about them now or I can send you they may be resistant to being worked with. There a note on that. are some issues there that we need to do a bit of thinking and research on before we just make an Q220 Chairman: A note would be very helpful. assumption and nip it in the bud. I think it is about Ms Todd: We are very willing, not quite able yet, but interventions, not just programmes as well. It is with capacity building in the voluntary sector, we about what would work with young people: will be. preventative work, interventions at an early stage, Chairman: Thank you, that will be very helpful. and programmes as well.

Q221 Margaret Moran: One of the key things is Q219 Mr Streeter: You mentioned the pressure on evaluation of what works. Could you tell us a bit the perpetrator programme. I want to ask you about about what you think would help us to really be able how the voluntary sector and all your agencies are to evaluate both eVective sentencing and working with statutory agencies to try and overcome interventions, as you indicate? Would reconviction this backlog, but can I also ask about a thought you rates, for example, be helpful in tracking, have put in my mind: how many perpetrators do we monitoring, or should we be looking at profiling know have been brought up in a household where perpetrators and seeing if their lifecycle, if you like, they have seen domestic violence themselves first- is involved? hand? Is there a percentage that you can give us or a Ms Todd: There are all kinds of quantitative data feel for it? that is collected by various agencies that I think can Ms Todd: That is stepping into a minefield actually. be very useful for those individual agencies to look There are lots of diVering opinions on at performance, but if you are looking at what is intergenerational cycles of violence. I think it is clear eVective for women and children experiencing that if violence has been normalised for you as a domestic violence, an increase in their safety or a child, then you have a certain relation to it as you reduction in harm, however you want to phrase it, is grow into being an adult, but it is not clear that there the most important thing and to get that is a causal relationship. It is not clear that if you information you need to use qualitative measures, witness it in your home that, as a boy you become a you need to be asking women and children perpetrator, as a girl you become a victim. I think it themselves whether or not their lives have changed is a risk factor, it may make it a higher risk that that for the better, whether the violence and abuse has happens, but I am aware of men in my personal life increased or decreased, not just about their as well as just men that I have worked with, satisfaction with services. They may have found a colleagues, who have witnessed it as children and very helpful police oYcer, CPS prosecutor, they may made really sure that they are not going to be very pleased with the personal relationship they perpetrate it because they have had empathy with have had with an agency, but they still might not be their mother. So there is not a straight causal link, safer, so we are very concerned that, as well as but it is something we need to work with because it qualitative data that is good for internal monitoring, is a huge justification that men use for their use of safety is the key thing that is measured. I am a bit violence, “That is just how it is. That is just what heartened that the CPS in their recent consultation happens in our family, in our community, in our paper seem to have taken that on board and are street, in our neighbourhood”, and so on. You asked mentioning safety now as a key indicator, I think, me another question, which I wrote down, so I am around the way they move forward. That seems going to make sure I answer it, about voluntary crucial to us. You mentioned profiling of sector agencies working with statutory around the perpetrators. I think there have been moves within backlog and meeting demand. There are about 37 the Probation Service looking at cryogenic factors to Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 39

19 February 2008 Ms Jo Tood, Mr Mark Coulter and Mr Ben Jamal do with perpetrators and trying to get the idea of Ms Todd: To start with, it was a campaign that was what is a perpetrator. I would say, go into your local run by the police and it was talking directly to men shop, your local pub, walk down to the tube station and directly to perpetrators actually about what the and pick a random sample of men. The problem is, police will do. Thinking back 30 years, that is a huge if you could profile them, women and children cultural shift to “it’s just a domestic”, which we are would be a damn site safer, because most women all aware of. Anecdotally, I have heard from various would steer very clear. Unfortunately it is very hard people that they have witnessed men looking at these to do. tube posters. I do not know if you have seen them.

Q222 Margaret Moran: You have already Q225 Bob Russell: I have heard about them. mentioned that feedback from the victims is a key Ms Todd: I have got a few copies here that I can pass element, so I will not mention that, but we have round. They are basically saying, “If you are heard a lot in the papers over the weekend, indeed, perpetrating domestic violence we will find you, we about the non-attendance rate on perpetrator will track you down and we will charge you and you programmes. How should we address that? Do you will be prosecuted.” think that compliance hearings might help, as they have in the US? Q226 Chairman: Can you speak up a little? We are Ms Todd: Attrition is a key issue throughout the having diYculty hearing you. whole of the criminal justice service, and for Ms Todd: Sure. I am sorry about that. perpetrator programmes that is true as well; there are drop-outs from programmes both in the Q227 Chairman: It is the acoustics; it is not you. Probation Service and in the voluntary sector. A lot Ms Todd: The campaign seemed to grab the of the research looks at completion as being a key attention of men because it spoke directly to them, target, and that is true. If a perpetrator completes a whether or not they were perpetrators. Most programme it is certainly a significant step towards domestic violence campaigns have been targeted at being safer. It shows that he is motivated to change, women and more at the general public, and they he is engaged with the process, but it does not in and need to continue. We are not at all saying that that of itself tell us that he is safer, and so that is where should not happen, but we need to have some that you come back to—I am sorry to keep going on are targeting men and making them think, either as about it—the victim reports are the key thing. I am a preventative measure or make them stop in their afraid I am going to contradict the written evidence tracks and be concerned, be worried, be afraid that that I gave you, based on a piece of research that has they will get caught and something will happen. come out this year, so it is subsequent. Compliance hearings, we think, sound like a good idea. What Q228 Bob Russell: Thank you for that. That was they are, basically, is that if a perpetrator is three years ago. That was the Metropolitan Police. sentenced to a perpetrator programme within the Mr Coulter, who do you think would be best placed Probation Service, part-way through that process he to develop and run a similar campaign and which is called back to court to account for his progress, media outlets would be best suited following on that with obviously a variety of people reporting back on Y V last answer? that—probation o cer, o ender management Mr Coulter: I would like to see things in men’s teams, the people working with him on the group— magazines, specifically aimed at men, with a positive and if he is not progressing, either because he is not message that actually you can do something about attending, he is not compliant with the process, he is your behaviour or, if you have concerns about the not engaging with it in some way, then other quality of your relationship, before it becomes sentencing options can be considered. That all overtly abusive and you become either a perpetrator sounds like a great idea; we did recommend it in our or a victim, there are people here who will provide written evidence. There is a piece of research that we support and help and direct you to appropriate have only got the synopsis for at the moment but it services. is being published, I think, this month. Q229 Bob Russell: The last campaign was focused on Q223 Chairman: Would you send it to us? London by the Metropolitan Police, and you are Ms Todd: I will. I need to get hold of the actual copy suggesting it should be national. Who, in your view, of the research. It looks like a small study in the US ought to be running it if it was a national campaign? but it is suggesting that it has not made a much Mr Coulter: Obviously we need to combine police V di erence. I will write you a note on that once I have forces, we need to combine Respect and Men’s read it. Advice Line, and one of the things we are examining Chairman: Thank you very much. at the moment is having a formal referral process to Relate nationally, because for men who are Q224 Bob Russell: A question to Jo Todd and a experiencing domestic violence as victims in some follow-up to Mark Coulter. In your evidence you form, I think it is wholly unfeasible to expect specific state that the Metropolitan Police Service public services to exist in every town. What I am looking at information campaign in 2005, aimed at male with Relate is a way of developing a formal referral perpetrators, had a high recognition rate amongst process so we can refer men from the helpline to men. What do you think were the most successful individual Relate branches: because Relate is seen as elements of that campaign? a relationship agency, it does not carry the stigma for Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 40 Home Affairs Committee: Evidence

19 February 2008 Ms Jo Tood, Mr Mark Coulter and Mr Ben Jamal men of either a victim or a perpetrator, and both of Q232 Mrs Cryer: Do you happen to have a figure for those labels do carry stigmas around self images of how much it costs to turn round each perpetrator? what it is to be a man and notions of masculinity. Mr Jamal: There is a number of ways of measuring Ms Todd: I think there are two diVerent types of that. Our community team, which is the front-line campaigns. One, like the Metropolitan Police staV of four workers, two workers working with the campaign, that targets perpetrators and makes them men, advanced prevention programme workers, two afraid of doing it again, and that is probably a women support workers with associated support Criminal Justice Board level of delivery, and one staV, managerial staV, we expect that team to deal that is about trying to engage perpetrators and make will 200 referrals a year. The budget for that team is them think about changing their behaviour, £219,000. So, in terms of what it costs to work with stopping, and that I would like to see. The Respect each of those men, the figure is fairly low, it is about phone line and our service would like to be very £1,095. If you look at what is the figure, what are the much involved in that. hours that go in working with someone to complete the programme—so the hours of work with the man and the hours of work with the woman—you come Q230 Bob Russell: If this campaign was so successful up with a figure of between five and six thousand three years ago, why has it not been continued? pounds, and the diVerential depends on the route by Ms Todd: I think you would have to ask the which they are referred, if they come from social Metropolitan Police that. services, our risk assessment processes and the feedback in places like child protection conferences. Chairman: Thank you, Mr Jamal. That is very Q231 Mrs Cryer: Can I address Ben Jamal. DVIP helpful. One final question from Mr Prosser. literature says that 70% of men who complete the programme stop using physical violence. How is this assessed and what elements make this programme so Q233 Gwyn Prosser: Mr Jamal, how important are successful? the follow-up sessions which are put in place and can Mr Jamal: That figure comes from a number of you point to any other perpetrator agencies, whether sources. It comes, in the first place, from an external it is voluntary or non-voluntary, which have that evaluation that DVIP had some time ago, in 1998, same element? undertaken by the Child and Women’s Abuse Study Mr Jamal: The second part of the question I am Unit. It is replicated in findings elsewhere, in projects probably going to leave to Jo, in terms of the range of community perpetrator programmes around the similar to ours, from research done in the States, in country that have a follow-on group. We see it as particular Gondolf multi-site evaluation came up important for a substratum of the men that we work with similar figures. We also conduct our own with. A small proportion of the men who complete internal evaluations on completers and through the programme will then move to the follow-on questionnaires with partners of completers, and group. For those men who require it, it is an again we are coming up with the same sort of figures; important part of the process, and I think the reason but in terms of answering the question more for that is that we operate under a belief that one size broadly, I think I would echo what Jo said earlier. does not fit all. There will be men who come oV the We are cautious about using outcomes in terms of programme where the 32 weeks (and it is an intensive V completers as the sole measure of e ectiveness, and programme) is not enough to address some of the part of that is recognising, “Yes”. Obviously part of more persistent behaviours. What the group also what we are trying to do, our overriding aim, is to does, it operates in a less structured way and it gives increase the safety of women and children. An an opportunity in a more therapeutic setting to essential way we try to achieve that is through address some of the other range of issues that inform aVecting behaviour change with perpetrators, and the behaviours as well. It is an important part of the the extent to which they complete an evaluation process and, for those men who need it, we have had upon completion is part of that process. What we are individuals at DVIP who we continue to be involved also doing is engaging a wider risk management with for periods of up to seven years, they continue process and there are two key elements I would to attend the programme. emphasise in that. We undertake risk assessments particularly with men who have children and who Q234 Gwyn Prosser: To what extent are you able to are referred through social services departments. incorporate multi-agency work? Everyone tells us For all of those men we undertake a risk assessment, that multi-agency work is so important in these and if the men do not complete the programme, matters in preventing reoVending. Are you able to what we believe is that that process, the information incorporate that into your projects? we are able to gather that is passed on to other Mr Jamal: We are. There are factors which mitigate agencies, helps them form better care planning for the extent to which we do that. We are starting to women and children through those wider agencies feed into that; so we are attending MARACs in a and, more broadly, we think, through our process of number of boroughs. Where we work in a multi- monitoring men for the time they are on the agency process, most importantly, is through our programme and, importantly, through our work with referrals where there are child protection integrated women’s support service, we are able to concerns. So, we liaise closely, feeding back with increase safety through the safety planning work referrals from social services into child protection that we do as well. processes, working as part of the core group of Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 41

19 February 2008 Ms Jo Tood, Mr Mark Coulter and Mr Ben Jamal agencies working on the child protection plan. One Mr Jamal: I will. of the things I would say more broadly, we think that we work best when we are were working as part of a Q236 Chairman: We had a figure earlier on from the co-ordinated community response, and I would other witnesses about the number of women who V echo that I do not think you can have an e ective co- have committed suicide. They said ten a week in ordinated community response unless you have a respect of domestic violence. Do we have any figures community perpetrator programme as part of that for men: the number of male victims of domestic process. One of the factors that does prohibit that violence who have committed suicide? wider involvement—so not just on a case by case Mr Jamal: Idonot. basis but also at a strategic level feeding into Mr Coulter: No. planning within boroughs—is getting mainstream funding through local authorities. Can I briefly say, as a model of how I think our services can work best, Q237 Chairman: Does anyone have these figures? we have recently established a project in East Ms Todd: Not that I am aware of. London. Chairman: Can I thank you all, Mr Coulter, Mr Jamal, Ms Todd, very much for coming in to give Q235 Chairman: Would you write to us about that evidence. We would be very keen to have a written project? It sounds fascinating and it would be very note on all the matters that we have raised with you. useful to have that. Thank you very much. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 42 Home Affairs Committee: Evidence

Thursday 21 February 2008 Oral evidence taken in private

Members present

Keith Vaz, in the Chair

Mrs Ann Cryer Gwyn Prosser Margaret Moran Martin Salter

In the absence of the Chairman, Mrs Ann Cryer was called to the Chair

Witnesses: Jagdeesh, Imran, Ajmal, Anita*, Kiranjit and Meena, gave evidence. * Name has been changed to protect identity [***] Indicated text has been removed

Q238 Mrs Cryer: I am Ann Cryer and I am asked her, “What can I do to help?” she said to go substitute Chairman of this Home AVairs and get married otherwise it would be my fault if Committee meeting. I want to say welcome to you all anything happened to her. I went to Pakistan and and thank you very, very much for being here got married. She came within the three months and because I know this is a very diYcult thing for you I got the (inaudible). to do to volunteer to do this, and I really do Jagdeesh: I represent the landmark case of Surjit appreciate it. I wonder if we could start at one end Athwal which last year came to a legal conclusion in and if each of you very briefly introduce yourselves this country. My sister Surjit went missing abroad in and then we will go into the questions. We are few in very suspicious circumstances in December 1998 number but we will share out the questions. Anita, and, following her disappearance, I took the lead on would you like to start? a nine-year sustained campaign to get to the bottom Anita: My name is Anita— of her disappearance, which we feared was an honour murder from the start. We had to undergo a Q239 Mrs Cryer: Could you speak up. I did not mountainous struggle for the police to undertake the realise the microphones did not amplify the sound. I case; we undertook a mountainous struggle with the am deaf but I will just have to struggle. Foreign OYce with whom we still have not made any Anita: My name is Anita and I have an immigration progress; and we underwent a huge struggle with all problem and my husband beat me so many times. manner of oYcial departments, chiefly the police That is why I have come here to talk with you. and the Foreign OYce, the end result of which was Kiranjit: In 1992 I was released from prison. I the case coming to fruition in the form of a suVered domestic violence and I was given a life prosecution last year. sentence. The Southall Black Sisters took up my *** campaign and this is how I was released in 1992. Since then I always go to their oYce to ask for their The case has thrown up huge lessons and huge help. It has been a very useful organisation for me. questions about oYcial action in these types of cases.

Is the shorthand writer hearing Q240 Mrs Cryer: I think you explained your case on this? I am afraid I am not but I am not asking you to Q241 Mrs Cryer: say it all again. Imran? the radio a few weeks ago, is that right, or it was an Imran: My name is Imran. My journey started at the identical one if it was not you? age of 10 when I was taken to Pakistan. I was Jagdeesh: I was on Taking a Stand on Radio Four. engaged to my uncle’s daughter; she was five years old. Not knowing what was happening, I assumed it was a party. Money was given to me as gifts and Q242 Mrs Cryer: That is right, Taking a Stand. garlands were put round me. I stayed four months Thank you very much, Jagdeesh. Ajmal? and came back to the UK. At the age of 15 my sister Ajmal: My name is Ajmal. At the age of 19 I fell in showed me the photos of the engagement. I was love with my ex-wife Angela and then I was sitting my O levels at Waverley School. I was then kidnapped by own father, taken to Germany and taken out of school and I was taken to Pakistan on then taken to Pakistan. Two years later I came back a holiday at the age of 17. I was kidnapped and to the UK and they forced me through an drugged and abducted and taken to a deserted annulment. Eight years later I saw a show on the village in a mosque and shackled up in chains for 15 television which was based on Karma Nirvana and days. I escaped with the help of a nine-year-old and after I saw that show I got in touch with them. Imran came back to the UK. I still got pressurised by my is now my male support worker and I am moving family to get married to the same girl I had got forward in my life with the help of Karma Nirvana. engaged to. At the age of 24 I was emotionally Mrs Cryer: Thank you very much, Ajmal. I am still blackmailed when my mum was in hospital. When I struggling to hear. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 43

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena

Q243 Martin Salter: Could I ask Jagdeesh, would is bad, and they think that after you are married a you mind if we requested the tape not necessarily girl goes to their in-law family and they live there and from you, we can get it through the Clerk, of your they do not come back to their home. That is the bad BBC programme? thing about honour in our community. They think Jagdeesh: By all means, yes. we are bad girls and that is why we are not living with Martin Salter: I did not hear it and they are usually our partners, but they do not think that because of very good programmes. this abuse and this violence we left them.

It is really good and it was a much Q244 Mrs Cryer: Does anyone want to say anything much bigger thing than we are going to get this Q250 Mrs Cryer: else on this one? I am going to ask another question afternoon because of the limitation of time. but it is similar so perhaps you could combine it. Jagdeesh: There is an accompanying seven-page How could the idea that honour justifies violence be document that we have prepared. challenged? What can be done to encourage community or religious leaders to condemn forced Q245 Martin Salter: We have got that. marriage or honour-based violence? Jagdeesh: It gives an almost encyclopaedic account Jagdeesh: Crimes where honour is a dominant factor of all the obstructive issues we encountered. could be described as crimes of passion. Honour as detailed is such a paralysing and regimenting notion Q246 Martin Salter: Is that “Justice for Surjit”? within lots of communities which are reflected Jagdeesh: That is right. around the table here. Honour is so important to them, rightly or wrongly, that it is better to kill your Q247 Mrs Cryer: I am struggling to hear you; I do own daughter or kill your own son than walk with apologise about that. I was not aware that we were dishonour or bring about dishonour on your family. not going to have amplification otherwise I would In the Western world this looks very, very starkly asked somebody else to do it. I think it is very unfair obscene, weird, horrible, disgraceful, although I on committees that we do not have amplification. would pause and say that issues of honour have What strikes me is that we are having amplification existed within medieval England as well— for radio and TV but not for us and because this is dishonouring the King and dishonouring traditions in private we do not get amplification. Anyway, that and things like that. Nonetheless, coming to the very is my problem. We are going to divide up the issue of honour and violence, if I was the father of a questions. Can I start with a question to all of you. dishonourable child, I would not receive How would you explain the concept of honour and condemnation or opposition from significant sectors family and what it means in your community—you within our community because they would see that I are from diVerent communities—because a lot of was just carrying out what was a medieval tradition people do not understand this? What kinds of and it was quite normal, and I may even be treated behaviour does honour dictate? You do not all have as a hero for reviving and sustaining a tradition that to answer. is increasingly being lost or dissipated. What we see, Imran: I would say that honour plays a big part in certainly in the case of my sister and indeed other the Asian community, for example, if you wear cases within the Sikh Punjabi community, is that Western clothes or if a girl is going out with a boy or there is this magnificently horrible silence across the a boy is going out with a girl, having a mobile phone, Sikh organisations and the mainstream Sikh being bisexual. gurdawaras. Surjit’s case was treated as this alien object. It was too hot to handle and nobody wanted Q248 Mrs Cryer: Does anyone else want to have a to grab it or put their hand into the hornets’ nest and go? try and poke around it and say right this is an Kiranjit: Family honour is very important in my important, relevant case, it reflects many other cases. community. After two years of suVering with my I think there is a great deal of work that needs to be husband I went to my family and asked for help. I done, in my opinion, not just at a local level but with told them, “I don’t want to live with him, he has government impetus to address this phenomenon treated me really badly,” but family honour was which has existed in this country amongst the more important than my life and my happiness, so migrant communities not just now but since the the family does not help. I went to relatives and 1960s, which has been very eYciently concealed. I friends and they said, “No, you have to keep it. It is think there needs to be some kind of robust initiative in your destiny and however he is treating you, you by central government to say this is a crime, it is have to live your life like this.” So family honour is happening, it is aVecting many UK citizens and we very important for the community. They do not care need to take an initiative and we expect community how the girls, their daughters, live their lives with groups to co-operate with us in a manner that is their partner, so I suVered a lot and I was totally beneficial to communities. I think there needs to be trapped. some clear thinking and discussion around it. Otherwise communities and religious bodies, left to Q249 Mrs Cryer: Did Anita want to say something? their own devices, will not do anything, and nobody Anita: It is the same thing like Kiranjit. We come can force them to touch on this issue which exists from the same community. Our community thinks within them and is silently sanctioned. Without that if we are not living with our husbands because some external impetus they will stay frozen in their of violence and abuse, that means we are bad, not he state of indiVerence. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 44 Home Affairs Committee: Evidence

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena

Q251 Mrs Cryer: Can I just clarify that. What you It has happened, it is horrible; I will quietly are saying I think is that the status quo is in the withdraw back into my life and let it happen.” There interests of community leaders and therefore they needs to be oYcial government-driven support, let are not interested? me say, not so much diktat or hijacking the issue, Jagdeesh: In the interests of the community leaders and government-level support for community and, moreover, in the interests of the killers groups, for campaign groups to drive this issue themselves because they enjoy this silence and this forward. At the moment these are small fish fighting inaction that exists within the community and their battle against big fish in a big sea. They can only facilitates these kinds of killings. fight so much but they are fighting and they will Mrs Cryer: Thank you, Jagdeesh. I think Martin continue to fight. We will continue to fight but we are wants to come in. very small fish faced by big piranhas out there and unless some big supporting force comes and helps us we will always remain in that very uneven equation. Q252 Martin Salter: Carrying on with what you are saying, Jagdeesh, for the tradition to exist it clearly needs, by definition, to be passed from one Q254 Margaret Moran: Thank you. It sort of generation to another. Is there any evidence, in your follows on from this and it is a question to Imran and experience from migrant communities, that the to Ajmal. Both of you had very significant pressure tradition is starting to die out with each generation from your family and from your communities in or is it being enhanced and replicated? diVerent ways. What would have helped you to resist Jagdeesh: I would say that there are two opposite that pressure in those circumstances? forces battling with each other. There is the very Imran: For me it was education. At that age, 15, entrenched initial migrant, male-dominated there was nothing to teach you about forced generation (and invariably honour crimes are male- marriages and domestic violence. If I had realised dominated and male-driven and committed largely there was any support there I would have got it, but by males, although not exclusively, as we see with the at that age I did not know if I had a choice at the age two examples we have here). This tradition has been of 15. For me it was education strongly. passed down by initial first-generation migrants to second-generation migrants and along the way it is Q255 Margaret Moran: Ajmal? suVering opposition from other diVerent types of Ajmal: Since I was brought up mainly in school you thinking that it is wrong, it is cruel, it should not did not see posters up— have to happen, it is unnecessary, but there is a Y su cient entrenched body of opinion within the Q256 Margaret Moran: Can you speak up. general communities to enable this kind of practice Ajmal: When I was growing up mainly in schools to carry on to this very day, and I would say will you did see posters for drug abuse and for females if carry on for another 20 years yet easily. In the there is any help out there, but as a male I did not see absence of any organised eVort against it, it will any posters about who I could speak to. It was just easily sustain itself for another 20 years before we see one of those things. I just did not want anyone to any downward trend in it. laugh at me because you had never seen it on TV and Mrs Cryer: Margaret Moran, Member of never seen any male support out there or refuges. It Parliament for one of the Luton seats, is going to ask was making it diYcult because it was never you a number of questions now. advertised on TV and you do not know where you can get help from. Q253 Margaret Moran: Could I just pick up the Mrs Cryer: Martin Salter is going to ask more point that was made about impetus from central detailed questions about what should be done in government to change opinion. How can that be schools later. Margaret? reconciled with another view which is that there has to be a bottom-up approach to tackling the issues Q257 Margaret Moran: Thank you for that. within the community? Would it not be perceived as Questions to Kiranjit and Anita. Both of you a central diktat to diverse communities if there were suVered severe domestic violence at the hands of the kind of action that you seem to be advocating? your husbands. You clearly did not get support to Jagdeesh: No, certainly not. I think that you need to tackle the issue of domestic violence. Why was that? empower. The critical issue here that can easily be Was there nobody there for you or did you not lost is that you need to empower the aVected know? What would have helped you in those communities, the grassroots communities, and you circumstances? need to empower groups like the Southall Black Kiranjit: My husband started beating me from the Sisters and others to be able to do that positive work first day of our marriage and I suVered from his in the communities. At the moment what you have violence. He used to smash my head on the walls, got is this massive dominant silence generated by the pull my hair and strangle me. There was always a community leaders. An ordinary member of the knife on the table and he was always threatening me. community does not feel able or confident a) to go I tried my best and I went to my family but they to the police b) and to go to an organisation like never helped. I went to my husband’s family and Southall Black Sisters and c) they think, “Why am I eventually I tried to kill myself twice. I ended up in going to put my neck on the line when I am not even hospital. Then I went to the police and the police clear that the police are going to do anything with said, “No, it is your personal problem; we do not my report, so why should I put my neck on the line? want to get involved; we cannot help you; you have Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 45

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena to solve your own problem; it is a family matter.” help me or anything; they did not take my case Then I went to court. I could not speak English in seriously—never. Sometimes I thought there is no those days. I was scared to go out because I was not point calling the police because they did not help me. allowed to see my family, I was not allowed to use Kiranjit: I went to the police twice and both times I my telephone. Eventually I went to court and I got was told, “Well, it is your personal problem; you two injunctions and both times he apologised and have to sort it out yourself; we do not want to get promised; I did my best but I was totally trapped— involved.” I went to the police and the man was family, the law, the police, I was stuck. standing there in uniform and he said, “There must Anita: I came to the UK in 2006 to my cousin’s be something wrong with you. You must have done house. Slowly, slowly he started violence against me something wrong.” Where would I go? I had no and, the same, I tried to kill myself once and no-one family, no community, no police, no law. helped me. Still I do not speak English properly and at that time I did not know where I could get help Q261 Mrs Cryer: Does anyone else want to add from anyone. Twice I did a police case but the police anything? did not help me. They did not provide me with any Ajmal: I went to the police on a number of occasions, type of help. They just wrote a report and they said, that was abroad and in the UK. In some families you “We will call you back,” but they never called me have got family members who are working in high back. That is why I had more problems and every places, certain people who they know. Even the time my husband kicked me out of my house, I police will not take any action. Instead of taking any stayed outside and then he felt it was not good and action they just turn around and say, “No, he is just then he apologised and he said sorry and he used to a kid and he is lost,” and they will help the family take me inside. So many times he did these things members again instead of helping that child out. and once I was so fed up that I decided to kill myself, Jagdeesh: In respect of my sister’s case I immediately to cut my wrists, because I said no, I do not want to approached two police stations, one in West London live my life because I cannot handle all these in Hayes and one in Coventry, my home town then, situations. No-one helped me, not even my father- and on both occasions I was very coldly turned in-law or my own family. I had no relatives and no away. I explained to them I had a sister, she had not friends, so where do I go to in that situation? I did come back, she was in the thick of a troubled not know. marriage and I feared the worst. She had clearly disappeared and I feared that she may have been a Q258 Mrs Cryer: I will just ask a couple of questions victim of an honour killing. On both occasions from of all of you. You do not all have to answer, just two sergeants I received the response, “If she has whoever wants to. Did you report your abuse to the disappeared abroad, even though she is a permanent police and what was their response? Do you feel they UK citizen and a resident, it is not our business. It is took your claim seriously? Should forced marriage not for us to register a case much less investigate it.” be criminalised? I think Jagdeesh has already said I came away very despondent and disempowered. this. Do you think that making it a criminal oVence Only now nine years later do we have a legal would discourage communities from practising conviction in the very country where the police forced marriage or would it just make it worse? If oYcers did not want to take any action. It is a you could cover those two questions. Who wants to horrible blockage right at the initial process of when go first? the case critically needs to be reported and actioned. Imran: I did not report anything to the police. Yes, To have misinformed, inactive oYcers at the very I think forced marriage should be a criminal oVence. heart of an institution that you need help from, I Families would think twice before forcing their kids think is fundamentally unjust; it is horrible; it is a into a marriage. Also if it was a criminal oVence it grave problem. On the second question, I would would make them think really, really hard that it is solidly support the proposal of criminalising forced a criminal oVence and they could go to prison for it. marriage despite the variations of opinion on that, just like we have criminalised, and have done so for Q259 Mrs Cryer: Some of the arguments are that many years, the act of racial harassment and racial women particularly would be less likely to report attacks. People commit racial attacks secretly, as abuse if it started to involve their parents being they always will. People will carry out forced criminalised. You do not feel that that would be a marriages secretly but unless there is a legal greater deterrent than already exists? deterrent, people will carry on trying to duck and Imran: We should take that into consideration, but dive and so forth. my view highly would be, like I said, it should be a V criminal o ence. Domestic violence is a criminal No-one suggested to you that you V Q262 Mrs Cryer: o ence so why should forced marriage not be a should go to the Foreign OYce and through them— V criminal o ence? Jagdeesh: Nobody suggested that. We were completely left adrift. We had to use our own Q260 Mrs Cryer: Does anyone else want to talk initiative. It was only down to the fact that I have a about going to the police and possible long history of human rights campaigns and I had a criminalisation? bit of a skill in writing letters to relevant people like Anita: I did report it two times but the police just MPs and the media that we managed to lift up wrote a report and they said they would come back Surjit’s case out of a dead water case and take it to me. They never phoned me back and they did not forward. We went to the Foreign OYce of our own Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 46 Home Affairs Committee: Evidence

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena volition; we went to the MP of our own volition; and from you being given the brush-oV by the sergeant we pressed on with the police of our own volition. It in the police station to the point at which the was only because I had a friend who happened to investigation kicked oV? know somebody in the Serious Crime Squad in the Jagdeesh: Approximately five days later we had a Metropolitan Police that we managed to get a meeting with the Serious Crime Squad but they did meeting with them, but as far as the local police not begin their enquiries until several weeks later. stations were concerned: “It is not something that we Martin Salter: That is helpful, thank you. want to deal with.” Mrs Cryer: Gwyn Prosser is going to ask some Mrs Cryer: I think Martin wants a quick question. questions on the same topic. As I am struggling, if everyone agrees, I am going to sit there so I can hear. You are going to ask Kiranjit some questions. Q263 Martin Salter: Two questions, Jagdeesh. Which were the MPs that got involved with it? John McDonnell was one. Jagdeesh: He got involved a bit later, although he, I Q267 Gwyn Prosser: It is pretty clear to us that the have to confess, played a bit of a double role in this British criminal justice system let you down terribly and I will not go into that. The MP that initially took from the very start from your first approaches to the it up was Bob Ainsworth in Coventry. police and then when your case came to court the first time. But through your eVorts and those of the people who were supporting you, you have been Q264 Martin Salter: I know Bob. Okay, the second successful in changing the law for the better, not just question: what was the point at which the for yourself but for persons, or in remembrance Metropolitan Police or was it the West Midlands perhaps of women and some men, who have been Police— abused and them being able claim, quite rightly, Jagdeesh: No, it was the Metropolitan Place. provocation. Many of us go through life achieving very little, but with all the agony that you have gone Q265 Martin Salter:—at what point was it that the through I am sure that gives you some comfort that Metropolitan Police accepted that although the you have been able to make those changes. Can you murder took place in the Punjab, the conspiracy to compare the two court cases, the first court case commit the murder and planning of the murder took when you were very much the criminal, the accused, place in Britain and therefore it was a matter for and no-one wanted to listen to your story of British jurisdiction? provocation, just what you did and when you did it, Jagdeesh: It was approximately five or six days after compared with the second court case when the law Surjit should have returned and she did not that we had been changed and there was far more managed to get a face-to-face meeting with a group accommodation for your wider story? of oYcers from the Serious Crime Squad in the Met Kiranjit: At my first trial I had faith in British law. I Police. At that meeting they gave us an optimistic thought it is a modern country and they will picture. They felt the case was serious enough to take understand. There was the police report, the forward and they began their enquiries. Enquiries doctor’s report, family evidence, my husband’s were begun. For years into the enquiry post family’s evidence was there. I had full faith and I December 1998 the oYcers leading the enquiry were thought I will be out. Because I was so depressed and themselves not convinced that anything harmful had I could not speak good English, half the time I did happened to Surjit. I recall the lead oYcer within a not know what was happening in the court and I did matter of weeks declaring to the media that—of his not give my evidence. At my trial there were 50 pages own volition and I do not know what prompted of evidence by my solicitor because I was so him—that Surjit may not have returned home but depressed and I could not speak English and I did there was nothing to suggest anything had happened not know anything of what was happening around. to her. I personally believe he should not even have I was thinking more of my children and my family made that statement. Beyond that for years and year who were suVering. I was shocked when I ended up Surjit’s case continued to be treated as a possible with a life sentence. I lost my own hopes and then disappearance but certainly not a murder yet, and it suddenly Southall Black Sisters came into my life. was not until many years into the investigation and Y They took my statement and they translated my with the introduction of new o cers onto the case story and instead of 50 pages there were 500 pages. that in 2004 we saw this massive turnaround in the They found a good solicitor who understood the speed and the thoroughness of the case and, as a Hindi language as well. With that, they visited me in result of that massive change in attitude, we saw the prison and it was counselling for me as well; I was prosecution in 2007. It demonstrated very cruelly coming out. They did very good work, the and very vividly that attitudes amongst oYcers can campaigned, wrote lots of letters and all these have such a fundamental eVect on whether a case is petitions and thousands of people signed the taken forward or a line is drawn on the case to say, petitions. My life totally changed and I was gaining “No more enquiries.” more and more confidence. The prison oYcers were very good as well; they did understand. So the Q266 Martin Salter: Just for the record, although it second time it was very diVerent. I only wished I had was slow and not going anywhere, the investigation gone to Southall Black Sisters before and maybe I was triggered within how long? How long did it take would not have ended up with a life sentence. They Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 47

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena did explain family honour through my solicitor Q271 Gwyn Prosser: In my view that is an area where properly and my husband’s family wrote letters to the Committee will be giving a strong the court and I felt totally diVerent at my trial. recommendation for filling that gap. Lots of us cannot understand why there is that gap in the system. It seems so totally inhumane and your Q268 Gwyn Prosser: And with the experience you example proves the point, I think. Jagdeesh, if I can had, how would you recommend people in your ask you about your case. We are all terribly position should be supported through the court case impressed by the work you put in to fight for once the court case comes round? Can you think of eventual justice. You managed to get a conviction any ways that the organisation could support you although your sister’s body is still not found. Why more? were you able to do that? Can you tell us about that? Kiranjit: As I said before, if I knew Southall Black Jagdeesh: The absence of my sister’s body was a Sisters then I would not have ended up with a life major feature to the case and sentence. Before that even when I was suVering with my husband I should have gone to the police and I should have gone to Southall Black Sisters. They could speak for me and make them understand my situation. They could support me better than the *** police did. As I said, the policeman said, “There must be something wrong with you Mrs (name given). We do not want to get involved. I wish I knew Southall Black Sisters then. Even after 16 years, after Fortunately, there was enough legal argument and I have raised my sons—both sons have graduated aspects of British law, as highlighted by the judge, now and the second one is doing law—I still use the that even though there is the absence of a body, it centre and I go there whenever I need their advice does not preclude a murder conviction. The fact that and many, many women still have their advice as there was no body to hand did drag the case down in well so we need this centre very badly. many ways, not least in the fact that along the way there were huge tussles going on within the Metropolitan Police, I have to say, now that I am Q269 Gwyn Prosser: My next question is for Anita. aware of what did go on after the conviction, within Anita, when you were taken by your father-in-law to the team of oYcers. “There is no body so what the your distant friend’s house, you were brave enough hell are we playing at? Why should we be to inform the police. I understand from your story investigating something for which there is no body?” that you returned back to the family. What can you The case is 5,000 miles away, it is an Indian case, it tell us about that? is not British case so why are we investigating that, Anita: Actually I went to a friend’s house and she it should be investigated by the Punjab police.” All said to me, “I will give you only one day because my sorts of tussles were going on. There were oYcers son is coming back and I cannot keep you in the who said there was no body and the killing was house.” Then I came back by bus to near my house overseas but the conspiracy was here and we must at the bus stop and I cried there. One English guy investigate. There were those oYcers and there were saw me crying and he asked me my problem. I said oYcers who said, “I’m not interested. I don’t really that my husband had kicked me out of the house and want to invest time in this. Surjit’s case for years and he said, “I will keep you inside my house.” Then he years suVered this confusion of contradictory said, “I have some family from India and maybe she attitudes and dragged itself along in the system until will help you.” Then I went to her house and she kept all of a sudden, I would say with God’s good doing, me and I rang the police station from there. The we had this fantastic new team who took over the police came. I phoned at 2 o’clock or 3 o’clock and case in 2004 and made the world of diVerence on it. the police come at 10 o’clock at night. The police wrote a report and everything and the police said to the lady, “At this time we have not got any accommodation for her. Can you keep her for one *** day more in your house?” The lady said, “Okay, I will keep her for one day but not more than one day.” Then after the police called back they did not say anything. At that time I did not have any job, That is what the destruction of her body was money or accommodation. That is why I went back designed to do a) so that there was no evidence to to my father-in-law’s house. hand and b) so that it may preclude an investigation even getting underway because if you have no body Q270 Gwyn Prosser: So you had no other to hand you have no evidence. Fortunately, and I alternative, you were forced to go back? have to commend English law for this, in English law Anita: Yes because I did not have any choice. Where there was an unknown, rather unrecognised feature would I go? There is a stamp on my passport of English law, as highlighted by the judge, that the (inaudible). I went to many organisations at that lack of a body does not preclude a case going time but everyone said there is no recourse to public forward like this and it does not preclude a murder funds; that is why we cannot help you. conviction. 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Ev 48 Home Affairs Committee: Evidence

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena

Q272 Gwyn Prosser: Drawing on your experience, Imran: If I could have turned to someone with are there any areas of the law or procedures—and personal experience— you have shared some of them with us already with regards to the putdown which you had almost from Q275 Mrs Cryer: I am sorry, could you speak up. the first enquiries but beyond that—that you think Imran: If I could have turned to someone with we could practically change our procedures and the personal experiences who I could relate to for criminal law to help cases like yours? support, I would have. For the Government my Jagdeesh: I think one of the gaping fundamentally suggestion is a male refuge for men, which is highly huge issues that needed. Due to my caseload I have 44 Asian male victims of domestic violence and forced marriages and honour-based violence and at the moment there *** is nowhere for them to go, just hostels and YMCAs. A lot of males phone me saying, “Where am I supposed to go?” and when I say YMCAs and Many such cases of honour killing—not all but hostels, they just do not want to leave. many—are of such a nature; that you carry out the killing overseas to avoid all the immediate suspicion Q276 Mrs Cryer: What sort of support would you and investigations here. What this case massively have needed at the time that would have helped V Y su ered from was a failure by the o cial bodies like you greatly? Y the Foreign O ce and the British Government to Kiranjit: I think centres like Southall Black Sisters. V e ectively co-operate and communicate or push for They know the language and they can provide help. formal co-operation from the other end. Surjit’s case They have knowledge of the law and about remained stagnant and stuck at the doors of the accommodation and refuges, things like that. In my Foreign OYce. I hate to keep saying this but what life it was very important. For people like me who fundamentally happened was that whilst the UK are suVering domestic violence, they do not have any police were trying to do their bit—and the good place to go or leave, and they can always turn up to oYcers certainly did a damn good job at it—they the centre like Southall Black Sisters or a Women were constantly being held back and disabled by the Aid’s centre or a refuge (inaudible) fact they were not getting due co-operation from the other end. That due co-operation would have been Q277 Mrs Cryer: Would anyone else like to greatly achieved had senior people in the right comment on that? departments of government pressed the right Anita: The first time we need support with buttons which they could have, and have indeed accommodation. My ex-husband kicked out me so done so on other cases like Lucie Blackman, Kirsty many times from the house and I was kept outside, Jones, Gillian Gibbons, Peter Bleach and Ian and then I did not have any accommodation. I Stillman. Had they applied the same diplomatic needed accommodation. When I went to leave I Y o cial pressure, I believe Surjit’s case would have asked for help and I think maybe the council did not been solved within approximately three to four years have any type of help or anything because they had of her disappearing as against the nine years that it no recourse to public funds for our type of women. actually took. That remains a gaping issue—the Maybe to change this rule is a good thing and we can failure of co-operation between two states through find out some benefits from another side, like the established channels. We are seeing a repetition of council or the civic centre, I do not know. that same gaping fundamental flaw in the new case Meena: Anita is saying that there should be benefits of Manjit Kular who again is a resident of and taxes for support through the council. The Hounslow, who arrived in the Punjab and all of a government should provide benefits for people like sudden there is this mysterious car accident and the her. UK police are stuck in exactly the same Anita: I went to so many places and so many complications now because they are not getting co- organisations but they saw my passport and they operation from the other end. said they had no recourse to public funds and that is why they could not help me. I had no choice. Thank you very much, Anita. Margaret Q273 Mrs Cryer: We are talking about the Indian Mrs Cryer: Punjab, are we not? Moran is going to ask some questions. Jagdeesh: The Indian Punjab. Q278 Margaret Moran: You have just answered one of my questions already so if I can ask you Ajmal, Q274 Mrs Cryer: I just wanted to make sure. that same question, which was what would have Margaret Moran and I are going to ask you a few helped you in those circumstances? You have questions about support and advice. My question already articulated that there is a great deal of will be to all of you. What kind of support was or prejudice and diYculty in men reporting their would have been most valuable to you in leaving situation, but what would be the one thing that your situation and rebuilding your life, for example, would have really helped you in your situation? counselling, accommodation, friendship, et cetera? Ajmal: I agree with Imran when he says that there What would you recommend that the Government are no male refuges, which are needed. When I first should do to improve support for victims? Who came to Derby I had to live at the YMCA but wants to start? obviously there is a lot of drug use and alcohol and Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 49

21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena you do feel suicidal and there is no support for that. Q282 Mrs Cryer: It is to all of you so does anyone There is no advertisement out there as well. There else want to answer? needs to be awareness with posters or Ajmal: They never taught us in school about forced advertisements. marriages or domestic abuse. They were teaching you about drugs, alcohol and sexually transmitted diseases but the forced marriage bit you never heard Q279 Margaret Moran: So awareness as well? of it. Thank you very much. Kiranjit, we talked earlier on, I asked you questions about domestic violence, are you aware now of services for domestic violence— Q283 Mrs Cryer: Why do you think that was? and you have mentioned the Southall Black Ajmal: Because I think they were afraid of upsetting Sisters—but any other services that tackle domestic the Asian community. They did not want the parents violence? Had you been aware of them when you or the family members pointing out that the schools were in your situation, would they have been helpful are going against them, like, “My daughter has run V to you, or do you feel that there need to be services o because you put a poster up and but we were that are specifically for Asian or black women? okay at home.” Things like that. Kiranjit: Before I went to prison I did not know anything about Women’s Aid or women’s centres. Q284 Mrs Cryer: Does anyone else want to say After my release Southall Black Sisters helped me. anything? After I was freed I worked for nearly eight months Imran: I did not get anything to do with domestic at their oYces as a volunteer and I got to know so violence or forced marriages. If there was advice or many Women’s Aid and women’s centres like support at that time then I would have sought it. Southall Black Sisters when I was working there and I was very shocked at the amount of women coming Q285 Mrs Cryer: Can I just ask you all now about to their oYce, not only Asian women but Black, your GP, your doctor. Were you able to seek help English, Pakistani, and they were all asking for help. from your doctor or other health workers? If not, These people were English and Punjabi and they why not? Were there other professionals that you felt understand all the (inaudible) as well. Even today comfortable speaking to? they are getting letters from Pakistan, India and Anita: When I cut my wrists, they reported it to my China from women who are suVering there. They are GP and then the GP gave me an appointment and I asking us to be their support. They are demanding went to my GP, and he said to me, “Why did you do they should open one of their oYces in their country these things?” He knew my husband as well because so they can have help. I know now and that is why I my husband would also go to my GP. When he beat think it is very important to have more publicity for me I had some bruises on my back and my face and the centre. When I heard that they are suVering, they that is why I went to my GP. He just wrote down a are not getting enough funding, I wanted to help. I note. First when I went there I was scared to tell the did a 12-hour night shift last night and I have not truth because in hospital my husband said to me, “If had a good sleep and I am going back tonight again. you say anything to anyone I will kill you when you That is why I am here. I think it is very important. come back home.” I did not say anything in the These people are giving our lives back to us and our hospital. I said I was depressed, that is why I cut my children’s. wrists. When the GP asked me this questions I told Anita: I echo that. the truth and when he wrote it down in the notes I Margaret Moran: Thank you. You are a very good was scared. I said, “Why are you writing notes?” He advocate for not just Southall Black Sisters but a said, “It is for your safety and when there is a very serious point; we need more resources to problem then I will give the report to the police when support women in this situation. Thank you very you need a report.” At that time I was so scared. I much. thought maybe the GP would tell my husband that “your wife told me these things.” At that time I did not speak English very well. Somebody said to me, Q280 Mrs Cryer: We are going to move on to asking you about what sort of help you got or you did not “Go to Black Sisters at Southall, they speak English, get from schools, employers and the Health Service. Punjabi, Hindi everything.” I went there and they I will start oV with the first two, which are addressed helped me. They arranged a lawyer for me. They again to all of you, and then Martin Salter is going helped with my statements and everything. When I to ask specific questions of three of you. Were you was depressed they called me. Sometimes the police ever taught at school about forced marriage or called me and I could not properly understand domestic violence and your choices? What would English. Then I would say to them please can you have helped you to understand your options and speak slowly and I will give you an answer. Then I where to seek help? called the Black Sisters at Southall and told them the Kiranjit: Can you repeat the question again, please? police had called me and they had something to tell me. Then they would call me there and then I would call back the police and they would talk to police to Q281 Mrs Cryer: Were you ever taught at school see if there was a problem. about forced marriage? That is the main thing? Did Mrs Cryer: Thank you very much. Your English is they ever at school teach you about forced marriage improving—it must be—you are doing well. Martin and what you could do to defend your own position? Salter is going to ask you individual questions. There Kiranjit: No, never. is no-one wanting to say anything else? You have all Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena said what you want to say on this particular part? Q289 Martin Salter: That is what you have to do? Martin will be talking about schools and other Imran: That is what one school did in Stoke-on- things. Trent. They put it up in the toilets so the families do Martin Salter: Who went to school in England? not see them in the hallways and get upset. We have Imran, did you go to school in England? posters of the Forced Marriage Unit with numbers V Imran: Yes. you can just tear o .

I am going to invite you to Q286 Martin Salter: Jagdeesh, did you go to school Q290 Martin Salter: in England, and Ajmal? agree with me, if you would, or not: would you go as far as saying that a school funded by the taxpayer Jagdeesh: Yes. has got no business refusing to put up something Ajmal: Yes. advertising a government-funded advice service for victims of violence? They have got no right to do Q287 Martin Salter: You have probably seen in the that? papers that we have been questioning why schools Jagdeesh: I would agree strongly. are reluctant to promote the services of the Forced Imran: I agree strongly. Marriage Unit. There was a case in Derby where Karma Nirvana has been campaigning for a long Q291 Martin Salter: What is your take on that, time to get proper guidance. I just want to explore Ajmal? with you this reluctance to oVend the elders or Ajmal: My take on it is that it could be saving oVend the community, which was very much at the somebody’s life if that poster is up there. That way heart of what you were saying, Jagdeesh. If a school that child would know there is help. For nine out of in the current situation, without proper guidance ten if there is no poster and there is no number to from the Department of Education (and that is what ring on forced marriage, they are just going to agree we are hoping to get) took it upon itself to actively to it and go along with it. The individual, whether it promote advice services to girls or young people at is a male or a female, as a human being they have got risk of being forced into marriage against their will, a right to know. how do you see communities reacting to that? Do you think they would start to take their kids away Q292 Martin Salter: My last question really is to from the school or do you think there would be everybody. It is very clear that for the vast majority attempts to take over the school governing body and of people that do not come from cultures where challenge the policy? Play it out for us as to the risks forced marriage is a reality, this is an area of huge that schools would run in these situations. ignorance. Margaret and a few others have done Jagdeesh: I think there would be a combination of some work on this. We are doing work on this which pressure of the kind that you have mentioned. In we hope will be quite ground-breaking and challenge Surjit’s case for example certainly there was a things but by and large your average teacher or Metropolitan Police poster put up of disappearance doctor or health visitor out there really has not got and reward in a west London Sikh faith school a clue and is very nervous about being seen to upset traditional values. How do we challenge it, because it seems to me there is a job of work to be done not *** just in these communities, not just in schools but amongst the population as a whole to understand the diVerence between an arranged marriage and a Whilst the Metropolitan Police had convinced the forced marriage and how you spot the warning head teacher to put the posters up to start with, the signs? other side put enough pressure on the head teacher Jagdeesh: It will not happen very quickly. Over years to then dramatically remove them. So it is a there needs to be a programme of awareness-raising demonstration of the power of individuals I would amongst these very sectors to explain what a forced say. If enough individuals are able to make enough marriage is and the characteristics of it. Over the course of years professionals need to be inducted of a fuss, rather than a community make a fuss, into that training and they need to be given that which is often the misguided term we use, I think awareness so that should they come across a patient, schools frighten themselves into thinking, “Let’s client or whatever, they can pick up on the signs if withdraw from that and let’s not invite the fuss. they are implicit or explicit.

Q288 Martin Salter: What do you think Imran and Q293 Martin Salter: Do other people agree with Ajmal? that? Imran: For me it is like saying you are upsetting Imran: Yes, and also my main issue is to get it to the families but I do not see that. You have posters on community leaders, the imams in mosques. I am not drug use and domestic violence; what is wrong with a practising Muslim but I go every Friday and while forced marriage posters? At least kids and pupils will the imam will say, “It is Ede this day, it is Christmas know there is help out there to get some help. We this day, you have to read this and read that,” they have to stick them up in toilets so that they just take have never once talked about forced marriage. If the numbers so the families do not see the posters. they did it would make a big change. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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Q294 Martin Salter: Kiranjit, you went to prison Ajmal: I think personally myself it would help and you would have told your story to lots of because it is going to put certain people oV. They are women. Did they understand in prison what was going to think twice if they had to wait until 18 and going on in your community? now they have got to wait until 21. Obviously there Kiranjit: In prison the prison oYcers were very good. will be pressures on families that they cannot take They understood arranged marriage. It was not a that step. forced marriage but I was forced to live within the marriage. I could not get divorced. I tried my best to Q299 Mrs Cryer: Do you think that young men and get out from this situation. I think it is education in women of 21 perhaps have a greater ability to schools and more awareness. Doctors and police— withstand pressures from their parents than perhaps there should be a training centre and they should be someone of 18? trained properly and things like that. I am telling my Ajmal: I think they will start understanding things a sons, “Don’t do anything to your wives,” so they little bit more because they will be a bit more mature. understand. I say, “Whatever happened to your At 18 they are just going to go along with their mum, do not do it to your wife or girlfriend.” I parents still. would not force them to go into an arranged marriage and they understand. Q300 Mrs Cryer: You may not have a job at 18 and be less independent. Q295 Martin Salter: Has Anita got anything on this? Ajmal: Sure. Anita: I agree with her. Because I read her story and I watched the movie, and seriously— Q301 Mrs Cryer: Our proper Chairman, Keith Vaz, has just arrived and I do not know whether he wants to participate or not but until he tells me to the Perhaps we need to see your Q296 Martin Salter: contrary I will carry on. Is there anyone else that movie as well. Ajmal? would like to comment on the upping of the age from Ajmal: Obviously you will get a small minority of the 18 to 21? Do you all agree? public disagreeing and saying they should not be put Imran: Yes. up, but it is a bit like speed cameras; everybody is moaning about them but after a while they get used to the idea. It is just like a normal poster. When they Q302 Mrs Cryer: You all go along with what Ajmal first get put up obviously they will get a shock. has said. Do you think forced marriages are often carried out in order to get a visa to the UK, by either a man or a women, to get in from the subcontinent? Q297 Martin Salter: Ajmal, I have got to put this to Ajmal: Yes, that is true. you, it is more than posters; doctors and teachers are trained now to see signs of child abuse. It is really the Q303 Mrs Cryer: You think it is visa based? point you are making, Imran. Are you not telling us Ajmal: I think it is visa based because every marriage that people need to be trained to see signs of people is safe. They will get married and just up to that limit being forced into marriages? where it says this person has got indefinite leave, Imran: May I also say the guidelines should be whether it is a male or a female, the marriage will end compulsory as well in health and education saying from that point and they will say, “I don’t want to they have to read them because otherwise they just live with you,” or they sign a contract beforehand get gathered on the desk. saying, “Okay, I will marry you just for the visa,” Martin Salter: I would bet my house that our and they will stay okay until that time. eventual report will conclude that there should be compulsory guidelines. Q304 Mrs Cryer: I have got to say I get a lot of very angry young women coming to me about this and I Q298 Mrs Cryer: There are guidelines that have am sure we all do. Does anyone else want to gone out from the Education Department and the comment on this question of do people marry in Health Department to all schools. The question is do order to get a visa in order to come here? Do you all those guidelines stay in a drawer and everyone agree with what Ajmal has just said or do you have ignores them or are the staV made aware of them? adiVerent view? You never know when it is going to crop up so they Jagdeesh: I think there is a huge practice of this should be aware of them. I am going to move on to across communities certainly and often females are immigration issues and I am going to ask all of you the bigger victims in all this. UK-born and UK- a couple of questions. We are running out of time settled females are used as marriage fodder for a lot and we might have to hurry a bit and at the end I am of aspiring males who want to get over, and once going to have to run almost. Do you think that they are over and settled and permanent, they can go raising the age for sponsoring a marriage or being on fishing for bigger fish out there. sponsored for a marriage from 18 to 21, which has been suggested and may be brought in later this year Q305 Mrs Cryer: Have you any ideas about how we would reduce forced marriages or would it just push could get round that or how communities could get marriages back by three years and possibly lead to round that? Have you any ideas about how perhaps girls being imprisoned in the subcontinent for those community centres or mosques, or whatever, could three years? What do you think, would it help? act as marriage bureaus to encourage marriage Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena within the settled community rather than doing it issues is 16 but the majority are 18. Why do you this way? I have thought long and hard about this think that at 18 somebody is not in a position to and I have not got a solution I am afraid. make a decision like that and what would be the Jagdeesh: The whole subject area of community diVerence when they were 21? Would it not just push bodies like mosques and gurdawaras and others, it is the issue further? an area that needs extensive exploration and we need Jagdeesh: I think this will create legal complications to start from first principles. There is a huge glut of and moral complications in the application of a inaction and cover-up and “don’t care, don’t do” double rule if in the UK, as you say, 18 is the starting and I think before we even get to the point you are point at which you can legally get married. I think it now suggesting there need to be several preliminary is an area that is full of valid, understandable steps to say to them in semi robust terms, “Enough opinions but one needs to give it more detailed is enough, as public institutions although serving a thought and one needs to ask whether forced particular community, we expect you to perform a marriage is the essential subject area that we want to public duty on this subject, and if you are not going try and look at and whether raising the age will to, then maybe we need to consider our position in address that or whether there are other ways, such as legal terms as a government in terms of the way we something like the primary rule aspect, or engage with you or do not engage with you.” I think something, whereby would-be marriages need to be morally it is repugnant that you have got these huge more vigorously scrutinised rather than shifting the institutions, hugely financed actively colluding with age gap. It is the would-be marriage that needs to be these kinds of practices. scrutinised to verify that it is genuine.

Q306 Mrs Cryer: Does everyone agree with what Q309 Margaret Moran: So a debate around the age Jagdeesh has just said? might be a distraction from looking at some of the Imran: Yes. other issues? Jagdeesh: I think it is a distraction. Shifting the age sounds good and simple, but on further examination Q307 Martin Salter: Can I ask a controversial question. Was the problem made worse when we got it distracts, it does not inject any obstruction against rid of the primary purpose rule? The primary false marriages. It is the forced marriage bit and purpose rule was put to us as people who were whether it is a valid, meaningful marriage that needs elected in 1997 as something that was artificially to be scrutinised. keeping families apart, but the one argument that was, on occasion, made in favour of it—and I do not Q310 Margaret Moran: We should focus n the know if it had any validity at all—was that it was a outcomes in relation to forced marriage. Thank you, check against attempts to force people into that is very helpful indeed. marriage. I really do not know the answer; I just Jagdeesh: Yes. want to ask the question because I think it has to be asked. Q311 Margaret Moran: Has anybody been in the Jagdeesh: Can you define the primary purpose rule position or know somebody where they have been for us? forced to sign papers to say that there is a subsisting Martin Salter: The primary purpose rule allowed relationship and, in particular, do you know of immigration oYcers and the Home OYce—and anybody who has tried to alert the Home OYce Keith will know better than anyone—to refuse an Immigration Service to that happening? Is that entry clearance visa because they were not satisfied anything within anybody’s experience? that the marriage was genuine. Ajmal: After my first wife I was talking about, Mrs Cryer: That was the primary purpose. Angela, they forced me to go through another Martin Salter: That it was the primary purpose of marriage, and they were saying I had signed the the application in other words, but you are probably papers, and I could not remember that I had signed too young, to be honest. We are too old rather; you the papers. They forged my signature and got it are not too young! stamped from the High Court of Pakistan from Mrs Cryer: I will move on unless, Keith, you want to Islamabad stating I was legally married to this girl. come in? I was not agreeing to it and she tried to get a visa and Chairman: I am fine. she got entry clearance as well for coming to the UK. Mrs Cryer: We will move on to individual questions I went to the airport. My uncle was a barrister in and the first two will be put by Margaret Moran. Pakistan and I told him about it and there was a stop put on it, but most people have not got those kind of Q308 Margaret Moran: I wanted to follow up one of facilities that they could go to higher places or the questions that you raised earlier on. Some of the anywhere to get that thing stopped. For many in the questions have already been covered so it is better Asian community, what I am saying is, or any not to repeat them. Coming back to the issue, you community, it is the same risk factor. were all of the view that the age for sponsoring marriage should be raised to 21. Was that what you Q312 Margaret Moran: Because we heard that this were all saying? Does everybody agree with that? was happening and that the immigration oYcials Could I just probe that a bit. Obviously in the UK, were not paying attention or were not listening. You the age at which you are deemed to be adult enough seem to be agreeing with that? to take decisions and take responsibility on some Ajmal: Yes. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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Q313 Margaret Moran: Just one final question, it is tradition of forced marriage and, I am going to be really to Anita but perhaps Kiranjit with her honest here, a degree of corruption, and therefore experience of Southall Black Sisters now may be able even with the best will from the Foreign OYce and to help. We changed the immigration rules in the Metropolitan Police it is going to be the devil’s relation to domestic violence and I think you are own job in some circumstances getting the police in involved in this right now. Does anybody have a a foreign jurisdiction with an acceptance of forced view on how long it takes to deal with that? marriage to take these thing seriously? Meena: Anita’s application has not gone in yet. One Jagdeesh: No, I would not agree entirely with what of the things that is happening is that it has taken you have said; I would agree 50%. OZoading the several months in which to collate the evidence problem purely onto Punjab police because the solicitor has applied to the police for maladministration and malpractice is not a their report but they are saying it will be 40 days suYcient answer. before they will supply the evidence and with the GPs it could be roughly 20 days before they supply that evidence. When you have got agencies like ours, Q315 Martin Salter: Fair enough. Y it could take a week before we provide that evidence Jagdeesh: I think the Foreign O ce from basic first because we are also burdened with quite a lot of principles has demonstrated it beautifully in the work and it is diYcult to churn it out very quickly. Lucie Blackman case in Japan where they picked up In some cases it has been three months and in some her case within a matter of hours and started to bang cases it has been six months and in some cases it has on the door of the Japanese Prime Minister, no less, been years before they have had a decision, so it as did and , and indeed our varies from one case to another. Where I am PM took up her case at the G8 Summit, no less. The expecting a decision not to arrive fairly quickly I am Lucie Blackman case is a powerful case study that I surprised because it has arrived within three months, have continued to highlight as a comparator to what so it does vary within the Immigration Service how did not happen in Surjit’s case. In the Lucie quickly they respond, but it does take time. The Blackman case, you had the case of a British citizen other problem for a lot of these women is accessing who disappeared in Japan. We had our Government good legal aid immigration solicitors. Often they end (commendably or opportunitistically) pick up her up with solicitors who are charging them and when case and start to demand not an investigation but a they come to organisations like ours and we say you reinvestigation by the Japanese police. They can actually get legal aid they then realise they are demanded that not from the head of the Japanese paying for something they should not be. Then they police, they demanded that from the Japanese Prime are referred to another solicitor who may take on the Minister, and that kind of formal pressure had V case. A lot of the good solicitors are finding it very massive e ect. You saw the very next day after Tony diYcult because they are constrained by the Legal Blair and the Foreign Minister and the Foreign Y Services Commission in terms of the hours they are O ce started banging away, as you did with the allowed to do. One of the things that we are having Gillian Gibbons case in the Sudan, the Japanese to now do is to help those solicitors in preparing police, instructed by the Japanese Government, re- statements and help collecting their evidence open that case. It was re-opened and excellent results because they do not have enough hours in which to emerged. What you did not see in Surjit’s case at any do that work and there is a huge burden on the point unfortunately, was our PM or our Foreign voluntary sector now to do that aspect of the work. Minister giving Surjit’s case anything like the degree of priority they were ready to give to the Kirsty Jones Margaret Moran: Thank you, that is very helpful so there is a delay before you get to the application and case in Thailand, the Lucie Blackman case in Japan a delay afterwards? I cannot remember whether we and indeed the Ian Stillman case and the Peter asked Southall Black Sisters for a note on that but if Bleach case in India where legal rules and legal we did not could we possibly ask for one. convictions in the Indian courts were circumvented for Peter Bleach and Ian Stillman (although it was a Martin Salter: I think that would be a good idea. suspected miscarriage of justice) to bring them back Mrs Cryer: Martin is going to ask the last two questions and then if Keith Vaz wants to come in he here based on direct approaches by the British can do. Foreign Minister. The critical issues about the Foreign OYce are these: at no point in Surjit’s case or indeed in any other case, and indeed even now in Q314 Martin Salter: Jagdeesh, you talked about the the Manjit Kular case, have they applied those response of the Foreign OYce and the diYculties of substantive levels of formal representation on cases dealing with the police in the Punjab and elsewhere. of Asian women who have disappeared in India. I have to say I was involved with the Ian Stillman They have not applied the same levels even for men case and it was a nightmare for us dealing with the who are from Asian communities who happen to be police there and it was quite high-level Foreign caught up in jails or be victims of deaths in India. It OYce involvement and a lot of pressure put on by is something that they seem to be paralysed on, the faith groups. I suppose the question I have got to unwilling to do, and yet they are prepared to do this, put to you is, are there not two problems: the first is I have to say this with great pain, for Gillian getting the police here to recognise it seriously and to Gibbons in Sudan, and you saw the bombastic prioritise it; and, secondly, of course, we are dealing statements that were being made even to the extent with some police networks in the Punjab and of economic sanctions. We simply have zero eVort elsewhere which have a tacit approval of the being made by the Foreign OYce in these cases. I will Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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21 February 2008 Jagdeesh, Imran, Ajmal, Anita, Kiranjit and Meena give you a further example. It took me five years— so that every case is monitored by ethnicity so that five years—of campaigning, letter writing and we can assess what types of cases by ethnicity get parliamentary questions to get a face-to-face what kind of service. I am sure that has not been meeting with Jack Straw. Lucie Blackman’s family implemented. I do not know. got a meeting with and Robin Cook within five days of her disappearing. What a contrast. I had to pressure, prod and frustrate the Q317 Martin Salter: Thank you, Jagdeesh, that is Foreign OYce for five years to remind them, “Have very helpful. My final question is to Imran. I want to you at any point made any formal representation get underneath the reasons for why your family were about the disappearance of a British citizen, ie Surjit, so keen that you married your younger first cousin. to the Indian Government? Have you done that at a Was it entry clearance into the UK? Was it about formal level?” The British Foreign OYce oYcial consolidating family monies and inheritance and turned round and said to me, “Jagdeesh, you have land? What were the reasons or was it just a done caught us out there. We have not done that at all.” deal? Surjit disappeared in December 1998. It was not Imran: As soon as I was born and she was born, it until 2003, after a lot of banging and questioning, was already done, as soon as I was born. that the Foreign OYce instigated a proper letter to the Indian Ministry of External AVairs to say a British citizens has disappeared in mysterious Q318 Martin Salter: I know, but why? What were circumstances. their motives for trying to pair you oV? Imran: For her to get over to the UK. Q316 Martin Salter: What diVerence did that Foreign OYce letter make? Did that start to free things up? Q319 Martin Salter: Just to get her into the UK, so Jagdeesh: No it did not because the letter was sent you were basically a ticket to get her into the UK. and there was no attempt to follow that up. There Imran: Yes basically and it was more to keep the was no attempt to follow that up. It was just a family within the family so she could come and get ceremonial exercise to satisfy us as a family. We also an education, she could eat properly, she could get got a meeting with Jack Straw, no less, five years late what she wants to get in life. I did not have a say though it was. Jack Straw was forthcoming to say to because as soon as she was born, when I was ten we me, “Jagdeesh, we have made mistakes on your got engaged. When I was born they had already sister’s case and I want to personally turn this promised me to my uncle’s daughter so at the age of around now.” He promised me no less that, “I’ll get ten I was engaged. on to the Indian Prime Minister literally tomorrow on the phone and I’ll be raising your sister’s case.” I was left positively aghast that he was making all Q320 Martin Salter: Did they do this to other these promises to me now. He also said, “I agree with members of your family as well then? your recommendation that Surjit’s case should Imran: No, just myself. I have got three brothers and receive a senior level investigation in India which ties two sisters all in arranged marriages. Where the two up with the investigation here and I will be pressing parties consent that is an arranged marriage but for for that through the Indian Central Bureau of my brothers it was to keep my mother happy. They Investigation.” Those promises were made to me in did not want to get married but just to keep my front of several people including MP John mother happy they consented where I stood my McDonnell in November 2003 I walked away from ground and I did not want to get married. that meeting cautiously optimistic. It is 2008 now and I have not heard anything from Jack Straw’s oYce ever again, even after a letter of reminder Q321 Martin Salter: So there was a degree of about that. So promises were made but never coercion, a degree of enforcement or pressure put on fulfilled. What has happened is the Foreign Minister even in the arranged marriage situation? and the Foreign OYce have left an extremely bitter Imran: Yes, absolutely. When my mum was in taste in my mouth certainly. In all cases of South hospital, when I said in Punjabi, “What can I do to Asian woman who happen to have disappeared help?” the first words out her mouth were, “If abroad in India or Pakistan, they seem to display anything happens to me, it will be your fault.” What this unexplainable chronic paralysis and moreover could I say to that? plain double standards. I just cannot understand why other than it amounts to some degree of discrimination. Why are a diVerent set of pressures Q322 Martin Salter: Last point, just a stab in the being applied in one case and why are those not dark from you: what proportion of arranged consistently applied in other cases? Why? Those marriages within your community—and I am only were the simple questions we put to Jack Straw and going to ask you to talk about within your he was both nervously and embarrassingly accepting community or within your experience—have got of that. He said, “There is no explanation for that. absolutely no coercion in them at all, no pressure? We need to clean up our act.” He even promised to Imran: With my sisters, I mean, there was no introduce a system of monitoring, he said, which we pressure with them because they agreed just to keep had recommended and given to him in a draft form, my mum happy again. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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Q323 Martin Salter: That is pressure, is it not? to be a very hard-hitting report. Only yesterday the Imran: Yes I suppose. leader of the Conservative Party set out a new policy for his Party on forced marriages involving Q324 Martin Salter: That is the point. Forget your criminalisation, so even though this has been to family; the wider community. This is what I struggle some extent put on the sidelines (apart from people with and we as politicians from our backgrounds like Margaret Moran and Ann Cryer who have been struggle with, what is the diVerence between campaigning for many years on this issue) arranged marriage and forced marriage? How do Parliament will take it seriously and all the points you define a genuine arranged marriage? that you have made will be acted upon. In fact, we Imran: An arranged marriage is where the two have got a note of this meeting and I will write to parties both consent to the marriage, a forced David Miliband and ask what has been done as a marriage is when one consents and one does not. result of your meeting because of the point you make Martin Salter: I will leave it there. Thank you very about the treatment in particular by the Foreign much. OYce of certain types of people being quite diVerent in certain circumstances. We are going to have the The Chairman resumed the Chair Foreign OYce before us. We have asked for the entry clearance oYcer from Islamabad to come. Is Q325 Chairman: Thank you Martin. Unfortunately, that the right post to get here? It is Pakistan rather Ann Cryer had to go to another meeting and than India. I know this problem is in India as well Margaret is having to disappear as well. We have but we had to choose one of them, so we have chosen come to the end of our session in any case. I Islamabad as the post to bring the entry clearance apologise for not being here at the beginning; it is a manager over. Is that the right thing to have done? heavy day for Home OYce issues. I wanted to thank Jagdeesh: I think you should go much senior than all of you for coming. This is a very diYcult thing for that and you should go for the British High you all to do. You have lived with these problems for Commissioner. This has been the critical problem; many many years and we are very grateful to you for the Foreign OYce is quite happy to delegate to a coming here. I am only sorry that we could not have junior person somewhere in the system and these this in a public setting. I know many of you have cases get relegated down. spoken privately but some of the points you made, Chairman: It will not just be a junior person, it will Jagdeesh, are best made publicly in terms of getting be a head of visas, but obviously if the High people to listen. However, I can assure you even Commissioner can come we will have him and we though this is a private session everything that you will pursue this then. Thank you very much for have said will form part of our report. We want this coming; we are very grateful. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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Tuesday 4 March 2008

Members present

Keith Vaz, in the Chair

Ms Karen Buck Gwyn Prosser Mrs Ann Cryer Bob Russell Mrs Janet Dean Mr Gary Streeter David T. C. Davies Mr David Winnick Margaret Moran

Witness: Ms Diana Barran, Co-ordinated Action Against Domestic Abuse, gave evidence.

Chairman: Can I welcome you to this latest session about it, would have defined as a crime would come in the Home AVairs Committee’s deliberations on straight back to MARAC—whether it is domestic violence and forced marriages and refer all complaining about stalking to the health visitor or those present to the Register of Members’ Interests. attending A&E with an injury or reporting to a We are very grateful to you, Ms Barran, for coming refuge worker, or whatever it might be, that would to give evidence to us. We have one more session come straight back to MARAC—and so the after this in this inquiry, when we will be hearing definition of repeats at MARAC is not a criminal from the entry clearance manager from Islamabad justice definition, it is a safety definition, and that is about those who come from abroad. Margaret very important. I think it is quite widely Moran has the first question to you. misunderstood.

Q326 Margaret Moran: Hello. Some of us went to Q327 Mrs Cryer: In your report you said that if we Wolverhampton—I think it may only have been me were to have a full network across the country, 1,200 actually—to sit in on a MARAC, and we have heard IDVAs and 300 MARACs, it could well save the a lot of evidence from various witnesses about the public purse £250 million in direct cost. First of all, eVectiveness of MARACs. There has been criticism what is the evidence of that? Also, you suggest that that the MARACs only deal with the highest level of your running costs would be £15 million per annum risk and, thus, there are many survivors of domestic for this national service. This is more than twice the violence who are not being dealt with. What would budget of any other national agency. How would you say to that? The other criticism is that the you be able to justify that? measurement for eVectiveness is only related to Ms Barran: I will take the second point last. I think repeat oVences, which may be severely misleading, it must be a typo, because our running costs are since many victims and survivors contact agencies a currently £1.2 million and next year are forecast to number of times before getting appropriate help. be 1.5. They would obviously increase if the network How would you respond to those two criticisms? multiplied, but it would be nothing like 15 million. Ms Barran: On the point about high risk victims and the MARAC process only being accessible to high Q328 Mrs Cryer: I am sorry; I should not have said risk, just to put it in context, we know that about 1.5 15 million: five million. million people a year suVer domestic abuse. The Ms Barran: That is not just for CAADA support. As MARAC is targeted at the top 150,000, so we are I say, CAADA today is 1.2 million and next year we talking about the top 10%, so it is quite a big universe are budgeting on 1.5, and we are expecting the of high risk. That is the first point. Secondly, we are network to triple and our costs to roughly double in a country with limited resources, and so, in terms within that; so there will be some economies of scale, of how we prioritise our resources, I think it is only but, obviously, there is more training, there is more defensible to look at those who are most at risk of support and there is a whole lot of additional work being killed or seriously injured or whose children outside this programme that we are looking to will be damaged by the abuse. Finally, in terms of develop in relation to the accreditation of services so information sharing, we can only share information that we get consistent service provision. I can talk legally without consent where the victim survivor is about that more if you want. high risk. These legal and practical resource issues are the reasons for only taking high risk victims Q329 Mrs Cryer: But you are saying it would today. In terms of your point about repeat definitely be less than five million? victimisation, I think it is a common Ms Barran: Yes. Shall I take your other question in misunderstanding. The whole point about MARAC terms of the evidence for the £200 million? Is that all is, you are absolutely right, victims of domestic right, Chairman? abuse may not go back to the police a second time and that may not be a good indicator of its success, Q330 Chairman: Would you, please. but the way that we measure repeats at MARAC is Ms Barran: The evidence for that comes initially repeats to any agency. The whole point is, if she does from Professor Sylvia Walby’s research, which she not go back to the police but she does turn up at did in 2004 for the DTI, on the cost of domestic A&E, any incident that the police, had they known abuse, and within that she separated out three Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Ms Diana Barran categories of cost: direct cost, which is obviously the achieve that through statutory means, fantastic; if cost of individual police oYcers or A&E staV,or we need to get it another way, then we need to get it whatever, attending incidents of domestic abuse, another way. and then indirect costs, which relate to the emotional suVering borne by victims and survivors of domestic We know that work is abuse and their families. We have excluded all of the Q332 Gwyn Prosser: underway to adapt or use MARACs for helping to indirect costs and we have broken her analysis down deal with forced marriages. During the course of the and done some analysis from other evaluations to inquiry we have met a number of victims of forced look at what a typical MARAC case might be marriage, or second victims, and it is clear that there costing our society today before it gets to MARAC, is a huge barrier of resistance amongst these young and we have looked at the number of times women, mostly young women, about approaching somebody might call the police, the number of times the police directly. Given that MARACs are they go to their GP, et cetera, and we have taken a primarily driven by the police, do you think it is an pretty, relatively speaking, uncomplicated case, and appropriate way forward and what work has to be I will not bore you with the details, but the figure that done to make it work? comes out of that is £10,000 per case in terms of Ms Barran: I think two things. In some places the direct cost. We have multiplied that by the number MARAC is primarily driven by the police, but what of victims who would get support from the MARAC we are seeing in the data that we are getting back and then we have taken an assumption on how many from MARACs around the country is that, as they of those would access safety as a result of that multi- mature, so other agencies feel more confident to agency intervention, and we have said that 30% of refer in, and so in the more established MARACs them would, and that is about half of the figure that about 30% of referrals are coming from non-police we are actually seeing today. Let us just say, these are sources. That is the first point. The second thing is to ball park numbers that we are trying to work with, say that MARACs clearly are not a magic wand for so let us put in a big cushion for where we might be forced marriage or anything else, sadly, but they are over-optimistic, and that gives you £300 million and, a very helpful tool in the toolkit. I think, in relation if you subtract from that the cost of the IDVA to forced marriage, they are more relevant, network, the MARAC co-ordinators and additional obviously, for those people who are at risk of forced support costs, not just our own but other marriage rather than those who have already been organisations in the sector, that gives you a net figure through a forced marriage. Thirdly, obviously, in of £250 million. I hope that is clear. most cases, where appropriate, MARACs will look at young people aged 16, 17 and 18, but, clearly, younger than that, it would be a child protection Q331 Mr Streeter: Do you think that the MARAC matter rather than a MARAC matter; but I would system should be put on a statutory footing? Do you come back to the key thing, which is that there is a think that would help the participation of other whole heap of work to do about awareness as a agencies, or do you think it would just encourage result of forced marriage in the education system more of a tick-box culture that is already out there and elsewhere and making sure that the MARAC is quite widely in the public sector? What do you think? accessible for other agencies to refer into is Ms Barran: I think that what we want to get in place absolutely critical. It is not going to be a quick win, systematically for the MARAC, and you would but it is really important that we work on it now, know better than I would whether the statutory because we are hearing of MARACs trying to deal footing will achieve that, is absolute standard with forced marriage today without necessarily the behaviour for all organisations who are involved in tools do it, and we have updated all our materials to MARAC to share information appropriately and accommodate elements of forced marriage and we feel that they are safe in doing so. At the moment we have had help from Karma Nirvana in doing that, so get, particularly among health professionals, very, we are doing our best, but we are all having to run very, diverging practice around the country and we very fast. need professionals not to feel that they are taking a risk to share information, they need to be absolutely Q333 Gwyn Prosser: Your current risk assessment clear about the limits of it and the boundaries, but assesses risk to women from male abusers. How also, where it is appropriate, to do so. That is one key useful is it for identifying the risks for male victims, thing, I think, that is missing today. The whole victims of same-sex forced marriages, and other so- quality assurance exercise for MARACs needs to be called honour-based violence? absolutely accepted and standard, and obviously the Ms Barran: We have been working very closely with resourcing of MARACs and all these services needs ACPO in relation to including honour-based to be reinforced. We have come an incredibly long violence and forced violence into the risk way in about 18 months since this process started, assessment, and we are going to be publishing a but most MARACs are massively under resourced revised version of that, and we are hoping that in terms of IDVA. The capacity in Wolverhampton ACPO will be doing the same, although it is slightly is fortunate in having decent IDVA capacity, but the more complicated for them than for us (they have IDVAs will do up to 80% of the work from the got a few more hurdles to jump) in April of this year. MARAC, so if you do not have enough of them it The whole language of that will focus on potentially puts a huge burden on existing agencies. If we multiple abusers and will address honour-based Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Ms Diana Barran violence specifically. As to the issue about male in so far. Certainly in our training the risk tool that victims, are you asking me specifically in relation to we have is valid in same-sex relationships, but we forced marriage or more widely? have an additional screening tool that we recommend practitioners use where it is harder to assess who the primary aggressor is. In relation to Q334 Gwyn Prosser: More widely. Forced marriage heterosexual abuse where it is a woman abusing a and honour-based, so-called honour-based man, I know that other people are doing work on violence? that. We do not do anything ourselves at the Ms Barran: To date there are various areas where moment. the MARAC has not been successful. As I said, it is Chairman: Ms Barran, thank you very much for early days, but one of those is certainly in relation to giving evidence to us today, it has been very helpful, victims from gay relationships, where there is just a and we will send you copy of our report when we tiny percentage of cases, nearly none, that have come publish it.

Witnesses: Mr Iain Wright MP, Parliamentary Under-Secretary of State for Communities and Local Government, and Kevin Brennan MP, Parliamentary Under-Secretary of State for Children, Schools and Families, gave evidence.

Q335 Chairman: We now have as our witnesses the Q337 Chairman: Ministers, some say that sanctuary ministers in the Department of Communities and schemes are just being used by local authorities as Local Government, the Parliamentary Under- easy alternatives to finding refuge spaces. What Secretary of State for Communities and Local evidence is there that the schemes really do make a Government, Iain Wright, and the Parliamentary diVerence, they make women safer and are what Under-Secretary of State for Children, Schools and victims want? Families, Kevin Brennan. Welcome ministers. May I Mr Wright: That final point, Chairman, is the key start with you, Mr Wright? Other than the sanctuary point, because I do not think a sanctuary scheme scheme, can you give examples of outreach should go ahead unless it has got the express consent initiatives which your department funds? of the victim. That is absolutely important. I do Mr Wright: Chairman, that is a big question and think sanctuary schemes are an important forgive me if I go on at length about this. There is consideration in terms of domestic violence. It whole range of things that we support, financially provides continuity, it provides stability, it makes and otherwise, in our department. I would mention sure that children who may be involved in domestic the £150 million that we have given in respect of the violence have the stability of going to the same next three years to local authorities in terms of school, which continues the point that I should homelessness services, which could incorporate, to imagine Kevin Brennan will want to talk about. some extent, domestic violence. That is the biggest Anecdotally, and I appreciate the limitations of this, ever cash injection in respect of homelessness the scheme has been a success. In Harrow, for services and demonstrates this department’s and this example, we have got something like an 80% success government’s priority in respect of that. In terms of rate in the ratio of referral to actual completion and other resource-based funding, I would mention the people that have been involved in it have said it has Supporting People initiative, which has been a huge been a huge success. Similarly, in Barnett, 90% of all success. It is going up in terms of the amount of people who have been part of the sanctuary scheme money that has been given in respect of domestic have expressed it as being a success. I appreciate that violence issues. there are limitations with regard to that, I also accept that it is rather anecdotal, and so I am keen to Q336 Chairman: We are coming on to that slightly commission research to have a broader evidence- later. You talked about a cash injection. What was based evaluation of the sanctuary schemes. As you the amount of cash? hinted at in your question, Chairman, the sort of Mr Wright: One hundred and fifty million pounds thing that victims are not forced into and it is being for local authorities. If I may go on Chairman, in considered in a comprehensive and systematic terms of capital funding, there is an issue with regard manner, so that, and I am being rather flippant here, to refuges for women and, in conjunction with the forgive me, it is not just a case of, “We will give you Housing Corporation, the department has invested an extra lock”, this needs to be done very much in £34 million to provide 511 new and refurbished consultation with: what are the risks involved, how units, and only last week the Housing Corporation does this address the individual needs of the victim continued this work by announcing another six and how we can move forward? million pounds for a further 113 units in the next Chairman: Mr Russell, do you have a supplementary comprehensive spending review. Then there is the based on our visit to your constituency? wider issue, Chairman, about housing supply and making sure that there is the available housing for Q338 Bob Russell: I would invite the Minister to go victims of domestic violence to be provided, and I and see for himself and roll-out the best practice think that is an important point and that is a wider across the country, because it is quite clear there are issue, whether we have got the homes available to insuYcient places for women who are at serious risk meet the needs of the population. and also the children in many cases. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Mr Wright: I understand that point, Chairman, and people who are fleeing domestic violence. I have in terms of what Mr Russell is saying, as I said, we agreed to take that away and look at it. I am very are keen to increase as much as possible the amount keen to make sure that we are considering this so of spaces available, and that is a wider and more that anybody who is fleeing—. One of the things that fundamental issue. Given the importance of Margaret Moran actually said, Chairman, at the domestic violence as an issue, I still think it is an committee was that it is very much a postcode lottery important point about the increase in housing in terms of what goes on. I want to stress-test that as supply, because we do need to have the houses that much as possible and make sure that the discretion meet the needs of the population in the twenty-first and definition of vulnerability that Margaret Moran century in this country. One of those things will be mentioned in the committee is addressed, and I that we need to make sure that women, promise to report back, at report stage of the bill, predominantly women, although I recognise it is not further progress but I am very keen to work on this. just women, who are fleeing domestic violence have I think this is an important matter that this appropriate accommodation to go into. It is department, and me personally, needs to be absolutely key and something that my department, dealing with. and me personally as a minister, would wish to support. Q341 Ms Buck: There clearly is a discrepancy between what the department says happens and Q339 Ms Buck: As you said, the issue is setting sanctuary in a wider context of housing supply, but what is actually happening on the ground. Is this the survey done by Women’s Aid found that two- something that you are able to close? Another thirds of those who responded said that women were example of this: I met a woman recently who was on actually waiting longer than they were two years ago her ninth temporary accommodation address in ten for moving on from sanctuary accommodation into years. This is not supposed to happen. Why does it sustained temporary or permanent accommodation. happen? Why is that? Mr Wright: It is not good enough. I admit that. Mr Wright: I think there will be an element of silting What I would be suggesting, and what I want to do up in the system. I can understand that. There is an as much as possible is undertake policy that is issue with regards to housing supply, which we have evidence-based. I have mentioned research into already touched upon. I am keen to make sure that sanctuary schemes, which I am keen to address. I the sanctuary scheme does work eVectively. As I was also struck, Chairman, by the evidence given to said, I think that provides an element of stability, this committee by Ms Harwin, who I understand is but, as I said, the wider and more fundamental issue the Chief Executive of Women’s Aid. In terms of this of housing supply is something that we need to silting oV of the process, I am keen to go in, look at address, certainly in the urban areas, and certainly this and make sure that the vision of the department we have had letters and met about things like how to and the Government, in terms of accommodation borrow accommodation. It is very important we which is appropriate for the victims of domestic have an holistic approach to this. I would suggest, violence, matches the reality on the ground. It is a Chairman, that we make sure that it is not just very important, incredibly diYcult and complex meeting the accommodation needs, important issue that involves a great deal of broader issues though that is, it is making sure that any connections about housing supply, but, in terms of the priority of that a victim may have in terms of family support in this government in terms of housing, I think it is a particular area is addressed as well, and that is why something that we are addressing and making sure out-of-borough accommodation is quite an that that vision matches up with the reality. important point that we have corresponded about.

Q340 Ms Buck: We have, and, indeed, one of the Q342 Ms Buck: Do you actually know who gets things that Women’s Aid found, which very much nominations for social housing? confirms my own experience, is that there are Mr Wright: In terms of the department? occasions when households are oVered accommodation which is unsuitable for their needs Q343 Ms Buck: In terms of the number of people in a number of ways and are then declared V intentionally homeless as a consequence. In some who enter the system through di erent channels who cases this is because they have been reluctant to take then end up getting a tenancy and where they come out-of-borough accommodation, miles away from from; whether it is domestic violence or medical their home. Is that acceptable? priority or other routes into homelessness. Mr Wright: It is something I would like to look at. Mr Wright: We get some degree of information In terms of possible legislation, I am taking the through the P1E form, but there is always tension Housing and Regeneration Bill through the House between how much data we collect and how much of Commons at the moment. There was an we leave to the discretion of the local authorities in important amendment tabled by Andy Love that respect of the devolution agenda, with local needs was supported by Margaret Moran with regards to being addressed by local measures. I understand that vulnerability. This is the sort of thing that I thought tension and a balance needs to be struck as to where was an incredibly powerful and eloquent argument we need to be. It is very important, but I understand about vulnerability and the test of priority need for your point. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Q344 Margaret Moran: I am going be boring and the Woman’s Aid in my constituency. This is a refer back to postcode lottery provision, particularly serious threat and, I am sorry, your answer and your the evidence that we have received. If you have read department’s answer is not good enough. the evidence from Nicola Harwin, you will have seen Mr Wright: Let me look at that. Mr Russell, I have that there is an on-going concern regarding read the submission and the transcript of earlier commissioning under Supporting People, that the sessions of this Committee where you have raised thrust of the guidance, or the thrust of what is this very issue. I am very concerned at the loss of happening with local authorities through the expertise and capacity on the ground, the tendering process, is for more generic services, thus unintended consequences of making sure that we losing the specialisms of both Women’s Aid and, have eYciencies, and I am keen to address that. I more acutely, BME women’s support services. We hope I can pledge that to the Committee. were at Ashiana yesterday, who are losing two of their workers. We understand that Southall Black Q347 Margaret Moran: Perhaps we could have a Sisters, one of the most long-established in this area, note specifically about BME women’s special dealing with both domestic violence and forced services and, whilst you are doing that note, would marriage, is under financial threat partly because of you look at what I call the Darra Singh the way in which tendering and commissioning is consultation—you know what I mean: community happening. What can you do to ensure that we have cohesion—which also appears to veer in the same some ring fenced funding so that those services do direction, in other words focusing more on generic not vanish entirely. In Scotland they ring fenced services and squeezing out specific BME support Supporting People. Why cannot we do it here? services? I think the thrust of your department is Mr Wright: That is a very important point. I think it going in that direction. It is not just Supporting Y is very important that we have e ciencies in the People; it is a whole range of initiatives. Could I ask Supporting People programme. I do not think you one further question which is about no recourse anybody would dispute that. In terms of the to public funds? You no doubt are aware that we are expertise that has been built up on the ground, it is in a situation where BME women, where they have very important that we retain that. My department uncertain immigration status under the domestic has provided funding and round about three and a violence rule but are applying for status, have no half million pounds over the last three years to recourse to public funds. Why is it that your provide advice and capacity building for the department does not want the advice to local umbrella firms in respect of the voluntary sector. authorities to be strengthened? Currently the advice Recently the Housing Association charitable trust on helping to fund those survivors or victims who has been given half a million pounds to come up with have no recourse is simply for information only. ways in which that expertise that you were referring These women become destitute as a result, because to is captured and retained as much as possible. It Women’s Aid and other hostels simply cannot could be through a whole range of things—it could aVord to take them, and the funding that was be through subcontracting and sub-tendering, it available to try and help out through Women’s Aid could be through consortia—but I am very clear, has now gone. Why is it that you have not evaluated and I would be very keen, Chairman, as to the the impact of the information, not even guidance, examples that have been mentioned today, if you nothing stronger than information, to local could give me evidence of that so I can take it away authorities and what is actually happening to those Y and see where the di culties have been in respect of survivors? tendering and procurement and what we can do Mr Wright: In terms of recourse to public funds, one centrally to address that. of the whole intentions of Supporting People is that it is flexible and mobile so that it follows the person Q345 Chairman: Members of the Committee went to who is actually accessing that rather than being quite visit Southall Black Sisters and, as a direct result of strict and silo-based funding. In that respect I am the process that you have initiated, it may well close. fairly happy, but I am also keen to go away and look I have written to the leader of the Council about this, at the issues that you are concerned about. and he said, “This is what the Government has asked us to do.” That is the evidence. Q348 Margaret Moran: They are not entitled to Mr Wright: I am very keen for them not to close, any support? Chairman. As I said, I would like to look at that Mr Wright: Chairman, let me take that away and more closely and make sure that any diYculties that look at it, because I am concerned with what you are have been put in place because of tendering and saying. As I said, my very clear intention is that it is procurement guidelines issued centrally are very flexible and mobile, it follows various groups addressed so that we can resolve this. who are at risk (1) of being mobile and (2) in danger of being destitute. Victims of domestic violence is Q346 Bob Russell: Mr Wright, the unintended one group, gypsies and travellers are another, but consequences of the legislation are already that is certainly an issue I can take away. happening. Margaret Moran has said so, Nicola Harwin of Women’s Aid told this committee and Q349 Mr Winnick: Mr Wright, you said in reply to gave a specific incidence where a local authority had, the Chairman that you are looking into, or will look in eVect, removed 30 years of experience, and the into, the position of the Southall Black Sisters. Chairman and I had the same warnings yesterday at Clearly, I think you will recognise it will be a Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP devastating blow—I do not think there is any other Q354 Gwyn Prosser: Mr Brennan, yesterday we way to describe it—if it was forced to close as a result visited Ashiana in Leytonstone and we had a of a new formula the local authorities intended to briefing from a young outreach education worker. use over financing. Would it be possible for you to Her role is go into schools and talk about the give us a note in the next two weeks about the domestic violence issue, about forced marriages and situation? give advice, and she made it very clear to us that Mr Wright: Yes, I will do that. there were some very strict barriers which were Chairman: If we could ask for it by next week, stopping her doing her job properly. Some schools because the Council is considering this. I will send would not have her at all, other schools limited what you a copy of the letter from the leader of the she could say and quite a number of schools would Council and if you can report to us next week, that not even allow her to leave leaflets or put notices on would be very helpful. the notice board. The worrying factor is it seems that those schools which were resistant probably house a greater proportion of those girls and young women Q350 Mr Winnick: We will have it by next week then. who would be victims of violence. What powers does Mr Wright: Yes. the department have to instruct schools to adopt measures to tackle domestic violence and forced marriage? Q351 Tom Brake: Mr Wright, I believe that local Kevin Brennan: Chairman, all schools should be authorities have an option of choosing the two dealing with matters relating to the safeguarding of domestic violence targets as part of the indicators in children, including domestic violence and forced the new local area agreement system, and those are marriage. I read with interest the evidence you have reducing repeat victimisation and reducing taken here in the committee and the reports as well homicide. Would you happen to know how many as the letter from Martin Salter, and, in fact, local authorities have indeed adopted those Chairman, we have done some more work, which indicators or intend doing so? your committee might be interested in in the Mr Wright: Out of 150 authorities, 150 so far have meantime, through government oYces to find out pledged to do that, although we are still in the what has happening in various parts of the country process of negotiation with those local authorities, where there is a particular problem in relation to so that could alter. I would anticipate, in terms of the forced marriage. I could give you a little bit of a direction of travel, that would increase. flavour of the sorts of things that are happening, but perhaps it would be better if I provided you with a longer note after the committee session because Q352 Tom Brake: That is good news. Are you confident, however, that under the new local area there is quite a bit of work that has been done. What agreement arrangements there will be an ability not we have done is looked into the issue of what is just to focus on perhaps the highest risk cases but happening in schools in relation to information also the wider range of cases? about forced marriages, and it is not just an issue of Mr Wright: I do think that in the new system that we posters, Chairman, as I am sure you appreciate, it is are proposing, in terms of local area agreements, an issue of to what extent is there a culture within local authorities will have the discretion to focus on schools of being prepared to take on this issue. Every V the areas that most concern them and also to be school must have a member of sta whose job it is to more nimble in their responses. I think that is look after the safeguarding of children. Every person important. The previous BPVI was somewhat blunt working with children in school should receive and did not take into account circumstances or training in relation to the safeguarding of children, direction of travel in terms of the 11 questions that including issues of domestic violence and forced they answered and then came out magically at the marriage. In our evidence that we have been Y end, yes or no. In that respect I do think the new collecting from the government o ces over recent local area agreements and NI32 will be a lot better weeks about this, I think it is fair to say there is a and allow local authorities to be much more variable performance around the country in relation responsive. to what is going on. In some areas there is very good practice going on whereby the issue is being taken very seriously, and often leaflets are being used Q353 Tom Brake: Is there anything that the instead of the posters that you have heard evidence department will be doing in terms of monitoring the about previously; in other areas of the country, I progress in relation to the performance indicators? think it is fair to say, there is insuYcient awareness, Mr Wright: As part of that negotiation, as I and what we are intending to do in building on all the mentioned earlier, this is certainly something that we work that has gone on about safeguarding children will be talking to local authorities about. and on this issue of forced marriage and domestic Chairman: Thank you, Mr Brake. We now turn to violence in recent years is to do a lot more work with Mr Brennan. Thank you for sitting there so the Forced Marriage Unit in the months to come to patiently. As you know, this matter was raised design better materials for schools; because I think it during the course of our inquiry by our colleague is fair to say, if you have seen the poster, Martin Salter, who cannot be with us today. He Chairman— raised it at Prime Minister’s Questions and he has written to the Secretary of State about it. Gwyn Q355 Chairman: Here is the poster that Gwyn Prosser. Prosser was referring to. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 62 Home Affairs Committee: Evidence

4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Kevin Brennan: Indeed. tolerance of domestic violence, male against female, then that is a very hard nut to crack. What can the department do to penetrate that? Q356 Chairman: What gave rise to this was the fact that in Derby this was not being displayed. That is Kevin Brennan: Chairman, as you know, there will why we are keen to know, and that is why Mr Prosser be guidance being put on a statutory footing in has asked you, what have you done about the fact relation to forced marriage which will include that this poster has not been displayed? guidance to people working in education in the Kevin Brennan: In relation to Derby, Chairman, my months to come, and it is unacceptable for any V oYcials have visited the local authority and spoken governing body or any body of teaching sta not to to them about the issues that have occurred in take seriously in any school, for any child in any part Derby, and they were very keen to impress on us that of the country, any issue relating to the safeguarding they have a very strong commitment to safeguarding of children. I want to make that absolutely clear, children, including the issue of forced marriage. Chairman. Where there are issues of that arising, They found that three of the 13 secondary schools then clearly it is the case that, in relation to the that they contacted could recall having contact from inspection of those schools, those matters should be Karma Nirvana, who I know gave evidence to this brought out very clearly and remedial action taken. committee. Of those three, two of them were already Every child matters, Chairman, in every school in working with Karma Nirvana on the issue. One of the country. them was displaying the poster. The other, the school explained it did not display that particular Q360 David Davies: Wonderful words, and I know poster but was covering the topic of forced marriage you personally and I know you to be a decent and through the curricular. We do not direct schools honourable man, but we have been told on this what materials to use in relation to the issue of committee that 250 girls under the age of 16 have forced marriage or in relation to any issue of what disappeared in Bradford alone. When you say posters they should put up. That is just one possible “every child matters” and you are saying all the right way of dealing with the issue. things, if I may put it like this to you, what is actually being done to discover what has happened to those Q357 Chairman: But dealing with Mr Prosser’s 250 girls in that one city and all of the other point, did you find that schools were not putting up hundreds of girls that we can assume have these posters? That, I think, is the issue he wants to disappeared in other cities? These are girls under age raise with you. of 16. They should not have been able to disappear. Kevin Brennan: I think in relation to both Derby and Somebody should have been investigating what across the country a limited number of schools were happened to them? using that particular poster. The point I wanted to Kevin Brennan: That is right, Chairman. I make, Chairman, having looked at that poster— understand that the figure of 250 that has been which was produced by the Forced Marriage Unit, quoted quite widely has been taken up by the as you are aware—is that what we want to do over Committee. I have asked my oYcial to look into that the next few months, and particularly before the figure with Bradford City Council. They explained summer holidays, which is a critical period in that they identified 205 children. If I could just relation to this, is to work with them to design some continue. materials that are more specifically designed for schools and young people, to write to them to raise awareness. Q361 Chairman: Mr Davies is being a little premature. We will be coming to this question a little later. Are you designing the posters? Is Q358 Chairman: Kevin Brennan: You would not care for me to break that the issue? that figure down, Chairman, which is what I was Kevin Brennan: It could be a poster, but it could be about to do for the sake of the record? other materials as well, Chairman, because, as I said, in some schools they may not feel that that is the best Chairman: I would ask you to hold on to your figure approach for them to take, to display a poster, there because another member of the committee will be may be more discreet ways they would like to deal questioning it. We will take a quick supplementary with the issue. from Mr Streeter and then we must move on.

Q359 Gwyn Prosser: We are not talking about Q362 Mr Streeter: So I can feel reassured that forced marriage or the victims of so-called honour- something is going to change as a result of our violence; we are also talking about the wider, very inquiry. You mentioned yourself an inspection of worrying concerns of domestic violence in general. I schools. Are you able to discuss with Ofsted a higher think the important point to stress is that, again, the ranking or a higher focus on this issue of schools resistance, we were told, mostly comes from the where there is a particular issue? It is all fine saying governing body and, if the governing body is made “every child matters”, but this is a particular issue of communities who have some sort of lasting for certain communities in certain parts of the respect, if you can call it respect, have some sort of country and in certain schools. Are inspectors alive resonance with the whole issue and culture of to this? Will you go from this session, or from our arranged marriages and forced marriages and report, and speak to the inspectors to make sure that Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP something changes about how this issue is decide, I think, Chairman, it is fair to say, within the highlighted and how certain schools are failing to PSHE curriculum how to deal with these issues, and tackle this serious problem? there is huge pressure on the curriculum across the Kevin Brennan: Yes, Chairman, Ofsted will have to piece to introduce all sorts of things as additional look at this issue. We are aware of the areas of the statutory burdens on schools, and in relation to this country where there is a particular problem, and what is absolutely clear is that PSHE should be government oYces have been in contact with all of taught in all schools and clearly the safeguarding of those areas recently to look at the extent to which the children, domestic violence and these issues are very problem is being dealt with in schools. Can I make it important. clear to the Committee, it is absolutely the case, as part of an Ofsted inspection, in particular in relation V to safeguarding, which, as I say, Chairman, has risen Q366 Bob Russell: We are the Home A airs Select up the agenda considerably recently, the issue of Committee and we are dealing with violence in domestic violence and forced marriage absolutely society, and if we can deal with violence as part of has to be a part of their inspection of schools. education, then surely that must help society throughout the rest of life. Why can it not be part of Chairman: We will come back to Mr Davies’ point and he will cross-examine you further on that issue statutory sex, relationship education? That is a little later, but Bob Russell has a question on the statutory. Why not extend it so that violence within curriculum. the home, violence, male against female, and sometimes female against males, is regarded as a serious part of the statutory education provision Q363 Bob Russell: I would like to go back to the line alongside sex education? of questioning that Mr Prosser was on with so-called Kevin Brennan: Chairman, that may be possible. We domestic violence. I think we should call it thuggery, have given a commitment to review that in the because that is exactly what it is. I was shocked that Children’s Plan, as the Committee will be aware. a survey of teenagers carried out three years ago by Sugar Magazine found wide acceptance of abuse among young people in the UK, and 45% of Q367 Chairman: By when will you have completed teenagers believed that, in some circumstances, it is your review? acceptable for a boy to assault his girlfriend. I think Kevin Brennan: I do not have the date to hand, but I that is an indictment against all of us, society in imagine it will be within the next few months, general, but, I would suggest to you, particularly Chairman, because everything coming out of the against the education system, because the schools do Children’s Plan is moving forward pretty rapidly have personal, social and health education, and I am and we will be taking into account, obviously, the sure you are aware that research commissioned by views of young people and if this committee wants to the Home OYce came up with the conclusion that make representations, I am sure— domestic violence—I use their phrase “domestic violence”—should be a core feature in the PSHE, including forced marriage. Why is it not part of the Q368 Chairman: The reason why Mr Russell is so laid down curriculum? Forty-five per cent of passionate about this is because only yesterday, teenagers think assaults by boys on girls is when we went to Colchester, we asked four women, acceptable. the victims of violence: where does it all start? How Kevin Brennan: Chairman, I come across many do we get an early intervention? They said to us it statistics in the course of my job and I take very started in the school. If there was proper education seriously the point that Mr Russell is making, but I given, proper training, then the cycle of violence would not actually draw my evidence directly from would end. That is why he is pressing you on this. Sugar Magazine necessarily as the best source for Kevin Brennan: It is a very fair point, Chairman, and evidence on this issue. The Ofsted Tell Us Too survey obviously we need to look at improving PSHE. on young people’s attitudes I would recommend to Often, as you know, Chairman, the cycle of violence the Committee as a very good way of looking at starts within the home as well. I should make that what young people actually think, and that is point. properly assessed and very good evidence. Q369 Mrs Dean: To go back to the information that Q364 Bob Russell: What is their figure? is available in schools, particularly about forced Kevin Brennan: I have not got that figure to hand, marriage, would you agree that if there are posters Chairman. displayed, that can empower young women, particularly young people, but if it is in the form of Q365 Chairman: Will you let us have that figure, a leaflet, they may be in a drawer somewhere and not since you are relying on it in preference to Sugar able to empower. I think that posters can have a Magazine? better chance of getting information through to Kevin Brennan: I can certainly have a look at it, Mr students than leaflets, although leaflets are Vaz, but in relation to the serious issue about important. Secondly, in your experience, are schools personal and social health education in schools, reluctant to display the information about forced obviously there are opportunities for that issue to be marriage because of the pressure from parents or taught through PSHE lessons, including domestic local communities? If that is the case, would it not be violence and forced marriage. It is for schools to a good idea to insist that schools display this Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

Ev 64 Home Affairs Committee: Evidence

4 March 2008 Mr Iain Wright MP and Kevin Brennan MP information, to mandate schools to put the year for data to be collected in relation to this on a information up for students, so that we know that all local level. I am conscious of the fact that we have a students have that information? devolution agenda in local government, and we do Kevin Brennan: Chairman, we would not want to not put burdens on them without consultation, but mandate schools to put up particular posters, I we do want to work to consider how we can best should make that absolutely clear, on any subject. improve the amount of data available on a national Schools have to have a degree of flexibility of how level on the issue of children missing from education they deal with these issues at local level. and forced marriage. Nevertheless, we would want them to deal with the Chairman: Thank you. issue and deal with it in a serious manner. In relation to your question about what the evidence is out there, the government oYces gave a fairly mixed Q373 Mrs Dean: It was suggested to us that one of report in relation to the Forced Marriage Unit the reasons some schools did not display the posters in schools. Some areas are displaying the information was because of community pressures. posters. For example, in Oldham they are on Did you come across any evidence of that? display. StaV in some areas were not aware of the Kevin Brennan: That was the point I was going to materials but would display them if they were aware, come on to, Chairman. In the government oYce and as I understand it, Chairman, they were not sent evidence that they looked at, they did not find any out routinely, they are posters that are available to direct evidence of that, Chairman. However, be ordered for use in schools if they want to. For obviously we are conscious you have taken evidence example in Blackburn that was the case. Some areas to that eVect and, where there is direct evidence of do not display them. For example, the Newham that, clearly that is something that would need to be Asian Women’s Project has not seen the posters in followed up. any of the schools they are working in. In other areas, for example in Luton, Chairman, that is where the authorities issued Forced Marriage Unit cards, Q374 David Davies: Going back to that, Minister, which they considered to be much more eVective can you explain what your figures were again, 205 than the posters. not 250? I am sure you would agree they are worryingly high. Kevin Brennan: Yes, Chairman. If I could finish the So it is very patchy. Q370 Chairman: point, and anyone reading this evidence, I hope, will Kevin Brennan: There are variable approaches to refer to this bit rather than when I stopped earlier on. this, Chairman. What I would say is— The Council explained they had identified 205, not 250. Of that number, 172 of these children were Q371 Chairman: What can we do about it? tracked to an alternative destination or known to be Kevin Brennan: We do not want to get hung up on on roll at a school. That does still leave a number of the issues of posters, Chairman, when what we need young people unaccounted for, Chairman, but I to be doing is to understand that every school should think it is useful if the Committee has the figures that take this issue seriously but that they should respond have been given by Bradford City Council to the to it according to the local situation and their own department. knowledge.

Q375 Chairman: Who is looking for these children? Q372 Chairman: Certainly. Minister, I can assure Kevin Brennan: Where a child is missing from you the Committee is not getting hung up on the education, then after 20 days, if they have been issue of posters. What concerned the Committee, missing without any account of where they are, in and that is why it was raised by Martin Salter with other words they become an unauthorised absence the Prime Minister, is the very patchiness that you for 20 days, it is a requirement of the school for the describe, but what is the Government, what is your school and the local authority to try to discover their department doing to end this patchiness? whereabouts and, if they are unable to do so, then Kevin Brennan: Chairman, there are a number of the matter should be reported also, clearly, to things that we are going to be doing in the coming children’s services in relation to the safeguarding months in relation to that. One of them is to work issues, also to the police and also the forced marriage with the Forced Marriage Unit to try and improve unit if there is a suspicion they may have been the quality of some of these materials and make taken abroad. them perhaps more suited for use in school, and I think it is important that we actually engage young people as well in the design of some of these Q376 David Davies: Mr Brennan, that is 28 girls materials and hear what they think is eVective. We under the age of 16 who have disappeared in one city are also going to work with the Forced Marriage in one year alone. Unit to revise the guidance for professionals, and Kevin Brennan: Twenty-three, Chairman. that is going to be put on a statutory footing, which gives us more levers in relation to this. The other thing, Chairman, is working on the issue of data. At Q377 David Davies: I take your point: 23 young girls a local level, it has now become mandatory since last under the age of 16. Is that not a scandal? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Kevin Brennan: Chairman, I think I am not going to Q385 David Davies: Are you going to call the police have words put in my mouth in relation to it. in about this? Kevin Brennan: I beg your pardon? Q378 Chairman: What are your words then? Kevin Brennan: What I would say is that it is a Q386 David Davies: Will you call in the police if the serious concern when any single child becomes education authorities in those areas are unwilling to unaccounted for, and we need to try to seek the do so? explanation for what has happened. In many cases, Kevin Brennan: Chairman, I would have to look at Chairman, you will be aware that there are instances what my locus is with regard to calling in the police where children who are in school are dual passport as a minister, but it is certainly the case that where holders. There may be an explanation in some cases. there is any concern about a missing child and any suspicion with regard to the safeguarding of that child, the police should be involved. Q379 David Davies: Are the police looking for them? Kevin Brennan: They should be. Q387 Chairman: I realise that you are hindered in relation to these issues because of the facts not being Are they looking for them? Q380 David Davies: with you at the moment, Minister, but it would be Kevin Brennan: I do not have that information in extremely helpful if you could let the Committee front of me. know by next Tuesday the figures that we request. Kevin Brennan: Certainly, Chairman. I will Q381 David Davies: Do you know how many other undertake to provide you with any figures that you cities have up to 20 girls who have disappeared under require. the age of 16 across the UK? Kevin Brennan: It is fair to say that the issue of forced They are most important in the way marriage is particularly prevalent in certain areas. I Q388 Chairman: Y in which we will conclude our inquiry, so that would understand that the areas which government o ces be very helpful. Have you ever considered a have been asking questions about are the areas designated point for domestic violence and forced which are particularly of concern. I should imagine marriage issues, a contact person in each school, as it is those areas where we would have a similar being an eVective way of dealing with these issues? problem. Government oYces inquired of, I think, 14 V Kevin Brennan: Chairman, the guidance already di erent areas in the country, Chairman. I can requires every school to appoint a senior member of provide you with that list if you like. staV as a designated person on the safeguarding of children, and that would include forced marriage Q382 Chairman: In answer to Mr Davies’ question, and domestic violence. They should also have a he is obviously very concerned about it, as is the deputy in case they are absent from school, and Committee. Fourteen areas; 23 in Bradford. What is clearly they could, if they wished to, ask that deputy the global figure of the missing children? to specialise in a particular area, but there is already Kevin Brennan: That figure, as I explained earlier on, a designated person who should be dealing with this Chairman, is not available at a national level, but we within each school. are looking with the Forced Marriage Unit, as I Chairman: That is very helpful. Thank you. explained earlier on, to find a way to be able to collect that statistic at national level. Q389 Tom Brake: Mr Brennan, you have mentioned the fact that the Forced Marriage Unit is going to be Q383 Chairman: How did you look at Bradford’s developing guidance which will be of a statutory figures? nature. You have said that that is going to give more Kevin Brennan: By government oYces contacting levers. Can you explain what those levers are? Bradford City Council, Chairman. The point I was Kevin Brennan: Chairman, we would expect the new making was that for the last year, for the first time, guidance to be incorporated into child protection these statistics are now being collected by local training within all our schools, and that would not authorities, and that has been a requirement placed just apply to teaching staV, that applies to all staV on them by government. within the school, and that then would be monitored by Ofsted as part of any school assessments and Q384 David Davies: Surely you can tott up the total inspections, and work to tackle forced marriage figures from each of the 14 areas you have inquired clearly is part of that process. The local of and give us the total number. We would like to Safeguarding of Children Board as well, Chairman, know how many young girls under the age of 16 have would be responsible for monitoring and making disappeared. We can assume that it is in the sure that that local safeguarding is evaluated at a hundreds. local level with regard to forced marriage. We are Kevin Brennan: Chairman, I may be able to provide looking also at ways within that guidance that we you with some figures in relation to that after today’s can monitor better, as I have mentioned already, session from information we have available through instances of absence from school. government oYces. Also, there is some information, but it is not entirely reliable, from the school census Q390 Tom Brake: When you say you would expect because, of course, not all of the young people it to be included in child protection training, do you involved necessarily have been on the school— mean it will be? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Kevin Brennan: Yes, Chairman. Q394 Mrs Cryer: I hope it will be included in your guidelines because that is the only way people are Q391 Tom Brake: Would you also expect or require going to know about it, if it filters through in that perhaps the detailed reporting to the police after a way. determined period of time when people have gone Kevin Brennan: The guidelines are being consulted missing, so that the national statistics, which you are upon and that is certainly a point that could be not able to provide immediately, you are going to contained within them. Perhaps I may pay tribute to have to go and find, would then be readily available Mrs Cryer for the work she has done in this area over because the statutory guidance would require the years. I think the very elegant use of the civil law reporting to happen at a certain time and in a certain in this regard, particularly allowing third parties to way consistently across the country? use the law, which is what Mrs Cryer is describing, Kevin Brennan: Chairman, there is also a is an extremely important step forward in this area. requirement for local authorities to collect the information, although they do not form part of a national statistic and I appreciate that is a technical My constituency is part of thing. Mr Davies is correct, it is possible to look at Q395 Mrs Cryer: Bradford and I am well aware of the horrors that what local authorities have collected and to ask for that information, but we do have protocols around schools have with their truancy levels going up all burdens that we place on local authorities which the time and how that after two weeks a child is have to be gone through. There are already quite removed from the school roll after he or she has specific measures that should be taken in the disappeared. It cannot help in tracking down instance where there is any concern about forced children if those children are removed from the marriage and the procedures that should be followed school roll after two weeks just to get them out of a are already in place. For example, if a school is situation of truancy. What are you prepared to do concerned and reports matters to Children’s about this? Are schools reluctant to report those V Services, already within the Safeguarding Children who go missing for fear of adversely a ecting those and Safer Recruitment in Education guidelines there truancy figures? is a very specific flowchart which children’s social Kevin Brennan: Schools cannot remove children workers should follow, which takes into account all from their rolls without reporting them as missing. the questions that they should ask and the things They have a duty under the pupil registration that they should not do in relation to dealing with regulations not to remove them from the register these sorts of issues. without reporting them as missing and that duty is also placed on local authorities. They also have a duty to try to find children who go missing and that Q392 Tom Brake: Once the guidance is statutory, is the requirement that all teachers should be trained in duty also applies to local authorities if they have the guidance? Will your Department ensure that this been away from school with an unauthorised is monitored nationally? absence of more than 20 days and therefore there Kevin Brennan: In relation to the training of should not be the perverse incentives that she teachers, that is a matter that is undertaken and the describes. If in practice schools are not following budgets are controlled at a local level in schools to that path then clearly we need to be made aware of provide them with the flexibility. All teachers and all it. They may not delete children from their registers the people working with young people and children without reporting them as missing. must be trained in safeguarding issues, which would include domestic violence and forced marriage. We do not intend to direct particular training in Q396 Mrs Cryer: I am sure I am right in saying that particular schools on particular subjects at in Bradford children are removed from school rolls particular times; that is a matter that is devolved to after two weeks to avoid truancy levels going up and schools. It would be good practice and it certainly you are talking about 20 days. would be part of our statutory guidance that these Kevin Brennan: That is correct. There would have to are issues that teachers should be trained in. There be 20 days of continuous unauthorised absence is a designated person in each school who will have before a child can be removed from the school roll. special responsibility in these areas. All teachers They cannot be removed from the school roll should be trained in how to spot the potential that without them being reported as missing. They have someone might be subject to a forced marriage or a a duty to try to find out where they are and that duty victim of domestic abuse or witnessing domestic also applies to local authorities. If that is not violence. happening in practice then obviously that evidence is very important. Are you going to mention in these Q393 Mrs Cryer: Mrs Cryer: I hope you will take this up with the guidelines the fact that in September the Forced education department in Bradford. Marriage Civil Protection Act comes into force whereby a teacher, if she or he so wished, could actually go to court and seek an injunction to stop parents from taking their child abroad for marriage? Q397 Ms Buck: In how many instances have schools I hope you are aware of this. via local authorities actually reported children Kevin Brennan: Yes, Chairman. missing? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Iain Wright MP and Kevin Brennan MP

Kevin Brennan: I have not got that information. matters even more unclear to us in the sense that we Ms Buck: There are some pretty serious need the facts. There are 14 other areas where there inconsistencies in that data. That would be a very are missing children. This is totally unsatisfactory. I useful piece of information to have because I think would be most grateful if you would let me have a we will find there are some pretty serious note by next Tuesday with the figures contained in it. inconsistencies in that data. Kevin Brennan: Of course. Chairman: We do intend to raise this again. We may have you back to give evidence before the end of the Q398 Chairman: Thank you. Those are very serious inquiry. Mr Wright, we would be most grateful if matters. Mr Brennan, we invited you to give you could let us have a note about the position of evidence to clear up a number of questions but you Southall Black Sisters and in particular the issues have actually raised so many more. We are genuinely raised by members of this Committee because I very concerned because these are very, very serious think that decision is going to happen very shortly. matters. The figures you have given us have shocked We are extremely grateful to both of you. We know members of this Committee just in relation to you are extremely busy. Thank you for coming to Bradford. What Mrs Cryer has said has made give evidence this morning.

Witnesses: Ms Kiranjit Ahluwalia, domestic violence survivor, and Ms Hannana Siddiqui, Southall Black Sisters, gave evidence.

Q399 Chairman: Ms Ahluwalia and Ms Siddiqui, Q401 Mr Winnick: As the Chairman said, everyone thank you very much for coming to give evidence. knows of the terrible plight that you suVered at the You very kindly gave evidence to us in private. We hands of your husband. When this was happening, felt it was appropriate to take short evidence from he was beating you and other forms of cruelty, what you in public otherwise we would have had a session did you find within the family? Were you able to consisting entirely of ministers speaking and your speak to the family on any occasion about what was comments as a victim are very important. The whole happening? world knows about your history, Kiranjit Ms Ahluwalia: Yes, of course. My in-laws knew that Ahluwalia, the violence that you suVered at the my husband was very short tempered and very hands of your husband over ten years, the fact that violent towards his mother and sister and to me from you were imprisoned and the fact that there was a the beginning of the marriage. campaign led by the Southall Black Sisters for your release. You are now back to what can be described Q402 Mr Winnick: They knew what was happening? as a normal life considering what you had to go Ms Ahluwalia: They knew that. through in the past. Do you feel that the criminal justice system let you down in your case? That was his family? Ms Ahluwalia: Yes. First of all, they never Q403 Mr Winnick: Ms Ahluwalia: Yes. They never interfered. They understood my family honour or religion. It was a said, “We are sorry, we can’t do anything. He situation I was facing in my community and in my doesn’t listen to us.” After that I went to see my family. My marriage was not a forced marriage, it family in India and I showed them my bruises and was an arranged marriage. From the first day of my my brothers and sisters were really angry with my marriage my husband started beating me. I was not husband. But did my husband apologise? I wanted allowed to talk to my family or do anything. I ended to have a divorce. My family, brothers and sisters, up in prison. I thought I would get justice from said I was not allowed to have a divorce because it British law, but they could not understand Indian was not acceptable in the family or in the culture, family honour, religion and the society I was community, they said, “What would other people brought up in. I ended up with a life sentence. I think?” So I had to go back to my husband. Then I suVered 10 years with my husband and the law gave went to the police twice and I went to court and got me 13 years, which was total injustice. Southall a court injunction. None of them could help me. In Black Sisters came along and they started my the end I tried to kill myself twice and I ended up in campaign. My story was put forward in the media hospital. Nobody helped me. after they found me a good solicitor. I can imagine how distressing it Do you feel that the criminal justice Q404 Mr Winnick: Q400 Chairman: is for you even now. When you went to the hospital system let you down? it was in this country, was it? Ms Ahluwalia: I went to the police station twice and Ms Ahluwalia: Yes, Crawley Hospital. I went to court twice. When I went to the police station the policeman said, “You’ll have to sort yourself out. We don’t want to interfere in your Q405 Mr Winnick: And they saw the injuries that married life”. I went to family and the same thing, you had suVered? they said they did not want to interfere. Ms Ahluwalia: Yes. Chairman: I am now going to move on to Mr Winnick who has specific questions about family Q406 Mr Winnick: Did they not ask you whether and community issues. they should report these injuries to the police? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Ms Kiranjit Ahluwalia and Ms Hannana Siddiqui

Ms Ahluwalia: When I ended up in prison my happened, this is what I have done in the end after doctor’s report was there. He saw the injuries to my ten years, he was saying, “No, tell us more.” He was arm and my shoulder. Even the hospital report was tapping on the table and trying to scare me. My there, the year I went to hospital and tried to kill English was so poor. I had been educated in India, I myself, all the reports were there, but still I could not could speak English, but I lost my confidence while get any justice from British law. Everything was I was living with my husband. I could not explain it there. Even my husband’s family was there. His to him. There was nobody who could translate for uncle was there and he was willing to give evidence me. on behalf of me. Q411 Mr Winnick: No one at all? Q407 Mr Winnick: Was this an arranged marriage? Ms Ahluwalia: No. Ms Ahluwalia: My sister was living in England and I was in Canada. My sister’s friend was friendly with Q412 Mr Winnick: The police did not oVer an my husband’s mother. They talked and said how interpreter? that they were looking for a girl and my sister said Ms Ahluwalia: No. that they were looking for a boy in the same cast. Cast is very important as well. My brother told me I Q413 Mr Winnick: Did your defence counsel put could not get married out of cast. I never had a your case in court, how you had been treated boyfriend and was never allowed to talk with men. throughout your marriage, the cruelty and the My brother was very strict. They were willing to give violence? me money but I was not allowed to go out with my Ms Ahluwalia: Not really. I could not explain things friends. It was arranged within the family. I saw my to my defence solicitor. When he was preparing the husband for five minutes and I asked him two case for my trial I gave him 35 pages of my life questions. history. Even though I kept telling my solicitor or barrister, “I need an interpreter. I want to tell you Q408 Mr Winnick: Five minutes before the marriage more,” they kept saying, “Mrs Ahluwalia, you do was the first time you saw him? not need an interpreter because your English is quite Ms Ahluwalia: Yes. My brother asked me if I wanted good, we understand,” but I wanted to go into the to ask any questions and I said yes and I was allowed details. I could not explain it to them until I ended five minutes in the next room. All I said to my up with a life sentence. Southall Black Sisters could husband was I wanted to study after the marriage understand Hindi, Punjabi and English. Then I and I did not want to wear Indian dresses. explained my whole story to them and when they did my case for my appeal there were 350 pages in my Q409 Mr Winnick: Was his conduct cruel from the statement. very beginning? Ms Ahluwalia: When I came back to the airport he Q414 Mr Winnick: When we were speaking to the came to pick me up and a couple of hours later he minister the Chairman and other members of the pushed me and held my chin against the wall. He just Committee were very determined that the Southall tapped on my head. I thought, “What sort of joke is Black Sisters should not go out of existence because this?” I said not to do it again. I felt faint because he of the current financial diYculties they are facing. hit me a bit hard. I thought it was a joke, but it was What advice would you give to other women in your not a joke. The next day after our marriage I was just situation? What would you suggest they do? talking to his sister, introducing my family back Ms Ahluwalia: I would tell them not to suVer in home and she was introducing her family and my silence. The family honour is not that important. husband came and pushed his sister and pushed me Now we are living in a modern society. You must against the wall and he was slapping his sister and me come out with your children. If you cannot call the because of nothing. He had such a short temper. police, if you are too shy or too scared, go to an organisation like the Southall Black Sisters or any Q410 Mr Winnick: Can I bring you to the situation other organisation that can understand your later where you were charged with the murder of language and they can explain where to go and how your husband. Were the police at all interested in to get there. what had happened to you during your years of Mr Winnick: I am most grateful to you. Thank you. marriage? Did they ask you questions or did you tell them how you had been treated? Q415 Chairman: Ms Siddiqui, you and Southall Ms Ahluwalia: The police were only interested in Black Sisters took up the case and supported arresting me. They kept saying to me, “Tell us what Kiranjit Ahluwalia despite the circumstances of it. happened. Why did you do that? What have you Have things got better over the years for the victims done?” All the time they were interested in what I of domestic violence that you deal with? had done. They were not interested in what I went Ms Siddiqui: For women in minority communities in through. I was trying to explain it to them. One some respects things have got better in terms of after policeman came in and he said, “We are charging the Kiranjit Alhuwalia case there was greater you, Mrs Ahluwalia, with attempted murder.” I did awareness within Asian communities around not understand the meaning of “attempted”, so I domestic violence, but I think we have still a very asked him to explain it to me and he did. Even long way to go in changing attitudes within though I was admitting everything, this is what communities. Outside of the communities, I think Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Ms Kiranjit Ahluwalia and Ms Hannana Siddiqui one of the things that we have seen is the because that undermines their community cohesion discrimination women face from agencies like the strategy, but at the same time they want to fund police, how there are issues around cultural Muslim women’s groups when there is no demand sensitivities, which is one of the reasons why they do for such services in the area and all they are doing is not intervene in minority communities to protect duplicating our services. women. Despite some improvements in policing generally around domestic violence, the response Q417 Chairman: We have raised this issue before with minority communities I still think is very poor you came in. On the night that Ms Ahluwalia’s and very inconsistent and not only in relation to husband died she ran into the garden with her son forced marriage and honour-based violence but and hid behind a shed. She did not run away from domestic violence quite generally, including women the police, she was still there. How old was your son who have immigration problems. There is a lack of on that day and what happened to him? understanding of how issues around destitution, no Ms Ahluwalia: He was about two and a half. My recourse to public funds and immigration as well as husband put a hot iron on my face and he broke my cultural and religious pressures impact on their lives. teeth. He did all sorts of things to me. I poured petrol on him because he had been evil to me so many times Q416 Chairman: Where do they go? Kiranjit suVered when I tried to run from him. violence on a daily basis for ten years. She tried to commit suicide. She went to her GP. She went to the Q418 Chairman: What happened to your son after police. Where do they go? that? Ms Siddiqui: Black and minority women’s Ms Ahluwalia: I picked my son up and hid behind organisations are the grass-roots organisations that the shed. provide frontline services often with great hostility from the community and a lack of support from Q419 Chairman: Was he taken into care or was he outside of their community. That is the very sector, taken into the care of the family? the specialist sector, which is now under threat with Ms Ahluwalia: My mother-in-law kept both my sons cuts in funding from local authorities and other for several months. bodies around the commissioning process and around the mainstreaming of services, which means Q420 Chairman: How old are they now? larger organisations are able to win tenders for bids Ms Ahluwalia: One is doing law. He wanted to be a for funding and where local authorities are using barrister. My eldest son graduated in computing. I issues such as community cohesion to deny funding am very proud of them. for what they see as single ethnic group funding. Chairman: Kiranjit Ahluwalia, this Committee is That is one of the reasons our local authority in enormously grateful to you for coming in today. We Ealing has been using to try to cut our funding. They regard you as a brave and courageous woman and are saying there is no need for specialist services, we thank you very much. We are honoured to have there is no need to have single ethnic group funding you here.

Witness: Mr Vernon Coaker MP, Parliamentary Under-Secretary of State for Crime Reduction, Home OYce, gave evidence.

Q421 Chairman: Minister, you came early and you just a criminal justice response that is important, it heard the evidence that was given by Kiranjit is the prevention and the support and so on that Ahluwalia. Have things got better? needs to be made available as well. Mr Coaker: Chairman, thank you very much for the invitation to come in and listen to that testimony. In Q422 Mr Streeter: You mentioned just now the some respects we have made progress. We can point Domestic Violence Act 2004 and yet section 9 to a range of measures that have been taken, that is, (domestic homicide reviews) and section 12 specialist domestic violence courts, independent (restraining orders) have not been implemented. It is domestic violence advisers, the Domestic Violence no good passing an Act unless we implement it. Is it Act and the Forced Marriage Act that is going to a shortage of money that is stopping us from come into force in the autumn. However, if you go protecting people properly? What is going on here? out on the ground and say, as we have just heard, is Mr Coaker: With respect to statutory homicide everything as we would want it to be, do we have all reviews, which are one of the sections of the the statistics that we need, do we have all of the Domestic Violence Act that has not been services in place that we need, then the answer to that implemented yet, I can tell the Committee that the is clearly that there is a long way to go. We have intention is to implement that in the summer. I think made significant progress in my view. If you look at that is an important step forward. Mr Streeter, you some of the legislative and criminal justice proposals are quite right to say it is something that we perhaps that are there and all the guidance that is going out, ought to have moved forward more quickly on, but it is about turning all of that into reality on the we are now in a position to say that hopefully we will ground and understanding it. The point that was be able to not just review those homicides but we will being made in that moving testimony is that it is not actually be able to implement them. Alongside that Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Vernon Coaker MP we have the other aspect of it which is the Q424 Ms Buck: I think that is absolutely right and I criminalisation of the breach of restraining orders. I am sure we all welcome you saying that. If the am not able to say to the Committee that we have national delivery plan does place so much emphasis come to a position where I can tell you that we will on that, is it not the case that inevitably—and we implement those. There are negotiations continuing have seen this across the board with targets—this between ourselves and the Ministry of Justice with squeezes out the resource that is available for respect to costs and prison places, but it is my precisely that broader contextual work that you are intention—and I make this commitment to you— talking about? What concrete steps can we take to that we will do that as soon as we possibly can make sure that that does not happen in the future? because I recognise the importance of ensuring that Mr Coaker: I think the answer to your question is the criminalisation of restraint orders was an yes, there is a danger that that can happen. One of important part of the Act. We should have done it the key aims of the national delivery plan is to reduce by now. All I can say to the Committee is that we the prevalence of domestic violence and to increase have made some progress with homicide reviews and the rate that it is reported. If we are going to take we will continue to do that. The Domestic Violence those sorts of measures then we need to understand Act has made a significant diVerence. We have got that. In terms of the practical things that are going the non-molestation orders and that has been on, in the Forced Marriage Act there is the guidance implemented and made a diVerence. There are one that will become statutory in the near future. That or two outstanding sections. I have dealt with one. guidance goes out to the police, to social service We will deal with the other one as soon as possible. professionals, to education and all of the various The other part of the Act has made a significant professionals that work within that area. In terms of diVerence to tackling this problem. the practical steps we are going to take, we need to ensure that those people have regard to the duty with respect to them. We are holding seminars in Q423 Ms Buck: I want to ask about the Government’s approach to the target setting and the communities across the country where we will way in which we focus very heavily on the criminal actually be going out and talking about what it is justice side of it given that, as we know, only a that the Government should be doing in order to quarter of domestic violence cases get to the criminal address this problem and involving communities justice system. Why is it that we have focused so themselves in the solutions to the problems rather much in terms of our objectives on what is a serious than dictating to them. Is there a danger that the but nonetheless minority part of the whole problem? criminal justice system dominates? Yes, there is. Mr Coaker: I think it is right to say that there has How do we do something about that? The first thing been an emphasis on criminal justice and that is a recognition in Government that there is that alongside that there has been a need for us to danger, but we need to ensure that we balance it and recognise that you cannot just solve this through a part of that responsibility belongs to the inter- criminal justice response, it is necessary to go out ministerial group, which involves all of the ministers and talk in the communities. We have done that to a across government. One of the things that I have certain extent. In terms of the action plans that we thought about considering since the Committee are bringing forward, particularly with respect to started this inquiry is, in order to deal with the honour-based violence, we will be holding seminars problem that Ms Buck has raised, whether we in various communities about what that should actually, in the same way for sexual violence and involve. We need to talk to our colleagues in other some of the other things, have stakeholder groups government departments and accept the which we meet with regularly. It might be an idea for responsibility that we have ourselves to ensure that us to look at involving them in discussions with us at those voluntary organisations that work in a ministerial level to inform us on the way forward communities, that are supporting victims and are and the policies that we pursue and adopt. dealing with these cases, which are very diYcult, are supported. The natural reaction is often to have a criminal justice response to issues. The evidence you Q425 Chairman: Is there an Inter-Ministerial Group have had from various people has shown that the on Domestic Violence? statistics are the tip of the iceberg, that there is a lot Mr Coaker: Yes. more with respect to some of the issues that arise from forced marriage going on in communities which has surprised us all. If we are going to deal Q426 Chairman: Is the Department for Children with that then simply by responding in a criminal represented on that? justice sense will not be suYcient. What are we doing Mr Coaker: Yes, it is. in our schools? What are we doing to support victims when they come forward? How are we changing the culture with respect to this so that, as we heard so Q427 Chairman: Were you therefore shocked, as we appallingly, when somebody comes forward and were, to hear that there were 23 missing children in even engages with agencies people actually listen to Bradford and the minister is not aware of what has them, believe them, understand them, all of those happened to them? sorts of things? That on its own will not be brought Mr Coaker: All the departments you would expect about by a criminal justice response. to be are on that committee. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Vernon Coaker MP

Q428 Chairman: Did you know about that figure? supposed to be followed. All of those are now in Mr Coaker: I did not, no. place. The key thing is to make sure that those procedures are actually implemented and that is Q429 Chairman: Do you know that he also does not with respect to missing children and the broader know how many children are missing in 14 other domestic violence agenda as well, so that if areas? somebody turns up at the front desk they are Mr Coaker: I did not know that. actually believed and listened to. I know you had Chief Constable Brian Moore here talking about Q430 Chairman: What are you going to do about it? this and I spoke to him a week or two ago and he was Mr Coaker: As part of the challenge that there is for saying to me that one of the things he is going to be all of us—and it is a challenge for me as well as the doing, because of his concerns that there is co-ordinator and the lead minister with inconsistent practice across the country, is bringing responsibility for that group—we need to ensure all of the police forces together in order to look at that the inter-ministerial group works as eVectively these particular issues to see how we move forward. as possible, that we demand and say to the various ministers and departments who contribute to that Q435 Chairman: This also relates to the other areas. that they look at their own practice, look at their It is not just Bradford. He listed 14 other areas. own policies and procedures and ensure that we Presumably after this meeting you will get a list of bring all of that to the table. these areas and find out what is happening. Mr Coaker: Absolutely. Q431 Chairman: One of the key things is to get the statistics. How often does this group meet? Q436 Chairman: In respect of Chief Constable Brian Mr Coaker: It meets roughly quarterly. Moore’s point, are you satisfied with his proposals to have a more consistent approach amongst the Q432 Chairman: And on the last occasion nobody various police authorities? from the Department for Children, Schools and Mr Coaker: I am satisfied that Chief Constable Families mentioned the missing Bradford children? Brian Moore is determined to bring about that Mr Coaker: Not from memory, no. I cannot cultural change that needs to take place and that is remember that being mentioned. the starting point. We have got the most senior police oYcer with respect to violence involved with this saying practically how he is going to take this Q433 Mr Winnick: Why are the police not looking for these children? Is there a possibility that it is forward. I think the important thing then will be for assumed that if they are from the Asian community us to continue to monitor regularly the performance they have been taken abroad? of our police forces and our criminal justice system Mr Coaker: I do not know the particular instances. with respect to all of this so as to be able to It is something we will look at. First of all, if children demonstrate statistically and qualitatively through are missing from school or children are missing full testimony that the system is changing and stop then that is a matter of concern whatever the responding to the demands that are being made on community. If there are 23 children missing then it. there are 23 children missing. That should be a matter of concern in that area. That matter should Q437 Chairman: You chair the inter-ministerial be reported to the police. If it is reported to the police group, do you not? then you and I would expect, as the minister Mr Coaker: Yes. responsible, that the police would investigate that, they would look for those children, they would Q438 Margaret Moran: We know the attrition rate regard it as a matter of the highest priority and that in domestic violence cases is very high. Why is it that they would respond in the appropriate way. I do not when we talk about rape we measure the attrition know the details, but you would expect the police to rate in one way and domestic violence in another, be informed of that and the police to respond with which demonstrates that the attrition rate in the highest priority to that because there can be domestic violence is worse than rape? Surely that nothing worse than children going missing. should be in the public domain and we should measure things on a like-for-like basis. Q434 Mr Winnick: If they are not reacting with the Mr Coaker: The whole statistical base of the work highest priority, can we take it that arising from this that we are doing needs to be updated and reviewed. session there will be a diVerent approach and if There is a discrepancy between the figures. It is children are missing one of the first priorities of the something I am looking at. I thought this question police will be to look for those children? They could may come up. I have got statistics relating to the be sexually assaulted or subject to other forms of total number of domestic violence incidents that are abuse, even murdered. There is a necessity for some reported which actually lead to charge, which leads sort of priority which at the moment does not seem to prosecution, which leads to conviction and some to be the case. percentages about what that means in terms of Mr Coaker: Of course. No one could disagree with success and outcomes. the points that you are making. That was my point in answer to the Chairman’s question at the beginning Q439 Chairman: Could you send those to the when I said that we had procedures that were Committee? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Vernon Coaker MP

Mr Coaker: I am going to send those to the Q442 Mr Winnick: You accept that are arguments as Committee because it does show some quite big well for making it a criminal oVence. Could I ask you improvements in attrition because attrition is the if there is a possibility when you monitor the real issue. outcome of the Forced Marriage Act when it comes into force later this year that the decision not to criminalise forced marriages will be looked at again? Q440 Margaret Moran: It has been suggested to us Mr Coaker: I think it would be arrogant of me as the that we should put forward a public information minister responsible to say if we introduced a piece campaign. We went to Refuge to see the hotline of legislation and it had the opposite eVect to that yesterday. The resources to be able to man the which it was supposed to have then we would not hotlines to deal with the campaign are woeful. review it and not keep it under review. We will of Would you look at the value for money arguments course look at the evidence. We are going to monitor for increasing the capacity of the Women’s Aid and the outcome of the Forced Marriage Act. The clear Refuge hotline because it is clear that there are evidence to us at the time was that it would not help, money saving arguments there which I am sure the that it would actually have the opposite eVect of Treasury would be interested in? Have you looked at what people who proposed the criminalisation what other European countries such as the thought it would have. We will keep it under review, Netherlands and Germany are doing by introducing but at the moment we have no plans to do that. something called “go-orders”, which allows ten days respite whereby the perpetrator is taken out of the I suppose you are aware that many family home to enable the safeguarding of the Q443 Mrs Cryer: women who have left the family home because of victim? Has that ever been considered by the domestic violence or have been thrown out of their Department? home finish up on the streets and frequently find Mr Coaker: No, but it is something we clearly need their way to my oYce. I have made good use of the to look at. Thank you for raising that. I will look at domestic violence concession. Time is of the essence. the issue of the helpline again. We give £500,000 If they have not got indefinite leave to remain, is from the Home OYce to the helpline, but of course Y there anything that you can do for such cases to if it is in di culty we will look at it. It raises the speed up the procedures so that they can get their broader point that Ms Buck raised about the need to indefinite leave to remain? Would you be able to give support these organisations and the various stronger guidance to local authorities on how to help mechanisms for support that are available to victims such women? out there in the community and it is something we Mr Coaker: The whole issue of guidelines is really need to look at. We already support it, but I will look important. We are looking to strengthen guidelines at the problem that you have raised. not just to local authorities but to the whole range of providers and public service agencies in this area and then to ensure that that is put into practice. In terms Why did ministers come to the Q441 Mr Winnick: of people speeding up the process for ILR, yes, we view that the arguments against were more powerful do need to do that, but the issue that always comes than for in making false marriages a criminal to us is the no recourse to public funds with respect oVence? to that. I can tell the Committee that we have Mr Coaker: We took that view following the public listened to the representations that we have had on consultation that took place in 2005. The that. Although final details are to be worked out, in overwhelming view from that evidence was that by V the very near future we will put together a system, in making it a criminal o ence you would actually consultation with our colleagues in DCLG and, if increase the problem by driving it underground not, we will pursue it ourselves, to ensure that where rather than helping. Many of the people involved in people do receive a positive determination with this know that it is within the family. There was a respect to their ILR status they will actually be able fear that you could have a situation whereby family to apply for and receive housing and living costs for members would possibly be criminalised by the that period up to the determination of their ILR actions of a family member. You will know that the when, of course, if they are given that, they will be Forced Marriage Protection Act that we have got V able to apply for other benefits. That will be on the coming in in the autumn has taken a di erent route, basis that that money will be paid retrospectively, so that is, the civil route of trying to deal with forced it will be when their ILR is determined. I hope that marriage through Forced Marriage Protection is good news. I know it is something that people have Orders. If those orders were to be breached then asked for over a considerable period of time. We there would be a criminal sanction. We are always have listened to that and I think that is another open to looking at these things. The reason we did it positive move forward. was simply that people out there told us it would not help the situation. I also think what will help is the consultation we are having with respect to third Q444 Mrs Cryer: Does the Home OYce- parties being able to represent victims and put commissioned research into raising the age of forward victims to the court for the giving of a sponsorship show that the risks associated with Forced Marriage Protection Order. People out there raising the age to 21 are likely to be greater than told us it was something that would not work. the benefits? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Vernon Coaker MP

Mr Coaker: We have just done some consultation on an awful lot because for far too long domestic that. I have not seen the details of that because it violence was often seen as a women’s issue. This is a ended on 27 February and contributions are mainstream issue for the whole of society. currently being analysed. There are strong arguments for and against. Some people see this as a Q447 Gwyn Prosser: Mr Coaker, as you quite rightly positive way forward, as a way of preventing people said, we need to take an holistic approach to these from being subject to abuse. It would protect them matters and not be so narrow about it. One of the if it was 21 before they could sponsor a spouse. areas which we think is eVective is the perpetrator Others say that it does not actually tackle the real programme. All of the service areas have their issue, that it just disguises the issue and postpones programmes in place and that is good news. The bad the issue, that if you are going to do something about news is that they are wholly unresourced to do the this then it is getting to the causes of it that is job they need to do. Will you make representations important. Although it may appear to be something to your colleagues in the Ministry of Justice and that will impact on it, it will not prevent it. I have not make sure that these programmes are fully funded? seen the evidence from that yet. As soon as we get Mr Coaker: I have already made representations that we can let the Committee have that, but I have about that. The perpetrator programmes did not not seen it yet. exist before. At least we have rolled those out now in Chairman: We hope to publish our report at the end every probation area. That is a positive message. of the Easter recess, so if you could let us have that You are quite right to say that there are not enough. that would be very helpful. There are waiting lists for those. My own view is that we need to develop other alternatives as well as the Q445 Bob Russell: Do you accept that male victims perpetrator programmes run through and by of violence in the home suVer disbelief and prejudice probation and this is where the voluntary sector has from professionals and public services? such a vital role to play. What can they provide in Mr Coaker: I think there is some truth in that. The terms of helping deal with perpetrators? What sorts forced marriage figures showed that 15 per cent of of support can be made available through them? the cases were male. I do think there is an issue with Sometimes some of the most powerful ways of respect to domestic violence and men and forced dealing with these issues are actually things that are marriage. I think there is a cultural problem with organised by the communities in those areas. You respect to that. I think men find it very diYcult in are quite right to point out that we need to some cases to come forward and report that for fear statutorily and from Government ensure that the of being regarded as not quite masculine enough. I perpetrator programme through the criminal justice think there is a very real issue with regard to that. system is there, but we also need to look at what can Obviously the majority of people involved are be done in the third sector, the voluntary sector or women, but we have to accept that there is a even the faith sector as well. minority of men who are involved with this and we need to change the culture with respect to that. It is Q448 Mrs Dean: Minister, what can the Department not just young men. I cannot remember the exact of Health do to engage and train GPs in routinely age, but the Forced Marriage Unit had a man in his enquiring about domestic violence and providing fifties who was the victim of a forced marriage. information on support services? Mr Coaker: This is an extremely important Q446 Bob Russell: Recognising there is this problem, question. Lots of manuals and guidance and all of what is the Home OYce doing to improve the those sorts of things have gone out to diVerent identification of the genuine male victims, encourage professionals. The Department of Health has reporting, and provide male-only support services? comprehensive training manuals, they have Mr Coaker: I think we do need to look at all of that. handbooks, they have guidance that goes out, they We have funded advice lines. There is an advice line make routine enquiries of women in pregnancy and specifically for men which does not run 24 hours but talk to them now very carefully to see if there are any runs during oYce hours. There is a website that is issues with respect to domestic violence. They will available. We have also supported an organisation have a violence and abuse programme. I think what called Broken Rainbow, which is a gay and bisexual is key across the board is that we need to improve the and transsexual advice line. So there is work going monitoring mechanisms that we have for all of our on with respect to that. The key issue is the work and the response that we have where we find development of services, but we will not identify men that the monitoring tells us there is a diYculty. There who are the victims of domestic violence until they is a lot of work going on to improve it, but we need themselves feel confident in being able to come to improve the monitoring. The area where I think forward and until we change the environment. One there is a weakness and there are pilots now that are of the ways that we are trying to do this is we have established in a number of accident and emergencies established something we have called a men’s in the South-East is the sharing of information coalition which brings together a variety of men’s between the health professionals, whether it be in health organisations and other organisations and A&E or at the doctors’ surgery, and other which is about challenging some of the stereotypes in appropriate professionals. We have been to see the this area. I am very proud and privileged to be a male Information Commissioner about this and minister with the lead for domestic violence. When I information which is shared on the basis of public go out to diVerent organisations they think that says protection is information that can be shared Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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4 March 2008 Mr Vernon Coaker MP providing it is done properly. I think sometimes with Mr Coaker: It involves the whole area of work. With data protection and all of these other things people the rollout of MARACs that we are seeing, which we are frightened of it. We have got to drive through announced recently to expand virtually across the this and say this is a public protection issue. If an whole country by 2010/2011, we should see that accident and emergency department has improve. The sharing of information is absolutely information which suggests to them that there is the crucial to this area of work whether it be a hospital possibility of somebody having been the victim of dentist, an ordinary dentist, an A&E or a GP. domestic violence then that information needs to be shared. We are establishing protocols about that. Q450 Chairman: Minister, thank you very much for We are trying to support people doing that. We have giving evidence today. We would like to stress our the pilots in the South-East which we expect to roll concern as a Committee about the flow of out across the country, but we need to change information from other departments to you as the people’s mindset that you cannot share information chairman of the inter-ministerial committee and we as you will be doing something illegal. hope this will be addressed. If there is anything else you would like to put before to us before we Q449 Mrs Dean: Would that involve other conclude, we would be most grateful. Thank you departments such as STD clinics and hospital very much for coming. dentistry? Mr Coaker: Thank you very much for inviting me. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

Home Affairs Committee: Evidence Ev 75

Tuesday 25 March 2008

Members present:

Keith Vaz, in the Chair

Mr James Clappison Gwyn Prosser David T C Davies Bob Russell Patrick Mercer Martin Salter Margaret Moran Mr David Winnick

Witnesses: Ms Anjum Mouj, Development Manager, and Ms Sumanta Roy, Capacity Building Manager, Imkaan, gave evidence.

Q451 Chairman: Can I call the Committee to order she went to a mainstream refuge, which she had also and ask everyone if they could switch oV their been to, she said that there were really the kind of mobile ‘phones. Can I refer all those present to the racist stereotypes around her culture and around her Register of Members’ Interests which records the background. Essentially, she found that unbearable, interests of Members of this Committee. This is the and she was a young woman that had been brought last session of the Committee’s inquiry into domestic up in this country. violence and forced marriages. We are very pleased to have, for our final two sessions, representatives of Imkaan. We have got half-an-hour for these Q452 David Davies: I do not want this to come out questions. We are going to be brief in putting our the wrong way; what you are saying is that it is racist questions and we would be most grateful if you to send an Asian woman to a white refuge. That could respond in a similar way. Can I thank you very seemed to be the summary. How would you feel if a much for giving evidence in this inquiry. You have white woman said: “I only want to go to a white obviously had the opportunity, as we have had, to refuge; I don’t want to be treated by Asian women; look at the evidence of other individuals and groups I don’t want any Asians in the building; Asians do as the inquiry has progressed. Either individually or not understand my white background”? Would that separately, could you tell me in what ways are the not actually be the racist attitude to take, and do you needs of ethnic minority women who experience not see that we have to be consistent in our domestic violence diVerent from those who are not approach. from the ethnic minority communities? Ms Mouj: I am really not saying that; I am really not Ms Mouj: I think, essentially, the biggest thing that saying that to send a black woman, an Asian we need to focus on at this point is the experience of woman, an ethnic minority woman or a refugee racism. What we have found with much of our woman to a white refuge is racist. I am not saying research is that the needs are more specific, if you that at all; I am simply saying that the experience of like, rather than diVerent. The experience of racism racism within those refuges is so well-documented dictates the level of support that they can be oVered now, is so evidenced, that, essentially, when we are by mainstream services, and this really highlights the working with vulnerable women to flee violent need for specialist support. Often when we talk situations one of the things that we found is that about racism and we talk about the impact of racism women from the black communities going into upon a community we talk about the impact on men, generic refuges leave those refuges and go back into and we kind of miss out the impact that that would violence quickly. have on women, and particularly women that are going out for support services. One way of looking Q453 David Davies: Should white women have the at this, if you will allow me to share a quote with you, right to go to a refugee for white people only? is in the words of a young woman. We were in Ms Mouj: I think the point we need to look at here, conversation with a young woman in one of our and the word that we need to look at, is “generic”. research forums and what we found was this young When we use the word “generic refuge” or “generic woman was saying to us that she had the experience provision” we generally tend to make the of, unfortunately, being evicted from a refuge, and it assumption that when the term “generic” is used it is was a specialist refuge. (I am going to use the term meant to say that it is open to everybody. We would “black” and when I use the term “black” or “BME” probably say, in turn, that the term “generic” is I would like you to know that I am referring to Black something that is a specialist service for, actually, Asian Minority Ethnic and Refugee women. I use people who speak English. So we ask for a specialist the term “black” but it is just a term that I have used service. We are not asking for extra services; we are for a very long time. What she said was: “Please actually just asking for the same level of service don’t send me to a white refuge”. She was unable to provision. stop talking about the abuse that she had suVered. What she said was that when she talked to women from the Asian women’s refuge they really had an Q454 David Davies: Are you actually saying, understanding and a feeling for her experience and though, seriously, to us that a large proportion of did not mitigate it or negate it in any way, but when those who work in women’s refuges are racist? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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Ms Mouj: No, I am not saying that at all. Ms Mouj: Southall Black Sisters, yes, indeed. We are looking at situations where gender and race equality impact assessments have not been carried out Can I summarise this point? What Q455 Chairman: properly. Until we use the mechanisms that we have you are saying is that there is a variety of agencies on in existence, I think, essentially, we will keep pulling oVer for women but, on balance, ethnic women back on services that are absolutely crucial for black prefer to go to agencies where there are ethnic women. We also need to look at some outreach minority women, for cultural reasons. I think we get services; we need to look at resettlement services. that point. Essentially, if we are really going to work around Ms Mouj: An important point to also make is that domestic violence in an eVective way we need to no, I am not just talking about the staV butIam work on the issue that prevention is much better talking about the fact that also you have residents than cure, obviously. We want to not just be within those refuges that will show racism. We have impacting upon crisis levels; we want to be able to just done some work— have youth provision. We understand the point and we take it. Chairman: Thank you, that is extremely helpful. I want to move on, otherwise the whole evidence Chairman: Gwyn Prosser. session will be dominated by this.

Imkaan have been critical of Could you just define “white Q461 Gwyn Prosser: Q456 Patrick Mercer: the Supporting People fund and the way it aVects refuge”? your services. Can you tell us, from your point of Ms Mouj: It was not my term; it was your good view, what eVect this has had, in particular upon colleague’s term. I would use the term “generic”. BME women’s refuges? Ms Roy: I can take that question. Supporting People Q457 Patrick Mercer: I thought I heard you saying seems somewhat an ironic name now, given that that the woman had referred to “a white refuge”. what we have seen, from our perspective, is a policy Ms Mouj: I am sorry. Okay, yes, you are that has had quite a detrimental impact on the refuge absolutely right. services that we work with. Unfortunately, Supporting People, as a policy, has led to local authorities having incremental budget cuts which, in What do you think she means Q458 Patrick Mercer: turn, has led to refuges having to experience funding by that? cuts and, as a consequence, lose key services; services Ms Mouj: I think what she meant was a generic that are key to supporting women and children who refuge where the residents were from the English- experience domestic violence—for instance, services speaking and white communities. for children, outreach work, advocacy and counselling services. These are services that are very Q459 Patrick Mercer: Fine. That is very clear. What diYcult to fundraise for and have never been additional steps, therefore, are needed to ensure recognised as part of Supporting People’s strategies. greater cultural and religious sensitivity amongst Over the last year or two, I would say, we have mainstream service providers? witnessed commissioners who are keener to Ms Mouj: I think, essentially, what we are saying is commission services from, we would say, larger that some of the outcomes of the McPherson report organisations—in a sense, creating this culture of really focus very specifically in terms of promoting super-providers. This is very problematic because good race relations and looking at services in a very these organisations are ones that do not necessarily specific way and ensuring that good race relations have any expertise around delivering services for exist amongst communities, with particular women and children and they certainly, often, do reference to organisations of over 150 staV members. not have any expertise around the needs of black I think some of the elements of the McPherson women and children experiencing violence. We have report articulately emphasise the need for specialist got Supporting People oYcers that are questioning provision, and monitoring provision. I would say refuge staV, saying: “Why, in this day and age, do that would be a good step forward in looking at any you need a specialist service? Why not merge with a additional steps. I would say that ensuring that generic service?” There are commissioners that do specialist services exist and work alongside the not understand the value of women-only spaces and mainstream would ensure that we provided services the contribution that the women’s sector has made that were culturally and religiously sensitive. for a number of years towards providing eVective Essentially, I think that for refuge accommodation preventative work and doing crisis-based work, and and refuge users we are really seeing that there is what is quite unusual is that you have got specialist some insensitivity in terms of race, culture and black agencies who are now being questioned on the religion and, therefore, those specialist refuges—not basis that they are not, in fact, generic enough— only do we need to further fund them but we need to mainstream enough—which contradicts the reason sustain what we have got. What we have seen in why they exist in the first place. recent years is the closure of specialist refuges, so we definitely need to— Q462 Gwyn Prosser: That is an interesting reply. The Minister has written to us explicitly saying that it is Q460 Chairman: Of course, the one in Southall is not the Government’s wish to close down on to under threat itself, for example. single, large providers, and they talk about Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Ms Anjum Mouj and Ms Sumanta Roy providing diversity and choice at the local level. Are Ms Mouj: Certainly we will take that on board and you saying that that is absolutely contrary to what do that formally. has been your experience? Chairman: I am not suggesting you should; it is a Ms Roy: Yes, both policies are operating in a way matter for you to decide. that is, eVectively, widening out smaller, grass-roots V organisations that have been e ectively working in Q467 Margaret Moran: We have heard evidence in this field for a long time. The short answer is no, they either direction regarding the criminalisation of are not applying principles of diversity. On one forced marriage. Do you agree with that? hand, Supporting People is cutting the services on Ms Mouj: No, we do not agree with that. Our the basis of cost and what they perceive to be value member organisations who we deal with on a very for money, and, on the other hand, you have local daily basis, basically, do not agree with that either. authorities that clearly do not understand diversity They deal with forced marriages day-in, day-out, and what it means to provide the services that you and they regard criminalisation as a step that would, need on the ground for diverse communities. For essentially, weaken, not strengthen, women’s example, we are working with a group in position. More than that, evidently, experience tells Nottingham, at the moment, around their us not to look to institutions of criminal law to Supporting People funding and the oYcer said to improve the life of a black woman who is victimised them categorically: “We don’t need services for by gender-based violence, including forced South Asian women any more; these communities marriage. Like in any culture where there is a power have moved on. Surely we need to support new imbalance, it is by strengthening women that you migrant communities”. We are not disagreeing that will try and realign that balance, and by a sole focus you need to provide services for new migrant on law against violence against women you will not communities, but decisions are being made about address violence and abuse. Also, we must recognise community need on the basis of perceived need as that the provision for taking out injunctions already opposed to actual need. exists under the Family Law Act, so it is critical that we basically look to, as we have been doing, Q463 Gwyn Prosser: Lastly, what should we incorporating legislation around forced marriage recommend in our report in order to protect BME within the legislation as opposed to looking at V and specialist funding? something altogether di erent, essentially. Also, Ms Roy: We have got quite a few recommendations. critically—and I know that you have heard this One would be around having an integrated violence previously—only 24% of incidents of violence against women strategy. That is very much needed against women are reported to the police, and this because what is happening is that there are one-oV number is significantly lower when we are talking action plans being developed around isolated issues about black women. So there is a whole issue and that is where you are having poor practice on the around, in the process of leaving a situation of ground and a lack of resource in terms of frontline violence or forced marriage, how will the additional services. So we also think there needs to be some burden of making a decision about taking legal kind of campaign to re-interpret and re-frame issues action in the form of an injunction take place? That of honour, forced marriage and domestic violence will be a critical issue. within the broader framework of violence against Chairman: That is very helpful. Mr Davies has a very women and women from black communities. We quick supplementary. think there should be ring-fenced funding for women’s services and for black services. We think Q468 David Davies: Surely, if a man commits an act that local authorities need minimum standards and of violence against a woman—whether it is forced guidance because they are clearly not interpreting— marriage, beating her up after a night out at the pub or anything else—you would agree that the law should be invoked. Q464 Chairman: Have you put these representations Ms Mouj: Absolutely, absolutely. to the Government? Have you written to them about their proposals? Ms Roy: We have passed an early day motion and Q469 David Davies: So why not strengthen the rights part of the early day motion is that we have been of women by making forced marriage illegal? asking— Violence against women is quite rightly illegal; why not forced marriage? Ms Mouj: I think, absolutely, the perpetrators of any Q465 Chairman: What do you mean—you have act of violence should be— passed an early day motion? Ms Roy: As in we have asked for an early day Q470 David Davies: And forced marriage is an act of motion to be tabled. I am sorry—wrong term. violence, is it not? Ms Mouj: Forced marriage certainly could be an act Q466 Chairman: Have you written to the Minister to of violence. suggest that what he is doing is wrong? Ms Roy: We have spoken to Linda Riordan, who Q471 Chairman: So why not criminalise it? has tabled the early day motion for us, so she is Ms Mouj: It could be an act of bullying. What I am aware of some of the demands that we have put suggesting is that rather than have a stand-alone forward. So it is part of an ongoing campaign, really. case around forced marriage one should incorporate Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Ms Anjum Mouj and Ms Sumanta Roy that into the existing legislation around the Family Ms Roy: We think a much more useful intervention Law Act, because one of the things that we will do would really be about putting up generic posters that by the current approach to criminalising forced tackle issues around abuse, family conflict, etc, etc, marriage is that, essentially, it will form a racist part and that is the way that we know other organisations of the legislation— work with young women. That would be a more useful way and it would also make them feel that Q472 David Davies: Why? they could come forward and feel comfortable and Ms Mouj:—because of the way that works, not be targeted for bullying in schools. specifically targeting particular communities and Chairman: We have taken evidence on that. Thank not looking broadly at the issues— you.

Q473 David Davies: Forced marriage occurs in all Q481 Bob Russell: Ladies, you have talked about the sorts of communities—Christian communities. negative aspects of Supporting People. I wonder Ms Mouj: Indeed, in every community, yes. whether I can ask you, around the general community cohesion debate, has there been any impact on your member services, particularly So why would it be racist? Q474 David Davies: following on the views just expressed on the forced Ms Mouj: I think the current way that it stands is marriage issue? that we need to incorporate forced marriage into the Ms Roy: The community cohesion agenda is very Family Law Act and look very broadly at the impact much having an impact on services, and in relation of bullying— to the issue of single funding it is being connected to community cohesion, so services are struggling, in a Q475 David Davies: So make it illegal but do so by sense, to survive and are having to justify their the Family Law Act. existence on the basis of being— Ms Mouj: Yes. Q482 Bob Russell: Is that struggle to survive because Q476 David Davies: To make it illegal. there is disillusionment or a lack of funding, or a Ms Roy: There is an imbalance here— combination of the two? Chairman: If we could take a little bit of control of Ms Roy: A combination of the two. There is a lack this session, could you just answer the last question of funding and there is also disillusionment, and Mr Davies asked you? What was the last question? there are also commissioners that are questioning David Davies: Should it be made illegal by the the need for these types of services. That seems to be Family Law Act. a very prevalent view. Ms Mouj: There seems to be a real lack of Q477 Chairman: Just yes or no. understanding on the part of commissioners to Ms Mouj: Yes, forced marriage should be really know about the violence against women incorporated, as it has been doing. agenda and the remit of those services. So we are finding that commissioners are really questioning Q478 Margaret Moran: I want to clarify: as I whether refuge services or services around domestic understand it you are saying there should not be a violence need to exist, and that is problematic, specific crime, in the same way there is not a specific obviously. crime of domestic violence. Ms Mouj: Exactly. Q483 Martin Salter: We have taken evidence a few Ms Roy: Indeed. weeks ago from survivors who have made it clear to us that they were being forced into marriages purely Q479 Margaret Moran: Could you outline for us as a way of gaining an entry clearance visa for the what you think the implications might be if it were spouse, and then when the man had joined the to be identified as a specific criminal oVence in itself? woman as a citizen in this country he showed no Ms Roy: I think it is in danger of alienating interest and then disappeared, having gained entry communities that are already feeling quite alienated. clearance. Has that been a pattern of behaviour that As Anjum said earlier, only 24% of women are has come to your attention in the work you have actually reporting to the police. That is not to say done with survivors? that we do not want to encourage more women to Ms Mouj: No. We think that it is problematic to put report to the police, but what is happening is that it into the immigration debate in such a way. you are focusing very much on the criminalising aspect of it without giving due regard for the Q484 Martin Salter: That was not the question I mechanisms that you need in place to help women to asked: I said have you had any of that experience in make those decisions. The other thing is, for the work that you have done. You have never come example, the forced marriage posters. I know there across those cases at all? has been some debate (if I can illustrate by an Ms Roy: In a minority of cases but we would not say example) about whether schools should put up the vast majority, and those are the views of over 40 specific forced marriage posters. organisations that we also represent from across the country. Q480 Chairman: Yes. Martin Salter: Thank you very much. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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Q485 Mr Winnick: The current age for being Q489 Chairman: All the evidence that we have sponsored into the United Kingdom for marriage received is that in a place like, for example—and this purposes, as you know, is 18. Is there a case for is an example—Islamabad, people are gaining entry. raising that, say, to 21? We have had women give evidence where you are Ms Mouj: No, we think that this policy would sitting today saying that they are frustrated because unfairly discriminate against minority groups when, the Home OYce will not remove men who have eVectively, imposing a higher age for marriage with come into this country under a forced marriage. the chosen spouse than applies to the majority of the Ms Roy: Also, you have to look at the ways in which population. So, no, I think there is no evidence, data is collected on forced marriage, for instance. I really, to say that raising the age from 16 to 18 has imagine, at the moment, you are only getting a assisted in terms of preventing forced marriage. partial reflection of what the reality is. There is no evidence that it has stopped or prevented any cases of forced marriage. One of the things that we will find about increasing the age is that women Q490 Chairman: Yes, but how many cases have you will stay out of the country for longer; once they stop had to deal with of this kind? formal education here at 16 they might be taken out Ms Mouj: We do not have the exact figure, but of the country for longer periods of time if the age is certainly from our frontline agencies we could get an raised, and that would have a detrimental eVect; approximate figure, in terms of cases, in terms of women would lose confidence and it would be more people coming and gaining entry into the country. I diYcult for them to come out of that situation once think there is definitely a dialogue to be had there in they do come back here or seek help. So I think there terms of how do we support people that have been is no evidence to say that increasing the age will help forced into a marriage and had people come into the in any way. We think, essentially, that it would be a country. The other issue, of course, is the spouse discriminatory practice towards minority ethnic may not be aware that a forced marriage has groups. occurred; they may just not be aware of that. So, in a sense, we do have a responsibility to deal with that in a particular way. What we are saying is that it is Q486 Mr Winnick: What do you say to the not the major rationale or the major reason, in terms argument—and it may be a weak argument, I do not V of why forced marriage occurs. Why forced know—that there is a di erence between 18 and 21; marriage occurs—there are many, many other for someone who is 21 may be more reluctant to be reasons that member groups are telling us, and a lot involved in these forced marriages than someone of it is, obviously, to do with control and power; it under that age? might be to do with sexuality, it might be to do with Ms Mouj: I think forced marriage is something that a parent feeling a young person is going oV the rails. we feel very strongly is an issue that can be worked I understand that. Thank you for that with and prevented if we work, as Sumanta was Chairman: point. Mr Winnick has one final, tiny question. saying, with the generic posters in schools, where we are not just targeting one particular community and V we are working e ectively. In terms of the Forced Q491 Mr Winnick: Is there a possibility that Marriage Unit, they report 250/300 forced marriage Members of Parliament play a rather negative role in cases; essentially, there are going to be more cases these matters, in order to try and be helpful to their than that, but even if we look at the number of cases constituents? If they are seen by a sponsor in the I think that these are cases that we can work on to United Kingdom saying someone has been refused, prevent if we work in a way that is about community who wants to marry their son or daughter, the MP dialogue; about talking to people and communities takes the case up and perhaps has not got the means about traditional parenting values. Essentially, that to check. What do you say to that? would be a safer bet, a much more economical bet Ms Mouj: I would say that it is an MP’s and a much less institutionally racist bet to take this responsibility to respond to any of the needs of their debate forward. constituents, whatever those needs may be. I think it Ms Roy: Coercion can be very subtle, so I do not is also a responsibility to really fully check any case think we could clearly say that the coercion would be that is taken on. For some people whose spouses any less at the age of 21 as at 18. have been refused entry into this country it has been a really useful intervention, if they have chosen that Q487 Chairman: I am very surprised at the answer spouse—of course it has. Clearly, I cannot comment you gave to my colleague, Mr Salter. Were you on whether MPs should be doing their research in a implying that you have received no evidence that particular way that would be really involving all the people are using the immigration rules in order to parties involved in that discussion, not just from a come into this country under forced marriages? parental lead about “My child wants to bring in a Ms Roy: That was in a minority of cases, not in the spouse”. vast majority of cases. Q492 Mr Winnick: You are saying a Member of Q488 Chairman: I accept not in the vast majority, Parliament should try and be careful how they go but how many cases have you had? about these matters, otherwise they could be playing Ms Roy: I do not have an exact figure. the very opposite role to what we would like. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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Ms Mouj: I would say that would be a concern for if we were to write to Members of Parliament asking any member of the community; that they might feel them to provide a snapshot of their views of the that they are being helpful and useful in supporting situation drawn from their casework experiences, a family in getting what they think is an arranged some of which may be at odds with evidence we have marriage, and it might not be that. just heard. Chairman: That has caused Mr Salter to ask another question—he says it is very brief. Q493 Chairman: Indeed, I am sure we can do that. Martin Salter: It is not a question, I just want to put Thank you very much for giving evidence. Though something on the record, since this is a public you have said this is the first time you have given session. It builds on Mr Winnick’s observations. evidence, you have performed very well indeed. It Those of us with substantial minority ethnic must be a very nerve-wracking experience to face all communities do a substantial amount of casework these Members of Parliament. Thank you for what related to immigration. We have some experience in you have said. We will be publishing our report at our casework of the types of stories that are brought the end of May and we will send you a copy, but in front of us. Chairman, I think it would be useful thank you for your help. Ms Mouj: Thank you.

Witnesses: Mr John Gaskin, Managing Director, Education Bradford, Ms Kath Tunstall, Director, Children’s Services, Bradford City Council, and Mr John Freeman, Joint Director, Association of Directors of Children’s Services, gave evidence.

Q494 Chairman: Thank you very much for coming Q497 David Davies: Mr Gaskin, good morning. to give evidence to us today. Ms Tunstall, you are the How many of the 34 children in Bradford who have Director of Children’s Services for Bradford not attended school for two months or more have Council, which, I understand, provides its children’s you been able to locate since your letter to the DCSF services through Education Bradford, which is why dated 14 March? John Gaskin is here. Mr Gaskin: If I may, I have three sets of figures here: Mr Gaskin: Some of them, Chairman. one from January 31, which I think were the figures that the Minister referred to, of 205 pupils all together on the register; on 7 March there were 192 Q495 Chairman: Some of them—the ones that are children on the register, and on 19 March there were pertinent to this inquiry, anyway. 180 pupils on the register. May I, Chairman, very Mr Gaskin: Yes. briefly, give the categories that we put the children under, because I think it is pertinent? We have one category of children missing from education. Those Q496 Chairman: And Mr Freeman is the Joint are children who have left a school and the parents President of the Association of Directors of have not informed the school about where they are Children’s Services. Is that right? going. We have another category of children Mr Freeman: That is correct, and I am in charge of removed from a roll after extended leave; so children children’s services in the borough of Dudley, in the who have applied for extended leave and do not West Midlands. return within ten days of the end of that extended Chairman: Excellent. May I begin, first of all, by leave, we take them oV the roll. So we have that as a thanking you for giving evidence at such very short category. We have a category of pupils who we know notice. The inquiry was about to conclude when we the whereabouts of—they are in Bradford—but they took from Kevin Brennan, the Minister at the are not on the roll of a school. So we are actively Department for Children and Families, and he came trying to get them on to the roll of a school. We have out with a rather extraordinary statistic about the one other category, which is pupils referred to us by number of children missing from the rolls in other local authorities who believe that the children Bradford. Taken with a statement made by the might be in Bradford. So we have those four Forced Marriage Unit that Bradford and 14 other diVerent categories. Clearly, in terms of children local authority areas were areas where they were missing as opposed to children missing from concerned about the high incidence of forced education, the ones that we know are in Bradford marriages, the evidence of the Minister prompted a but not on roll are not, in that sense, missing; we are whole series of new questions about the relationship actively— between the local authority concerned (not just Bradford but also other local authorities) and the issue of forced marriages. We subsequently heard Q498 Chairman: We understand your categories, from the Minister and we published his letter in but in answer to Mr Davies question, of the 34 how which he listed another 13 local authorities. That is many have you not been able to locate? why Mr Freeman is here today. That is the context Mr Gaskin: The number 34 on 7 March: 26 pupils of what you are here to discuss with us today. We that were on the register for more than two months, have a number of questions around those statistics. missing from education, and eight pupils removed I want to start with David Davies. from a roll. That figure is now 27 on the March— Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Mr John Gaskin, Ms Kath Tunstall and Mr John Freeman

Q499 Chairman: So there are 27 still you cannot Q508 David Davies: And there are some who are on locate? extended leave who are girls. Until you mentioned it, Mr Gaskin: Twenty pupils that are missing from we have not looked at those on extended leave as education for more than two months and seven that being part of the problem. We have looked at those have been removed from roll. who have not returned from extended leave, but clearly those who are on extended leave are very relevant to this issue. So I think we would appreciate Q500 David Davies: Not only are 27 missing but, also, presumably, that figure does not include figures on that, with perhaps a breakdown of the sex children who have gone on extended leave. How and ethnicity as well, if possible. many are actually on extended leave and, to your Mr Gaskin: Which I can provide, yes. knowledge, have been taken out of the country? Mr Gaskin: I could get you those figures. I do not Q509 David Davies: What are you doing to try and have those figures with me. I can tell— identify where those who are missing actually are? Mr Gaskin: We follow all the procedures that are required. So if a school reports that a pupil is no Obviously, what we are Q501 David Davies: longer at school and they do not know where they investigating is the forced marriage, abduction and are, they are asked to make reasonable inquiries, and rape, eVectively, of young girls, and many of them it is referred to the Education and Social Work will have been taken on extended leave and the Service that visits their last known address. If after reason given will have been that they were going four weeks there cannot be any trace found of those abroad, because there will not be many other pupils then their details are uplifted to the missing reasons acceptable, will there? Is it fair to assume children’s database at the DCSF. In relation to that all those on extended leave will have been children who have not returned from extended leave, taken abroad? inquiries are made at the address and inquiries are Mr Gaskin: It is not fair to assume that all of them also made, where possible, with extended family on extended leave are abroad, no. members to see whether or not they have any information about when the families will be Q502 David Davies: But most of them. returning. Mr Gaskin: It may well be, and I would need to get the breakdown of numbers. Q510 Chairman: The reason why Mr Davies is pressing you on these figures is because the figures, Q503 David Davies: Are we talking about over 100 originally, came from the Minister, and we were on extended leave, do you think? unclear then what they all meant. I have to say I Mr Gaskin: Again, I would not like to speculate. I think it is unsatisfactory; I am still unclear about can tell you that we have— precisely what all these figures mean, and I think we need these figures as soon as possible. What Mr Davies is asking is: what inquiries are then Q504 David Davies: I am sorry if my tone does not sound as warm and friendly as it should, but it is a undertaken by the Department? serious matter. Mr Gaskin: By the DCSF? Mr Gaskin: There are, at the moment, 15 pupils on the out-of-school roll, removed from roll after Q511 Chairman: By yourselves. That is why you are extended leave—seven of those have been on for two here. The DCSF has nothing to do with us; it is all months or more. I can tell you that as on 19 March, up to Bradford. What is Bradford doing about it? in terms of breakdown of gender and ethnicity—and Mr Gaskin: I will try again. I am sorry if I am not we have not been asked for any numbers by gender being clear, Chairman. When a notification is made or ethnicity—so all the figures— by a school that a pupil has gone missing—they did not know where they were going and they have just left—inquiries are made at the last known address to Not been asked by the Q505 Chairman: see whether or not there is anybody there. After a Department? month the details of that child are uplifted on to the Mr Gaskin: No. All the figures that have been DCSF database. We check regularly on that bandied around in the press that assume these are all database to see whether or not another school girls—it is incorrect. anywhere in the country has downloaded—

Are you going to give us the Q506 Chairman: Q512 Chairman: The Committee understands that. I correct picture? think the concern we have is that we have been given Mr Gaskin: As at 19 March, in relation to secondary information by the Minister and we are no clearer as age pupils, there were no girls who are on the register to where this information leads us. How many because they have been removed from roll for children are you currently concerned about in extended leave. There are no secondary-aged girls on respect of these matters? Are there any concerns the register. about any of these children or are you absolutely satisfied everything is fine? Q507 David Davies: But there are girls— Mr Gaskin: If you mean in terms of concerns about Mr Gaskin: There are some “missing from whether or not any crimes have been committed, education” who are girls. part of the process which the Education and Social Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Mr John Gaskin, Ms Kath Tunstall and Mr John Freeman

Work Service goes through is to look at the Q522 Mr Winnick: So, basically, it is more primary? individual cases and assess against the criteria in the Mr Gaskin: No, it is ten in primary, 17 in secondary. statutory guidance— Q523 Mr Winnick: Are you able to give us any Q513 Chairman: We understand that. information about the ethnic position of those who Mr Gaskin:—whether or not there is any concern are missing? about a crime— Mr Gaskin: On the secondary?

Q514 Chairman: Are you concerned today, on 25 Q524 Mr Winnick: Yes. March? Mr Gaskin: Of the females, four ethnicity not Mr Gaskin: No, no. recorded (as you know parents can opt not to state ethnicity on the returns), three white British and one Q515 Chairman: No concerns about any of the Irish traveller. Of the males, one “any other children? Pakistani”, three not given and four white British. Mr Gaskin: We do not have any concerns about That was on the missing from education on the whether or not any of those are victims of crime. We removed from roll. As I said, there were no females do, as part of our process, after two weeks, write to and the males were “any other Pakistani” or Mirpuri health, the police and social care to ask them if they Pakistani. have any information about those pupils. We repeat that a month later. Q525 Mr Winnick: Our concern is only about forced marriage and the possibility, as you will appreciate, Q516 David Davies: Once those children have that those who are missing are being pressurised one reached the age of 16 and are legally eligible to leave way or another into forced marriages. A moment education, do they then go oV the radar? ago, you said to Mr Davies that you are satisfied that Mr Freeman: The position on that is that they are no none of those missing have been the victims of longer children missing education. crime. Yes? Mr Gaskin: Applying the criteria, yes. We have no Q517 David Davies: So, basically, a child disappears reason to believe that they are, that is correct. at the age of 15, inquiries are made for a month or so and then the child’s name is put on to a database Q526 Mr Winnick: Do you have any reason to at DCFS, but as soon as that child’s 16th birthday is believe any of those who have been missing for two reached it does not matter whether they are never months or more could have been involved in forced heard of again—nobody will actually be looking marriages? for them. Mr Gaskin: We do not have any reason to believe Mr Freeman: From the point of view of statutory that, no. May I just extend that answer, very briefly, education, that is correct. Of course, safeguarding Chairman? I do think we need to relate this to the concerns remain, but in terms of the database of wider child protection procedures. Our child children who are in statutory education they will not protection training, which is quite extensive, does be on that because they are past the age. cover forced marriages as one of the issues in there, and the guidance that we give to schools about Q518 David Davies: I understand that. What is the forced marriages talks about the kind of indicators age of the youngest missing child? that people should look for. So we know that people Mr Gaskin: I believe it is six. are aware of it and we know that they know what to Chairman: We need to move on now to the next set do if they have concerns. of questions. Q527 Bob Russell: Mr Freeman, I think the Q519 Mr Winnick: Mr Gaskin, if we can just clarify Committee, at its last meeting, may have felt it had the position. You say it is now 27 children who are inadvertently stumbled across a major scandal and missing from secondary schools for more than two while the numbers may not be as great as we were led months. Is that the position? to believe, nevertheless, there is something of serious Mr Gaskin: It is 27 pupils in secondary and primary concern, I think, that I would like to put to you. How in the two categories— good are children’s services at identifying the warning signs of children who are about to be taken Q520 Mr Winnick: Can you break that down, abroad for a forced marriage, for example, during because we are more concerned over secondary the school summer holidays? ones. How many of those 27 are missing from Mr Freeman: As has been said already, and I can secondary education? reflect this at a national level, local authorities have Mr Gaskin: Missing from secondary education on 19 policies in place around this area of activity. My own March there were six females and eight males. has, through its own safeguarding board, as has Bradford, and as has all other local authorities. Q521 Mr Winnick: We are writing that down. Six There is training in place, of course, and the training females and eight males. includes issues around the warning signs: Mr Gaskin: And removed from the roll following behavioural changes, under-achievement at school, extended leave, secondary, no females and three sudden changes in demeanour and low self-esteem— males. things of that sort. Schools and responsible teachers Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Mr John Gaskin, Ms Kath Tunstall and Mr John Freeman are well aware of all that. The same is true of other agencies; what could they have known; what colleges. In terms of the practice, as with the was done, what could have been done, what should previous response, there is no evidence that I am have been done and some statistical information aware of, and I have done some checking across a around actually the numbers, the ages and from number of the local authorities—the 14 and some where and to where they were taken. more as well—around incidents of concerns about forced marriage. The incidence is relatively low, with Q530 Bob Russell: If your organisation would care only a small number of young people either to write to the Committee with suggested disclosing or having concerns raised about them in recommendations, I am sure that would be very this respect. I think my concern in the context of the helpful. Mr Gaskin, you have covered in part the question, which is not being quite clear about how question I am about to put, but I think, for the many children are concerned, is that the evidence record, I will do so. The Committee is being led to from local authorities is that the number is relatively believe that the most vulnerable age for forced limited. Indeed, I am aware, across the country— marriage is the age group 16 to 24. Bearing in mind and this is not a national survey but it is across a that you have responsibilities for the lower end of survey of the 14 authorities plus a few more—of two that age range, is there anything that can be done to children who are currently going through some sort track and identify children at risk from age 16 and of safeguarding procedure because of the fear of above? Do you feel that schools could introduce forced marriages. There are some issues there about special training for those turning 16 or finishing where the FMU gets its data from and how it all gets compulsory education? collected. Mr Gaskin: I can give a specific example of one of our schools in Bradford that does make sure that Q528 Bob Russell: Was the Committee, at our pupils aged 16 and above do cover this in the previous meeting, inadvertently misled into thinking curriculum and are given information about who there was a problem where, this morning, the they can contact locally if this is an issue for them. indications are there is not a problem? Bob Russell: I will ask you if you could arrange for Mr Freeman: I cannot tell what happened at the that to be sent to the Committee because I think that previous meeting but it certainly has been the case might be useful. Thank you. that forced marriages are part of local policies and procedures and have been for a period of years. The Q531 Martin Salter: Probably my first question is to predecessor association for ADCS, the Association Kath Tunstall and John Gaskin. There has been a lot of Directors of Social Services, worked with the of talk in the media about numbers, and some of it Government to produce some guidelines in 2005, has been inaccurate. A child missing from a school and they have been well disseminated. Those register, clearly, does not necessarily equate to a guidelines talk about social care practice and forced marriage, but that does not stop us, as a education practice in the context of the warning Committee, from trying to get some clear idea of the signs that one might look for. extent of the problem. Bradford has been highlighted, both as an authority where a lot of Q529 Bob Russell: Mr Freeman, you are before a support services are in place but it has also been Select Committee of the House of Commons, so I highlighted as an authority where the practice of am going to ask you: are the procedures good forced marriage has been known to occur, with enough to respond in such cases? Here is an perhaps a higher incidence of it than elsewhere in the opportunity for you to say how those procedures country. How many young people over, say, the last could be improved if you feel they ought to be four or five years, do you think—just as a rough, improved. ballpark figure—may have been forced into Mr Freeman: I think, generally, the information I marriages against their will, and how many have is slightly inconsistent. Let me explain that instances, to your certain knowledge, have there because I think it is an important point. The been where the issue has been reported to the police information I have from local authorities—indeed, or to child protection authorities? my local authority—is that polices, training and Ms Tunstall: Thank you. Yes, I am the Chair of the practice are pretty sound. There are some children Safeguarding Board in Bradford, as the ADCS. who we do not know where they are, but Over the last three years we have had three cases of investigation will take place and we are reasonably forced marriage of under-18s. content. If a child is missing there is always a concern—I do not wish to minimise that. Having Q532 Chairman: In Bradford? said that, across the country, FMU says that there Ms Tunstall: In Bradford, yes. The point that John are something like 250 cases a year, and probably was making earlier, I think, is a valid one, that we do more than that. That gives me some concern because have very robust training, undertaken on an the information is inconsistent. Certainly, as an interagency basis in conjunction with the FMU, who association, in the light of the work of this are very helpful in delivering that training. We have Committee and the evidence that has been given to two courses a year; it is open to the voluntary sector you, both this morning and previously, we want to and the statutory sector and we have had over 70 work with the Departments on some research on people trained. The issue here is about awareness, it case studies (you have heard some particular is about prevention, it is about everyone being aware testimony): what did the local authority know and in order to help support young women and make Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Mr John Gaskin, Ms Kath Tunstall and Mr John Freeman sure that young women and pupils, particularly in emphasise the crucial nature of the empowerment of our secondary schools, have access to information young people in dealing with this particular problem where they know they can talk safely and in and issue? confidence to a trusted adult. It is a priority in our Ms Tunstall: Absolutely I would, whether it is a children’s plan that every young person does have a discussion about training materials, whether it is trusted adult that they can turn to. It is important to about posters, whether it is about cards to hand out, have that training in place to create that awareness. so please involve those young people in designing It is equally important to have very robust those posters and cards because they know exactly procedures in place so that one can respond what young people will respond to. eVectively when reports are made to us. I am Martin Salter: That is very, very helpful indeed; confident, of the three cases that we have dealt with, thank you very much. that procedures have been complied with. We review our procedures every six months on forced marriage, Q538 Margaret Moran: You referred to three cases they are on our website and they are available, and in Bradford in the last three years of which you are we discuss those with the Forced Marriage Unit. aware. I do not know if you are aware of the report from Luton? Q533 Martin Salter: Just for the record, you said Ms Tunstall: Yes. three cases in the last year. Ms Tunstall: The last three years. Q539 Margaret Moran: And if there are any implications there that you would like to draw out. Q534 Martin Salter: So one case a year. Are you aware how many cases have been dealt with Ms Tunstall: Yes. by the voluntary and community sector within Bradford during the periods to which we are referring? Can I follow up on that? On Q535 Martin Salter: Ms Tunstall: We work very closely with the your website, the BSCB website, you have got a very, voluntary and community sectors, both through very helpful link (?) which is, eVectively, advice to delivering the training and through the development agencies involved in this field. Of the use of national of the procedures. Clearly if there were any cases resources highlighted at the end, forced marriage that required intervention and child protection does not appear to be here, which seems strange, procedures needed to be involved, I am confident given that the document was drawn up in that the voluntary sector would bring that to our conjunction with the Forced Marriage Unit. Is that attention. The issues to me are protecting the young purely an oversight? You say, at the end here, Ms person and the need to secure the protection of that Tunstall, “Use of national resources: Foreign and young person, and the voluntary sector and the Commonwealth OYce” and then you go on to list community sector are very well aware of that, and I the NSPCC, a range of national organisations and a am confident that they would bring those situations range of local organisations. to the attention of the statutory authorities if they Ms Tunstall: If you go to the Foreign and felt that protective action was needed to be taken. Commonwealth OYce, there you will get the FMU details because they are located within the FCO. That is the route into the FMU. Q540 Chairman: What worries me, Mr Freeman, is that in the letter that the Minister sent to this Committee we talked about the 14 local authority Q536 Chairman: The point Mr Salter is making is areas. In that letter the Forced Marriage Unit talks that the Forced Marriage Unit has obviously been about the high incidence—and you mentioned three set up to assist in trying to discover these forced cases—of forced marriages in those 14 local marriages. What contact have you all had with the authority areas. Was that the first time you heard Forced Marriage Unit? Have any of you ever visited about that information? the Forced Marriage Unit? Have any of you ever had Mr Freeman: That 14, certainly; that is correct. the Forced Marriage Unit come to visit Bradford and give information about what is going on? Ms Tunstall: Yes. Mr Freeman mentioned earlier Q541 Chairman: The first time you heard about it about the development that involves directors of was when the Minister gave evidence to this social services in setting up the education guidance Committee? that was issued in 2005. Bradford hosted a Mr Freeman: From the FMU. I think there are some conference with the Forced Marriage Unit that questions that we need to hear about and find out actually helped set up and deliver that guidance and about in the research, for example what is the age of those procedures. So Bradford has been in very close the young people concerned? contact with the Forced Marriage Unit for a number of years. As I said, they are one of the trainers on our Q542 Chairman: We understand that, but that is the interagency courses. first time you heard about that information? Mr Freeman: Yes, that is correct. Q537 Martin Salter: I was very interested in what you were saying about the need to give young people Q543 Chairman: And what have you done as a result the confidence and to empower young people to of hearing that there are 14 areas of the country speak out. Would you encourage us in our report to where there is a high incidence of forced marriage? 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25 March 2008 Mr John Gaskin, Ms Kath Tunstall and Mr John Freeman

Mr Freeman: I have personally spoken to or Mr Freeman: Yes, indeed, Chairman. contacted the Directors concerned, and also some other areas as well, with a view to assessing whether Q546 Chairman: Is there anything else that you can the position is as stated. Generally, I would have to tell this Committee that is going to be helpful for us, say, as I responded earlier, that the incidents of other than what you have already said, in respect of forced marriages, as you heard from Bradford just this inquiry? now, is relatively low. Mr Freeman: In terms of the children missing education and forced marriages I have asked the Q544 Chairman: Yes, I understand that. I am talking question of all the 14 authorities and others as well about the information now. I understand all the and none of them have come forward with any points you have made. Have you therefore evidence to link specifically children missing subsequently contacted the Forced Marriage Unit education with forced marriages in the context of and asked them where they got these figures from, current fears about forced marriage. which have resulted in so much additional work for yourself and the other 14 local authorities? Q547 Chairman: So we will still try to find out why Mr Freeman: That is an action I have not yet taken the Forced Marriage Unit came up with these 14 but it is on my list to do. areas? Mr Freeman: Indeed. Q545 Chairman: So you will be contacting them. Chairman: Thank you very much for coming to give Will you also be contacting the Minister to explain evidence at such short notice; we are extremely the figures that you are going to give? grateful.

Witnesses: Meg Munn MP, Parliamentary Under Secretary for Consular AVairs, Mr Mark Sedwill, Director, UK Visas and Mr Rob Macaire, Director, Consular Services, Foreign and Commonwealth OYce, gave evidence.

Q548 Chairman: Minister, Mr Sedwill and Mr forces and we always push very hard for action to be Macaire, thank you for coming. We now go to the taken, but that can be very frustrating for families in last session of our inquiry into domestic violence and many situations, so it is certainly not the only family forced marriages and we are very pleased to welcome to make complaint in relation to that, but they often the Minister at the Foreign OYce, Meg Nunn, and focus around what is seen as our inability to Mr Sedwill and Mr Macaire from her Dept. intervene in what are essentially investigations. Minister, perhaps I could start by asking you a Perhaps I can ask Rob Macaire to respond question based on evidence that has been given to specifically? this Committee. Jagdeesh Singh, the brother of Mr Macaire: One thing I would say is that in all our Surjit Athwal, has suggested to us that the United training and in our guidance to consular oYcials Kingdom Government aVords greater priority to there is a great stress placed on providing consular white citizens in intervening with foreign assistance impartially and without any governments than to Asian or other BME citizens. discrimination. We track that in introducing the How do you respond to that very serious accusation? possibility for people to register and monitor their Meg Munn: I respond by saying that my ethnicity, to record their ethnicity as part of our understanding—and obviously I was not the customer satisfaction procedures. We do not Minister at the time—was that the consular services actually try to record ethnicity as we give provided to the family in that situation were exactly assistance—I think that would be a diYcult thing to the same as would have been provided to a white do. That is something that has come out of our family. So I reject that accusation. looking at how much we can monitor this, which partly comes out of the conversations that Jagdeesh Singh had with Jack Straw. Q549 Chairman: Is there any monitoring that currently goes on in the Foreign OYce, in the consular services section where people make Q550 Chairman: But what has happened to his complaints of this kind? Because apparently he complaint? He has raised it with the Foreign made the complaint to the Secretary; he has raised it with this Committee. Is he himself, Jack Straw. Was there anything done to now satisfied? Has someone been to see him? When follow up on that complaint? people make very serious complaints of this kind are Meg Munn: I will perhaps bring in Rob Macaire in they followed through by the FCO? a moment to give some more details on that. But if I Meg Munn: Of course they are. can say that in a number of consular situations people do indeed make complaints. In situations Q551 Chairman: They are. So it is now concluded, is where people are missing, murdered, it is obviously it—somebody has seen him? extremely serious, but it is also very diYcult because Mr Macaire: We have not seen Jagdeesh Singh we are not empowered to investigate crimes that recently; we would be very happy to see him, and have taken place in other countries. We do liaise indeed to see anyone who has allegations like this. I obviously with other governments and with police would be very happy to talk to them. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Chairman: That would be very helpful. monitor the quality of the work and how we get the feedback from the people involved who have experienced attempted forced marriage. Q552 Mr Clappison: I understand the constraints which there are on you in these cases and that the Mr Macaire: I think fundamental to the work that expectations of the families involved may run ahead the Forced Marriage Unit does is its very close of what you are actually able to do, but looking at relationship with a number of NGOs who are active the history of this from his point of view then the in this area, and I think we get a lot of useful feedback from them as to how eVective government point of view that he has come to does not strike me V as being completely unreasonable, I have to say. Are interventions are and how e ective the work of the you prepared to revisit this case and have a look at Unit is in dealing with the problem, and I think it is it and write to us giving your side of the history that fair to say that we are learning all the time, and the has taken place, because he has given us his history Unit has been in existence since 2005 and the and, as I say, he does not strike me as being forerunner of it has been around since 2000 and over somebody who is unreasonable in his account of that period we have learnt an awful lot about dealing what has taken place? Would you be prepared to with these problems and a lot of that has come from that? feedback from the individual casework that we deal Meg Munn: Of course, and that is something that I with, which is one of the biggest areas obviously that would do as a matter of course if people want further teaches us how to deal with these cases, and from our details on that and of course if Mr Singh is happy for interactions with communities, with practitioners, us to do that. In addition to which, it is certainly not and with NGOs. It is an ongoing process of unusual for me to have meetings with families; it is improving how we do it. Certainly, coming back to usually the Minister who has responsibility for that the earlier question, there is no doubt that we have part of the world who will meet with a family where learnt an awful lot since 1998 when Surjit Athwal there is a consular issue, and it is certainly my disappeared. practice—and I have no reason to think that it is any diVerent for any other Ministers—that if the Q556 Margaret Moran: Could I just clarify, do you Member of Parliament for the particular person get systematic feedback from those who are trying to approaches the Minister and wants to discuss issues assist forced marriage victims and survivors and then the general position would be indeed to have a what information then do you produce for the meeting and to try and get to the bottom of what Minister, on a systematic basis? those issues are. As you rightly say, sometimes we Mr Macaire: We do not send out a survey for will end up disagreeing because the family feels that systematic feedback, we get feedback as part of an we should do more than we are actually able to do ongoing contact with the people we are dealing with, and, as I say, that particularly relates to and obviously if we get any complaints we will look investigations and legal processes where we cannot into those and deal with those accordingly. We do intervene in the investigations in another country. not have a survey, if that is what you mean. Margaret Moran: I am just asking about any systematic feedback. You can write to us giving us Q553 Mr Clappison: Chairman: We will be coming on to the Forced the history—a blow by blow account of what has Marriage Unit at the end, Ms Moran, so we can ask happened and what has been done? the Minister then. David Winnick has some Meg Munn: Absolutely. questions on consular powers. Chairman: That would be extremely helpful. Q557 Mr Winnick: Minister, obviously we are Q554 Margaret Moran: As you said, you do not concerned as to what protection can be given to a meet with the families in relation to individual cases British citizen who has been forced into the sort of but where there are cases of forced marriage do you marriage that we have just been speaking about. So get any feedback from either organisations directly what protection can be given to a British citizen in involved with FMU or families who have been such circumstances? trying to assist their relatives in relation to forced Meg Munn: Are you talking about a British citizen marriage? Do you get any feedback at all? here in the UK or abroad? Meg Munn: Are you asking at ministerial level or within the Forced Marriage Unit? Q558 Mr Winnick: A British citizen abroad who has been forced into this type of artificial marriage? Q555 Mr Clappison: I am asking at ministerial level Meg Munn: A great deal of assistance can be given. but you can answer about the Forced Marriage Unit If the person approaches the Embassy or High as well. Commission then they will be interviewed, or even if Meg Munn: So far nobody has approached me and somebody else does we can go and rescue people— asked to have a meeting in relation to an incidence we have good relationships in particular areas where of forced marriage or attempted forced marriage; so there are a number of these circumstances where the it is not that I would not meet with families or a police can assist and will go and rescue them. We will victim or a survivor, I would very happily do that if help people to return to the UK and we will help a request were made and there was a specific focus them on their return to the UK with all the issues to that. In terms of the unit, perhaps I can ask Rob that arise from a situation where perhaps they are Macaire again to respond in terms of how we estranged from their family and their community, Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire including financial support and assistance like that. because of the awareness campaigns we have had in I have Mark Sedwill with me who has been in Pakistan with NGOs, people are more likely to bring Islamabad and can give some more detail if you these cases to our attention. would like that. Q567 Mr Winnick: On these rescue operations the Q559 Mr Winnick: How many of these rescue procedure is obviously that the British authorities operations have occurred, say, in the last couple of can only ask the local police outright—the British years? And do I take it that this would be on the authorities can do no more than ask for the full Indian sub-continent more than anywhere else? cooperation of the police in the given country; am I Meg Munn: The figures are predominantly there but not right? not exclusively. Meg Munn: Yes; and the situation is that where these situations are arising relationships are being built up with the agencies in those countries so that when What are the figures? How many Q560 Chairman: there is a need for this action to be taken there is a rescues did we undertake in the last year? good understanding of what is required and then Meg Munn: We have been trying to get these down that action goes ahead. because the situation is that—

Q568 Mr Winnick: Would it be right to say that the Q561 Chairman: Who has them? Indian, Bangladesh and Pakistan authorities, the Meg Munn: If I could just explain? The situation is immigration and police authorities in particular, that there are numbers that will be seen through the are helpful? Forced Marriage Unit in the UK and then there are Meg Munn: Yes, I think that is my understanding of additional figures that are seen in other places. Mark that. I do not know if Rob can give a little more or Rob—I do not know who has actually got them detail? here. Mr Macaire: Yes. What would typically happen is that our High Commission would go to the place Q562 Mr Winnick: If we could just take the Indian where the individual was about whom we were sub-continent, the figures for the last two years on concerned; they would rely on the support of the the Indian sub-continent where rescue operations local police to go there and find the location, but it have been coordinated by the British authorities? would be probably the High Commission and Mr Macaire: Last year we dealt with 168 overseas consular staV who would go in and talk to the cases of forced marriage. Not all of those were actual individual concerned and talk to the family as rescues. I do not have the figures here but we can necessary. It does rely on the cooperation from local provide them for you. authorities and we do get that.

Q563 Mr Winnick: A total of 168. Q569 Mr Winnick: Which you are getting? Mr Macaire: A total of 168 overseas cases last year. Mr Macaire: Yes.

Q564 Chairman: For the calendar year last year Q570 Mr Winnick: You were a little hesitant. there were 168? Mr Macaire: No. I think they are positive about it. Mr Macaire: Yes. It happens very much at the working level; it is about getting policemen in a particular area to be helpful and supportive on forced marriages. Q565 Mr Winnick: And mainly on the Indian sub- continent out of those 168? Mr Macaire: The majority, yes; over 85% in the Q571 Mr Winnick: In the main you are satisfied with Indian sub-continent. the level of cooperation, would that be right? Mr Macaire: Yes. That is very useful information. Q566 Mr Winnick: Just finally, where rescue Meg Munn: I think it would be helpful at this point Q572 Mr Winnick: operations have taken place, say in the last two if Mark Sedwill also explained that those were the years, what has actually happened in practice? Has consular cases in relation to the visa applications. the UK citizen come back to Britain? Mr Sedwill: Chairman, thank you. The consular Mr Macaire: By and large, yes. cases of course involve British citizens, as Mr Winnick was just asking about. In Pakistan, for example, last year we had 450 cases which related to Q573 Mr Winnick: Without being involved in any family abuse—not all of those of course are forced marriage whatsoever? marriage necessarily, but they are cases of which Meg Munn: We do have some case examples which forced marriage is a proportion. 250 of those were we have looked out, if the Committee is interested, reluctant sponsors, which is generally the way that which we can either talk to or we can send you forced marriage issues come to the notice of the subsequently, whichever you prefer. immigration system; but we had 86 vulnerable adults, for example, as well. Then in Bangladesh— Q574 Martin Salter: To what extent is forced the numbers are much less—it was around 30 and in marriage, in your view, Minister, used as a tool to get India it was around a dozen, and that is partly entry clearance for people into the UK? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Meg Munn: That is certainly one of the reasons but it Q577 Martin Salter: Just one follow-up question, is not by any means the only reason. There are many did I hear you correctly, Mr Sedwill, that you were other reasons why forced marriages take place, talking in terms of 450 cases of reluctant sponsors, is sometimes to do with family, sometimes to do with that right, from Islamabad? community issues, so we would not make an Mr Sedwill: 450 cases which we handle essentially as assumption that a situation that was brought to our family abuse cases; around 250 we define as reluctant attention either in the UK or elsewhere was sponsors. There are other categories where it is the primarily for that reason; it would need to be based other way around—we have reluctant applicants on the evidence in that particular circumstance. where essentially the victim of the forced marriage is actually the applicant rather the sponsor. And we have around I think 86 vulnerable adults where we Q575 Martin Salter: Many years ago we got rid of have people who are severely disabled who are the Primary Purpose Rule, which was much hated by somehow involved in a marital case of this kind. So minority communities in this country and was seen it is 450 in total, 250 reluctant sponsors in 2007. as an excessively harsh tool for keeping families Chairman: We will now move on to immigration and apart. There was only argument I ever heard at the specifically this point, but it would be very helpful, time in favour of the Primary Purpose Rule, and that Mr Sedwill, if the Committee could receive those was that it potentially provided a bit of a safety figures over the last five years as soon as possible as V bu er to prevent forced marriage. I never heard that we intend to complete our inquiry by the end of argument then expanded or justified but I do think May. it is worth just sticking that into the public domain Mr Clappison: Which figures are those, Mr again in the context of this inquiry. Have you had a Chairman? chance, Minister, to reflect on whether the Primary Chairman: On forced marriages, that Mr Sedwill has Purpose Rule did give any protection at all against just referred to. forced marriage? Meg Munn: I do not what the actual figures were at that time because I have not researched back on Q578 Bob Russell: Chairman, I would like to that—I think it was 1997 and one of the early things continue the line of questioning started by Mr that the new Labour Government did. I think we Winnick and continued by Mr Salter. The need to remember that although forced marriage is Committee has been told that in 2006—we do not clearly very serious and although we are absolutely have the figures for 2007—that 47,100 people were clear that what we are seeing is not the full extent of admitted to the UK as a spouse or fiance´(e) for the it—with all these issues there will be a lot of hidden two year probationary period—960 a week—and almost 17,000 of those were from Pakistan, India cases that we are not seeing—on the other hand and Bangladesh collectively. When a British citizen forced marriage is still only a tiny proportion of applies for a marriage visa for their non-British marriages that take place. So I am not sure that it spouse why is the spouse interviewed but not the would be particularly helpful to move back to that. sponsor? You have fielded that one, have you? What we do use—and Mark will give me the exact Mr Sedwill: I wondered if the Minister wanted to terminology for this—is as to whether the marriage start. is a genuine marriage and the parties intend to live together permanently. Q579 Chairman: It is an issue of policy but there are practical implications. What is the policy behind Q576 Chairman: We will be coming on to the this, first of all? marriage and the spouse issue in a second. Do you Meg Munn: The policy would be the sheer volume of want to respond to the first of Mr Salter’s points, the situation in terms of what the issues are, but let Mr Sedwill? us be clear that neither am I an immigration minister Mr Sedwill: Of course the Primary Purpose Rule was either; but let me move on to get the detail of this. abolished before we really started to do forced Mr Sedwill: I simply wanted to let the Minister start. marriage casework in an organised way, so we do Essentially the Immigration Rules are configured not have a real example against which to test it. It around the applicant and that has been a principle of could have been a pretty blunt instrument, to be the Immigration Rules for quite some time. We are honest, in this case. As the Minister says, there are changing that a little now with the point based quite strict requirements anyway for a spouse or system—institutional sponsors have more legal fiance´(e) settlement: the marriage has to be obligations on them as part of the current visitor subsisting, the partners have to have met, they have consultation, indeed the marriage to partners to be over 18 and so on, and they have to be able to overseas consultation—and there is in a sense a maintain and accommodate themselves. So we have philosophical shift which might require the a range of tools within the immigration rules as they Immigration Rules to concentrate formally on the stand, which are broadly equivalent to a test that sponsor, but the Immigration Rules are set up so essentially requires us to establish whether the that essentially the legal contract is with the marriage was genuine. Primary Purpose rather put applicant rather than the sponsor. In these cases we the burden of proof the other way around and that would not conduct a formal structured interview might have helped with some forced marriage cases, with sponsors—apart from anything else that might, but of course would have had much wider particularly through the immigration process, alert consequences as well. the family to the fact that the sponsor has tipped us Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire oV that there is something wrong with the marriage. Q582 Chairman: How will they meet the sponsor if That contact with the sponsor would usually happen they are not going to interview them? in advance of the formal visa application and would Mr Sedwill: They do not necessarily go through a be handled through the Forced Marriage Unit or the formal process of the interview; it depends on where consular side. Then we conduct a very detailed the sponsor is. If the sponsor, for example, is interview with the applicant, just as we would for someone who has been rescued in Pakistan and is other settlement cases. prepared to give a public statement, is prepared essentially to go on the record and say that they have been forced into marriage, then the ECO may well, Q580 Bob Russell: Mr Sedwill, the Select Committee in those circumstances, meet the sponsor. But very has tried to get to the bottom of the awful situation often in the most diYcult cases the sponsor wishes to of forced marriages and there is almost a “Not me remain incognito, for obvious reasons, and we do guv!” type answer there. Is that an unfair not then call the sponsor in for a formal interview. observation? We do the formal interview with the applicant and Mr Sedwill: I think it is an unfair observation, if I we refuse the application. may say so. It is actually the other way around. We have to handle the victims very carefully in these circumstances; very many of them do not wish the Q583 Bob Russell: You refer to the distress of the fact that they have tipped us oV that there is some sponsor but my concern is with the distress of the impropriety in their marriage, a forced marriage to spouse. I still do not understand why both the spouse come to the attention of their families. That makes and the sponsor cannot be interviewed—not at the handling these cases that much more diYcult as it same time—separately by Entry Clearance would with any case of domestic violence because if Managers so that there is more likelihood they will the victim will not make a public statement then, decide whether the marriage is genuine or forced and inevitably, the evidential process is that much more therefore whether to grant the visa or not? diYcult. You asked about the general issue of how Meg Munn: Can I clarify? Are you saying that in we handle settlement visas and what I was explaining every situation there should be an interview? was the framework within which we operate. Operating within that framework, when we are Q584 Chairman: I think what Mr Russell is dealing with a forced marriage case we deal with it suggesting is where, for example, the sponsor is in three phases and perhaps it would be helpful, Mr being forced into a marriage and wants those Chairman, if I briefly explained that. The first phase representations to be brought before the ECM or the is to get as much information as we can from the ECO there should be a mechanism by which the sponsor, and that would usually be handled, if it is a sponsor should be interviewed, either in British citizen, either here in the UK or by a consular Islamabad—for example Islamabad, I am not saying unit overseas because they are responsible for the it is all Islamabad—or in the United Kingdom with relationship with the British citizen and we get as the immigration oYcers going to see her or she being much information as we can about the spouse. We made available to see immigration oYcers. What is get an awful lot of tip-oVs which then do not the practical diYculty in doing that? necessarily lead to information that is, if you like, Meg Munn: I think there has been some hard enough for us to deal with. That information is misunderstanding then in terms of what we are then put on a local watch list so when the visa saying. If a reluctant sponsor comes forward then application comes in it is flagged up as a potential that is taken very seriously, and what we are saying forced marriage case. In those cases we will then call is— in the applicant and they will be given a very thorough forensic interview—and in Pakistan of Q585 Chairman: We understand that, Minister, but course we have the greatest number of these—and under what Mr Sedwill has correctly said they are that will be an interview of 50, 100, maybe even more not necessarily interviewed, are they? than that, questions to try and drill down into Meg Munn: What we are saying is that the situation exactly what underpins the application. But we have is such that they could be interviewed, they could to be very careful in the way we handle the sponsor. have some contact, but each circumstance is looked If we put the sponsor through a structured interview at as to what is right for that situation. The intensive of that kind that might either alert the family to the interview then takes place with the other party who fact that the sponsor has provided us with some may or may not be a willing party to this, and the information; it can be very distressing for them in assumption is that it will be refused. those circumstances—these are people who have Chairman: Indeed. I am going to let a couple of other often been through a very distressing time; and of Members come in on brief points if Mr Russell has course they may often be in the UK. finished his main thrust.

Q581 Chairman: But the problem that Mr Russell is Q586 Bob Russell: I have not, Chairman, because we highlighting—and that may be the system—is that are talking about 47,100 in one year but on the the ECO and the ECM may never meet the sponsor, evidence we have just had we have had no evidence will never meet the sponsor under the system. that were any forced marriages in Australia with Mr Sedwill: May or may not meet the sponsor. 1,130, so therefore it could be narrowed down to Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire those countries where perhaps it is more likely—not perpetrator, is genuine about the marriage, and that in every case but more likely? So we are not talking is the basis on which we can then refuse an about the whole 47,000. application. Meg Munn: But you are still suggesting that we Bob Russell: Mr Chairman, can I ask for a third time should interview every sponsor as opposed to those then how many marriage visas have been turned which have indicated in some way to us that they are down on the grounds of a forced marriage? How reluctant sponsors? many marriage visas have been turned down on the grounds of forced marriage? Q587 Bob Russell: Let me turn the question round and my last question is this, which will hopefully Q589 Chairman: Last year. help the Minister to answer what I have to say I think Mr Sedwill: The policy is to refuse all of them. is almost an element of complacency on this serious issue. How many applications for marriage visas Q590 Bob Russell: How many? have been turned down on the grounds of a forced Mr Sedwill: This is the diYculty with definition. We marriage? had, as I said, in Pakistan 450 cases last year of Meg Munn: If I can just say that I am not at all family abuse cases—not all of them were forced complacent about this; all I was trying to do was to marriage—and all of those visa applications were clarify because we seem to being asked two refused. We also refused, say in Pakistan— questions: one, do we interview if people have indicated in some way that they are reluctant; or Q591 Chairman: How many, in answer to Mr two, do we interview everybody? I am not clear, and Russell’s question, relate specifically to forced that is all I am trying to do. marriages? We have had lots of figures for family Chairman: Minister, I think all the Members sitting abuse; you must have the figures for forced around this table have experience of immigration marriages? crises, and indeed Mrs Cryer was very keen to be Mr Sedwill: The diYculty is that forced marriage here because it was her idea. covers a range of things—vulnerable adults, Bob Russell: How many have you turned down on reluctant sponsors, and reluctant applicants. the grounds of forced marriage? Q592 Chairman: How many of those? Mr Sedwill: It would be wrong to say that all of those Q588 Chairman: I think what Mr Russell is suggesting is that it should be those cases where the are the 452. It is the majority of the 452 that are trained ECO or the ECM has concern, or where forced marriage cases but there are other cases, I somebody has indicated, even mildly, that this might have said, which would be included in those figures be a forced marriage, not interviewing the entire where the marriage itself was not forced but where it number of people who make applications for has somehow gone wrong. spouses because we are running into hundreds of thousands there. I think that is what Mr Russell is Q593 Chairman: So roughly 400. suggesting. Mr Sedwill: In Pakistan. Meg Munn: Perhaps if I can ask Mr Sedwill just to clarify what exactly we do because I think you will Q594 Chairman: 400 in Pakistan. find that we are doing more than you think we are Mr Sedwill: That is the sort of order of magnitude. doing. Chairman: Are you satisfied? That is a rough figure, Mr Sedwill: Mr Chairman, I think there is slight Mr Russell, it is not the figure that we want. language confusion here and I apologise if I am Bob Russell: It could be more precise than that; it contributing to that. In all of these cases where a would be nice to have it. sponsor has let us know that, for whatever reason, forced marriage or indeed other reasons, the Q595 Chairman: Can you possibly write to us and marriage has collapsed or become violent—and I give us some more specific figures? think the Committee has heard an example of that, Mr Sedwill: I can give you the best data that we have which was not a forced marriage but then essentially but inevitably these are not binary—it is not a forced collapsed—the sponsor will be interviewed either by marriage or not a forced marriage, it is a range of telephone or in person. It is not an immigration very delicate social issues that we deal with through interview but they will be interviewed either by this process. consular colleagues who of course are trained in dealing with distressed British citizens or by the Q596 Mr Clappison: You have told us about the Forced Marriage Unit in the UK, in order to gather sponsors who have come forward in the Indian sub- the information that enables us to then make the continent because they are reluctant. Presumably immigration decision. That is the decision at the first they have come forward of their own accord to say phase of the process. The second phase of the that they are reluctant? They have come forward and process is when the applicant comes in and we use said, “We are unhappy about this”? that information from the sponsor, which may or Meg Munn: That would be part of the discussion may not include an on the record statement, if you from that process. Sometimes it might also be like, to conduct a forensic interview with the somebody else getting in touch and saying, “I know applicant, essentially to penetrate whether the somebody who is going through this and they may applicant, who could equally be a victim or a be reluctant.” Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Q597 Mr Clappison: That leaves the impression in marriage picture is, as the Minister says, only a my mind that this is only part of the picture that you fraction of the overall casework with which we deal are dealing with there and that there might be other when we refuse those cases essentially on the basis people who are unhappy and who do not have the that we do not consider the marriages to be fully great courage that it would take to come forward in valid. these circumstances? Meg Munn: Yes, and it is our assumption—which is Q601 Margaret Moran: I want to ask about why such a lot of the work of the Forced Marriage indefinite leave to remain. How many cases of Unit goes into raising awareness about this and indefinite leave to remain where, obviously as you raising awareness with other agencies—that there have indicated, very often the spouse that is being are a greater number of forced marriages than we forced does not indicate this anywhere else except at see. One of the things we have seen over the years the point at which very often she is being forced to that the Forced Marriage has been in existence, and sign that the marriage is subsisting, how many letters prior to that, is an increasing number. Your own on that do you get from MPs and why do you not do inquiry, which has been very helpful in raising this anything about them? issue when we have, in any case, seen a rise in Mr Sedwill: We do not handle indefinite leave to numbers since January, and the kind of publicity remain overseas. I would not be able to tell you how that your inquiry has very helpfully given to this many letters we get from MPs, Ms Moran. Indefinite issue has got more people coming forward. leave to remain is handled by the Home OYce. When we give a spouse settlement visa, as you say it is for Q598 Mr Clappison: You have told us—and this is two years and then they would apply for indefinite very easy to understand—that where somebody leave via the Home OYce. comes forward it draws attention to them and people may be reluctant on account of that and that is one Q602 Margaret Moran: So you do not have those of the facts that you take into account. So would that figures, you have no idea how much that is? not be an argument for having an interview of the Meg Munn: No because that would be dealt with by sponsor in every case, so that it is not something that adiVerent department. somebody does that will bring attention to Mr Sedwill: We can ask the Home OYce to somebody but it is something that automatically provide figures. happens? Meg Munn: I think the diYculty there is the wide ranging numbers. Q603 Margaret Moran: Does the Forced Marriage Unit know this? Meg Munn: In terms of the Forced Marriage Unit Q599 Mr Clappison: A practical problem. The and the situation with which we would get involved marriage visa, as Mr Russell said, I think it adds up at that point, if it was notified to us. to about 17,000 for the Indian sub-continent—I do Mr Macaire: I do not have those numbers. not know whether you would be prepared to do it on that basis or not? There may be other places where this happens. Q604 Chairman: But Ms Moran has raised a very Meg Munn: There are other places, it is not purely important point about coordination of information the Indian sub-continent, and I think we have not because you are right the application is made to the Y looked at that. Home O ce, but what she is saying is, is that information then transmitted to the Foreign OYce? Meg Munn: In terms of if there was an issue about Q600 Mr Clappison: But you are interviewing all of forced marriage at that point, yes. the spouses out of those 17,000. Chairman: It is. So you have those figures for us Meg Munn: Yes, and that was the arrangement that today? Mr Sedwill explained about the format and the arrangement of the immigration situation. Mr Sedwill: We do not interview in all settlement Q605 Margaret Moran: Could you give us the cases. We now process almost all of these figures as to how many incidences you have where applications in all categories on the basis of paper somebody is saying that they are being forced to sign evidence. In the Indian sub-continent we refused for indefinite leave to remain on the basis of a forced about 5,500 cases last year of spouse or fiance´(e) marriage? settlement—that is around a quarter of the total. I Mr Macaire: I do not have the figures here; I do not think it is reasonable to assume, as the Minister was know if we have those figures. suggesting, that within that 5,500 there are quite a number of undeclared cases where there has been Q606 Margaret Moran: Does the Forced Marriage some sort of compulsion within the marriage. We Unit routinely get those figures and why does the refused those cases because the couple cannot Forced Marriage Unit or the Home OYce not maintain or accommodate themselves but also, for intervene or acknowledge or assist MPs that raise example, they had not met or they are under 18. We these issues with them? do not know for sure in those cases whether there has Meg Munn: I am not aware of any situations where been any violence or compulsion but it is reasonable if an MP had raised with the Forced Marriage Unit to assume that a significant proportion has. So the the need for assistance in a forced marriage that we formal part or the recorded part of the forced have not responded—I am not aware of that at all. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Q607 Chairman: Minister, what Ms Moran is my life would be much easier.” So the contact point suggesting is that we come to the end of the two is the post abroad. What can we do practically to years; the applicant in this country having gained help the victims in those circumstances? admission then wants to apply for indefinite leave Mr Sedwill: The most practical thing we can do is to the sponsor is reluctant to have him here because he have people like those who come before the or she—mostly he—has gained admission as a Committee to alert us to the situation. Without that forced marriage. Do you have those figures? alert then we do not have a basis on which to Meg Munn: We do not have the figures today. proceed, and of course that would be true of any case—in any case you need to know what the Q608 Chairman: Are you able to get us those figures? situation is. Meg Munn: We will get you the range of figures that we have, yes. Q615 Chairman: But you have some pretty sensible people in Islamabad, very well trained ECOs and Q609 Margaret Moran: Why do we routinely get ECMs who can actually know a forced marriage letters back from the Home OYce—presumably when it comes before them. they are not passed on to the Forced Marriage Mr Sedwill: When they are alerted to one we refuse Unit—that say that there is nothing that can be the application; we refuse the visa application of the done, that leave must be granted because the MP is Pakistani national who is seeking to come to the UK a third party, despite the fact that we are alerting to through this route. So in those cases—which are all forced marriage? of the cases that are notified to us—we are able to Meg Munn: I cannot respond as to why the Home give exactly the assurance that those people have OYce does not respond— asked for before the Committee and we stop their spouse coming to the UK. Essentially, unless they Q610 Margaret Moran: Sorry, I thought the Forced try to come through some clandestine route, that is Marriage Unit was supposed to be a joint Home an absolute prohibition on them getting into the OYce/Foreign OYce unit? UK, unless they win an appeal, of course. Meg Munn: Yes, and if a case was notified to the Forced Marriage Unit then we would respond. Q616 Chairman: When you were in Islamabad you attended interviews, obviously? Q611 Margaret Moran: So in these instances where Mr Sedwill: I have observed interviews. Of course, as MPs are writing to say, “This person has been you know, the Entry Clearance OYcer conducts the subject to a forced marriage; she is being forced to interviews. I observed interviews when I was Deputy sign for indefinite leave to remain and she does not High Commissioner. want to, she may be subject to abuse or violence in that process,” that is not routinely passed to the Q617 Chairman: Is it not possible to identify from Forced Marriage Unit, nor are an MP’s those observations a forced marriage case? representations routinely acted upon? They clearly Mr Sedwill: What, without any prior information? are not because we know that they are not. Meg Munn: I think from the figures that we were Meg Munn: We can only respond from the Forced giving earlier—and we will get those clarified for Marriage Unit if something has been notified to us. you—is what we are saying is the number which were identified through reluctant sponsors was something Q612 Margaret Moran: So the Home OYce do not around in total whatever we got to—252. But then in notify the Forced Marriage Unit— addition to that a much larger number, which I think Meg Munn: I do not know whether they have or not. you said was something over 5000, were not allowed. So, yes, there are processes there which mean that Q613 Margaret Moran: . . . when a letter from an where there are concerns about not just whether it is MP says, “There is an issue of forced marriage here.” forced but whether it is a genuine marriage they are Meg Munn: I do not know. refused, yes. Margaret Moran: Could we have some clarification on this? Q618 David Davies: What action are you taken to enable reluctant sponsors to make a statement? How Q614 Chairman: Minister, if I could sum-up so far can you ensure that that statement is taken full on this I think the Committee does feel that the account of? Can I also ask you simply whether you evidence we have received so far is unsatisfactory. automatically refuse a visa to any aspiring couples We feel that there is a lack of information that ought who have not actually physically met? There was to be given to the Forced Marriage Unit, which something else that Mr Sedwill said, and I am not would be helpful in our deliberations. Mr Sedwill, clear about this, but I assume that all applicants you were both the Deputy High Commissioner in within the country—let us say Pakistan—are Pakistan and you are now head of UK Visas as the interviewed, but then you said that some are not and Director of UK Visas. We all realise that there are it is all plainly done by paper. What percentage of rules about interviews but with some blue sky applicants is actually interviewed? I am sorry that is thinking here we are interested in the practical a series of questions but quick answers will suYce. implications. We have had victims come before us Meg Munn: There were a couple of questions in who have basically begged this Committee and said, terms of what we do in terms of reluctant sponsors “If only the spouse was not allowed in the country coming forward and having their statements taken. Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Q619 David Davies: Yes. Mr Sedwill: Yes. Mr Sedwill: If we get information about a reluctant sponsor then the reluctant sponsor is contacted. Q625 David Davies: I appreciate that these are rough They will not usually be contacted by the figures but that means that 14 or 15 people a year are immigration oYcer, they will be contacted by the being coerced into a forced marriage at the behest of consular oYcer or indeed by the Forced Marriage the courts, despite having made representations to Unit or one of the NGOs we work with, and we yourselves. gather the evidence from the sponsor and that is the Mr Sedwill: I can probably give you slightly more first phase of the process. We then use that accurate figures, if that is helpful. The 424 cases— information without revealing to the applicant, who this is again not just forced marriage cases, family of course would be the Pakistani national in this case abuse cases in Pakistan in 2006 116 were appealed or the Bangladeshi or whatever, that we have that and 37 of those appeals were allowed. information, and that is quite a tricky thing to do in a forensic interview. We then go through it and Q626 David Davies: Despite there being essentially try to find a reason to give us a solid information? refusal notice. Obviously if there is a public Mr Sedwill: Yes. And almost all of that 37 are in statement from the sponsor—but that is a very Y cases where the information that the reluctant di cult thing for them to do—then we have that. If sponsor, the victim has provided, is not disclosable there is not we then try essentially to penetrate what to the tribunal because they do not wish it to be. in eVect is a cover story by the applicant. And possibly the reluctant sponsor That begs the question how Q627 Chairman: Q620 David Davies: has to turn up and give evidence on behalf of a often do you fail in being able to do that, with the husband that she does not want to bring in? best will in the world? In what percentage roughly of Mr Sedwill: Absolutely. This is the real tragedy of cases do you have to grant a visa? this situation—sponsors are forced into a position of Mr Sedwill: We refuse all applications at our stage. supporting the spouse. We are currently getting around about a quarter of these cases going to appeal and we are losing around a third of those cases at appeal, and that is because Q628 Mr Winnick: In such cases where you say some of course an Immigration Tribunal is, like all court 37 have been upheld, on the figures you have given Y proceedings, a public forum and if the victim, the us, the Home O ce can appeal, can they not, against sponsor is unwilling to make a public statement the decision of the immigration judge, on a point faced with having to do so in front of their family our of law? refusal notice is therefore inevitably weaker because Mr Sedwill: Only on a point of law, exactly, as the we have had to concoct it on whatever evidence we Chairman knows. can create. Q629 Mr Winnick: And one would have thought Q621 Chairman: Ought there to be a confidential there would be a point of law involved. It would not way in which the reluctant sponsor can hand a letter be diYcult for lawyers to find the grounds? or give a letter to the judge which will not then be Mr Sedwill: This is an area we have looked at very published? Should we be looking at something like thoroughly. The tribunals, as all tribunals do, except that? in very special circumstances, essentially conduct Mr Sedwill: That is an issue that I think this their hearings in public. In those cases we will usually Committee raised in an earlier inquiry and of course try to speak to the sponsor again and see if they will it is slightly beyond my remit to discuss the then be prepared, if you like, to take a leap and make proceedings or indeed the basis on which tribunals a public statement, in which case we can still, despite and the courts operate. In some cases we have a good the appeal, refuse a visa on new grounds. enough relationship between the presenting oYcer Chairman: But if the presenting oYcer then goes to and the immigration judge to be able to indicate the victim in the middle of the hearing or at the end informally that there is more to a case than meets the it could be disastrous. eye, but of course that is not a comprehensive system. Q630 Mr Winnick: Of those cases where it has been upheld by the immigration judge has any of that Q622 David Davies: I think that is really important. happened? So you turned down many applications based on Mr Sedwill: I do not know whether we have been confidential information? abletodothat. Mr Sedwill: Yes. Q631 Mr Winnick: Could we have information Q623 David Davies: Around 400 a year you were about— saying earlier on. Mr Sedwill: I will try to get that. Mr Sedwill: Yes. Q632 Mr Winnick: . . . where entry clearance has Q624 David Davies: About a quarter of those are been refused for the reasons you have explained and appealed, so that is around 50; and you lose around yet these cases have been upheld by the Immigration a third of them. Tribunal. Can we have that? Processed: 04-06-2008 19:01:53 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire

Mr Sedwill: As I said, in Pakistan alone it was 37 Q637 Margaret Moran: When you are determining allowed out of 116 appeals against 452. the resources for the Forced Marriage Unit how do you assess what resource is needed if: one, you do not collect data on the extent of forced marriage; Q633 Mr Winnick: What I want information on is two, you do not appear to evaluate as a unit the whether there has been any follow-up on those 37 outcome of the guidance; and three, you just do not cases upheld. What action has been taken, if any? If appear to have any assessment of the overall need? we can have that within the next week or so? Meg Munn: Where we are on where we assess the Mr Sedwill: Iwilltrytodothat. resources is that there is a plan—all parts of the Foreign OYce have plans every year for what they Q634 Mr Clappison: The very interesting question are going to do. We are half way through a two-year that Mr Davies asked you was one that I do not strategy and the strategy has three elements to it in think we got an answer to—but there were a terms of awareness raising, working with agencies number—are applications automatically refused and also obviously responding to forced marriages. where the parties have not met? So that is quantified as best they can at that point. If Mr Sedwill: Yes. That is actually set out in the the number of referrals to the unit goes up then we Immigration Rules; it is a legal requirement. would seek more resources and at the moment we are in discussion with the Home OYce about some more resources into the Forced Marriage Unit from Q635 Mr Clappison: And steps are taken to find out the Home OYce because the number is going up. So whether they have actually met or not? that is how we do that. The other thing to remember Mr Sedwill: Yes, and that would be in any case; that is that a lot of the work from the Foreign OYce site of course does not just apply to cases where there has which goes into the Forced Marriage Unit is not been some compulsion. within the Forced Marriage Unit, it is resources I am sorry to have kept you so long but Chairman: overseas where the consular services are responding your evidence is fascinating, and it saves you a trip to that just as they would respond to a range of other to Islamabad, which of course we cannot go to. consular issues. So that is the mechanism for doing Margaret Moran will conclude on the Unit. that. We have no doubt, as you will be very aware, that just as the domestic violence incidents are Q636 Margaret Moran: The Forced Marriage Unit. reported to the police that the forced marriage As you will presumably be aware what we call the incidents about which we currently receive Luton Report was launched last week, which shows information are not the full picture—the nature of that there is evidence of much larger figures of forced these situations which take place within families, marriage than the Forced Marriage Unit is dealing that they are kept secret, they are not brought out with. What assessment have you made of the data into the open. So the work that is being done to raise available; in other words, what data is collected awareness and to challenge the practice of forced across the board—and I think I have highlighted a marriage is enormously important, both in bringing gap already in relation to the Home OYce—from to light more examples of forced marriage but also diVerent agencies to estimate the size of the issue; in trying to change and get rid of the practice. and what assessment is made of the impact or eVect of guidance that the Forced Marriage Unit puts out? Meg Munn: If I can just respond on that and also to Q638 Margaret Moran: Can I be clear in terms of the respond to your earlier point? There is some work data that is available out there are you content that going on at the moment to produce guidance and the Forced Marriage Unit has a comprehensive information for Members of Parliament because we picture of the extent of forced marriage in the UK? are aware, again, that they are an important part of Meg Munn: I do not think anybody has a picture of alerting the Forced Marriage Unit. We do not have the extent of forced marriage in the UK. current estimates on the total likely figures; that is not something that the Forced Marriage Unit has done. In relation to guidance, as you will be aware Q639 Margaret Moran: The question therefore is with the new legislation that is coming through, twofold: one, what is it that you intend to do to which the Ministry of Justice is leading on, there will ensure that the Forced Marriage Unit, as the only be coordination around the production of guidance repository that I am aware of within government for various agencies. Then in relation to those dealing with this issue, has that information in order agencies we will expect as to whether they are to be able to properly assess the need and the following that guidance to be part of the normal resource and prevent the problem? Secondly, given processes of inspection which would follow. So, for that the nature of forced marriage is such that there example, if we are talking about schools, if we are is often a need for ongoing support, it is not just a talking about Ofsted, if we are talking about social crisis at the point overseas or at the point of entry, it services it would be part of the social services’ is an ongoing crisis, what resource is the Forced inspection regime to check whether those processes Marriage Unit putting into supporting community were being followed. It would not be the Forced and voluntary organisations that provide that Marriage Unit that does it; it does not do that and it ongoing support? does not have the resources to do that, nor would it Meg Munn: Your question gets to the very heart of make sense in terms of the overall approach. this issue in that forced marriage is one issue which Processed: 04-06-2008 19:01:53 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG1

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25 March 2008 Meg Munn MP, Mr Mark Sedwill and Mr Rob Macaire a range of government departments deal with, such Chairman: Minister, can I thank you very much for as domestic violence, human traYcking, etcetera, coming with your oYcials. The information that you and there is the inter-ministerial group on domestic have given us has been extremely helpful. I am sorry violence which sits above all this; so in terms of how if we seem to be aggressive but we are very concerned we respond to it, it is not the Foreign OYce on its to try and get a solution to this problem and, as you own or the Forced Marriage Unit, it is the say, get a complete picture of what is happening. I relationships across government which are working know we are about to enter recess but it would be on this issue which will then respond to the wide very helpful if we could have that information as range of issues which you rightly identified as being soon as possible, and we may come back to you with matters which flow from the concerns about forced further information. Thank you so much for marriage. coming today. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [SE] PPSysB Job: 392023 Unit: PAG4

Ev 96 Home Affairs Committee: Evidence Written evidence

APPENDIX 1

Memorandum submitted by The British Medical Association

Executive Summary — The impact of domestic abuse (DA) can vary from person to person, but there is growing evidence to confirm that it has serious and long-lasting consequences on the health and wellbeing of the victim and their family members. The British Medical Association (BMA) has a long-standing interest in the health of the public and believes that the occurrence of DA is a serious concern. — The BMA defines DA as “any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners, or family members; regardless of gender, sexuality, disability, race or religion”. DA has been reported to aVect over 350,000 people in England and Wales annually. — Victims of DA can include pregnant women, lesbian, gay, bisexual and transgender (LGBT) individuals, minority ethnic groups, older people and disabled people. — There is a cost to services as a consequence of DA—in England and Wales, the total cost of DA to services amounts to £3.1bn, and a loss to the economy of £2.7bn per annum. There can also be a serious health impact to individuals as a result of DA. — Identification of DA falls largely to the Primary Healthcare Team (PHCT) and it is essential that there is a joined up approach across the whole PHCT when dealing with DA. Respect for confidentiality is essential for the preservation of trust between patients and healthcare professionals. — Dealing with DA is not the sole responsibility of the PHCT as victims of DA will present in numerous healthcare settings. DA is a multidisciplinary concern. — The BMA commends the government’s move to develop a multi-agency approach to tackling DA. There are roles to be played by voluntary and community services, local authorities and legal agencies in dealing with DA. — There are a number of recommendations for the government, chief among these being that it must raise general awareness of DA, including its prevalence, manifestation and available support services for victims.

About the BMA 1. The BMA is an independent trade union and voluntary professional association which represents doctors from all branches of medicine all over the UK. It has a total membership of over 139,000. 2. The evidence for this Home AVairs Committee inquiry originates from the BMA report Domestic Abuse (June 2007)1.

What is DA? 3. The BMA defines DA as “any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners, or family members; regardless of gender, sexuality, disability, race or religion”. 4. Children are not direct suVerers of DA, because by definition it occurs between adults, but they are commonly impacted upon in the family environment. 5. All types of domestic abuse are known to have a long-term impact on the victims. Physical injury is likely to be the most life threatening, but this does not mean that the other types of abuse cause less harm.

How Common is DA? 6. DA has been (under) reported to aVect over 350,000 people in England and Wales annually.2 Recently reported annual figures show 45,796 such incidents in Scotland3, and 8,565 in Northern Ireland.4 7. It has been estimated that approximately half a million older people are being abused at any one time in the United Kingdom (UK), although only a small proportion of victims will be reported.5 The majority of perpetrators of elder abuse are family members. The BMA calls for further research into the true prevalence of elder abuse. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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8. No accurate figures exist for the prevalence of DA as it is grossly under reported to authorities, such as the police, health service and social services. The British Crime Survey found that 34 per cent of women, and 62 per cent of men who had suVered DA at some point since they were 16 years of age never told anyone other than the survey in question.6 9. Evidence shows that there is increased prevalence of DA in areas with relatively lower levels of socio- economic status.7 DA can, however, also occur within professional families, and this includes healthcare professionals themselves. Who are the victims of abuse? 10. In the UK, 80 per cent of reported DA victims are women.8 It is estimated that one in four women and one in five men have at some point experienced DA by a partner since the age of 16.9 One in three women seeking emergency medical care in UK inner city hospitals has suVered DA at some point in their lives.10

Pregnant women 11. Around 30 per cent of DA begins during pregnancy.11 Abuse is more common for pregnant women than gestational diabetes or pre-eclampsia—both conditions for which pregnant women are routinely screened.12

Lesbian, gay, bisexual and transgender (LGBT) individuals 12. Partner abuse is as common among same-sex couples as among heterosexual couples.13 LGBT individuals may also experience DA perpetrated by family members on grounds of their sexual orientation.14 The BMA recommends that further research is carried out into the prevalence and lifetime experience of gay male victims and transgender victims of DA.

Minority ethnic groups 13. The risk of DA does not diVer significantly by ethnic group.15 Women from black and other minority ethnic communities experience the same forms of DA as those from all other communities. 14. Within the Asian community, some women are expected to uphold the family honour and this may mean tolerating DA rather than leaving the family home. In extreme cases “honour crimes” can take place, either in the form of assault or murder, and DA can occur within forced marriages.16,17

Disabled people 15. Disabled individuals can experience the same forms of DA as non-disabled individuals but may be more vulnerable. The BMA has called for research into the experience of disabled people who are victims of DA.

What is the Impact of DA? 16. The total cost of DA to services in England and Wales amounts to £3.1bn, and a loss to the economy of £2.7bn per annum. Pain and suVering have been estimated at a further £17bn.18 17. The direct health impact of DA can include suVering from chronic pain, fractures, arthritis, hearing or sight deficits, seizures or frequent headaches. The indirect health outcomes are hypothesised to be caused through stress, and include stomach ulcers, spastic colon, frequent indigestion and hypertension.19 Self- harm is an indirect health outcome for victims of DA.20 18. DA during pregnancy increases the rate of miscarriage, low birth weight, premature birth, fetal injury and fetal death.21 DA can have an indirect eVect on the health of the developing fetus, with an increased likelihood of maternal smoking and alcohol consumption, in connection with maternal stress. The fetus may also be indirectly harmed by women being prevented from seeking or receiving proper antenatal or postpartum medical care by their abusive partners. 19. A minimum of 750,000 children a year witness DA, equivalent to about three-quarters of UK DA incidents.22,23 Approximately half the children in such families have themselves been badly hit or beaten. The BMA has called for DA education programmes to be implemented in all primary and secondary schools.

How can Victims of DA be Detected and Helped? 20. Doctors are required to identify signs of possible abuse and alert the appropriate colleagues and agencies in a timely fashion, as well as maintain a strong and consistent focus on the needs of their patients. 21. Healthcare professionals report patient non-disclosure and fear of oVending the patient as two of their key barriers to asking patients about DA.24 Doctors who have received training are much more likely to ask patients about DA, and as such are more likely to have patients who disclose abuse.25 Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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22. Medical providers are well placed to identify and intervene on behalf of patients who are experiencing DA. All healthcare professionals should practise selective enquiry1, and routine enquiry2 should be considered in a number of diVerent settings. The BMA recommends that all healthcare professionals give the clear message that DA is unacceptable and not the victim’s fault and ensure that they ask patients appropriate questions in a sensitive and non-threatening manner. Healthcare professionals must recognise that men can also be victims of DA and should therefore be questioned if DA is suspected. 23. Victims of DA are most likely to have told their own friends, relatives or neighbours. Only a minority of victims approach the health service.26 Patients want their doctor to oVer referral to appropriate specialist services and 24-hour access to professional advocates who understand DA.27 24. Identification of DA falls largely to the PHCT; which, as well as GPs includes practice nurses, midwives and health visitors, all of whom may identify DA through their contacts with families with young children. It is critical that there is a joined-up approach to dealing with DA across the whole PHCT.

What are the Ethical Considerations? 25. Respect for confidentiality is an essential requirement for the preservation of trust between patients and healthcare professionals. Providing that consent is gained from the patient there is no problem in disclosing information to a third party. The right to confidentiality, however, is not absolute and may be overridden when the rights of others to be protected from harm are jeopardised in a serious way. All healthcare professionals must therefore understand and be honest with patients about the limits to confidentiality. 26. While the safety of a domestic abuse victim and their children is of primary importance in all cases of domestic abuse, healthcare professionals also have a duty to meet the healthcare needs of patients who are perpetrators of abuse.

How can Specialist Healthcare Services Help Victims? 27. Dealing with DA is not the sole responsibility of PHCT. Given that victims of DA will present in numerous diVerent healthcare settings, such as a hospital accident and emergency (A&E) department, an obstetrician appointment, or a midwifery home visit, it is a multidisciplinary concern. StaV working in all areas of the health service who are likely to encounter DA should be educated about it and trained to help victims. In addition to meeting the specific medical needs of their patients the BMA has called for all healthcare professionals to take a consistent approach to the referral of patients to specialist DA services.

The accident and emergency department 28. Over one per cent of A&E department visits are due to DA. To put this in context, an A&E department with 55,000 patients of all ages attending during one year would see over 500 adult patients suVering due to DA.28 It is important that emergency doctors know how to create the opportunity and environment for a patient to disclose DA, so that self-reported victims can be oVered help.

Obstetrics and gynaecology 29. Obstetricians are the key healthcare professionals in contact with women with, or at high risk of, complications during pregnancy, and are therefore in an opportune position to identify victims of DA. All pregnant women should have at least one consultation with the lead healthcare professional during the pregnancy which is not attended by the partner or any family member.29 30. Gynaecologists are likely to encounter women suVering from STIs and, due to the association between STIs and DA, are in an important position to identify cases of DA.

Midwifery 31. Pregnancy may trigger or exacerbate DA;30,31 hence midwives should play a pivotal role in its detection and management. All Trusts should be working towards routine enquiry in maternity services and midwives should acknowledge their key role to play within it.

1 Selective enquiry involves asking women directly about their experiences, if any, of DA where there are concerns or suspicions, including visible signs/symptoms. 2 Routine enquiry about DA (within vulnerable groups), commonly known as “screening”, may help increase the rates of identification. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Psychiatry 32. DA can have long-term consequences on the mental health of its victims. Over a third of female victims of DA and a tenth of male victims are likely to suVer (self-defined) emotional problems as a result.32 33. Psychiatrists are in a key position to not only treat the mental health disorders caused as a result of DA, but also to spot the warning signs. Understanding the psychology of both the perpetrator and the victim is critical for eVective treatment, and additionally psychiatrists must be aware of the potential impact of DA on children’s mental health.

Nursing and health visiting 34. Nurses may often be the first people, outside of the family to discover that DA is occurring. Community nurses are ideally placed to deal with cases of DA mainly due to their ongoing relationship with their patient.33 Practice nurses within GP surgeries are largely involved with well-women care and are therefore in a position to see a female patient without the presence of a family member or partner. School nurses must be aware of the impact DA can have on children.

Which Services Help Victims and How do They Collaborate? 35. The BMA commends the government’s move to develop a multi-agency approach to tackling DA. Due to this approach, however, the numerous services available to support a victim may be diYcult to navigate. The Home OYce promotes the importance of DA advocates who should be independent and act on behalf of the victim.34 Healthcare professionals have a responsibility to refer patients disclosing DA to an expert DA agency which can oVer specialised help and support.

Voluntary and community services 36. The voluntary and community sector is a major provider of specialist services to victims and perpetrators of DA. Voluntary and community organisations can provide helplines as well as advocacy and outreach responses to DA.

Local authorities 37. An individual may be considered homeless if they live in accommodation where it is probable that living there will lead to abuse. A local authority is obliged to provide advice about finding somewhere else to live, and the DA victim may be entitled to emergency accommodation. 38. Following disclosure of DA, a GP may refer the case to social services with (or sometimes without) the consent of the patient. Social services primarily become involved in cases of DA when children are at risk. 39. As part of a local authority’s DA preventive strategy they may provide programmes for perpetrators of DA. Such programmes are designed to help change the behaviour of the perpetrator and to enable them to develop respectful, non-abusive relationships. The BMA has called for research into the eVective treatment and interventions for perpetrators of DA.

Legal agencies 40. Prosecutors striving to gain protection for DA victims may rely heavily on a doctor’s medical records. Such medical reports must be written promptly and must contain all the facts. Doctors must record what they saw, observed and heard.35

Recommendations 41. The BMA recommends that the government should: — raise general awareness of DA, including its prevalence, manifestation and available support services for victims — ensure strategies to address DA are explicitly highlighted in public health strategies — develop a more structured and statutory basis for addressing DA at the local level in a similar manner to the policies in existence for child protection — recognise that men are also victims of DA and take this into consideration when developing policy to address this concern — work to identify and combat the barriers to reporting DA. — promote a “zero-tolerance” attitude to DA. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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42. The BMA recommends that the rights aVorded to transgender individuals by the Gender Recognition Act 2004 should be proactively implemented, for example refuges must be more accessible to transgender individuals. 43. The BMA calls for further work in order to: — ensure that information about support services is readily available in healthcare settings such as GP surgeries, A&E units and maternity departments — raise awareness of the scale of DA among LGBT individuals — break down the barriers for such individuals to access the services and protection they need — empower victims to report the abuse to the police. 3 September 2007

References 1 British Medical Association (2007) Domestic Abuse. London: BMA. 2 Walker A, KershawC&Nicholas S (2006) British Crime Survey 2005/2006. Available at: www.homeoYce.gov.uk/rds/pdfs06/hosb1206.pdf (accessed May 2007). 3 Scottish Executive (2006) Domestic abuse recorded by the police in Scotland, 2005–06. Edinburgh: Scottish Executive. 4 Freel R & Robinson E (2005) Experience of domestic violence in Northern Ireland: findings from the 2003/04 Northern Ireland crime survey. Belfast: Northern Ireland OYce. 5 Estimate by: www.helptheaged.org.uk/en-gb/Campaigns/ElderAbuse/ (accessed May 2007). Original Ref: Ogg J, Bennett G, (1992) Elder abuse in Britain. BMJ 305: 998–9. 6 Walby S & Allen J (2004) Domestic violence, sexual assault and stalking: findings from the British Crime Survey. Home OYce Research Study No 276. London: Home OYce. 7 Domestic violence, sexual assault and stalking: findings from the 2004/05 British Crime Survey. Home OYce Online Report 12/06. 8 Walker A, KershawC&Nicholas S (2006) British Crime Survey 2005/2006. Available at: www.homeoYce.gov.uk/rds/pdfs06/hosb1206.pdf (accessed May 2007). 9 Domestic violence, sexual assault and stalking: findings from the 2004/05 British Crime Survey. Home OYce Online Report 12/06. 10 Sethi D, Watts S, Zwi A et al (2004) Experience of domestic violence by women attending an inner city accident and emergency department. Emerg Med J 21: 180–4. 11 Confidential enquiry into maternal and child health for England and Wales (2001) Why mothers die? 1997 1999. London: RCOG Press. 12 Original reference: Gazmararian JA et al (2000) Violence and reproductive health; current knowledge and future research directions. Maternal and Child Health Journal 4: 79–84. As quoted in: Family Violence Prevention Fund. The facts on reproductive health and violence against women. Available at: www.endabuse.org 13 www.stonewall.org.uk/information–bank/health/lesbian–gay–bisexual–health–care–needs/1347.asp (accessed May 2007). 14 www.broken-rainbow.org.uk/content/definition.htm (accessed May 2007). 15 Walby S & Allen J (2004) Domestic violence, sexual assault and stalking: findings from the British Crime Survey. Home OYce Research Study No 276. London: Home OYce. 16 Parmar A, Sampson A & Diamond A (2005) Tackling domestic violence: providing advocacy and support from black and other minority ethnic communities. London: Home OYce. 17 www..co.uk/asiannetwork/features/hh/awadv—01.shtml (accessed May 2007). 18 Walby S (2004) The cost of domestic violence. England: Women and Equality Unit. 19 Coker AL, Smith PH, Bethea L et al (2000) Physical health consequences of physical and psychological intimate partner violence. Arch Fam Med 9: 451–57. 20 Boyle A, Robinson S & Atkinson P (2004) Domestic violence in emergency medicine patients. Emerg Med J 21: 9–13. 21 Yost NP, Bloom SL, McIntire DD et al (2005) A prospective observational study of domestic violence during pregnancy. Obstet Gynae 106: 61–5. 22 Royal College of Psychiatrists (2004) Domestic violence: its eVects on children. Factsheet for parents and teachers. London: Royal College of Pschiatrists. 23 Department of Health (2002) Women’s mental health: into the mainstream. London: Department of Health. 24 Waalen J, Goodwin MM, Spitz AM et al (2000) Screening for intimate partner violence by healthcare providers: barriers and interventions. Am J Prev Med 19: 230–7. 25 Glowa PT, Frasier PY, Wang L et al (2003) What happens after we identify intimate partner violence? The family physician’s perspective. Family Medicine November—December 730–36. 26 Walby S & Allen J (2004) Domestic violence, sexual assault and stalking: findings from the British Crime Survey. Home OYce Research Study No 276. London: Home OYce. 27 Petersen R, Moracco KE, Goldstein KM et al (2003) Women’s perspectives on intimate partner violence services: The hope in Pandora’s box. Journal of the American Medical Women’s Association 58: 189–90. 28 Williamson E (2006) Women’s Aid Federation of England 2005 survey of domestic violence services findings. England: Women’s Aid. 29 Confidential enquiry into maternal and child health for England and Wales (2004) Why mothers die? 2000-2002—the sixth report of confidential enquiries into maternal deaths in the United Kingdom. London: RCOG Press. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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30 Cokkinides VE, Coker AL, Sanderson M et al (1999) Physical violence during pregnancy: maternal complications and birth outcomes. Obstet Gynecol 93: 661–6. 31 Yost NP, Bloom SL, McIntire DD et al (2005) A prospective observational study of domestic violence during pregnancy. Obstet Gynae 106: 61–5. 32 Walby S & Allen J (2004) Domestic violence, sexual assault and stalking: findings from the British Crime Survey. Home OYce Research Study No 276. London: Home OYce. 33 Phair L & Goodman W (2003) The role of the community nurse. In: Amiel S & Heath I (eds) Family violence in primary care. Oxford: Oxford University Press. 34 Parmar A, Sampson A & Diamond A (2005) Tackling domestic violence: providing advocacy and support to survivors of domestic violence. London: Home OYce. 35 Morris T (2003) Solicitors and law centres. In: Amiel S & Heath I (eds) Family violence in primary care. Oxford: Oxford University Press.

APPENDIX 2

Memorandum submitted by PARITY 1. PARITY is a voluntary non-party-political charity concerned with the equal rights and treatment of men and women. It was originally established in 1996. It has had several successes in the European Courts challenging statutory sex discrimination against men in the UK. 2. Summary of main points in submission 1. PARITY is concerned that there is still widespread sex inequality in the attitudes towards and the support services oVered to male victims of domestic violence in this country 2. A succession of reputable oYcial surveys in the past decade have consistently shown a substantial level of female violence against male partners in intimate relationships, and a corresponding substantial level of male victims 3. Anecdotal evidence suggests that the police and other agencies involved are often not even-handed in dealing with cases where there are male victims 4. PARITY believes that ‘zero-tolerance’ policies exacerbate the plight of male victims 5. The lack of publicly funded treatment programmes for violent women suggests that female violence is still not taken seriously 6. Abused fathers and their children are particularly ill-served by the present inequality 7. The Government must publicly recognise the existence and plight of male victims and initiate the measures and funding necessary to promote an equitable support service for both male and female victims. 3. Our concern extends to all victims of domestic conflict. However, it is increasingly clear that the existence and plight of male victims of domestic abuse by intimate partners are still not being taken seriously by Government, or, indeed, the police and other agencies. The result is that they are largely ignored in public policy and funding and thereby marginalised in the support services provided for victims. This submission reflects the concern of PARITY at this widespread sex inequality. 4. There is now a considerable body of evidence, in particular by a succession of detailed Home OYce surveys in the past decade of interpersonal violence in England and Wales, to demonstrate the existence of a substantial level of female violence against male partners, including severe and/or repeated physical assault. Despite this, support services specifically for male victims are largely absent or inadequate, and few women are actually charged or prosecuted for domestic violence against a male partner 5. Anecdotal evidence suggests that the police and other agencies dealing with the problem of domestic conflict are often not even-handed in their responses to male victims—by not responding promptly (or by not responding at all) to their calls for help, disbelieving their claims when they do respond, and in a significant number of cases (the police) arresting the male victim instead of the female perpetrator. 6. We believe that so-called “zero-tolerance” policies have exacerbated the situation for male victims— since for them oYcers are instructed to take overt action in any incident, or explain later why they have not done so. In many incidents, this translates into arresting or removing the man involved, even though the woman is the principle culprit. Such policies are ill-tailored to deal with situations where both partners are violent to each other, particularly if there are children to be considered. Academic studies suggest that mutual violence is the most common form in the majority of violent households. These studies also suggest, by the admission of women themselves, that self-defence is not the prime reason for female violence in intimate relationships, as is often claimed. 7. There are also virtually no publicly funded treatment programmes available for violent women, in contrast to the numbers available for male perpetrators. This suggests that violence by females is still not taken seriously, even though it can result in homicide or serious injury to others, or trauma for their children. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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8. Male victims with children are particularly ill-served, often being removed from the family home if they report the abuse against them, usually with subsequent problems of maintaining child contact. Courts do not usually help in this respect, granting ex-parte orders more readily to women than to men, even when it is the man who the victim. 9. PARITY believes that it is time for the Government publicly to recognise the need to support and protect equally male victims of intimate violence as well as female, and to provide eVective measures and funding to achieve this. These must include initiatives at all levels to ensure equitable treatment of both male and female victims, including by the police and other agencies (both statutory and non-statutory), and by the criminal justice system. The implementation this year of the Equality Act 2006 and the new Gender Equality Duty reinforces the urgency of such necessary measures. 5 September 2007

APPENDIX 3

Memorandum submitted by Dewar Research (i) Dewar Research is an independent research initiative formed in 1996 to collate information in the public domain to encourage more informed debate of particular social issues. It undertook its own survey in 2001 into the experiences of male victims of domestic violence. The key findings from this study3 reinforced those of an earlier Dispatches survey in autumn 1998 (summary of results broadcast 7 January 1999 on Channel 4)4, and underlie many of our comments below. Dewar Research has also responded to various Government consultations, in particular to the proposals on domestic violence contained in Safety and Justice in summer 20035. (ii) The submission is intended to help promote a more equitable service provision for victims of domestic abuse, in particular by drawing attention to the plight of male victims who at present are given scant recognition in public policy and inferior support services.

Executive Summary — Surveys of male victims suggest that they face particular diYculties and bias in service provision and legal processes, with a serious lack of publicly funded support services for them, and little oYcial sympathy. Indeed, they often face scepticism by the police and social agencies, as evidenced by the significant proportions of male victims who report they are themselves arrested. — The existence of substantial numbers of male victims, and of a corresponding substantial level of female violence in intimate relationships, is still not suYciently recognised publicly by Government and the agencies responsible for service provision and legal processes. In consequence, many male victims suVer inadequate and often biased treatment from ill-informed attitudes and lack of specific funding. — Based on Government detailed studies, male victims account for between one third and one half of victims of domestic violence in England and Wales, the proportion increasing with the severity of the violence. — Despite these proportions, only about 5% of those prosecuted and convicted for domestic violence oVences are female. — Father victims and their children are particularly disadvantaged, fathers who report being vulnerable to ousting from the family home and the children being oYcially left in the care of a violent mother. — The present marginalised treatment of male victims is contrary to both Sex Equality and Human Rights law. It is now deeply and widely entrenched, and can only be addressed by Government taking the lead in ensuring public recognition of the problem and by developing appropriate strategic planning initiatives to promote equality of treatment. — Initiatives need to include more equal and eVective representation of male victims in domestic violence fora at all levels and in the determination of public policy and funding.

3 MALE DOMESTIC VIOLENCE VICTIMS SURVEY 2001, Main Findings. MJ George and DJ Yarwood. Dewar Research, October 2004. 4 Details of the Dispatches survey, including a summary of the findings, and a commentary by Professor Kevin Browne, adviser to the Home OYce, are available on the Dewar Research website. 5 Safety and Justice. The Government’s Proposals on Domestic Violence. Home OYce Cm 5847, June 2003. Submission by Dewar Research, August 2003. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Surveys of Male Victims 1. The Dispatches survey in autumn 1998 of 100 male victims in the UK found that angry women can be as violent as angry men. One third of male victims were attacked whilst they were sleeping, and one third were kicked in the groin. The men were often deprived of sleep. Half stayed with their violent partners for more than five years. Among the reasons the men gave for staying was that they didn’t want to walk out on their children, some were frightened as they had nowhere else to go, and others still loved their partner and hoped her behaviour would change. Overall, the picture that emerged was that the plight of male victims of domestic abuse by female partners was similar to the plight of female victims of abuse by male partners. 2. However, some notable diVerences emerged. Many of the male victims were critical of the police. Those who had contacted the police said that their complaints were not taken seriously and in some cases the male victims were themselves treated as the aggressor. One quarter of the men had themselves been arrested instead of the violent female partner. Many of the men had not discussed their partner’s violence towards them with anyone else as they feared they would be ridiculed. The survey concluded that there was minimal support for male victims of domestic violence nor sources of help for violent women who wanted to change their behaviour. 3. The results of the Dewar Research survey, some three years later, also of 100 male victims (49 in England and Wales and 51 in Ireland), generally corroborated the Dispatches findings.

Father victims 4. Because of the lack of publicly funded emergency accommodation for male victims, abused fathers seeking to leave home with their children generally have nowhere to go except private accommodation (if they can aVord it). In doing this, they also risk possible allegations from the mother of abducting the children. Both the above surveys found that a large proportion of abused fathers reported they had been forced to leave the family home, whilst their children remained with the violent mother, and they subsequently faced considerable diYculties in maintaining contact with their children. Many abused fathers therefore continue to “live” with the violence in order to protect their children.

Inadequacy of Existing Service Provisions and Legal Processes 5. There have been few qualitative studies into the adequacy of existing service provisions and legal processes for male victims of domestic violence, although useful information is available from non- government studies of male victims (including the 1998 Dispatches and 2001 Dewar Research surveys) and from the several Home OYce surveys of interpersonal violence carried out since the previous Select Committee enquiry of 1992. There is also a considerable body of anecdotal information available. 6. From this, it is fairly clear that existing service provisions and legal processes are largely aimed at female victims. This institutionalised bias has evolved from three decades of polarisation of the issue. Even today, attitudes and policies from the Government down are still dominated by the perception that domestic violence is generally male-on-female. 7. The bias continues, despite mounting authoritative evidence, including from successive Home OYce victimisation surveys, that a substantial number of men are abused by female partners in intimate relationships. In consequence, there is minimal public funding specifically to provide eVective support services for male victims, nor are their needs and particular plight given any serious consideration in policies and debate. Indeed, additional Government funding to local authorities to help safeguard victims of domestic violence is provided specifically for female victims. In eVect, male victims are treated as undeserving second-class citizens. Coupled with this is a widespread lack of understanding of the nature and extent of female violence, reflected by the rarity of publicly funded treatment programmes for violent women.

Prevalence of Male Victims of Domestic Violence 8. There is now persuasive evidence from victimisation surveys and academic studies that a substantial proportion of adults suVering domestic abuse or violence in intimate relationships are male.

Detailed victimisation studies of interpersonal violence 9. The Home OYce has published the results of four such surveys undertaken in the past ten years as supplements to routine British Crime Surveys (BCSs) for England and Wales. Each has shown substantial proportions of male victims of violence by female partners in intimate relationships. These authoritative studies show consistently that men account for between one third and one half of all victims of violence in intimate partner relationships, the proportion increasing with the severity of the abuse suVered by them. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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10. The results of the latest survey, for year 2005–066, revealed that for the 12-month period preceding the survey, 5.7% of women and 4.0% of men reported suVering non-sexual partner abuse (any abuse, threat or force from a partner or ex-partner), a proportion of male victims of 41%. Of these, 3.0% of women and 1.8% of men reported suVering actual force, a proportion of male victims of 37.5%, which was designated as “severe” in the case of 1.8% of women and 1.3% of men, a proportion of male victims of 42%. 11. In the longer term, since age 16, the survey found that 28.1% of women and 17.5% of men reported suVering non-sexual partner abuse, a proportion of male victims of 38%. Of these, 19.1% of women and 10.4% of men reported suVering actual force, a proportion of male victims of 35%, which was designated “severe” in the case of 13.7% of women and 8.7% of men, a proportion of male victims of 39%. 12. Men also suVer from repeated assaults, although less so than women7.

Academic studies 13. The results of over 200 academic studies published world-wide, mostly in English speaking western democracies8, show consistently a substantial level of female violence in intimate relationships. The studies suggest that, by their own admission, women initiate violence against male partners in over half of all domestic conflicts. In about a quarter of cases, the violence is by the woman only, in another quarter the man only, and in 50% of cases the violence is by both parties. A greater prevalence of women suVer injury. However, as the severity of the injury rises, so does the prevalence of male victims. Overall, about one third of those injured are men.

Under-reporting by male victims 14. It is generally accepted that male victims chronically under-report violence against them in all situations but especially in intimate relationships, and on a larger scale than female victims. Routine crime surveys, in which people are asked whether they have suVered a “crime” of any sort, and police statistics which generally record only those who report, thus tend not to give a full picture of domestic violence. 15. Men, especially younger men, under-report for a variety of reasons including macho attitudes, but also because the system, whilst it is dominated by the perception of male-on-female violence, is not really designed for male victims. Nor is it designed for the most common form of intimate partner conflict in violent households, mutual violence, when both sexes are both victims and assailants. Men do not see the system as male-victim friendly. Male victims perceive that they will be disbelieved or ridiculed. Most reporting thus is not to the police or social agencies, but to less formal but more sympathetic listeners. 16. Although police force policies on domestic violence are in gender-neutral terms, there is indeed anecdotal evidence that the police are often not entirely impartial in dealing with domestic conflicts, giving priority to perceived women victims, and tending to believe the woman in preference to the man (sometimes even when he has obvious injuries). Studies of male victims (eg. Dispatches, 1998; Dewar Research, 2001) suggest that it is the female assailant who calls the police in about half of incidents, claiming falsely to be the victim. The same studies found that over one in five male victims were themselves arrested rather than the female assailant, ostensibly to prevent a breach of the peace, but arguably a perverse use of police powers. Zero-tolerance policies requiring overt police action to resolve a domestic conflict have a tendency to worsen the situation for male victims, especially if children are present, since it is assumed that the mother has to continue to look after them, even if she is the assailant. 17. In emotional and psychological terms, the experiences of male and female victims have much in common. Many victims of both sexes later report that the emotional distress was worse than any physical abuse. It is true that men generally may have a physical advantage in any domestic conflict, but women can make up for this by resorting to any handy object which can be used as a weapon, and/or attacking the man when he is asleep or otherwise helpless. The greater fear of domestic violence expressed by women reflects their greater fear generally of all violent crime, irrespective of actual victimisation.

Prosecutions and Convictions for Domestic Violence 18. OYcial statistics show that only about 5% of those prosecuted and convicted for domestic violence oVences in England and Wales are female. In 20069, there were 56,402 prosecutions for domestic violence in all courts, 2,050 of them female, or 5.2% of the total. Convictions totalled 35,813, of which 1,776 were female, a proportion of 5.0%. Such small proportions contrast startlingly with the much larger proportions of male victims revealed by the detailed studies referred to above. This suggests either that most male victims,

6 “Homicides, Firearm OVences and Intimate Violence 2005–06: Supplementary Volume 1 to Crime in England and Wales 2005–06, by Kathryn Coleman et al. Home OYce Statistical Bulletin 02/07, 25 January 2007. 7 Domestic violence, sexual assault and stalking: Findings from the British Crime Survey 2001, by Sylvia Walby and Jonathan Allen. Home OYce Research Study 276, March 2004. Table 2.5 gives for victims of severe force in the preceding 12 months a mean number of 18 incidents per victim for women and of 6 incidents for men. 8 See full list and bibliography by Martin Fiebert under “Academic Studies” on Dewar Research website. 9 Source: CPS communication to Adam Afriyie MP, 7 June 2007. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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even those suVering severe assault, do not report to the police, or that, if they do, the police or prosecution service take a more lenient view of female violence in intimate relationships, even in cases of repeated assaults, than they do of male violence.

Support Services for Male Victims 19. There are over 450 publicly funded refuges in England and Wales for abused women and their children There are none specifically for abused men and their children. Nor do male victims feature as a priority in the allocation of local authority emergency accommodation. National charities helping women victims receive substantial public funding each year, the few small charities helping male victims virtually nothing. 20. Local authorities receive about £60 million each year in government funding specifically to support female victims of domestic violence, but nothing to support male victims. Authorities are thus not encouraged to provide comparable support for male victims and their children. 21. Male victims of domestic violence find it generally more diYcult than female victims to access legal processes, including obtaining ex-parte non-molestation or other injunctions against violent female partners, especially when contact is needed in relation to children.

Sex Equality and Human Rights law 22. The persisting lack of Government funding for male victims of domestic violence and their consequent marginalisation in service provisions and legal protection, despite its own research evidence, is in conflict with the new Gender Equality Duty and also with Article 5 of the Human Rights Act 1998 (security of person). Despite this, strategies on domestic violence produced by Government (eg. in annual National Delivery Plans), continue to be still aimed primarily at female victims and male perpetrators.

Responsibility for Equitable System for Both Male and Female Victims 23. Domestic violence aVects both sexes, albeit to diVerent extents. Ignoring the plight of male victims is not only inequitable, but is unlikely to solve the problem of conflict in intimate relationships. It also ignores the plight of children of violent mothers, a form of child abuse. The present unlawful bias against male victims is now widely and deeply entrenched in public policies. It therefore has to be addressed at highest Government level so that a lead can be given at all lower levels. 24. Government urgently needs to recognise publicly the existence and plight of male victims of domestic conflict, and the prevalence of female violence. It needs then to implement a nation-wide system of equitable service provision and legal protection for male and female victims and to provide adequate funding for this. Such system must include more equal and eVective representation of male victims in domestic violence fora at all levels, from the Inter-Ministerial Group down. 10 September 2007

APPENDIX 4

Memorandum submitted by Standing Together Against Domestic Violence

Executive Summary A. Standing Together Against Domestic Violence has been successfully leading on the successful introduction of a coordinated community response (CCR) since the late 1990s. The Home OYce plans to move this concept forward is, we believe, exactly the right policy. B. This must be accompanied by an understanding that domestic violence must be a priority for the statutory sector. Additionally a focus on the safety of the victim and victim’s children’s is an essential element of any response. C. It is worth considering whether a CCR can be achieved if the Government, in the form of the Inter- Ministerial Group, sometimes shows signs of lacking such an approach, especially from what may be considered the non-criminal justice focused departments. The speed of the introduction of certain elements of the Domestic Violence, Crime and Victims Act has also been a concern. D. The crucial building blocks of a CCR are independent domestic violence advisers (IDVAs) and the Multi-Agency Risk Assessment Conferences (MARACs). The Specialist Domestic Violence Court has successfully allowed the proliferation of these examples of best practice. What is now required is a broader Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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thrust to the CCR ensuring a response beyond the criminal justice system. Concentration on high risk victims is only acceptable when funding is limited and this policy in itself will not solve the problems at their earliest stages. E. This can only be achieved if local government takes on its responsibilities (plus other important partners such as Health) and Local Authorities are held accountable for their performance in relation to their response to domestic violence. It is recommended that this be ensured through the use of the Comprehensive Performance Assessment system.

1. Introduction 2. Standing Together Against Domestic Violence has been delivering an operational and coordinated response to domestic violence in Hammersmith and Fulham for 10 years. We are nationally recognised for our success and believe our approach should be the model of choice for all domestic violence partnerships in the country. The Home OYce are currently consulting on a coordinated community response to domestic violence which mirrors our approach. The main points we wish to make in this document relate mainly to multi-agency or partnership working although other aspects of the inquiry are touched on in places. 3. We fully support this inquiry into domestic violence as we passionately believe three things: — That domestic violence still suVers from a lack of prioritisation at all levels of government and within relevant agencies. — That the complexity of the issue necessitates a formally coordinated response in the localities and this inquiry oVers an opportunity to ensure this happens — That central Government policy (particularly in the Home OYce) has led on very successful developments in this area and that these must be built upon if real change is to occur 4. We will not be charting the extent of the damage domestic violence causes to the economy, society and individuals as this will no doubt be emphasised by others. 5. Domestic violence is a complex problem that simply cannot be resolved by “standard” interventions. It is neither a straightforward crime that responds to the usual criminal justice system approaches, nor does it generally resolve itself if left to those suVering or perpetrating the violence. In these circumstances it requires interventions that are: —EVective—in the sense that the interventions work with the complex dynamics of domestic violence with an understanding of the problems and solutions to the issue. — Coordinated—which means that every relevant agency must work together to improve their internal response and, as importantly, work with partners to ensure none of those suVering fall between the gaps of the process as this is when they will quit the process and return to more years of abuse — Focused on safety—every agency responsible for dealing with the humans involved in domestic violence have vested interests (eg targets, large workloads) which may not match the needs of those humans. If the safety of the victims and their children is the overriding concern and objective the confusion of purpose rapidly diminishes

6. Central Government Policy 7. Before discussing the specifics of successful policies it may be worth considering the “joined up” approach of Government. This achieves its apparent apogee in the form of the Inter Ministerial Group on domestic violence. Strongly led from within the Home OYce it would be easy to admire this approach but the suspicion exists that it actually mirrors the dysfunction of local partnerships. As is discussed below the Home OYce have, with limited funding, delivered real change in this area, supported by what is now the Ministry of Justice and HMCS. It is diYcult, however, to see similar advances from other Government departments. 8. For example (a) The impressive document produced by the Department for Health intended to introduce routine questioning of those contacting the health service is for guidance only and has been very partially implemented. (Responding to Domestic Abuse: A Handbook for Health Professionals.) (b) The Department for Communities and Local Government are responsible for overseeing BVPI 225 yet this has significant failings (eg does not aVect counties, insists on production but not delivery of school based domestic violence education) and BVPIs themselves do not institute change in the way it was hoped. 9. At this point disappointment must also be expressed at the speed in which the Domestic Violence, Crime and Victims Act 2004 has been implemented. The fact that domestic homicide reviews have still to be formally introduced is a worrying sign of the relationship between central and local Government and how politics can be a barrier to changing practice in this crucial area. We believe that such reviews are a duty of local authorities and their partners and avoidance on the basis of a “new burden” is immoral. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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10. What did begin to create change in relation to domestic violence has been more practical approaches. In the earlier part of this century it was recognised that coordination was an essential element of an eVective response to domestic violence, due in part to our model at Standing Together. The Home OYce took the courageous step of funding coordinator posts, where none existed, in the hope that true coordination would then occur. Due to a lack of influence invested in these post holders and a lack of true prioritisation the impact of the coordinator has been less than was attainable. Despite these problems there are many coordinators doing their very best to provide an excellent service for partnerships and the victims of domestic violence. 11. This approach to coordinating domestic violence within a local authority setting, without the funding and prioritisation necessary, led to an increasingly focussed approach by the Home OYce on the best practice which was known to work and could be assessed for outcomes. CAADA (Coordinated Action Against Domestic Abuse) has been the most impressive organisation developing and establishing these examples of best practice and it was Standing Together, amongst others, being part of the process that led to these approaches being recognised and developed. 12. These examples of best practice are of course the Independent Domestic Violence Advisers (IDVAs) and Multi-agency Risk Assessment Conferences (MARACs). We fully support both approaches and they operate eVectively within our Borough. 13. However to ensure that IDVAs and MARACs were introduced the Specialist Domestic Violence Court (SDVC) was used as a “Trojan horse” to expand their development. SDVCs have undoubtedly improved the outcomes of domestic violence cases travelling through the criminal justice system and those that work eVectively (such as the one we coordinate at West London Magistrates Court) do deliver more oVenders to justice and related targets. What of course they cannot do is deal with the massive majority of domestic violence incidents and crimes that never reach the stage of a prosecution. 14. Thus the central thrust of Government domestic violence policy has been proven to be successful in its focus on high risk and those that have worked so hard to ensure this has happened are to be commended, particularly the Home OYce Domestic Violence Unit. 15. The concerns we have with this approach are described below but we accept that with the funding available this has been a sensible approach, ensuring the primary response is directed at those most at high risk of domestic violence. 16. We say that: — The funding made available for domestic violence is derisory when compared to that devoted to drugs, anti-social behaviour or other specific crime types, such as burglary or robbery. — That domestic violence is a fundamental causal factor in the wellbeing of society and that increased funding must be devoted here rather than to the symptoms of an unhealthy society. Levels of healthiness, educational attainment, anti-social behaviour, crime, child protection are just a few examples of the eVects of domestic violence which is a thread always present when an analysis of these problems is conducted. — That IDVAs and MARACs are some of the tools of a coordinated response and not a coordinated response in itself. The Home OYce are gradually developing a model of a coordinated response but they will not have the capacity or influence to ensure it is introduced in the localities where it must be based. — A concentration on high risk cases will mean that less funding will be directed at those suVering domestic violence in the early stages. This lack of earlier intervention reduces the ability to halt the escalation of violence, resulting in an increase in those suVering more serious abuse.

17. Local Government Policy

18. Our submission so far has intended to demonstrate a support for the policies pursued by Government, with reservations. What prevents those policies being more successful is the response from locally based partnerships and, in particular, local authorities. Local authorities have gradually taken on an increasing profile in this area but the funding they devote to it is dwarfed by their other statutory responsibilities and their response is to secure initiative funding. Mainstream funding within local authorities is rarely devoted to crime issues, with reliance being placed on other sources of funding such as Safer and Stronger Communities funds or Local Area Agreements.

19. When addressing domestic violence the picture remains the same. Despite some outstanding examples around the country domestic violence is an adjunct to the daily business and very rare is it to find the support that our organisation has received from our local authority and its partners, particularly the police. This is Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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a bizarre fact when the scale of the impact of domestic violence on local authority services is examined. In terms of the cost to housing agencies, children and adult services and education the costs are immense. Walby’s figures (which will no doubt form part of your inquiry) clearly indicate this cost yet the response is muted at the local level, apart from the standard role of the domestic violence coordinator mentioned above. 20. Beyond local authorities the costs to health agencies are similarly high, as they are with the police. In the latter case changes are slowly occurring but there still remains a concentration on targets which attract positive career progression, such as robbery and burglary. 21. In the case of health it would be easy to suspect that the pressure to reduce waiting times leads to a focus on the presenting symptoms rather than the causes of that injury or illness. 22. The explanation for this failure to treat domestic violence as a core responsibility and as a causal factor in many of the problems these agencies face is complicated. Some of the reasons are: — A lingering culture which accepts that this is a “private matter” and “why doesn’t she just leave?” — A sense that these issues are too diYcult to resolve. — The gendered nature of domestic violence. — There is no core funding as there is for statutory responsibilities. — It is not prioritised or recognised as a key issue for society. — A belief that refuges are the answer, or at least that they swallow what funds are available, despite this requiring the victim to leave the home rather than the perpetrator. 23. Standing Together have battled against some of this reasoning for all its life. Everyone in the domestic violence sector knows that the comparison between a victim of an assault outside a pub where the assailant is not known to the victim and a woman who has suVered years of violence and abuse at the hands of her partner is absolutely false. In the latter case the courage required to ensure the violence stops is one of the most diYcult things imaginable for any member of our society. And of course the statutory sector should be taking action not relying on the victim to resolve the violence. The fact that one in four women still often have to make this choice is an appalling indictment on the world in which we live. 24. Alternatively of course the suspect in a domestic violence case is always known and yet the rate of arrest for a domestic assault according to the Police Performance Assessment Framework for 2005–06 is only 27.7%. In cases of domestic homicide the perpetrator is invariably convicted despite the lack of witnesses. So when a victim is dead and cannot give evidence we can convict but in simple assault cases our reliance on the witness is such that we arrest just over one quarter of abusers. Estimations vary about how many of these arrests result in conviction but it is certainly under 10% of those crimes and is more likely to be about 4%. 25. Such statistics do not however do any more than highlight the problems and they largely concentrate on the criminal justice system which is a small part of the whole picture. The solutions below are based around the Government policies described above and remain the central tenets of the work done by Standing Together. These are known to work if properly implemented and the failure to introduce them nationally is simply a failure of political will.

26. Solutions I. Implement a broad (ie beyond the criminal justice system) coordinated community response in every local authority area including every relevant agency II. Ensure IDVA support is available for victims and a MARAC is in place III. Support coordination through a system of accountability reinforced by protocols and information sharing agreements IV. Place the responsibility for action in the hands of the statutory sector not the victim V. Concentrate on the safety of the victim and their children, and perpetrator accountability 27. These five steps will transform the negative outcomes of domestic violence but the question remains how this can be achieved at the local level. There can be no doubt that the majority of relevant agencies are connected to or are part of the local authority and this is where eVort must be directed. The other universal truth that Chief Executives of local authorities accept is that the Comprehensive Performance Assessment (CPA) dominates their strategic thinking. In a pragmatic and target focussed world these Chief Executives need to know what they are going to be tested on and how to get the best results.

28. Recommendation 29. Standing Together therefore recommend that domestic violence is introduced as a core section in the CPA. The test must be simple and ask the question “Does your local authority have a fully coordinated community response to domestic violence in line with the Home OYce model, supported by the necessary elements?” Examination of the data will then indicate if this exists and if the partners are delivering the performance possible when committed to this approach. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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30. As the Audit Commission says “CPA is regarded by both central and local government as a major driver of improvement in councils”. 31. Why not use it? 17 September 2007

APPENDIX 5

Memorandum submitted by Asylum Aid Asylum Aid is an independent, national charity working to secure protection for people seeking refuge in the UK from persecution and human rights abuses abroad. We provide free legal advice and representation to the most vulnerable and excluded asylum seekers, and lobby and campaign for an asylum system based on inviolable human rights principles. The Refugee Women’s Resource Project (RWRP) at Asylum Aid strives to obtain protection, respect and security for women seeking asylum in the UK by providing specialist advice, research and resources on asylum issues for women. In 2006 the RWRP won the Emma Humphreys Memorial Prize Group Award, in recognition of its groundbreaking work supporting women seeking protection in the UK.

Executive Summary

1. Asylum Aid is concerned that the progress made in dealing with victims of domestic violence within the criminal justice system is not reflected in the treatment of women escaping domestic violence abroad. This can be seen in the disparities in the way such women are dealt with in relation to collecting evidence, late disclosure, support and providing protection from traditional and cultural practices. It is suggested that an integrated violence against women strategy might remove these inconsistencies.

Introduction

2. Asylum Aid recognises that there has been progress made in tackling domestic violence in the UK. However the lessons learned from working with victims of domestic violence within the criminal justice system have not been transferred to dealing with women asylum seekers who have experienced domestic violence abroad and come to this country to seek protection from such human rights abuses.

Collecting Evidence

3. Both in the criminal justice system and in the asylum determination system, sensitive evidence needs to be obtained from the victim of domestic violence. The police need this for their criminal investigation whilst immigration staV need this to consider the woman’s asylum claim fully. In the criminal justice system, the need for such victims to build up trust with oYcials is recognised. However the speed of the asylum determination process prevents such trust developing as interviews are generally held within a week of entering the normal asylum determination system and within two days in the fast track system. 4. The police now generally understand the need to provide female oYcers to victims of domestic violence to facilitate obtaining evidence. However at their asylum interviews women asylum applicants are not provided with female caseworkers as a matter of course. After a forceful campaign by NGOs, the Border and Immigration Agency has now agreed to ask at screening whether an asylum applicant has a preference over the gender of their case owner, but it has yet to implement this. CardiV is the only region where women applicants are routinely assigned to women case owners as the asylum team has purposely imported the good practice of the police community safety unit. Recommendation 1: Female asylum applicants should be automatically allocated to female case owners. 5. Women victims of domestic violence would never be interviewed in the presence of their children in the criminal justice system. Yet this happens routinely to women who are claiming asylum. Lack of childcare arrangements impedes women’s ability to have a quality interview either through distraction or because they cannot tell a full account of the domestic violence they have experienced in front of their children. A UK- wide campaign to persuade the BIA to provide childcare during asylum interviews has resulted in one region (CardiV) doing this but no other region has followed suit as yet, despite this example of good practice. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 110 Home Affairs Committee: Evidence

Recommendation 2: Childcare should be provided during asylum interviews.

Late Disclosure

6. The police and Crown Prosecution Service generally recognise that a delay in reporting an allegation of domestic violence does not reduce its credibility, yet in the asylum determination system late disclosure goes against an applicant’s credibility. This is despite the Border and Immigration Agency’s (BIA) own gender guidance stating “If an applicant does not immediately disclose information relating to her claim, this should not automatically count against her.”10 However the BIA has been found not to implement its own gender guidance.11 Recommendation 3: The BIA should fully implement the Asylum Policy Instruction (API) on gender issues in the asylum claim. 7. Late disclosure of domestic violence continues to eVect credibility at the appeal stage. Judges in the criminal justice system are expected to comply with the Judicial Studies Board’s Equal Treatment Bench Book which has a section on gender inequality that covers domestic violence. In 2000, the Immigration Appellate Authority published its own gender guidelines which refers to domestic violence as a form of serious harm within the meaning of the Refugee Convention.12 However in September 2006 the Asylum and Immigration Tribunal (AIT) declared that these gender guidelines were not the policy of the AIT.13 Recommendation 4: Immigration Judges should work within gender guidelines recognised by the Asylum and Immigration Tribunal. Decisions at appeal should not contradict the Gender API.

Support

8. There are a range of support provisions for women from this country who have been aVected by domestic violence. Similarly the BIA has a strong policy on domestic violence when asylum seekig women experience this in the accommodation they provide.14 However, the Home OYce’s own research found that some women who had experienced violence in the family/community and marriage related harm had been detained in their fast track system.15 Their report recognises that women who have experienced such gender persecution should not be in this system, yet women who have experienced domestic violence continue to be placed there, sometimes detained for many months and experiencing diYculty in being taken out of the system.16 Recommendation 5: Procedures should be put in place to ensure that women whose claims raise gender-based issues are not placed in the fast track detention system or are removed from this system as soon as such issues are identified.

Traditional and Cultural Practices

9. The protection given to women in this country from traditional and cultural practices within the family also diVers to that available to women from abroad seeking protection from such practices. The UK government has legislated against forced marriage and female genital mutilation and the police are working on issues relating to so-called honour crimes, but women fleeing such abuses abroad find it diYcult to have their asylum claims accepted in this country (for example, the case of a young woman at risk of FGM in Sierra Leone had to go all the way to the House of Lords).17

10 Asylum Policy Instruction “Gender issues in the asylum claim” (London: Home OYce, March 2004) http:// www.ind.homeoYce.gov.uk/documents/asylumpolicyinstructions/apis/genderissueintheasylum.pdf?view%Binary 11 S. Ceneda and C. Palmer, Lip service or implementation? Home OYce Gender Guidance and Women Asylum Seekers (London: Asylum Aid, 2006) 12 N. Berkowitz and C. Jarvis, Asylum gender guidelines (Immigration Appellate Authority, 2000) 13 NotefromCMGOckleton, Deputy President, Asylum and Immigration Tribunal, Issue 17 (2006), 25 14 Policy Bulletin 70 Domestic Violence http://www.ind.homeoYce.gov.uk/documents/accesstosupport/pb70?view%Binary 15 Home OYce: Yarlswood Detained Fast-Track Compliance with the Gender API, A report by the NAM Quality Team, August 2006 16 S. Cutler, ‘Refusal factory’ Women’s experiences of the Detained Fast Track asylum process at Yarl’s Wood Immigration Removal Centre (London: Bail for Immigration Detainees, 2007) 17 SSHD v K and Fornah [2006] UKHL 46 Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 111

Conclusion 10. It is clear from the above that the good practice of the criminal justice system in relation to domestic violence has not been transferred to the immigration services. We believe that the disparities described above demonstrate the need for an integrated strategy to tackle violence against women. 27 September 2007

APPENDIX 6

Memorandum submitted by the Independent Police Complaints Commission 1. The Independent Police Complaints Commission (IPCC) is a non-departmental public body which became operational on 1st April 2004. The IPCC is funded by the Home OYce, but by law is entirely independent of the police, interest groups and political parties and its decisions on cases are free from government involvement. 2. The IPCC has a legal duty to oversee the whole of the police complaints system created by the Police Reform Act 2002. Our aim is to transform the way in which complaints against the police are handled. 3. A vital part of the complaints system is to ensure that recommendations and lessons learned from complaints and subsequent investigations are highlighted, implemented and disseminated across forces nationally. A Learning the Lessons Committee consisting of the IPCC, Association of Chief Police OYcers (ACPO), Her Majesty’s Inspectorate of Constabulary (HMIC), Association of Police Authorities (APA), National Policing Improvement Agency (NPIA) and the Home OYce have been studying how to share lessons eVectively. 4. The IPCC, under the aegis of the Learning the Lessons Committee, is establishing a system under which organisational learning gleaned from conduct investigations carried out by the IPCC, police forces, Serious Organised Crime Agency (SOCA) or Her Majesty’s Revenue & Customs (HMRC) is collated. The Learning the Lessons Committee will draw on these reports to produce Learning the Lessons bulletins, which will provide an insight into cases where things have gone wrong and act as a conduit for improving policing practice by demonstrating where action may need to be taken. 5. The first of these bulletins was published in June 2007 and focussed on the police response to the victim in cases of domestic violence. In addition to containing case studies, it provides an overview of common themes and points for learning. Future bulletins may also be on a specific theme or more general in nature, depending on what issues arise in the course of investigations. 6. The 10 cases featured within this first Learning the Lessons bulletin focussed on the response of the police to the victim. Historically, this was an area that gave rise to serious failings in policing. It is acknowledged that great progress has been made in recent years following detailed guidance introduced by ACPO in 2004 and its statutory reinforcement by the Domestic Violence, Crime and Victims Act 2004. 7. The cases selected for inclusion within the bulletin do however suggest that there may still be some way to go before good practice is embedded and consistent throughout the police service.

LEARNING THE LESSONS BULLETIN 1 JUNE 2007 DOMESTIC VIOLENCE

1. Headlines A brief outline of recurring concerns in the cases in this bulletin, and related learning, follows—more detail can be found on these concerns at pages 5 and 6 and on recommendations in the reports.

1.1 Holistic approach

Concern Lack of a co-ordinated overview of all relevant incidents and intelligence by staV with specialist training in domestic violence.

Learning Role of the domestic violence unit crucial to an inclusive and co-ordinated response to domestic violence, but active supervision needed generally to ensure follow through of incidents. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.2 Record keeping Concern Failure to capture and accurately record the nature of an incident/series of incidents.

Learning Full and accurate recording essential, otherwise intelligence cannot be assessed and cross-referenced.

1.3 Awareness of triggers and risk indicators

Concern Lack of awareness of the circumstances likely to trigger domestic violence and failure to recognise factors in perpetrator’s history that showed a need for intelligence in order to assess risk.

Learning Greater awareness of domestic violence triggers and risk indicators critical if such tragedies are to be avoided in the future.

1.4 Arrest

Concern Opportunities to arrest missed, sometimes repeatedly.

Learning Adopt positive action policy—consider arrest for breach of bail conditions regardless of the victim’s wishes—and pursue search/arrest strategies on a consistent basis.

1.5 Risk Assessment

Concern No risk assessment/risk assessment informal or based on partial evidence/no review on escalation of violence.

Learning Immediate response operational police cover not enough, staV need specialist training in domestic violence to ensure eVective risk assessment.

1.6 Proactive investigation/resources

Concern Failure to pursue investigation eVectively or provide adequate support to victims, often because of insuYcient resources.

Learning Make early contact with the victim, assess and proactively investigate in a proportionate and professional manner—vital to allocate suYcient resources for these purposes.

1.7 Interaction with other agencies

Concern Poor communication between the police and other agencies.

Learning Need for force to share intelligence with other forces, also for agency to be aware that someone has been professionally assessed as a serious risk to bring this to the attention of police at a senior level. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 113

2. Case Summaries

2.1 Keeping a search/arrest strategy going

A man released from prison on licence condition that he lived at a named address in England travelled immediately to Northern Ireland. There he committed and was arrested for an assault on his landlady. A notice to recall him to prison and a warrant for his arrest were promptly issued and the UK authorities alerted via the PNC. Despite this he was given a suspended sentence on conviction for the assault and released without the recall/arrest being implemented or the authorities notified.

He returned to England, still listed as wanted. The police were alerted when he applied for social housing. The police were told that he was not in the hostel where he was in fact living and did not visit the hostel to check. Later, he murdered his partner and it then came to light he was wanted on recall to prison for the breach of his licence condition.

Key lesson is the need for robust processes to keep a search/arrest strategy going, including closer co- ordination between the police and other MAPPA partners (information sharing, thorough physical checks etc) and inclusion of people circulated as wanted by the probation service on forces’ local wanted persons systems.

2.2 Co-ordinating the police response

A woman had complained to the police over a number of years about incidents involving her ex-husband, including threats and an assault. A silent 999 call was received from her address. After attempts to get a response failed, the call was logged but not referred for action.

Later that morning a neighbour called about a woman screaming at the address. This was logged as a domestic incident. The call was marked for immediate action and recorded as assigned. It is not clear whether it was in fact assigned and no vehicle responded. This was only discovered at about 3 pm. A unit was then assigned to attend.

Meanwhile, the sister of the woman living at the house had rung that afternoon to report her as missing. She told the police about the previous domestic violence. The call was graded “S” (as soon as possible and in any case within one hour) and arrangements made to meet the caller at the house. Meanwhile the unit responding to the neighbour’s report arrived and met the caller there. The oYcers at the house were not aware of the missing person report and the caller was not aware of the neighbour’s report. Despite signs that something was amiss, the oYcers let the caller walk ahead into the flat. She found her sister stabbed and strangled, murdered by her ex-husband.

Key lessons are the need not to deal with incidents in isolation without reference to previous intelligence; to ensure eVective corporate management of the Computer Aided Despatch system and silent calls; to assess a possible crime scene fully before allowing a member of the public to go ahead of police.

2.3 Recognising where urgent action needed

A woman was stabbed to death by her ex-partner after a series of complaints she had made to the police about domestic violence and harassment by him.

Two weeks before, she had reported the brake pipes on her car had been cut. The police did not take a statement until three days later. A handover statement was then left in the in-tray of a probationary constable who had seen her on a previous occasion when she had complained and the inspector in charge of the team that took the statement did not use the duty inspector’s handover sheet to alert the inspector coming on duty of the case.

The probationary constable was away for five days. On his return he referred it to the domestic violence unit. No positive action had been taken, no proper risk assessment carried out and no referral made to the domestic violence unit before then. The domestic violence oYcer, who had little experience in the post, was going on leave for three days and decided to leave it until his return. Two days later the woman was murdered and similarities to her ex-partner’s behaviour in previous relationships came to light.

Key lessons are the need to capture intelligence on previous history; for experienced supervision of incident reports to ensure action where urgent; to treat crimes such as cutting brake pipes seriously. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2.4 Need for proactive approach A couple whose relationship was deteriorating each complained to the police about the other on several occasions over a period of three months. These complaints were handled by a number of oYcers over the force area. The woman’s complaints included threats by the man to kill her and an alleged assault on a cruise holiday. Her first complaint was graded as not time critical and this grading was not changed when subsequent complaints were added. Her partner had 18 previous convictions, including for violence. Despite this, the force made no risk assessment. Nor was he arrested in connection with the allegation of assault or harassment. Support for her was on a reactive basis only. The incidents reported culminated in the man stabbing his partner to death. Key lessons are that incidents should not be dealt with in isolation, an overview of the suspect’s behaviour is needed; the need for a proactive investigations capability and a positive action policy; grading should be robust and supervised.

2.5 Getting there in time A woman whose 20-year relationship had broken down went to live with her sister. On two occasions when she called the police about her ex-partner, they failed to respond adequately. On the first occasion she made a 999 call in the evening to report that he was refusing her access to their children and told the police he had been violent towards her in the past. She was told the police would come but not when. Units were assigned but redeployed before they arrived and by next morning, when the force rang to apologise, the police had still not reached her (by then the immediate issue had been resolved). Three weeks later she called at the police station at midday to complain about threats by her ex-partner. No units were available and a contact number was taken. This was her work number but was inadvertently recorded as her home number. Fruitless attempts were made to contact her until the police discovered in the evening that it was a work number. She was located next day and arrangements made to see her at her sister’s home. Before the police reached her, she was murdered outside the police station by her ex-partner. Key lessons are the need for proper training in domestic violence for front oYce staV; improved recording of phone numbers; clarity in ownership on outstanding commitments; better capture of intelligence.

2.6 When violence escalates A woman was involved in an on/oV relationship with a man who had a long history of drug abuse and violence. He had been in prison several times. There were some isolated domestic incidents between the two until he moved into her home, when the incidents escalated. She reported an assault and death threats to the police. Arrangements were made for an alarm to be fitted and her partner was arrested and charged. One of the bail conditions was no contact with her. A detective inspector countermanded the alarm as it would have meant withdrawing one from elsewhere and referred the case to a domestic violence oYcer for assessment. He did not follow up the assessment as the man was placed on remand. An occupational therapist who assessed him as a serious risk told his probation oYcer, but not the police. The probation oYcer left a message at the police station but did not speak to a senior oYcer. A few days later the man was arrested at his partner’s home and charged with assault and breach of bail conditions. He threatened to kill her if she did not drop the charges. He was then arrested for witness intimidation and detained. Further reports of threats were received but the police took no action as he was now in prison. He was released after the court made a restraining order but the police did not monitor court action, so made no risk assessment on his release. His partner then reported receiving threatening text messages from him. She only wanted these recorded and the police took no other action. Shortly afterwards, he murdered her at her home. Key lessons are to allocate alarms on the basis of comparative risk assessments; actively supervise domestic violence report forms and follow up assessments; need for cohesive intelligence and eVective liaison between police and other agencies; need to consider action on breach of bail conditions regardless of victim’s wishes.

2.7 Investigating properly A woman suVered over a year of terror and harassment after ending a relationship. She alerted the police to her fears on several occasions, reporting (among other things) assault, damage to her car, threatening calls, an attack during a robbery (which she believed her ex-partner was behind) and finally threats to kill her. At no stage did the police identify her as vulnerable or categorise her case as high risk. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 115

There was no meaningful investigation of the robbery. Statements were not taken from key witnesses who had seen two men near the scene at the time, forensic tests were not carried out on a Mars bar wrapping found in the telephone box from which the robbers had called her first, the descriptions of the robbers were not circulated and her ex-partner was not interviewed though there were strong grounds for suspecting he was behind the robbery. No risk assessment was made in relation to the victim’s safety. Her ex-partner shot her dead. He was subsequently tried and convicted of the robbery as well as her murder. Although he used an unlicensed firearm to kill her he had a valid firearms licence at the time. The last renewal was after he had been bound over in relation to the allegation of assault and while he was still under suspicion for the robbery. The firearms licensing oYcer renewing the certificate looked only at bind over and did not consider the whole of the man’s record. Key lessons are the need for better training in domestic violence and proactive management, based on greater awareness of risk factors; to ensure ownership of policies and investigatory procedures by those responsible for implementing them; for processes to identify potential critical incidents and ensure referral to the command team; for rigorous examination of the background of an applicant for a firearms licence.

2.8 Giving it the right priority A woman who was pregnant by her former partner made a 999 call reporting that he had assaulted her and was threatening to kill her. The police instituted a search with a view to arresting him for assault. The force assessed the case as low risk. The investigation into the allegation was flawed: support for the victim was slow and inadequate; photographs of her injuries were taken by a constable not a police photographer; she was not kept informed and the force’s response was not co-ordinated. The police missed two good opportunities to arrest her former partner. On one occasion she named the pub where he was drinking; the duty sergeant said all oYcers were elsewhere deployed (two oYcers were dealing with a distressed dog in a car and a female sergeant refused to go to the pub to arrest him on her own because of personal health and safety concerns). He had left by the time the police arrived. On the second occasion, police stopped his car because the rear light was broken; he was issued with a ticket to produce his documents but not detained. Shortly afterwards he murdered his ex-partner. He was convicted for the original assault on her as well as the murder. Key lessons are the need for eVective implementation of ACPO Guidance on Investigating Domestic Violence; for the domestic violence unit to give priority to early contact with the victim rather than inputting of statistical data; follow through on arrest decisions; training for staV in the domestic violence unit.

2.9 Breach of bail A woman came from Pakistan as the wife of a man who had lived in the UK for many years. There was a series of domestic violence-related incidents between the couple and the man was arrested, charged and bailed for assault on his wife. A condition of bail was not to go to the family home but his wife was not told of this. The police then attended at the house several times as a result of further incidents but no action was taken against the husband for breach of the bail condition. The wife was then arrested for assault on a woman who appeared to be married to the same man. The wife made a counter-allegation against the other woman. The oYcers involved failed to investigate those counter-allegations, because they were investigating the allegation against the wife, but did not refer them to any other oYcer. The wife says that she attended the police station to report that threats were being made against her and her family in Pakistan to force her to drop the assault allegation. The General Occurrence Book did not appear to have been properly completed and there was no record of such a visit. She subsequently made a statement, indicating that she felt in danger. She mentioned pressure being put on her family in Pakistan, but did not identify a threat to them. She complained that the police were not taking her allegations of being threatened seriously. She could not speak English, so the statement was taken by an interpreter without direct involvement from the police. Her complaint was not recorded and no risk assessment was made of her safety. Shortly afterwards, her brother-in-law was shot dead in Lahore, according to her family by her husband’s brother. When informed, the police authorised regular checks on the wife’s home and a “police watch” incident was created. This was cancelled when her home had little attention from patrols due to other incidents. There was a delay before the force decided to investigate the threats against the wife and record her complaint. Key lessons are to ensure the victim is told of bail conditions and knows what to do on a breach; cross refer new incidents with previous incidents; resource and monitor regularly “police watch” incidents; clarify use of interpreters when interviewing witnesses and procedures on investigating counter-allegations; follow through on investigations; use General Occurrence Book properly. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2.10 Christmas Day Cover In the early hours of Christmas Day a married couple made a 999 call. It concerned an argument between them which involved a knife and threats being made. Two constables were sent to the scene. The oYcers spoke to husband and wife separately. Neither wanted to take formal action against the other and this was the main reason no arrest was made. Each oYcer completed most of a crime DIAL (Domestic Investigation Arrest Log) form and left, in the belief that the incident was formally closed. Among other reasons noted in one of the forms for not arresting was that it would have resulted in detention on Christmas Day. Back at the police station, the oYcers submitted the paperwork. Normal procedure would have been to finish oV the DIAL forms and submit them to the public protection unit, where a Domestic Violence Perpetrator OYcer and Domestic Violence Victim OYcer would have been appointed. They did not do this, as it was Christmas Day and the public prosecution oYce was not staVed over the holiday. Nor was there any supervisor on duty at the station to review the DIAL forms. They left a note to the following shift to complete the necessary crime complaint documentation with the public service desk. On Christmas Day evening the husband’s mother called the police with worries about her daughter in law’s safety. Police oYcers were dispatched to the house and found the wife dead. She had been stabbed by her husband. Key lesson is the need for adequate resources over periods like Christmas notorious for serious/increased levels of domestic violence.

3. Recurring Issues The 10 cases in this bulletin focus on the response of the police to the victim. Historically, this was an area that gave rise to serious failures in policing. Great progress has been made in recent years, following the introduction by ACPO in 2004 of detailed guidance on investigating domestic violence and its statutory reinforcement by the Domestic Violence, Crime and Victims Act 2004. These cases suggest, however, that there may be some way to go before good practice is embedded throughout the police service. Concerns that recur are identified below.

3.1 Holistic approach The major issue to come out of the cases in this bulletin is the need for a co-ordinated overview of all relevant incidents and intelligence by staV with specialist training in domestic violence. Domestic violence requires an inclusive and co-ordinated response—coherent control of the investigation on the one hand and eVective communication with the victim on the other coupled with risk assessment made on the basis of the full picture and information shared with other forces and agencies as relevant. The role of the domestic violence unit is crucial here. This holistic approach was lacking in several cases: — No overall control of investigation of one incident or a number of related incidents. — No overview by specialist domestic violence oYcer. — Lack of specialist training for domestic violence and call centre staV. — Lack of ownership of outstanding assignments. — Failure of the specialist domestic violence oYcer to make early contact with the victim and priority given instead to inputting statistical data. ACPO and Home OYce guidance aims to improve how the police investigate domestic violence, but serving oYcers are not compelled to undergo training in domestic violence.

3.2 Record keeping This is a fundamental discipline. Without it intelligence cannot be assessed or cross referenced. In several cases the police failed to keep adequate records of calls and incidents or at all: — Failure to capture the overall nature of the incident. — Details entered incorrectly.

3.3.1 Awareness of triggers and the victim’s circumstances Awareness of circumstances likely to trigger domestic violence is important to risk assessment. A 2002 Metropolitan Police study of domestic violence showed that: — The level of domestic violence escalates quickly with 1 in 3 households having a second incident with five weeks. — Repeat victims are much more likely to be killed. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 117

— Women who try to end relationships are frequent victims. — Violence can often be triggered by pregnancy. These and other recognised triggers are reflected in the cases in this bulletin: — Repeat victims. — Ending relationship. — Pregnancy. — Arguments over custody and child contact. — Stress at Christmas. — Social isolation of the victim. Empathy with the victim, taking the victim’s situation seriously and treating domestic violence as violent crime is vital. In the past, domestic violence was viewed by some as less serious than a similar oVence in a non-domestic context. The domestic context was viewed, in the words of the CPS, almost as a mitigating factor whereas in reality it is an aggravating factor, involving as it does a severe breach of trust in what should be a safe home environment.

3.3.2 Risk indicators Common factors in the background of the perpetrators in these cases show a need for intelligence on the perpetrator’s history in order to assess risk: — History of violence. — Breach of bail. — Drug abuse and Mental Health issues. — Jealousy Stalking. — Threats to commit murder and escalation of violence. Since the increased use of mobile phones, stalking is often evidenced by persistent threatening and nuisance phone calls. A 2002 Metropolitan Police study found that stalking by men is a strong indication that they can show extreme violence. These risk indicators and triggers are also set out in the ACPO guidance on Identifying, Assessing and Managing Risk in the Context of Policing Domestic Violence (February 2005).

3.4 Arrest ACPO Guidance on Investigating Domestic Violence emphasises the importance of positive action and approach to the arrest of the perpetrator. Where evidence exists the perpetrator should be arrested, oYcers must always make use of intervention and safety options available and will have to justify any decision not to arrest. Opportunities were missed in seven of these cases, sometimes repeatedly, due to: — Inadequate deployment of resources. — A failure to appreciate the full circumstances. — Poor use of intelligence. — Indecision arising from counter-allegations. — Victims unwilling to press charges. — Failure to take oVences/breach of bail conditions seriously.

3.5 Risk Assessment Risk assessment and review is at the heart of ACPO Guidance on Investigating Domestic Violence, its purpose being: — To reduce the likelihood of future harm including the eVects of further violence, serious injury and homicide on adult and child victims, future victims and the public. — To facilitate the eVective use of police powers in protecting the public, investigating crime, targeting oVenders, intelligence-led policing, reducing and preventing crime, narrowing the justice gap and in contributing to the Criminal Justice System function of holding oVenders accountable. Several of the cases demonstrate serious failings in risk assessment: — No risk assessment. — Lack of formal risk assessment or assessment based on partial evidence. — No risk assessment or review/regrading of priority on escalation of violence. Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 118 Home Affairs Committee: Evidence

However, research shows that risk assessment alone is not the answer. In 2002 the Metropolitan police subjected a month’s worth of reported domestic violence assaults ranked as GBH or more serious to their risk assessment procedure. Two of the domestic violence homicides were ranked as “low risk”.

3.6 Proactive investigation/resources A key lesson from the cases is the need not just to record domestic violence, but to assess and then proactively investigate in a proportionate and professional manner. In some cases the failure to do so was rooted in a lack of adequate resources. — Investigation poorly co-ordinated. — Basic evidence gathering and pursuing lines of enquiry. — Lack of Christmas cover (Ellis). — Lack of resources for domestic violence unit. — Inadequate supervision. — Limited supply of alarms.

3.7 Interaction with other agencies Information management and sharing between police, social services and health professionals is key to reducing domestic violence. The ACPO lead on Domestic Violence has said at Refuge’s 2006 Annual Conference that despite recommendations in the past and lessons learned from public inquiries, agencies are still not sharing information that would help protect the public and that legislation is needed to oblige agencies to share information and save lives. In several cases poor communication between the police and other agencies contributed to the outcomes: — The perpetrator was a wanted foreign national. — The police, local MAPPA agencies, the council and probation and oVender management failed to share information. — Health and probation services failed to communicate eVectively to the police. Bulletin 1 June 2007

Domestic Violence The purpose of Learning the Lessons bulletins is to summarise reports on recommendations for improving policing practice which have arisen out of conduct investigations carried out by the Independent Police Complaints Commission (IPCC) or by police forces, Serious Organised Crime Agency (SOCA) or Her Majesty’s Revenue and Customs (HMRC). This bulletin focuses on the police response to the victim in cases of domestic violence. In addition to containing summaries of cases it provides a brief analysis of common factors. These cases have been chosen because they provide learning opportunities for other police forces facing similar situations and may help them improve their policies and practices. They were selected from independent, managed and supervised investigations relating to domestic violence (as defined by ACPO) carried out since 1 April 2004. Cases which did not concern the response to the victim or did not contain significant learning were eliminated. Cases whose inclusion in the bulletin might prejudice possible legal proceedings or pending inquests were also excluded. The analysis has benefited from input from ACPO and NPIA/Centrex. Full reports of the cases referred to are available on the IPCC website (www.ipcc.gov.uk). Names have been changed in the learning reports to make it possible to circulate them more widely. This bulletin is issued by an inter-agency forum called the Learning the Lessons Committee. Its members are: — Association of Chief Police OYcers (ACPO). — Association of Police Authorities (APA). — HM Inspectorate of Constabulary (HMIC). — The Home OYce. — Independent Police Complaints Commission (IPCC). — National Policing Improvement Agency (NPIA). 27 September 2007 Processed: 04-06-2008 23:26:10 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 7

Memorandum submitted by CAADA 1. Executive Summary: We believe that we are witnessing a major shift in the way that domestic violence is being addressed in this country. The introduction of trained Independent Domestic Violence Advisors (IDVAs) and Multi-Agency Risk Assessment Conferences (MARACs) is transforming safety outcomes, saving lives and saving money. 1.1 The current programme has seen a major addition to capacity in the sector and over 20,000 of the highest risk victims are now receiving this support. This figure is set to double in the next year as the number of trained IDVAs rises from 275 currently to 500 and the number of MARACs from 70 to over 100. 1.2 We recommend that a national network of 1,200 IDVAs and 300 MARACs is established, supported by CAADA to ensure a continued high quality of provision. This needs to be embedded in mainstream funding and the role of the key stakeholders in this multi-agency approach needs to be clear, whether by putting MARACs on a statutory footing, or by other policy directives. The cost of such a network of MARACs and IDVAs would be £50 million. 1.3 Such a network would put England and Wales at the forefront of best practice in responding to domestic violence, would support over 100,000 victims annually and save the public purse in excess of £250 million in direct costs alone. Based on the statistics gathered to date, 40,000 of these victims would suVer no further abuse. The combination of IDVAs and MARACs is oVering a solution to what was historically seen as an intractable problem. 2. Introduction to CAADA18: CAADA is a registered charity set up just over two and a half years ago with the aim to cut deaths and serious injury and improve safety for victims of domestic violence. We are pioneering a new approach to domestic violence by using a professional network of Independent Domestic Violence Advisors, or IDVAs, to protect and support the highest risk victims and their families. We to re- engineer the response to domestic violence across the UK by training IDVAs to a nationally recognised standard to work in partnership with local services to try and keep the highest risk victims of domestic abuse and their families safely in their homes. Early evidence from the new areas where there are IDVAs and MARACs19, (Multi-Agency Risk Assessment Conferences), shows more than a halving in repeat victimisation for the highest risk families. 3. Progress to Date: The past two and a half years have witnessed a noticeable and important shift in the way that the highest risk victims of domestic abuse are supported both by the voluntary sector and statutory agencies with the introduction of IDVAs and the roll out of MARACs across the country. CAADA has been closely involved with both of these developments and has, in our opinion, developed a very eVective relationship with the Home OYce and more recently the Ministry of Justice in implementing this work. We feel it is important to stress that it has been this combination of innovation from the voluntary sector which has been picked up and acted on by central government that has led to such successful results. 3.1 Some of the key milestones in the development are listed below.

Date CAADA’s Action Home OYce Action Feb 2005 Defined the role of the independent domestic Took the CAADA definition to all key violence advisor stakeholders and got sector agreement to use this in future. Now has the status of the “nationally agreed definition” of the role of the IDVA Feb 2005 CAADA writes the first nationally accredited Mid 2005- Home OYce reviews the CAADA training programme for IDVAs and launches training and recommends it for all IDVA it as a pilot programme with 20 practitioners practitioners 2005–07 CAADA delivers training for over 360 2005–07 Home OYce agrees funding for over practitioners to date (100 in training currently) 200 new IDVA and ISVA posts. including both Home OYce funded and other IDVAs 2006–07 CAADA develops Implementation Guidance Home OYce announces that MARACs will be for MARACs introduced initially in all the SDVC areas and later more widely, making 75 MARACs by Q3 2007

18 Co-ordinated Action Against Domestic Abuse. 19 Multi-agency risk assessment conferences in which several agencies meet to share information and create a safety plan for the highest risk victims in an area Processed: 04-06-2008 23:26:10 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Date CAADA’s Action Home OYce Action 2007 Initial data indicates that over 70% of victims supported by an IDVA and MARAC suVer no repeat victimisation at the six month stage. Saving to the public purse from existing MARACs estimated at £60 million in the next year.

4. Support for Victims: 4.1 The main shift in this area has been the development of a trained professional to support high and very high risk victims of domestic and sexual abuse in the form of IDVAs and ISVAs20. CAADA has developed a certified, professional, training course for IDVAs and ISVAs, the first in the field, which has become the recognised national standard. So far about 275 people have completed the training and we will train a further 250 in the coming 12 months. We also oVer a continuing professional development programme for graduates of the course that includes face to face training and specialist conference calls on topics of professional interest. 4.2 When CAADA ran its first training course in 2005 we estimate that there were about 20 practitioners nationwide who were following the specific model of the IDVA in terms of supporting high and very high risk victims of domestic abuse and working in partnership with other agencies. To-day that figure is over 275 and will rise to over 500 within the next 12 months. Each IDVA can support around 75 high risk victims a year. This means that over 20,000 people are currently being supported by an IDVA and that this will almost double in 12 months time. 4.3 The IDVAs play a crucial role in addressing safety for high risk victims of domestic violence. They have been shown to be eVective in a wide cross section of communities including those traditionally regarded as “hard to reach” including black and minority ethnic, LGBT and rural areas. They are responsible for carrying out approximately 80% of the work from MARAC and in underpinning its eVectiveness. 5. Multi-agency Responses: 5.1 The first domestic violence MARACs were held in CardiV in 2003. The outcome from these has been that over 40% of victims have suVered no repeat violence 12 months after their case has been reviewed at the MARAC and a unique safety plan put together. CAADA has worked closely with the Women’s Safety Unit in CardiV and created an implementation package including written materials, training support and continued face-to-face telephone and email contact. As noted above, we presented this to the Home OYce who in turn have funded us to implement this, initially in 25 areas in the first year, and now in over 70 areas with the plan being that this should be running in over 100 areas within the next 12 months. The recent decision by the Home OYce to give some funding towards the appointment of dedicated MARAC co-ordinators has been an important help to the running of MARAC as this represents a genuine marginal cost. 5.2 We estimate that over 15,000 cases will be reviewed at these MARACs in 2008. If 40% of these cases suVer no repeat violence as in CardiV at the one year follow up stage, then the saving to the public purse in direct costs alone would be £60 million. The human impact of achieving safety is obviously many times as great. These have been traditionally seen as the most intractable cases but with the arrival of MARACs, solutions are being found that address safety for victims and their children. It should be noted that the early data is actually showing a lower repeat victimization level which is most encouraging. 6. Support for the Sector: 6.1 CAADA works directly with IDVA projects to help them develop a uniformly high quality service for women and their families through the establishment of minimum standards for service provision. We feel that this is vital not only in terms of every survivor receiving the same high quality of service, but also for practitioners and management to get the support they need to carry out their work eVectively addressing the safety of their clients in every case. We hope that this will form a framework that will give increased confidence to funders to support this work in future. 6.2 CAADA has recently begun to pilot these accredited service standards. Clearly we very much hope that the Home OYce will also see this as an important way of improving the response to victims of domestic abuse and will support our work with the kind of direction in terms of policy and funding that we have seen in the other two areas. We really believe that with these three elements in place, namely accredited practitioners, accredited services and an eVective multi agency response, that England and Wales would have one of the finest responses to domestic abuse of any country in the world.

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7. Barriers to Multi-agency work: 7.1 One of the questions in the outline of the work of the Committee was to identify barriers to multi- agency work. We in no way wish to appear naı¨ve or over optimistic, but we feel it is important to stress that when agencies are presented with an eVective and simple model to address some of the diYcult challenges presented by complex cases in domestic violence they appear to be able to overcome those barriers in most places. The barriers themselves will come as no surprise to the Committee: they relate to a lack of confidence in terms of information sharing without the consent of the victim and the lack of trust between partner agencies, both within the statutory sector and between the statutory and voluntary sectors. 7.2 There are additional complexities in some of the major Metropolitan areas relating to the mobility of staV involved in multi-agency work and the consistency of attendance from key agencies at these meetings. Clearly successful multi-agency work is built on trust and in areas of high staV turnover this is more of a challenge to establish. 7.3 We have tried to address the issue of information sharing by providing simple and straightforward guidance for newly established MARACs and have been fortunate to get support from the OYce of the Information Commissioner, from a major international law firm and from other specialist practitioners in creating this. We have also created the tools required by agencies to define what information to share and how it should be recorded and a mechanism within the MARAC that allows them to do this in a safe and controlled way. These are available on our website. As a result we have met remarkably little resistance with the implementation of this process. Rather, there are many areas that have chosen voluntarily to implement MARACs despite not being part of the Home OYce supported programme. Indeed, the process remains voluntary for all concerned.

8. Recommendations: 8.1 Looking forward, the challenges for all of us involved in this work are significant. In the simplest terms we need to see the roll out of a national network of Independent Domestic Violence Advisors and MARACs. CAADA has estimated that we would need 1,200 IDVAs to cover the country adequately and 300 MARACs. The cost of funding this in salary terms alone would be in the region of £36 million for the IDVAs and £9 million for the MARAC co-ordinators annually. Again this is based on direct costs only. In addition CAADA would need to grow considerably to support the network of IDVAs and MARACs around the country and to ensure that they work as eVectively and cost eVectively as possible. We estimate that our running costs for this would be £5 million per annum. 8.2 Currently, the funding for this work is typically short term and unstable. We need to see both adequate capacity in the sector and main stream funding to create a robust system for supporting the most vulnerable victims in our society. With such a structure we believe that England and Wales would have a world class system for dealing with the highest risk victims of domestic abuse. We believe that over 100,000 victims would be supported through an IDVA and a MARAC and 40,000 victims a year would be kept safe as a result. We believe, however, that with such a network and based on the evidence gathered to date, the saving to the public purse would be in the order of £250 million. 8.3 In order to achieve a service of such a scale, it will be necessary to have clear targets included in the Local Area Agreements to ensure that the role of the IDVA is properly funded and maintained. We would recommend that these are linked to the development of IDVA services and the establishment of MARACs. Stretch targets could focus on the reduction in repeat victimisation achieved at MARAC. 8.4 We would also recommend that there is greater clarity on the commitment required from statutory agencies at MARAC. This could obviously be achieved by putting MARACs on a statutory footing. The key is that all agencies should understand that this is a priority which addresses the safety of victims, of their agency staV and will cut costs for all concerned. In particular, the key stakeholders from the health service are crucial in the information sharing and safety planning process and should be required to attend. 8.5 Work remains to be done in integrating the multi agency response and the MARAC into the wider issues of family based and so-called “honour” based violence and CAADA is working hard here with experts in the field to ensure that we meet this challenge as quickly as possible. It is clearly an absolutely critical area to address eVectively. This has implications for our training of IDVAs and MARACs. 8.6 Finally, we would suggest that the model of support that CAADA has created for IDVAs and MARACs is one for government to consider more widely. We do believe that the existence of CAADA has facilitated more eVective service delivery on the part of IDVAs around the country and served to leverage the capacity of both the voluntary and statutory agencies alike. With the Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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move to outsourcing of many services that were previously run by statutory agencies to the voluntary sector in future, it will be crucial to ensure that the voluntary sector has a structure which allows this to be a successful move. We would suggest that the model pursued in the domestic violence sector is one that should be considered more widely with this in mind. 1 October 2007

APPENDIX 8

Memorandum submitted by Families Need Fathers

1. Executive Summary In our submission we would draw attention to the evidence and research which has been produced on domestic violence, which sheds vital light on the safety of children through looking at the bigger picture. We emphasise the importance of gender neutrality, in all aspects, including cultural attitudes, provision of support services etc. bearing in mind the eVects which a lack of it can have on the welfare of children and their parents. Within this we address the terms of reference provided by the Home AVairs Committee.

2. The Nature of Families Need Fathers (FNF) and our Cause FNF is principally a service-providing charity, helping children who are prevented from seeing enough of a parent, by supporting that parent, unless there are reasons against this. We also lobby in the way that charities are permitted to do. Our aim is to end the assumption that following parental separation the children will only have one significant parent, and replace it by the best blend of both parents for the children. We believe in equality of responsibility and respect diversity. We are opposed to discrimination of any sort. The parenting arrangements for the children should depend on their needs, wishes, and the practicalities of each situation, and not the parents’ gender or any stereotype of any other group to which they may belong.

3. Our Concern about Domestic Violence We are fully supportive of the importance of focus upon domestic violence that is driven by human welfare, and especially child welfare, concerns. The use of violence between adults or by an adult on a child is repugnant and the law and other agencies should deal with it robustly. However, we are opposed to the abuse of arguments and “evidence” about domestic violence as a tool in gender politics, especially where this may lead to children not having a proper relationship with both their parents, as regularly occurs. A shortfall in concern about domestic violence and abuse exposes people to risk. An overshoot may prevent children having a proper relationship with loved and loving parents. Public policy needs to be proportionate, and individual decisions must be based on proper, full and fair examination of the evidence.

4. The Evidence on Domestic Violence The definition of Domestic Violence can vary widely, and could incorporate a broad range of behaviour, of diVering severity levels.21 The Women’s Aid classification, for instance, includes significantly milder negative behaviours which could be said to belittle the experiences of genuine victims, not to mention diverting limited resources from people in real need—female and male. Overall, the evidence is clear. Behaviour that is common, if unpleasant, is broadly gender neutral (the British Crime Survey 1996 found that “men appear to be at equal risk to women of domestic assault”).22 As behaviour becomes more harmful it also becomes less common, and proportionately more male on female.23 At no point, however, does it become wholly male on female. This evidence is regularly misrepresented, and a common form of argument is used. The definition of domestic violence or abuse is said to “include” appalling behaviour. The male on female predominance is asserted, and the contrary minority is discounted. Then this pattern is applied to statistics of behaviour that is more common. In this way a misleading impression is given of the incidence and nature of domestic violence or abuse.

21 “Any criminal oVence arising out of physical, sexual, psychological, emotional or financial abuse by one person against a current or former partner in a close relationship, or against a current or former family member,” as defined by the Crown Prosecution Service. 22 “Domestic Violence: Findings from a new British Crime Survey” Home OYce Research Study 191, p. 38 23 Scottish Crime Survey 2000, via Women’s Aid Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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The abundance of false allegations worsens this misrepresentation. In the florid emotions that accompany family division, dishonest statements can start to fly, especially if there are advantages to be gained— financial, emotional, control of housing, and above all “possession” of the children. Inevitably, some allegations, as well as some denials, will be false. This is often ignored. Focus upon public education and awareness-raising is vital for an issue of such gravity as Domestic Violence; this must be balanced and representative of the reality of gender neutrality. Members of this charity who claim to have been assaulted by their partner or ex partner, or who are the victims of what they claim are false allegations, lack confidence that they are treated in a non-discriminatory way. We support training for all relevant professionals, such as the police and staV in CAFCASS, in how to deal better with domestic violence. This must, however, be accompanied by anti-discrimination messages and recognition, in the training, of the fact that both men and women can be victims of both violence and of malicious accusations. This is not currently the case. An example of good practice is the recent campaign by Surrey Police exposing the “fiction” that only women suVer domestic abuse. This type of practice should be promoted more widely.

5. The Safety of Children FNF is fully supportive of attempts to prevent children from being direct and indirect victims of domestic violence and abuse. Both individual decisions and policy must be free of gender or other stereotypes. The leading evidence of the prevalence of child abuse is the research published in 2000 by the NSPCC24. In a sample which contained a higher than expected proportion of children whose parents had separated, the overwhelming majority had experienced abuse-free childhoods and were close or very close to both their parents. The pattern of “maltreatment” that had been inflicted on a significant minority did not conform to the stereotypes. Most types of abuse were broadly gender neutral (with the exception of sexual abuse, which was, however, rare and the perpetrator often not the father) and some were more often inflicted by mothers than fathers. The current concern about the safety of children on contact is based on prejudice, not evidence. The assertion made by Women’s Aid that the family courts should be more stringent in awarding contact to fathers because 29 children had been killed25 is highly selective. An examination by Lord Justice Wall reduced the number to three deaths in two incidents over a 10 year period26. The issue still, however, reverberates and is used to drive an argument that there needs to be more vigilance in making contact arrangements. In fact, pro-rata time spent on contact is safer than time spent in the charge of resident parents and their new partners. Using NSPCC figures, over this same period, some 800–1,000 children may have been killed overwhelmingly by parents or carers, and in “residential” rather than “contact” situations. Sometimes, parents who have lost control with drastic and tragic consequences to their children’s welfare, have done so due to the stress of having to deal with greater demands than they can cope with. This is recognised in institutional daycare or social work support. A common resource, however, which is often wasted, is the other parent. All proposals need to be checked for safety, but the involvement of non-resident natural parents to relieve the stress on the resident parents should be regarded as a potential safeguarding measure for, globally, they prevent more abuse than they inflict. Absolute safety is impossible to attain. Over-protectiveness is bad parenting. Decisions about the parenting of children in divided families should always be considered for their safety, but reasonable precautions need balancing against the proven benefits to children of the involvement of both their parents.

6. The Need for Decisions to be Fair and Evidence Based All allegations need to be taken seriously and investigated with the speed, thoroughness and even- handedness that their gravity requires. This requires proper evaluation of evidence and a measured, thoughtful, and evidence-based response. The protocols in private law for assessing whether children should have relationships with both their parents should be aligned with the best practice in public law. The use of false allegations to prevent a child from having a relationship with a loved and loving parent is child abuse, perjury and an attempt to pervert the course of justice, as well as domestic violence against the alleged perpetrator. It should be treated and sanctioned as such. In the absence of sanctions false allegations become a legitimate tactic in the dispute and broaden the scope for conflict. The significant lengths of time often involved whilst “fact-finding” hearings or CAFCASS reports are undertaken must be borne in mind, as this can be extremely harmful to the child who is denied contact with a parent who may be the victim of false allegations.

24 “Child Maltreatment in the UK: A Study of the Prevalence of Child Abuse and Neglect”, Cawson et al, NSPCC, 2000 25 “Twenty nine child homicides: Lessons still to be learnt on domestic violence and child protection”, Women’s Aid, 2004 26 A Report to the President of the Family Division on the publication by the Women’s Aid Federation of England entitled “Twenty-Nine Child Homicides: Lessons still to be learnt on Domestic Violence and Child Protection with particular reference to the five cases in which there was Judicial Involvement”, Lord Justice Wall, Feb 2006 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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The assumption that female allegations should be presumed true and male denials presumed false needs to be replaced by an examination of the evidence, free of gender stereotypes.

7. Domestic Violence and Child Contact

Children should be allowed to spend time with both their parents and their wider family unless this presents a risk to the child. If there is thought to be a risk to someone else, other means to protect him or her should be used. Decisions about the benefits to children of relationships with their parents should be based on an assessment of the future risks and benefits and only on what has happened in the past if that is relevant to the future. Children should be required to see a parent in a contact centre, or under supervision, only where there is evidence that otherwise there would be a risk to the child. The objective should be to assess that risk and this should be followed by normal and free contact unless there are clear indications otherwise. Furthermore, it is almost impossible for grandparents and extended family to be made party to a case. This is a Human Rights issue given that part of the Human Rights Act, to which the Family Courts must comply, Article 8: “the right to respect for private and family life”, is not being applied when only contact with non-resident parents is dealt with and not the extended family. We would argue that this is Domestic Abuse of the children by the family courts, on the very children that they are charged to protect.

8. Services to Victims of Domestic Violence and their Children

The “Gender Equality Duty” demands that services by public bodies should be provided without gender prejudice, discrimination or bias—it is discriminatory for services and support, including financial and refuge services, to be available only to some sections of the population, for example, to women alone. Government guidance on sentencing should include provision of anger management and counselling services, and such “perpetrator programmes” should be available to both men and women. Public money and charitable status should not be available to agencies which discriminate in their services by sex, race, disability, sexuality or other unacceptable grounds, or which promote negative stereotyping of a section of the population. Any gender stereotyping organization should be excluded from involvement in interagency services. In this line, the existence of discrimination in the provision of legal aid in cases of domestic violence allegations is unjust. Whilst emergency applications for ex-parte injunctions can be granted by legal aid solicitors automatically, defendants in these proceedings cannot get legal aid (unless it includes an Occupation Order) to cover representation. Of great importance is communication with men enabling male victims to acknowledge their experiences of legitimate abuse, particularly considering that female on male domestic violence tends to be more often emotional/psychological. Barriers to the acknowledgement of female on male abuse must be broken down. It is not discriminatory to provide separate services to women and men or, where appropriate, other groups for whom special services are needed to meet special needs, but they must be proportionate to need.

9. Conclusion

The system as a whole is deeply flawed. Many allegations result from the adversarial nature of the legal processes. These encourage parents to seek “possession” of the children, which can involve attacking the character, conduct, and parenting of the other in order to gain that possession. If shared parenting was considered to be the right of a child in cultural and legal terms, rather than a “defeat” for one parent seeking a dominant position in the life of a child, allegations would diminish. The issue of Domestic Violence should be treated with the utmost vigilance, legally, professionally, and culturally. Its consequences can be tragically destructive, and even fatal. Its wrongful interpretation and skewed presentation however, can also result in tragedy if inaccurate stereotypes are generated, leading to loving parents and their children being unjustifiably denied a loving relationship. 1 October 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 9

Memorandum submitted by Janet Bowstead

1. Executive Summary 1.1 Formal multi-agency approaches to domestic violence developed largely out of frontline services’ and survivors’ needs and experiences. 1.2 Multi-agency domestic violence forums have often achieved impressive work programmes on very limited resources, and have developed a range of measures of eVectiveness based on the specifics of the work. 1.3 Multi-agency domestic violence forums’ eVectiveness has often been limited by the lack of higher- level commitment to tackling strategic barriers, the lack of support for the coordination function and staYng, and the lack of consistent basic resources. 1.4 More recent developments of higher-level and statutory partnerships provide an opportunity for more eVective domestic violence approaches, particularly via CDRPs and Safeguarding Children Boards. 1.5 However, there are important current diYculties in many multi-agency approaches: — A skewed multi-agency agenda. — Losing contact with survivors’ lives. — Lack of clarity and openness. — Disrespect and inconsistency in the treatment of the voluntary and community sector. — Ignoring local knowledge and commitment. — Excessive focus on crime and disorder. 1.6 Recommendations are made to increase eVectiveness in all these areas.

2. Introduction I have over 20 years’ experience in policy, training and information, partnership working and service delivery on domestic violence; working in the statutory and voluntary sectors. From October 1994, until recently, I was the Domestic Violence Coordinator at Council in London, with strategic, service development, training and multi-agency responsibilities. I also advised and participated in regional and national networks such as the London Domestic Violence Coordinators’ Network and the Local Government Association Domestic Violence Advisors network. I supported and facilitated the Greenwich Multi Agency Domestic Violence Forum to improve coordination, communication and eVectiveness in work between agencies; and my submission particularly addresses multi-agency approaches to tackling and preventing domestic violence.

3. Background to Multi-agency Approaches 3.1 Multi-agency approaches to domestic violence developed out of frontline, especially voluntary sector, service providers’ awareness that the survivors they worked with needed to contact a range of agencies when they had experienced domestic violence, and were not well served when such agencies did not communicate or work well together. 3.2 Multi-agency approaches therefore started from survivors’ voices and survivors’ needs, and it is essential to meaningful eVectiveness that this focus is never lost. Many agencies have remained focused on the fundamental purpose of multi-agency working as increasing survivors’ safety and preventing domestic violence, but some of the recent developments in multi-agency working have made this more diYcult to achieve. 3.3 Greenwich’s Multi Agency Domestic Violence Forum (GMADVF), which was formed in 1991, widened and strengthened its membership, and developed Terms of Reference and annual work programmes, which were cited as good practice examples during the 1990s and since. The early establishment of a Domestic Violence Coordinator post in 1994 was an example of the commitment to investing resources in multi-agency working and coordination because of the recognised outcomes in terms of service delivery and safety.

4. Effectiveness of the Multi Agency Domestic Violence Forum The eVectiveness of the Multi Agency Domestic Violence Forum was considered at two levels: 4.1 The eVectiveness of agencies’ commitment to working together when there was no statutory requirement to do so. This was measured through the increased and wider membership of Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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GMADVF, the fact that agencies formally signed up to the Terms of Reference and shared definitions, aims and objectives, and the development of joint working towards initiatives such as multi-agency training, mental health work, work in schools, and producing a reference pack. 4.2 The eVectiveness of specific initiatives in increasing the safety of survivors, holding perpetrators accountable, raising public awareness or preventing domestic violence. For example; — there was an extensive consultation and development process through GMADVF towards a voluntary sector project for domestic violence perpetrators to ensure that safety was paramount; — public information leaflets in a range of languages were developed with women in the local community to ensure that the language was accessible and appropriate and services in each language were identified; and — a safe access campaign providing information on bus and car park tickets and in women’s toilets was developed with a group of women in the local refuge who chose the final design.

5. Barriers to Effectiveness Two key barriers to eVectiveness have been significant: 5.1 Lack of real management commitment to multi-agency working. EVectiveness has often been frustratingly limited by the diYculties of coordinating an unfunded Domestic Violence Forum, made up of oYcers whose first priority is their frontline service, and who are often unsupported by their managers in taking on any multi-agency work. The councils which have been most eVective in their multi-agency approaches and outcomes dedicate core funding to domestic violence coordination and multi-agency administration and functioning. In contrast, from 1996 Greenwich Council only funded a part-time Domestic Violence Coordinator post and no dedicated administration. 5.2 Lack of basic funding. It is often only possible to secure funding for short-term initiatives, without the security of a basic, funded multi-agency infrastructure to complete and evaluate such initiatives. Domestic violence by its nature is a long term and complex issue requiring some continuity of multi-agency approach onto which short-term work can build. For example, in Greenwich, each year the case had to be re-made and administration re-established to run the well-received multi-agency training courses. This is a highly wasteful and ineVectual way to run what should be accepted as a routine training provision.

6. Relationship to Higher-level and Statutory Partnerships 6.1 Whilst the Domestic Violence Forum was often a pioneer of partnership working, other higher-level and statutory partnerships have increasingly become concerned with tackling domestic violence. The two key such partnerships with which the Domestic Violence Forum sought eVective working relationships were around the issues of Child Protection (the ACPC and now the Greenwich Safeguarding Children Board) and Crime and Disorder (the CDRP and now the Safer Greenwich Partnership). 6.2 In theory, multi-agency approaches could have emerged which harnessed both the strengths of the Domestic Violence Forum, in terms of the extensive knowledge, skills and expertise of frontline and voluntary sector workers, and the strengths of the ACPC/GSCB and CDRP/SGP, in terms of greater strategic commitment and access to resources. Unfortunately this has not worked out eVectively in practice. 6.3 Recent years have seen far more rhetorical commitment to tackling and preventing domestic violence via a multi-agency approach, at the same time as the reality for many local multi-agency domestic violence forums has been one of undermining and exclusion from the new strategic agendas.

7. Current Difficulties in Multi-agency Approaches 7.1 A skewed multi-agency agenda The purpose of developing a multi-agency approach to domestic violence is to recognise and value the diverse range of agencies which have a role in responding to domestic violence, and provide an open and transparent mechanism by which shared agendas can be progressed and diVerent agendas be understood. If only some of the relevant agencies are invited to participate in the multi-agency approach, it will be skewed towards the concerns and priorities of those present, and limited in its knowledge. Even if all key voluntary and statutory agencies are invited, there are significant power diVerentials between them which need to be acknowledged and addressed. A Domestic Violence Coordinator can be vital in acting as an honest broker, building eVective working relationships. However, if multi-agency approaches merely reflect or exacerbate the power diVerentials then they do not facilitate meaningful or eVective joint working. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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7.2 Losing contact with survivors’ lives Strategic and statutory lead oYcers often do not connect with domestic violence survivors. As a Domestic Violence Coordinator I believed it was essential to the development of a multi-agency domestic violence strategy to build in eVective consultation with domestic violence survivors and feed back to them whether their priorities and concerns would be heard and addressed. However, this was clearly not a priority of the higher-level strategic leads on the domestic violence strategy in Greenwich, who did not value or communicate with the group of survivors on how their generosity in sharing their life experiences had influenced the strategy development process. 7.3 Lack of clarity and openness The recent greater focus on the need to tackle domestic violence has often been led by agencies whose previous commitment was small, and who now tend to behave as if no-one was doing anything before. Rather than building on past knowledge and strengths, there has been a pattern of setting up new strategic structures as if no previous structures existed, which is extremely frustrating and counterproductive. In Greenwich, a proposal for greater strategic commitment from higher level oYcers in statutory agencies was initially welcomed by the Domestic Violence Forum (GMADVF). However, the development process of this Domestic Violence Project Management Board included abolishing the Forum’s Steering Group before a new group had been established, not sharing any draft scoping papers or Terms of Reference with Forum members, and a total lack of openness as to proposed membership. The majority of GMADVF members were from the voluntary and community sector, however only one voluntary sector agency was invited onto the Project Management Board, and there was a lack of rationale as to why that agency had been chosen or how it should attempt to represent anyone else. Such secrecy and lack of accountability has been destructive of past multi-agency trust and confidence, and detrimental to the work. For the first time in over a decade, GMADVF had no annual work programme in 06-07, and neither did the newly-formed DVPMB. 7.4 Disrespect and inconsistency in the treatment of the voluntary and community sector Rather than an open dialogue on how best the skills and knowledge of the voluntary and community sector can contribute to steering and delivering the multi-agency agenda, new arrangements have often struggled to engage such agencies, yet failed to understand why. Voluntary sector agencies were generally active and committed to the Domestic Violence Forum, which was a vote of confidence that they felt it was worth their while. Such agencies have become sceptical about why some and not other agencies have been invited to attend new meetings, and have expressed frustration that they appear to be being used to add respectability to meetings, yet oVered no meaningful input. In the diYcult funding world of agencies competing for service commissioning this has added to tension between agencies and reduced their trust in multi-agency working. This has been a very disappointing and destructive consequence of statutory agencies playing voluntary sector agencies oV against each other, and displaying a lack of trust in community-based organisations. Multi-agency approaches need to be built on, and continue to build, trust and confidence between agencies, not least for the sake of the individuals who need to access a range of services. 7.5 Ignoring local knowledge and commitment Multi-agency approaches in the past were often grounded in the local knowledge of frontline statutory and voluntary sector workers, not least because no-one higher up in politics or statutory agencies was interested. Multi-agency work and initiatives grounded in such local knowledge tend to be more eVective, because they are meeting real needs and understand the real barriers. The more recent higher-level leadership of multi-agency approaches, powerful professionals often new to the issue, do not always value or understand such local knowledge, and are likely to bring in ideas or initiatives quickly from elsewhere rather than take the time to engage locally. In Greenwich a programme of multi-agency training had been run for over 10 years, delivered under quality standards by trainers who were also local workers, so that they could cover the detail of local procedures, agencies and referral routes. In contrast, in 06/07 no funding was provided to run such training, and the only courses run were delivered by an external trainer with no local agency knowledge. 7.6 Excessive focus on crime and disorder The pattern of control, threats and violence within a relationship—“domestic violence”—does not equate comfortably with an incident-based definition of a crime triggering a criminal justice response. Agencies which are primarily responsive, such as the Police, deal with incidents, but eVective multi-agency approaches need to be based on a much wider understanding of prevalence, of criminal and non-criminal incidents, and the context of gender inequality as a cause and consequence of violence against women. There has been a recent disturbing tendency to adopt the core definition of incidence as if it is appropriate to the total multi- agency approach. The easily-available crime figures of reports to the Police have also been adopted as if they encompass domestic violence; leading to a trend of only considering funding services if they can show that they will aVect crime figures. This shows a fundamentally mistaken conflation of the criminal justice system’s core business of responding to incidents, and the core business of a multi-agency approach which is to prevent, protect, educate, hold perpetrators accountable and support victims. The fact that basic service monitoring on domestic violence is still so poor in most agencies, apart from the Police, perpetuates these diYculties in measuring eVectiveness; but this is still no justification for using crime figures as if they were a proxy for other agencies’ or multi-agency eVectiveness. 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8. Recommendations to Increase Effectiveness 8.1 Multi-agency coordination is a key function which has to be resourced and respected as providing support, accountability and consistency to any policy or service initiatives. It is not enough simply to have a Domestic Violence Coordinator post if it is not appropriately located, supported and graded in terms of hierarchical authority and strategic input to planning and commissioning. The Domestic Violence Coordinator must have a specialist background in domestic violence issues and be committed to working eVectively with all relevant agencies; able to carry out a vital broker role between agencies of diVerent power and access to resources. 8.2 EVective and respectful consultation with domestic violence survivors must be incorporated in all multi-agency approaches to keep them grounded in the reality of services and needs. 8.3 There needs to be greater openness in multi-agency approaches, since they necessarily cut across traditional professional boundaries and methods. There needs to be recognition of all the positives of past approaches so as to build on the real successes, as well as acknowledging the problems and mistakes. 8.4 There needs to be increased capacity within the frontline and voluntary sector agencies to enable workers to participate eVectively in multi-agency working. Too often knowledgeable workers are eVectively excluded from strategic and multi-agency domestic violence work because they are presented with too-tight deadlines, overwhelming documentation or have to give higher priority to short-term and urgent frontline work. If the strategic and multi-agency work then progresses regardless of their involvement, it risks being mistaken and ineVective in its priorities because it has eVectively processed out crucial perspectives and knowledge. 8.5TobeeVective and sustainable, multi-agency approaches need to be grounded in local knowledge. EVectiveness of outcome needs to be tailored to the specifics of the local starting point and purpose of an initiative or service, not imagining that it can achieve unrealistic or unconnected outcomes. 8.6 Multi-agency approaches need to work to shared aims and definitions which go much wider and deeper than incidence/reported incidence of crime. Not everything worth doing can be measured in the crime figures; in fact the majority of domestic violence does not get reported to the criminal justice system, and an eVective response to much that does cannot be provided by criminal justice solutions. 1 October 2007

APPENDIX 10

Memorandum submitted by Dr M J George, FRSA

Executive Summary The prejudice and discrimination practiced by the Government and State against male victims of domestic violence is such that the former Skimmington punishment of such men is now incorporated into oYcial doctrine and policy so as to constitute an abuse of male victim’s Human Rights.

Brief Biography This submission is by Dr M J George, FRSA an academic who has published numerous research papers in academic journals concerning domestic violence since 1994. He also made submissions to the 1992 Home AVairs Select Committee, the 1995 Special Public Committee (HofL) enquiries into domestic violence and Home OYce, Cm 5847, 2003. He has been a frequent speaker at conferences and in press and media.

Introduction 1. Despite the submission of evidence of male victims of female perpetrated domestic violence to each of the three previous Parliamentary inquiries into domestic violence (1974 and 1992 Home AVairs Select Committee, 1996 Public Bills Committee of the House of Lords) and to the 2003 Safety and Justice consultation (Home OYce Cm 5847) their findings and recommendations have addressed the subject of violence and abuse between intimate partners as something that exists almost exclusively or only by males against females. Submissions on behalf of male victims were ignored. No specific witnesses have ever been called to give expert testimony on male victims and the considerations and recommendations and legislation such as the Violence, Crime and Victims Act, 2004 that have followed have assumed erroneously that, at very best, measures appropriate to female victims will suYce when applied in the alternative. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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History Revisited

2. In published academic evidence (1,2,3) it has been shown that a long standing historical prejudice and discrimination existed against male victims of female perpetrated domestic abuse which formerly expressed itself in public humiliations of male victims, known as Skimmington processions(3). Whilst these were lay phenomenon their existence over centuries clearly signalled oYcial sanction. Indeed oYcial backing of prejudice and discrimination against male victims was evident at the very highest levels of government and legal system as demonstrated by a former Lord Chancellor(2). 3. In the modern era such lay prejudice, discrimination and victimisation of male victims has ceased to be enacted publicly. However, it has been argued that the prejudice that gave rise to the Skimmington remains and is now practiced as a discrimination and abuse of Human Rights of victimised men within the policy and consideration of domestic violence by Government and State institutions such as the Law, Police, Social Services and Local Government agencies(2,3,4). 4. Hence it has been advanced that it is now within the formalised mechanisms of Parliament, the Law and the operation of the State that a modern form of the Skimmington exists to the detriment of men who have suVered violence and abuse from female partners, but who refuse to use violence and abuse against their female partners(2,3,4).

Prejudice and Discrimination

5. A number of sources all indicate that male victims experience prejudice and discrimination in the apparatus of the modern State(1,2). This is even evident from the material available from the House of Commons Select Committee. The Committee should take on board the strength of prejudice that has been found to exist against male victims, as opposed to the sympathetic response female victims receive. This is aptly illustrated by an academic study that asked people to respond to three scenarios; a victimised wife, a victimised male homosexual and a victimised husband(5). The victimised wife was more positively rated than either victimised males and the female perpetrator less negatively rated than either male perpetrators. Most significant was the fact that the heterosexual husband victim was rated much less favourably than the homosexual male victim. Given the well recognised virulent prejudice against male homosexuals the finding that the heterosexual male victim is the subject of an even greater prejudice puts the prejudice commented upon above into its full context. It is severe and extreme. It is little wonder given this finding that this severe prejudice finds expression as discrimination in Government and State policy towards male victims of domestic violence, both homosexual and particularly heterosexual victims.

The Power of Myth and the Myth of Power

6. In the construction of domestic violence as an issue of public concern it is easy to see, given the above, how women victims quickly became acknowledged and deserving of sympathy and support from the public, government and hence state(2,4). In fact concern for female victims since the 1970s was just a re-awakening of concerns that had been expressed in Victorian times when Parliament sought to provide protection to women by invoking harsher penalties against wife beaters(2,3). However, with a growing women’s movement willing to advocate for female victims the prejudices against male victims that found a focus in previous times in the Skimmington were to pervade such advocacy to the detriment of male victims whose existence and plight was either denied or trivialised. For instance the repeated use of the myth of the “rule of thumb” has been oft repeated by women’s advocates to seek to deny even the possibility of male victimisation(4).In reality evidence shows that over a long period of English history women victimised by male partners could use the law to seek protection and redress against them as is shown by Westminster Quarter Session records 1680–1720(4) as well as numerous other examples. The reality is that no such “rule of thumb” ever existed that allowed men to chastise wives lawfully, even though some through history have thought that it may have existed(4). So whilst the plight of women victims is now highlighted in society dark forces of prejudice work to deny and trivialise male victims and their plight by the use of “fictive” statements and “groupthink” propaganda(4) to reinforce the use of the Skimmington in oYcial practices associated with domestic violence. 7. The purpose of this propaganda is, however, the same as the message of the Skimmington—to reinforce the notion of men as head of the household and powerful. The Skimmington in its punishment of male victims was designed to tell all men, in furtherance of the ideas of “oikos” derived from ancient Athens, that they should not disclose the realities of their domestic situation so as to keep the notion that men were “head of the household” alive rather than the reality that men and women have lived with one another over history negotiating and agreeing the distribution of relationship power in the majority, although not all, of relationships(4). Thereby, in general, men have not been “head of the household” in anything but stereotypical conception(2,4) but they dare not declare it. In so doing the reality of their domestic situation in many cases as “altogether another story” has remained hidden. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Under Reporting Males,Under Recording Authorities 8. Key within the considerations of Parliamentary committees looking at domestic violence has been statistical sources which give measures of intimate victimisation. The sources that seem most used and relied upon are either criminal justice statistics or those derived from the British Crime Survey. It can be argued that it is exactly these statistical sources that under-estimate male victimisation, which is compromised by a general reluctance of males to report any kind of victimisation, let alone domestic abuse by a female. 9. For instance, it has been found in studies of male on male violence that even when serious injuries are sustained males are often reluctant to acknowledge they have sustained injury in an assault or are reluctant to report to Police or other agencies(6). This is also true in studies of intimate assaults whereby, for instance, in a study in Leicester Royal Infirmary less than 50% of male victims of domestic assaults were willing to identify the perpetrator(7). There is considerable evidence that where men suVer assaults by female partners a number of factors result in failure to report. Fear of ridicule, not seeing what their partner has done as a crime and accepting female violence as “just something to be put up with” are amongst a considerable number of rationalisations used by male victims which result in failure to report. 10. However, the statistical validity of such sources is also compromised by the failure of recording of instances of male victims by police and other agencies which may also be traced back to the generalised, yet severe, prejudice against male victims already explained. A yet more insidious distortion of such oYcial statistics is that male victims often complain and some studies have found that female perpetrators often use threats to make complaints to the Police as part of their abuse of male victims. This was found in a survey undertaken for Channel 4 Dispatches programme in 1999 (for details see http://www.dewar4research.org) where female perpetrators were more likely to phone Police than has been found for female victims and did so more frequently. Hence a distortion of the figures can occur whereby a female is mistakenly ascribed as being a victim, whilst a male victim is mistakenly ascribed as a perpetrator. Consequentially these male victims were very critical of the police. An Australian study has examined cases in which males claimed to have been victimised, whilst their female partner claimed to have used violence in self-defence(8). By taking the testimony of the women’s children and their own mothers it was established that in almost all the cases studied the woman was the real perpetrator and the vast majority of women admitted this when confronted by the evidence of their own children and mothers. However, in many cases the authorities, such as Police and Family or Criminal Courts, had believed women’s initial claims and had acted against the men in some way. Hence a particularly disturbing aspect of the exercise of the prejudice and discrimination against male victims is the latitude it allows violent abusive women to manipulate agencies such as the Police and Courts to further victimise and abuse their male partners.

Violent Females and Injured Males 11. Amongst the problems of identifying male victims is the lack of the ability of even highly trained professionals, like psychiatrists, to be able to recognise violent females. In studies undertaken on the assessment of dangerousness (ie propensity to commit violence) by psychiatrists it has been found whilst they assess dangerousness in males at much better than chance levels, they assess dangerousness in females at less than chance levels(9). In other words even highly qualified medical professionals would be better oV using a blindfold and a pin to assess which females are potentially violent according to this research. This state of aVairs results from an obsession within the field of criminality and violence research on male violence such that the characteristics of the violent male are well established, yet almost un-researched in the case of violent females(10). Given this it is no wonder that Police OYcers, for instance, often get it wrong when attending domestic incidents where the victim is male. 12. Much research on domestic abuse has established that many male perpetrators have personality disorders. However, personality disorders are the one psychiatric diagnosis most biased along gender lines whereby males are more likely to be seen as anti-social and hence culpable, but females hysterical and thus victims, even when the actions of both are equally anti-social(11). Research has identified that female perpetrators of domestic assaults often show the same characteristics of personality disorder established as a feature of male perpetrators(12). 13. Despite such evidence the general perception is that, as males are on average bigger and stronger than females, assaults by females on males are unlikely or not serious or injurious when they occur. This presumption that size and strength inhibit women’s assaults on men is belied by research conducted by this author that showed women were two times more likely to assault a man, rather than another women, across all categories of relationship from stranger to intimate(13). For serious assaults this imbalance rose to 4:1. Women prefer to assault men as many men feel they cannot respond likewise and women use this male chivalry to their advantage to make assaults with impunity. 14. To overcome size and strength diVerences assaultative women often use weapons when assaulting male partners. For instance burns units see men who have had boiling liquids thrown over them by female partners(14) and a vast array of weapons are described as being used by male victims, including the proverbial rolling pin, but more worryingly often sharp, pointed or heavy objects(1,2). In several studies of admissions of victims to emergency departments it is the male victims who are described as having suVered the most Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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serious injuries and are more likely to have lost consciousness (1,2). Moreover male victims also report the same kind of severe emotional and psychological trauma as female victims at being victimised, whether injured or not(15). 15. It is an irony of the hidden plight and enforced invisibility of male victims that their existence and prevalence is given credence and unimpeachable testimony by assaultative women. In academic surveys which seek to investigate what assault adult intimates have either suVered or perpetrated upon one another it is women who report prevalently that they have assaulted male partners (see http://www.csulb.edu/ xmfiebert/assault.htm) and more prevalently than women, themselves, say they have been assaulted by male partners. An interesting testament to this disclosure of the situation of male victims by women is contained with a government study; Home OYce Research Study 191(16). Seeking to check the influence of partners being present when respondents answered the survey the Home OYce researchers found that in the case of male respondents the presence of a female partner increased male victimisation prevalence. Quite simply some males declined to identify they had been assaulted by their female partner, but when present their female partner corrected them and reminded them she had assaulted them (6 at page 98).

Concluding Remarks 16. This submission presents evidence to the Committee to highlight the fact that without the committee being able to overcome the present prejudiced and biased “groupthink” surrounding domestic violence, that keeps male victimisation hidden and unaddressed, it will not have any credibility in its deliberations nor change policy and practice so that the Human Rights of male victims do not continue to be violated so completely and assiduously. The Committee needs to act to inform the institutions of State such as the Police and Courts that no longer can the lines of a poem on the plight of battered husbands “No concerned jury damage for him finds Nor partial justice her behaviour binds” written by the writer Marvell, a contemporary of Shakespeare, be allowed to hold sway such that the bias towards females and against males in domestic violence policy and practice(17) is changed to one of equality and justice which is manifest and real.

References (1) George, M J (1994). Riding the donkey backwards: Men as the unacceptable victims of marital violence. Journal of Men’s Studies, 3, 137–159. (2) George, M J (2003). Invisible touch. Agression and Violent Behaviour. 8, 23–60. (3) George, M J (2002). Skimmington revisted. Journal of Men’s Studies, 10, 111–127. (4) George, M J (2007). The Great Taboo and the role of patriarchy in husband and wife abuse. International Journal of Men’s Health, 6, 7–22. (5) Harris, R J & Cook, C A (1994). Attributions about spouse abuse: It matters who batterers and victims are. Sex Riles, 30, 553–565. (6) Shepherd J (1990). Violent crim in Bristol: an accident and emergency department perspective. British Journal of Criminology 30, 289–305. (7) Smith, S, Baker D, Ducan A, Bodiwala, G (1992). Adult domestic violence. Health Trends 24, 97–99. (8) Sarantakos, S (2004). Deconstructing self-defence in wife-to-husband violence. Journal of Men’s Studies, 12, 277–296. (9) Lidz, C, Mulvey, E & Gardner, W (1993). The accuracy of prediction of violence to others. Journal of the American Medical Association, 269, 1007–1011. (10) Ogilvie, E (1996). Masculine obsessions: an examination of criminology, criminality and gender. The Australian and New Zealand Journal of Criminology, 29, 205–226. (11) Ford, M R, Widigier, T A (1989). Sex bias in the diagnosis of histrionic and antisocial personality disorder. Journal of Consulting and Clinical Psychology 57, 301–305. (12) Bates, F (1981). A plea for the battered husband. Family Law 11, 92–94; Simmons, C, Lehmann, P, Cobb, N & Fowler, C (2005). Personality profiles of women and men arrested for domestic violence: An analysis of similarities and diVerences. Journal of OVender Rehabilitation, 41, 63–81. (13) George, M J (1999). A victimization survey of femal perpetrated assaults in the United Kingdom. Aggressive behaviour, 25, 67–79. (14) Duminy,FJ&Hudson, D A (1993). Assaults inflicted by hot water. Burns 119, 426–428. (15) Hines, D A & Malley-Morrison, K (2001). Psychological eVects of partner abuse against men: A neglected research area. Psychology of Men and Masculinity, 2, 75–85. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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(16) Mirrlees-Black, Catriona Domestic Violence: Findingd from a new British Crime Survey self- completion questionnaire. Home OYce 1999. (17) Brown, G (2004). Gender as a factor in the response of the law-enforcement system to violence against partners. Sexuality and Culture, 8, 3–139. 1 October 2007

APPENDIX 11

Memorandum submitted by The Mankind Initiative

A. Background 1. This submission covers the fourth area under consideration by the Committee—Support for Victims, including finance and refuge services. 2. It focuses on the lack of support by government and local authorities for male victims of domestic violence, who according to the British Crime Survey in the past six years, are victims of 24% of domestic violence incidents (see para 24). Home OYce research also states that one in six1 men will be victims of domestic violence during their lifetime. 3. This submission is from The Mankind Initiative, a small Taunton-based charity who provide a nation- wide helpline for male victims of domestic violence. They are one of only three organisations in the UK that provide such specialist support. 4. It is the Mankind Initiative’s view that whilst statistics are available from the government itself, the government and local authorities do not recognise the male victims when it comes to financial and pro-active support and help. This leaves men with few support mechanisms. This is likely to be in breach of the Gender Equality Duty which came into force in April 2007 and a breach of the Human Rights Act (Article 5 : security of person and Article 14 : discrimination). 5. The Mankind Initiative would like to make it clear that it recognises domestic violence as a social issue with both female and male victims.

B. Executive Summary 6. According to the British Crime Survey, 24% of incidents of domestic violence (see para 24) over the past six years have been perpetrated against a man. The Home OYce have also published evidence that one in six1 men will become a victim in their lifetime. 7. There are only three charities that oVer specialist support for male victims and these are very small and find it diYcult to attract funding. 8. There are over 470 refuges available to women but there are no dedicated refuges for heterosexual men and only one for homosexual men. There are only approximately twelve rooms available for heterosexual men nationwide in the 470 refuges and these are only available when there are no female occupants. These places are dependent on the goodwill of those who run the refuges. 9. The Home OYce provide local authorities with £60 million per year in financial support under the Supporting People initiative for Women at Risk of Domestic Violence. This funding does not support men and local authorities cannot bid for money from this fund to support men at risk of domestic violence. 10. As part of the Best Value regime, local authorities are measured through Best Value performance indicator 225 (definition of places (2) and sanctuary schemes (7)) on their provision of refuges and sanctuary schemes for domestic violence victims. However, this indicator only measures support for women and children. There is no measure for supporting male victims. Again, this means there is no institutional recognition or pressure put on local authorities to provide specialist support for male victims. 11. Under the Gender Equality Duty, local authorities and government have a duty to collect information and then make sure that services meet the needs of all genders. As well as the British Crime Survey, many local police authorities provide figures for male and female domestic violence victims. However, local authorities do not act upon the statistics as they do not supply specialist support services and provide signposting for male victims. If police figures are not available, many local authorities do not attempt to find out the number of male victims within their community. 12. In paragraphs 9, 10 and 11 above, the ManKind Initiative believes that there is a case that many local authorities and the government are in breach of the Gender Equality Duty and Human Rights Act (Article 5 : security of person and Article 14 : discrimination). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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13. The ManKind Initiative believes that: (a) Government and local authorities have a duty to oVer specialist support including refuge spaces and sanctuary provisions for male victims of domestic victims. (b) Government and other state agencies such as local authorities, the police and the NHS must publicly recognise that there are male victims of domestic violence. They must provide support, information, publicity and funding to support male victims. Anecdotally, some men find the authorities (police, GP’s) do not believe that a man can be a victim and are met with a response based on incredulity.

14. Men are the forgotten victims of domestic violence with few places to turn to for specialist support. This has to be rectified.

C. The ManKind Initiative

15. The ManKind Initiative is a charity that manages a help-line that supporting male victims. Based in Taunton, the charity is supported through donations from individuals, trusts and private sector donations. EVectively it works on a shoestring, and the helpline may close in early 2008 because of the lack of funding. The charity is one of only three small charities who provide such support. Male Advice Line and Mens Aid are the others. It also provides training to the police and local government and only receives formal local authority support through Taunton Council, which provides an oYce for the charity at a subsidised rental.

16. The help-line is manned by trained staV, but due to funding problems, it has limited opening hours.

17. The calls the charity receives, consist mainly from victims, or members of their family. Often a family will ring because the male victim feels ashamed that they are victims (it is not socially acceptable for many men to admit they are victims) or they do not want to admit to it, or both.

18. Some telephone calls are referrals from local authorities, housing agencies or the police.

19. From 1 January 2007 to 10th September, the help-line has received 235 calls. For the months of June, July and August, the numbers of calls were 109.

20. The breakdown of calls below are from 1 January 2007 to 10 September:

Table 1

CALLS TO THE MANKIND INITIATIVE’S OFFICE

Victims 186 Friends of Victims 10 Fathers of Victims 2 Mothers of Victims 10 Other Family Members 9 Referrals from Housing Agencies 16 Referrals from Police 2

21. The charity tries to refer victims to refuges, when appropriate. However, because of the very limited number of places available, suitable placements cannot often be found. Of the referrals that the charity has made since 1 January 2007, refuges accepted the placement on only 11 occasions, on six occasions the referral was refused and on four occasions no place was found.

22. As testimony, the transcript below sets out the experience one of the female support workers who man the helpline: What happens when someone calls the helpline Some callers do not know where to start and some are so relieved to eventually talk to someone. Using our survey sheet can sometimes be of assistance, if the person agrees to it being used, as it directs their thoughts to following a chronological order of events and can also start to give the person confidence to confide. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Sometimes the caller is very distressed and you have to wait for them to calm down, but also give them that permission, that they seem to need, to cry and then to reassure them that that it is not a sign of weakness and is perfectly understandable and acceptable. Some you have to coax and some want to get everything out in two minutes flat. Once you are able to take control of the situation, then you can then do your best to help. What it is like working on the helpline It can be a rollercoaster of emotions although you cannot become involved emotionally. One can feel anger at certain injustices and one can feel a great deal of frustration at the fact you can make no diVerence since you know that no matter what you say the person is not going to do anything about his situation because “he still loves his abuser”. The other frustration is not knowing if you have made a diVerence, although some ring back to say they have followed some of the options given and their life has changed for the better. Refuges and Places Available There are six known refuges that have given up spaces for men, one of these is in London and is solely for gay men. Of the other five, the one in takes local people as a priority. That usually leaves only four to choose from each oVering one—three spaces, although the West Midlands have recently informed me that they may be able to give up to five spaces now if they are not being filled by female victims of domestic violence. The other refuges are another in Somerset, one in Dorset and one in Powys.

D. Government Statistics:Male Victims of Domestic Violence 23. The Home OYce definition of a domestic violence incident is: Any incident or threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or are family members, regardless of gender or sexuality. 24. British Crime Survey statistics (2001–07) show that 24% of all incidents of domestic violence are perpetrated against men and that 40%, one in six men and one in four women1 will be victims in their lifetime.

Table 2

BRITISH CRIME SURVEY

Thousands Year Total Male Victims Female Victims % of Men 2001–02 621 117 511 19 2002–03 501 135 366 27 2003–04 446 150 298 34 2004–05 401 92 308 23 2005–06 357 72 285 20 2006–07 407 94 313 23 Total 27,332,733 660 2,081 24.33 All figures subject to BCS roundings 25. Whilst it is acknowledged that there are more female victims, the fact that 24% of incidents are against men shows that domestic violence is not a gender specific crime, it is a wider social problem.

E. Institutionalised Bias 26. What concerns the charity is the fact that one part of government (the Home OYce) publishes these British Crime Survey figures, but other parts of the government and the wider agencies of the state, then ignore them or fail to act on them. This is because they do not provide specialist support for men, only for women. There is a clear disconnect and therefore a lack of joined-up government. 27. A good example is that in North Yorkshire, the police2 reported that from April 2006 to January 2007, 21% of reports to them of domestic violence were from men as victims. However, The ManKind Initiative understands that despite the significant prevalence of male victims in the county, there are no specialist services for male victims and no places at refuges in the North Yorkshire area. So where are these male victims in North Yorkshire expected to turn to for help? 28. One male victim stated he had tried to seek support for three months in his local authority area. No agency, police, solicitors, local authority or any other agency could oVer or had any resources for support. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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29. This lack of support for men suggests a bias against male victims, amounting to an institutionalised discrimination. 30. Further evidence for this statement is as follows: (a) Firstly, the government through the Supporting Initiatives budget oVer c£60 million per year. In 2005–06, £59 million was allocated to local authorities through the Supporting People initiative to provide services for people suVering from domestic violence. However, this money is only for Women at Risk of Domestic Violence. This money is not available to help male victims. Local authorities have to fund any provision for male victims themselves and the majority therefore do not. (b) There is no pressure on local authorities to provide support. The government measures the ability of local authorities to provide refuges and sanctuary schemes for domestic violence victims (Performance Indicator BV 225—definition of places (2) and sanctuary schemes (7)). Again, this is only for women and children. There is no measure for supporting male victims. The Audit Commission has been challenged over this but claims their hands are tied. They can only measure what they have been asked to measure. 31. The lack of recognition for male victims throughout the state system means that local authorities, the police and others do not have specialists who are trained or educated to identify and support male victims. Training for those who specialise on helping victims of domestic violence should also include recognition and training to identify and support male victims. 32. The government only ever make announcements on female victims. The ManKind Initiative is not aware that the government has ever campaigned to help male victims. There is a need for a re-education process to take place and the government has the authority to take the lead. So far, it has not. This is despite the government’s own figures showing 24% of incidents are perpetrated against men. To help men, announcements and publicity supporting the fact that men are also victims of domestic violence would help in a number of ways: (i) Firstly, it would give confidence for male victims to come forward, so they do not feel as though they are alone and also the fact that their problems are recognised. It would help to de-stigmatise the issue for male victims. (ii) Secondly, it would place pressure on the authorities (councils and the police) to take action, to recognise the problem and help to support men. (iii) When writing stories on domestic violence the media generally only ever concentrate on female victims. Again, this leaves male victims feeling alone. If the government properly addressed this issue, this would put pressure on the media when they are reporting on domestic violence to include men in their reporting.

E. Conclusion

33. The Mankind Initiative considers the government has a duty to take the lead on highlighting and providing support for male victims of domestic violence. 34. Currently, the government oVers little support to male victims concentrating all its support on female victims through publicity, the Supporting People grant system and through the Best Value indicator. 35. This is institutionalised discrimination, when the government itself produces statistics through the British Crime Survey that shows 24% of incidents are perpetrated against men and that one in six men1 will be a victim of domestic violence in their lifetime. The government needs to review this especially because of the Gender Equality Duty and Human Rights Act making sure that it and state agencies provide adequate support to male victims.

References 1 Walby, S and Allen, J (2004). Domestic Violence, sexual assault and stalking : Findings from the British Crime Survey. Home OYce Research Study No. 276. London : Home OYce. 2 www.thisisyork.co.uk/display.var.1251857.0.fifth of all domestic violence victims are men.php 1 October 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 12

Memorandum submitted by Newham Asian Women’s Project

Executive Summary Newham Asian Women’s Project is a specialist domestic violence agency operating mainly in the London borough of Newham. The key points in our response to the Home oYce inquiry into the Domestic Violence, Crime and Victims Act 2004 are: — The local Domestic Violence strategies have not considered the immediate needs of vulnerable women within their commissioning frameworks, and have focused almost entirely on introducing provisions under the criminal justice system. NAWP argues that, without adequate support services and specialist provision for boroughs like Newham, a longer-term impact on the struggle to eradicate of violence against women cannot be achieved. This view is consistent with the Violence Against Women framework for holistic specialist provision to women. — Domestic violence work within the Local Area Framework is very narrowly defined, and multi- agency work is undermined in the long term. — After an initial three-year period, there will be an increase in the needs of vulnerable women and under-reporting of domestic violence will continue, especially from the BAMER sector. — Specialist provision at the borough level will begin to erode for as long as the local authority continues to deny the need for adequate funding for this sector. — Public education and awareness-raising work, which is currently under-funded, will not be adequately addressed either in policy or strategy, and gaps will remain in core funding for this work. — The MARACs system is costly and redundant, and with the absence of funding for direct provision, early intervention and prevention, and specialist services, cases will progress to the high- risk stage and create a backlog within the system. — The IDVAs and specialist courts will assume the responsibility for specialist provision, but this will not mean that BAMER women approach these mechanisms for support and assistance.

1. About Newham Asian Women’s Project 1.2 Newham Asian Women’s Project was established in 1987 to provide holistic services to women fleeing gender-based violence. The project works towards the eradication of violence against women by providing direct support to survivors, and by influencing government policy, strategy and legislation to promote an integrated approach to ending violence against women. In terms of the implementation of the Domestic Violence, Crime and Victims Act 2004, NAWP participates as a leading, specialist agency in the Greater London Domestic Violence Forum, the Newham Domestic Violence Forum and the Newham Domestic Violence Strategy Sub-Group. NAWP has raised concerns about specific actions required for the implementation of the Act, and about the overall direction of domestic violence services. In summary, NAWP is of the opinion that the local strategy has very little scope for including essential sustainable, holistic and specialist domestic violence services for vulnerable Black, Asian Minority Ethnic, Refugee Women (BAMER). The local strategy is a reflection of national strategic aims, which have been shaped and influenced by the Domestic Violence National Delivery Plan. With regard to latter, although local strategies are required to address local needs and the demand for domestic violence services, in reality it is the national plan outcomes that influence local spending. While we welcome the strengthening of provisions under the criminal justice system leading to sentencing and other legal remedies, we are concerned that perpetrator-led criminal justice provisions are replacing sustainable support provision for women, and that, overall, there is a failure to protect specialist services. NAWP’s response is to reflect upon the gaps that currently exist in the development of holistic, specialist approaches to domestic violence, both locally and nationally, and consider the longer-term impact of the 2004 Act.

2. Multi-Agency Approaches and Barriers to Effective Operation 2.1 NAWP has reviewed the position of multi-agency working in Newham from two perspectives. (1) How can we characterize the multi-agency approaches at present? (2) How does available funding shape multi-agency working? The domestic violence indicator framework defines the nature of multi-agency working, and is articulated in the London Borough of Newham Local Area Agreement (LAA) framework, which establishes the funding level of agencies under a steady state contract for a minimum three-year period. In short, it is has been made clear by the Domestic Violence Forum that the services that deliver on the following outputs—increased rates of reporting of domestic violence to the police, of third-party reporting, of domestic violence incidents resulting in sanctions/detections and of sanctions/detections Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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connected to sentencing—will be considered for funding under the domestic violence strand of the LAA. This has a number of implications for the further development and sustainability of specialist domestic violence services: — There is no output linked to the work of the specialist sector, and therefore no funding has been set aside for specialist services. — The partnership approach is also tied to the DV LAA framework, and therefore implies a radical departure from the way services are currently delivered. — The DV work under the LAA framework is very narrowly defined and myopic, and so the longer- term impact of early intervention and prevention work and the range of holistic specialist and support services will not be ‘picked up’ by the LAA framework for funding. 2.2 Domestic violence services will be adversely aVected for the next three years: — There will be an increase in the support needs of vulnerable women who do not access mainstream services, creating an even bigger gap in provision to South Asian women in particular, and BAMER women in general. — Under-reporting of domestic violence will continue, as women will be less inclined to approach services which do not address their support needs. 2.3 It must be remembered that women approach domestic violence services to gain support for themselves and their children, and to ensure that they have access to safe emergency accommodation until they are able, and empowered, to move on to permanent accommodation. 2.4 The barriers to eVective operation are: — The fact that local authority business plans will be unable to detect the need for holistic specialist services for at least a three-year period. — The inadequacy of local authority response, which has suggested that domestic violence agencies who wish to continue with their remit for specialist provision, seek funding from sources outside the local authority framework to commission services. — The nature of the domestic violence strategy that is being shaped under the Act, which means that major domestic violence work that has continued in the borough for more than twenty years is not funded. 2.5 To reiterate NAWP’s position: a strategic approach to ending violence against women includes eVective service planning; an integrated approach to prevention; eVective protection; access to, and provision of, support and rehabilitation; eVective prosecution; and adequate resources. The local authority response in general, and the impact that it has on multi-agency working in particular, has been focused on eVective prosecution. The response does not recognise that, for eVective working, all aspects of the fight to end violence against women must be developed and securely funded.

3. Public Education and Awareness-Raising NAWP’s evidence shows that it reaches nearly 150 young women per year through its early intervention and prevention work in schools with young women, provides training and capability-building work to approximately 131 professionals and frontline providers in specialist domestic violence services and appropriate responses, and has a solid, multi-agency approach to receiving referrals from social services and from the health and education sectors. 3.2 There are three interrelated points that must be made regarding public education/awareness-raising work regarding funding, strategy and other indicators: — There is no long-term funding strategy for such work. Most funding contracts are for a minimum of one year, with no guarantee that work will continue. Awareness-raising, education and prevention work takes time to develop, and requires a minimum of three years’ work with people to identify longer-term, sustainable results. — The strategy for education and awareness-raising is not comprehensive, and does not reflect the need for awareness raising and education on specialist issues. Without a strategic framework, there is no alignment with funding. — There is no output for this kind of work, and therefore a LAA framework will either address it minimally or not at all.

4. Criminal and Civil Justice Processes 4.1 In this section, three interrelated processes will be discussed. (1) The Specialist Domestic Violence Courts (2) The Independent Domestic Violence Advocate (IDVA) (3) The Multi Agency Risk Assessment Conference. It is NAWP’s position that these are the three main vehicles through which the Domestic Violence, Crime and Victims Act 2004 has been implemented, and priority action and funding have been subsumed within these three initiatives, with a subsequent de-emphasis on specialist and holistic provision. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4.2 What possible scope is there for eVective early intervention and prevention work through the MARACs? Once a high-risk case arrives at the MARACs, various needs are identified, including alcohol and drug abuse, repeat domestic violence by the same partner and by diVerent partners, and mental health problems. Does MARACs indicate failure in provision along the way? Does MARACs suggest the need for co-ordinated action? Is MARACs the most appropriate pathway for high-risk cases? The history of MARACs clearly shows that the cases brought before it have had a long history of intervention and provision, including prior multi-agency working and a full range of pathways. MARACs has not been eVective in responding to these problems or oVering solutions to them. In reviewing cases that remain middle and low risk, and so do not reach a “MARACs stage”, it is most evident that early intervention and prevention, and director-support work provided by specialist agencies, have been highly eVective, and these comprise the majority of cases in the borough. 4.3 The existing nature of specialist provision highlights the fact that there are many success factors achieved on a value-for-money basis, and that MARACs involves not only an escalation of a few select cases, but an inadequate response to gaps in joint-working which could be addressed through other cost- eVective means, including sustainable support provision. “Escalation to high risk”—a variable used to measure the success of response—is in itself an indication of ineVective working. Almost all MARACs cases have involved escalation to high risk wherever holistic provision was absent or marginalised within the client pathway. 4.4 The important point is that, although the majority of the work takes place outside MARACs, the special emphasis on ensuring that each authority has a MARACs means that resources are disproportionately allocated to the system. Approximately eight cases are presented to the MARACs each month. There are usually four representatives from the top domestic violence agencies present around the table, who observe and participate in these cases. More than 12 representatives from the statutory sector are required to present evidence. The involvement of more than 15 people, all of whom have some authority to make decisions within their respective organisations, in reviewing a total of eight cases that have been classified as high risk, clearly demonstrates the resource imbalance. The MARACs runs for a minimum of four hours each month, with some MARACs stretching to six hours. The cost, while it cannot be quantified here, is disproportionately high, and not an indicator of value for money, especially where there are more cost-eVective methods available for handling high risk cases. If this situation continues, then it is possible that, in future, funding for the specialist domestic-violence sector could disappear in favour of a MARACs system, causing the number of cases which are currently low to medium risk to increase to high risk, and creating a highly expensive system which cannot be supported through holistic provision, because this provision has disappeared due to under-funding. 4.5 There are also major concerns about the IDVAs. In Newham there are four leading domestic violence agencies, but funding for them has been allocated to only one non-specialist organisation. In eVect, the three specialist agencies have been “shut out”, both of the specialist courts and of the IDVA system. The knowledge, experience and skills-base of the specialist agencies have not been utilised in any cogent manner, and this has resulted in early implementation diYculties for the IDVAs; consequently, gaps are appearing in their own capabilities. It would have been much more eVective to spread the IDVAs across agencies, thus ensuring better representation and the utilisation of existing skills—a missed opportunity for strategic joint- working which has had a negative impact on the way that Newham domestic violence work is being developed and delivered. There is concern that the IDVAs and specialist courts, because they will function together with the Family Justice Centres, will eventually replace the outreach work done by women’s organisations in the borough. Not only have holistic specialist services been told that funding in the borough is not available for domestic violence work of the kind done by NAWP, but under the new criminal and civil remedies, vital outreach work done by women’s organisations to women is being replaced by the ‘one-stop shops’: the courts, family centres and ill-qualified IDVAs.

5. Conclusion:Towards an Effective Criminal Justice Response27 5.1 In general, national and local strategy is focused almost exclusively on the criminal and civil legal system, or on other state-mandated responses such as child protection. Services or specialist support structures outside this realm are usually secondary in nature, because there is no genuine commitment to funding. In our experience, this means that a criminal justice response has replaced the idea that violence and abuse of women is linked more broadly to gender inequality. As one of our experts recently commented: I think we are way over-focused on criminality-legality as a solution. That’s where all the money is going, that’s where the resources and partnerships are going—there needs to be a reality check, to address the need for stand-alone specialist services for BAMER women to be strengthened and expanded.

27 Newham Asian Women’s Project made a comprehensive submission to the Family Law Act in response to the consultation on the Forced Marriage Civil Protection Bill Amendments in March 2007. In this response, NAWP discussed its views on police powers and legal protection for victims. In addition, the response addressed support for victims, provision of refuge services and the issue of the lack of recourse to public funds. The consultation paper can be provided to this Committee on request. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Another contributor to this submission noted: DVCV Act 2004 has not translated into greater access to justice for BAMER women. 5.2 The law is a powerful regulatory force for controlling people’s behaviour. In the VAW movement, a decision was taken to use the law to control the behaviour of abusers, as well as to establish a societal norm that violence against women was no longer acceptable. That this return to the law has required many a subsequent return visit, and has resulted in many unintended consequences, would not surprise those of us who work to provide greater access to better support and justice for BAMER women. 5.3 Although the state has been successful in developing the discourse on violence against women, challenges remain. For example, the development of the specialist courts has failed in its eVorts to achieve its basic mandate; for any criminal justice initiative to be successful, it must be accompanied by a suYcient social justice component. Analysis of BAMER women’s help-seeking methods shows that: (1) the barriers they encounter are substantial, and the supports and resources are appallingly limited; (2) gaining access to help-seeking is often long delayed, due to poor availability of resources. Furthermore, our findings about the quality of services provided for these women show that the availability of a comprehensive, multi- systemic service model, which is specialist-based and composed of direct services, refuges and community outreach, is being eroded by the decommissioning process. Until sustainable investment in the specialist sector is put in place, the level of success compared to the criminal justice system will not be fully understood. Without this investment, we run the risk of not contributing to the fight to end violence against BAMER women to the best of our ability, because attention will have been inadvertently drawn away from initiatives that focus on prevention, protection, the needs of the victim, and the elimination of gender-based violence. 1 October 2007

APPENDIX 13

Memorandum submitted by End Violence Against Women End Violence Against Women (EVAW) is an unprecedented coalition representing 7 million individuals and organisations across the UK including the Women’s National Commission, Amnesty International, Rape Crisis, Women’s Aid, Fawcett, the Women’s Institute and the TUC. We are calling for the Government and public bodies to take a more strategic approach to addressing all forms of violence against women. Indeed, as a signatory to the UK Beijing Platform for Action, the UK is required to take “integrated measures to prevent and eliminate violence against women.” 1. We welcome the Committee’s inquiry into the eVectiveness of Government action on domestic violence (encompassing forced marriage and “honour” killings), however we submit that the inquiry should be broadened to inquire into the eVectiveness of Government action on all forms of violence against women. In addition to domestic violence, forced marriage and “honour” killings, this includes rape and sexual violence, female genital mutilation, sexual harassment, other “honour” crimes, forced prostitution, traYcking for sexual exploitation, sexual harassment and stalking. The following statistics give an indication of the scale of the problem; — Almost half of women in England and Wales experience domestic violence, sexual assault or stalking in their lifetime28. — Up to 85% of rapes are never reported to the police and the conviction rate for reported cases of rape is less than 6%29. — It is estimated that around 7000 girls in the UK are at risk of female genital mutilation30. — One third of respondents to a survey for Amnesty International said that a woman is at least partially responsible for rape if she had been drinking, or because of what she was wearing. — An ICM poll for EVAW found that 40% of 16–20 year olds know girls who have been coerced/ pressurised to have sex by a boyfriend. 2. The consequence of focusing on specific forms of violence is that the commonalities and connections between all forms of violence against women are lost such as; — Longstanding myths and stereotypes that serve to justify or excuse the abuse. — The dynamics of power and control underlying the abuse. — That violence against women is a mechanism for keeping women unequal—it is both a cause and consequence of inequality.

28 S Walby and J Allen, Domestic violence, sexual assault and stalking: Findings from the British Crime Survey, Home OYce, 2004 29 Cross Government Action Plan on Sexual Violence and Abuse, April 2007 30 Source: FORWARD www.forwarduk.org.uk Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— High levels of under-reporting. — The failure of the criminal justice system to respond to violence—for example extremely low conviction rates for all forms of violence. — The long-term social, psychological and economic consequences for victims. — The extent of repeat victimisation. — The historic failure by the state to seriously being preventing violence in the first place eg by challenging attitudes that tolerate violence. The result is ineVective public policy responses to all forms of violence against women and this is extremely costly—both to individuals and the public purse. For example, the Government’s focus on domestic violence rather than violence against women more broadly has meant that there is now a crisis in funding of sexual violence services. There are only 36 rape crisis centres in England, none in Wales, and many more are threatened with closure for lack of funding. The Home OYce has now merged its domestic violence and sexual violence teams into a de-gendered Inter Personal Violence Unit which fails to recognise that violence against women is fundamentally an issue of gender inequality. 3. We therefore request that the HAC broadens this inquiry out to violence against women, or that it commits to carrying out such an inquiry in the near future. 1 October 2007

APPENDIX 14

Memorandum submitted by the Haven Wolverhampton

Introduction The Haven Wolverhampton has been providing services for women and children escaping Domestic Violence since 1973. The Haven currently supports 46 women and their children in emergency accommodation, and 72 women and their children who are living in the community. Women and children who are in refuge accommodation and those receiving Floating Support are also able to access other Haven support services such as counselling, and Advocacy.

Haven Statistics 2006–07 1,806 total referrals to refuge accommodation; 202 women and 225 children admitted to accommodation services; 132 women supported by the Floating Support Team (254 children involved); and 191 women, supported by Advocacy Services (361 children involved). Shirlin House, a new hostel providing 10 units of accommodation, was oYcially opened in March 2007 by Baroness Scotland. The Haven Wolverhampton can now oVer 46 units of accommodation for women and children fleeing domestic violence and/or homelessness. In 2006–07, The Haven Wolverhampton was able to support five women with no recourse to public funds—costing £22,138 (resourced through fundraising eVorts). The Haven has taken over 50 referrals in the period between 2006–07. 191 women were helped by our Advocacy service, which oVers advice to women on the legal and non- legal means which they may employ in order to increase their safety in their own homes. The Counselling Service provided 1,559 hours of specialised counselling for victims of Domestic Violence. The Haven has a joint international project (“Life Without Fear”) with the Women’s Crisis Centre Ekaterina, Russia, has provided DV training to 242 legal professionals in the Sverdlovsk Area, Russia. Links also continue with organisations helping women and children in Uzbekistan. We continue to support strategic developments in Housing, Move on Accommodation, Children, and the City of Wolverhampton Domestic Violence Strategy—the resourcing of this is a challenge to the organisation. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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The Haven Wolverhampton welcomes the inquiry entitled ‘Domestic Violence’ and consultation into the eVectiveness of the Government’s action following the coming into force the Domestic Violence, Crime and Victims Act 2004. This is our response:

Public education and awareness raising Majority of campaigns go unnoticed. There is an element of preaching to the converted as those who are already aware of them and are looking out for the campaigns. They are not Powerful enough and do not highlight the extent of Domestic Violence as a social problem. In Wolverhampton the Haven has contributed to training teachers, nurses, midwives and police oYcers, on DV issues. The education of children has been very ad hoc. Funding reduction has resulted in the loss of this provision which was initially provided through the DV Forum. Other boroughs are known to be providing resources for schools and able to deliver talks and discussions in the schools. Therefore there is no consistency across the boroughs’, and what awareness children have is dependent on what area children live. Domestic Violence awareness should be included compulsory and included in the PHSE/Citizenship curriculum.

Police powers and legal protection for victims Women’s reports on Police response to DV incidents appears to be very subjective and depends on which oYcer attends the incident. Some oYcers give information on DV services others do not. It has been reported by women that police often do not arrest the perpetrator unless he threatens the police. Reportedly awareness of DV issues amongst the police can range from sensitively and sympathy to complete desensitization, this inevitably leads to every situation being treated diVerently. However police response to DV has generally improved over the past few years. In relation to the police helping increase the safety of survivors; we would encourage Police to always refer the survivor to appropriate agencies. There needs to be quicker response time to incidents. The Haven have had reports from women that when they have presented themselves at a police station in an attempt to escape and report the violence they are often faced with hours waiting to be seen. There appears to be a lack of urgency around what the women is reporting. In relation to police practice over the past two or three years there has been some improvement, It has been reported by women and our IDVA’ that the Police oYcers once involved always complete a risk assessment, and are very much involved in MARAC’s. The vast improvements have been generated through the implementation of Wolverhampton’s Specialist DV court. The Haven has input into the MARAC’s and therefore has regular meetings with the police to discuss ongoing cases/referrals; however there is no Strategic liaison. The Haven does attend the MARAC’s in Wolverhampton but does not receive any funding directly for this work. It is our opinion that MARAC’s greatly increase the survivors safety. There were a reported 23 repeats which is 12% current DV repeat rate for Wolverhampton as a whole is 30% which demonstrates the eVectiveness of the MARAC in the reduction of repeat oVences. Due to the nature of the MARAC’s there are many people involved and this can contribute to the women feeling very disempowered. The Haven employs three IDVAs and Wolverhampton DV forum employs another one. The IDVA’s are hugely eVective in supporting survivors and improving their safety. Funding these posts is a concern and at any meeting locally or nationally the subject of funding these posts is an area of concern. There needs to be serious consideration regarding securing funding for these posts which are generally funded through voluntary sector organisation.

Criminal and civil justice process It has been reported that initial police response has improved and maybe as a result of Wolverhampton having a DV court charging/prosecution process has also improved. There are problems around survivors being subpoenaed to court and having to face the perpetrator. Those being sentenced are still not receiving adequate time. The process of going to court is no less intimidating from any previous court experience.

Civil Law: Injunction, protection orders and related court experience Before 1 July 2007 whereby a Non Molestation Order which carried a power of arrest when breached the oVender would be held on remand until a court appearance arranged and the relevant solicitor involved in the case notified. Since 1 July 2007 whereby breach of a Non Molestation Order became a criminal oVence The Haven have been made aware of cases whereby the oVender has either been arrested and allowed out on bail without the woman or the solicitor being made aware or informed or the oVender has not been arrested at all and remained at large. The Haven have spoken to the DAU but are still awaiting clarification of how the police have been advised to respond plus local solicitors are also awaiting some form of direction. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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The Haven has concerns about the increased use of mediation services with DV cases. The increase appears to be due to solicitors not understanding the complexities of DV cases. In cases where IDVA’s have sat with in the same room as the woman in mediation ( at her request) it has been a very intimidating experience for the woman to be expected to sit in the same room as her perpetrator. The Haven can not comment on family courts or CAFCASS, this is another area of concern as IDVA’s are not allowed to support the woman in a closed court.

The Domestic Violence, Crime & Victims Act 2004 (DVCVA) The Haven is concerned with the following sections of the DVCVA: — Women being held jointly responsible for the death of a child (section 5). — Restraining orders (section 9). This has not yet been implemented and there are uncertainties round the implementation. — Criminalization of breach of non-molestation order (section 5). In relation to giving power to third parties (ie The Haven, or other advocacy organisation) to apply for injunctions on behalf of survivors, The Haven understands section 60 of the Family Law act 1996, which made provision for third party applications, has never been implemented but this provision is included in the imminent force marriage Bill, however the Haven does not agree this should be implemented. Survivors are currently subject to many legislative demands when becoming involved in the DV process from, involvement with MARAC’s where there is already reported loss of independence. The role of the IDVA’s is to empower women to make appropriate choices and not to take away those choices. Although the Domestic Violence, Crime and Victims Act 2004 is cited as the first piece of legislation to address domestic violence in 30 years, the reality is that it does not grant protection to those minority women in this country who are subject to Domestic Violence, immigration control and no recourse to public funds. The “domestic violence rule” introduced into immigration law in 2002 allows a person who can provide evidence that they are subject to domestic violence, leave to remain in the UK indefinitely. However the amount of evidence required is huge, and incredibly intrusive. Due to the fear of being disowned by their relatives and bringing shame on their families, compounded with the reality of facing destitution, many women are unable to leave their violent relationships. Government does not provide adequate funds to service providers to enable all survivors of Domestic Violence to access refuge accommodation. Many women who have the courage to escape are often turned away from refuge providers as they do not have the funds to support them, this is due to many LA including Wolverhampton LA refusing to oVer financial support to women with no recourse and the organisations who wish to support them. The Haven has aYliated to a huge campaign that is bringing together key women’s organisations to highlight the devastating impact of “no recourse to public funds” on the lives of minority women subject to DV in the context of the Marriage, Employment and TraYcking.

Support, finance and refuge services The Haven is supported by Supporting People contract, for our refuge provision and Floating support services. Wolverhampton SP team have drafted a five year strategy that disinvest £200k from refuge accommodation, this will result in a reduction of 10 bed spaces which will undermine our ability to provide core services adequately, and therefore resulting in a reduction of women only services. Supporting People has brought much bureaucracy to the voluntary sector, ultimately forcing merger or severer down scale of provision. The recommendation of the fig of 1unit per 10,000 of population originated in 1986, 21 years ago when women did not come forward as they do now due to increased understanding of agencies, police and the public, is still being used by some authorities to reduce their provision where refuge provision is in excess of this benchmark whilst other areas are trying unsuccessfully to establish new provision. This service has always been based on needs lead at a point of crisis and should/will continue with this principle. In the light that the Haven can only accommodate just over a third of its referrals this proposal is of great concern and we are lobbing the team to review its plans. In the period 2006–07 Wolverhampton receives 7.9 million in SP funds where as Newcastle-up-on-tyne receives 14.1 million, there is a similar level of population, poverty and deprivation and unemployment as Wolverhampton, which indicates inconsistent and unjust distribution of public resources for disadvantaged people in Wolverhampton. We have ensured our MP’s and CLG are aware of our concerns. The Wolverhampton Homelessness strategy for 2007–19 also plans to reduce its hostel accommodation by 50% this is a major concern and will also impact on the amount of women and children we will be turning away. Recent consultations have highlighted concerns about the Supporting People tendering process. Wolverhampton was not given the opportunity to be graded any higher than C in the Quality Assessment Framework. Organisations outside of Wolverhampton were able to be graded to B or A this will give other competing for the same tender an unfair advantage. Services for children are provided at The Haven but SP and many other mainstream funding does not allocate funds to children’s services. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Access to permanent housing On average women are waiting longer to be re-housed and are now waiting between 9 to 12 months. Single women longer, those with complex needs even longer. Women are not accessing private rented accommodation and there is a reduction on those applying to Housing associations. In 2007 The Haven have been involved in a pilot scheme called Move on Plan Protocol (MOPP) Project which has attempted to address the move on problem in Wolverhampton the finding of this pilot will be available 2008. Sanctuary Scheme does exist in Wolverhampton and has been piloted for the last 12 months. The LA coordinate this with support from DV Forum and the Haven The scheme can not make a woman safe alone, it should be in conjunction with all other DV support services, Floating Support, IDVA’s and should not be used in isolation. The choice to move to alternative safe accommodation should be paramount.

Multi-Agency Partnerships There is a good approach to multi-agency partnerships in Wolverhampton, mainly due to the existence of the DV court and the MARAC’s. Representatives from the Haven attend Local Domestic Violence Forum, South StaV’s Forum (The Haven were instrumental in its establishment), Local safe guarding Children Board, Supporting People Providers Forum and the MARAC’s. The Haven has an established training team who are involved in delivering local Domestic Violence awareness training to its own staV and other professionals. The training is accredited by the Open College Network. The Haven receives payment for this when training external agencies. The Haven have partnered with The Local Domestic Violence Forum to deliver some areas of training. There is a mechanism for monitoring the implementation of the National Domestic Violence Delivery Plan in Wolverhampton and it is the role the Local DV forum and Local safety Partnership forum to Coordinate. In relation to The Governments Voluntary Sector Compact being adhered to in Wolverhampton, the topic is sketchy, during consultation with various agencies it does appear that “compact” knowledge and implementation ranges from little knowledge through to being used as tool to ensure LA engage with the voluntary sector. The mere fact that some organisations are still unclear as to what the compact is seems to show that the relationship between the government and voluntary and community sector have some way to go. 1 October 2007

APPENDIX 15

Memorandum submitted by Gloucestershire County Council

1. Executive Summary Gloucestershire County Council has commissioned a Change for Children Project to focus on improving outcomes of children and young people who witness domestic abuse and are adversely aVected by this experience. It is well known that 25% of women will experience domestic abuse during their lifetimes, but there is no reliable prevalence data for the percentage of children and young people who witness their parent/ carer being abused, although there is a wealth of evidence that this experience damages children. Recent information from Gloucestershire suggests that a large number of children and young people are aVected by domestic abuse. A pupil on-line survey (2006) found that 46% of year 8 and 10 respondents had witnessed or been a victim of domestic abuse, and police risk assessments result in 500 reports per month being sent to social care, although some of these are repeats. 1.2 The long term aim of the project is to address the intergenerational cycle of violence, by reducing the number of young witnesses who grow up to become tomorrow’s victims and perpetrators of domestic abuse. This project aims to develop a strategic response to these children and young people, by providing a commissioning framework to ensure that services are available at an appropriate level to meet their needs, and to ensure that policies and procedures are joined up across agencies working with children and families. It includes action at level 1 to ensure the promotion of healthy relationships in school and other universal settings. 1.3 This piece of work is significant, as this is the first time that the needs of children and young people exposed to domestic abuse have been recognised by the county as requiring a specific strategic response and are now included in the Gloucestershire Coordinated Community Response to Domestic Abuse. Previously, children and young people who witnessed domestic abuse were not viewed as victims, except where there was overlap with child protection. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2. Introduction This evidence focuses on current and planned work in children’s services in Gloucestershire. There are several drivers for these developments:

2.1 Domestic violence/abuse strategy 2005–08 This strategy acknowledged that children and young people are victims of domestic abuse and one of the key workstreams of the strategy included an action plan to address the harm caused to children by witnessing domestic abuse. The strategy also made a clear business case for improving the way domestic abuse is tackled in Gloucestershire by using Walby’s methodology to show that domestic abuse costs the county £230 million. This figure has since been recalculated to be £275 million.

2.2 Report of the task group of councillors set up by the Children and Young People overview and scrutiny committee This work arose from concern by councillors as to how well the local authority was performing in relation to supporting children and young people exposed to domestic abuse. The report acknowledged that key developments had taken place since the task group was formed, and these are an appropriate and welcome way forward. The report concluded that the local authority should adopt an “invest to save” approach and ensure that this development work is adequately resourced.

2.3 Findings from the health community’s 2006 on-line pupil survey This survey covered a wide range of health and wellbeing indicators. It found that between 8% and 13% of respondents reported a moderate to severe concern about their emotional health and wellbeing, and 46% of year 8 and year 10 pupils reported either witnessing or being subject to domestic abuse.

2.4 New police risk assessment and Multi Agency Risk Assessment Conferences (MARACs)process As part of Gloucestershire Specialist Domestic Violence Court Programme, police are risk assessing all incidents of domestic abuse in order to identify those individuals at highest risk of serious harm. This process began in autumn 2006, and immediately began to show large increases in the numbers of children and young people identified as witnessing domestic abuse and reported to Children and Young People’s Directorate Access Team. This figure is currently around 500 per month (including repeats), which we recognise to be a gross underestimation of the actual numbers of children vulnerable or at risk of harm because of domestic abuse, because the police are often only called either after several previous incidents (the national average is 35) or because the incident is more serious. In response to this, Safeguarding Children’s Board, Police and MAPPA have a pilot planned to use Children’s Strategy Discussions combined with the MARAC process to specifically include a focus on the risks to children and young people as a result of the domestic abuse that they are witnessing and/or experiencing.

2.5 Children and Young People business plan 2007–08 Seven priority areas were identified for this year, one of which was protecting and supporting children and young people exposed to domestic abuse.

2.6 Gloucestershire County Council’s gender equality scheme and action plan 2007–10 Domestic abuse is acknowledged as a challenge and the action plan calls for coordinated working between police and other agencies and improved collaborative working to identify and address domestic abuse issues.

2.7 Gloucestershire Local Safeguarding Children Board business plan 2007–08 This plan commits the Safeguarding board to ensure that all agencies are implementing the domestic violence/abuse strategy by raising awareness of domestic abuse among practitioners and by ensuring that child protection procedures reflect this direction of travel.

2.8 Research evidence to support the 2007 emotional health and wellbeing commissioning strategy for children and young people “Witnessing domestic abuse can adversely aVect emotional, social and cognitive development. Witnessing domestic abuse is associated with conduct disorders, PTSD symptoms; anxiety, depression and suicidal feelings; risk taking behaviour; diYculties in making and maintaining relationships; diYculty in paying attention, and falling behind with school work”. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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There is a growing body of evidence to demonstrate the harm to children and young people caused by witnessing domestic abuse, and this harm has long term consequences, such as perpetuating the cycle of victims/perpetrators and antisocial or criminal behaviour. These consequences prevent some seriously aVected individuals from becoming economically active and active contributors to society.

3. The Change for Children Project:Supporting and Protecting Children and Young People Exposed to Domestic Abuse The project has three areas of work: raising awareness and preventing young people from becoming victims/perpetrators; early identification of victims and early intervention; support for victims. The overall aim of this project is to develop a commissioning framework so that evidence based good practice can be embedded in mainstream services.

3.1 Raising awareness This aspect of the project concentrates on how children and young people can be encouraged to develop healthy relationships. Age appropriate material is being piloted to challenge deeply held attitudes and beliefs. Training and support for teachers and other staV will be an important component of this work. Future service development needs may be identified as a result of this work and will contribute to the commissioning process. This work is aided by developments that already exist within the county, such as the mandatory domestic abuse training coordinated and delivered through the local safeguarding children’s board, and the domestic abuse resource pack for schools and early years settings produced by the Healthy Schools Partnership.

3.2 Early identification and intervention This aspect of the work looks at how existing assessment processes can identify children and young people who are witnessing domestic abuse, and to oVer support as early as possible to prevent the development of more serious diYculties. 3.2.1 The common assessment framework (CAF) is an essential vehicle for this process but is not yet embedded across all agencies in Gloucestershire, and more work needs to be done to ensure that those administering CAF are trained and supported to ask supplementary questions about a child’s exposure to domestic abuse if the child’s needs suggest that this may be an underlying cause. 3.2.2 A development currently being piloted involves joint MARAC and safeguarding “strategy discussion” meetings. This initiative reduces the amount of time practitioners have to spend in meetings and encourages a joined up approach to risk assessment. 3.2.3 Other guidelines have been produced by the health community, such as the Department of Health’s handbook “Responding to domestic abuse”; the Royal College of Midwives position statement on domestic abuse; and the 2007 British Medical Association Board of Science report on domestic abuse. All these state clearly that health professionals should ask about domestic abuse at routine contacts yet there is local evidence that this advice is not being followed. This is despite evidence that domestic abuse victims want to be asked about it, but do not feel able to mention it until they are asked. This project will focus on identifying training needs, and auditing compliance with these guidelines.

3.3 Support for victims This final aspect of the project is concerned with ensuring that children and young people (and their non- abusing parents/carers) receive support at the level (1–4) most appropriate to meet their needs. Key interventions have already been identified from the literature: peer support groups for children and young people; advocacy and support for non-abusing parent/carers; parenting support for non-abusing parent/ carers; and relationship rebuilding to address issues of attachment. These can be delivered at all levels depending on need, and on a multi-agency basis. 3.3.1 Since the start of the project, it has become apparent that there is a significant proportion of young perpetrators in the county. These young people are so young that they should not be labelled as perpetrators, as they are clearly victims of what they have witnessed during their childhood. Alongside this is the development of adult perpetrator programmes; these will have a core theme of addressing the eVects of domestic abuse on children and young people. These programmes would run for 12 weeks to mirror the parent training programmes for the non-abusing parent/carers. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Figure 1.Diagrammatic representation of existing and planned developments in Gloucestershire

HEALTH ROUTINE POLICE RISK In place, CAF CONTACTS ASSESSMENTS working to join up processes

Areas of Support for Relationship Community work to be Children and Support for rebuilding Perpetrator developed Young people non- Programme to provide Abusing links to parent/carer other areas of work.

Child IDVA Protection MARAC Procedures Or MARAC/SD

4. Figure 1 describes where the project aims to make connections between current pieces of work that are already in place. Figure 2 demonstrates how the strategic response to children will be implemented through a stepped approach. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Figure 2

GLOUCESTERSHIRE LEVELS OF NEED AND INTERVENTION MODEL

Level 4: Acute/Restorative Child Protection Services, Police, court Links to: Specialist Children and young people at risk or protection, CAFCASS Alternative housing Domestic death or serious harm from abusive for non-abusing parent and children. Violence Court parental partner Presumption of no contact. MAPPA MARAC/Children’s Strategy Discussions process Domestic Abuse Strategic Forum Local DV Fora

Level 3: Complex CAFCAS, Refuge and community based support Links to: As above and; Children and young people whose services, advocacy and childcare services. Sanctuary lives are seriously disrupted by schemes, Supervised contact services, CAMHS, Community domestic abuse Counselling, CIN services MARAC/Children’s based Strategy Discussions perpetrators programme (to be developed) Specialist support, age appropriate for children and young people, together with parenting support for non abusing parent and work to rebuild relationships between children and non abusing parent.

Level 2: Vulnerable Information about and access to domestic abuse services. UseLinks to: As above Children and young people of CAF to increase identification of vulnerable children and And vulnerable as a result of young people. Parenting domestic abuse. Health visitors,Positive parenting, Youth Offending, YIST, Strategy Behaviour Support.

Level 1: All Children and Universal Services Links to: As above Young People Routine screening at antenatal/routine Health visitor questioning Andto other include children in family question. strategies Information about domestic abuse and access to services. in county. Gloucestershire PSHE Pilot using Leeds and Hammersmith domestic abuse curricula;- pre school, primary, secondary and post 16, youth work settings: including curriculum development work by group of teachers.

APPENDIX 16

Memorandum submitted by Refuge

Introduction to Refuge Founded in 1971, Refuge has grown from the world’s first refuge to become the country’s single largest provider of specialist accommodation and support to women and children escaping domestic violence. Refuge is committed to a world where domestic violence is not tolerated or ignored and where women and children can live in safety. In order to achieve our vision we undertake an integrated approach to: — Provide high quality services to women and children exposed to domestic violence. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Prevent domestic violence through national award-winning communications campaigns, policy, training and research. — Protect women and children exposed to domestic violence through lobbying for appropriate legislation and developing best practice approaches to meet their needs. As a service organisation, Refuge’s strength is the ability to ensure that the voices of the 80,000 women and children that we support each year are heard in national decision-making processes.

Executive Summary Refuge welcomes the Home AVairs Select Committee inquiry into domestic violence. Thanks to positive legal and policy changes initiated by Government, domestic violence has undoubtedly ascended the political agenda since the Committee last met on this issue. The Domestic Violence, Crime and Victims Act (2004), the National Domestic Violence Delivery Plan and Inter-Ministerial Group on Domestic Violence represent significant steps towards a cross-governmental response to domestic violence. However, Refuge is concerned that: — With the Specialist Domestic Violence Court (SDVC) Programme as its centrepiece, the Plan is a predominantly criminal justice response to domestic violence. — National policy and guidance is not always implemented at local level resulting in a “postcode lottery” of responses to victims. — The Plan does not amount to a fully resourced and coordinated national strategy. Although Safety and Justice recognised the need for an integrated response to domestic violence, legal protection for victims is not being reinforced by the provision of appropriate services and eVective preventative work. As a consequence, Refuge’s independent domestic violence advocates (IDVAs) report that the Government’s SDVC Programme is being undermined. The high caseload of each advocate means that women regularly need to be referred to other domestic violence services for support between charge and prosecution. However the demand for such services outstrips supply, increasing the likelihood that women will withdraw from providing evidence. It is also important to note that women accessing IDVAs are in crisis. The absence of immediately available services represents a lost opportunity to provide vital support and puts women and children at further risk. The provision of refuge space remains inadequate31 and varying in quality. Furthermore, it remains of grave concern to Refuge that Supporting People does not fund services for children or psychological support for women.32 The failure to provide appropriate support at the point of need means that problems are likely to develop and become more entrenched, thereby requiring additional and more resource-intensive responses later on. Despite Government’s intention that SDVCs will act as a “catalyst for a more coordinated approach to domestic violence at local level”, obtaining funds for community-based domestic violence services is becoming harder. Refuge is increasingly advised to refer residents to statutory agencies rather than provide support in-house. Although there is some good practice within the statutory sector, women and children consistently say they benefit most from voluntary sector services that reach those who would otherwise not seek or qualify for help. Unlike statutory services, Refuge also recognises and responds to the overlapping impacts of domestic violence on women and children. The separation of child and adult statutory services continues to be a major obstacle in eVectively meeting their needs.33 Therefore Refuge is encouraged by recent initiatives such as the Families at Risk Review which indicates that this might change. Refuge sets out a series of recommendations to Government in the appendix to this report, addressing many of the issues raised through our written evidence. Most urgent is the need for a fully resourced and coordinated national domestic violence strategy.34

1. Protecting Victims of Domestic Violence Including: police powers and legal protection for victims; criminal and civil justice processes; Specialist Domestic Violence Courts; perpetrator programmes

31 Despite the 1975 House of Commons Select Committee on Violence in Marriage recommending at least one refuge space per 10,000 head of the population; and as outlined in Best Value Performance Indicator 225. 32 Even though children make up two-thirds of refuge residents. 33 Despite Lord Laming recommending the development of integrated structures for children and families following his inquiry into the death of Victoria Climbie. 34 The need for a coordinated national strategy on domestic violence was recognised by all the candidates of the recent Deputy Leadership contest: politics.guardian.co.uk/women/story/0,,2100975,00.html Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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1.1 Criminal justice response The Government is undoubtedly addressing domestic violence through new legislation and the development of the Specialist Domestic Violence Courts (SDVC) Programme. However: — Although successful prosecutions are increasing,35 reported cases represent only a fraction of all domestic violence incidents since the vast majority of women do not engage with the criminal justice system. — The Government definition of domestic violence excludes under 18s. Young people aged 16–18 experiencing intimate partner violence are unlikely to receive support from children’s services, so are not protected. — Women from black and minority ethnic (BME) backgrounds are often unaware of the legal protection that exists. — The law does not oVer a clear route for the successful prosecution of domestic violence perpetrators whose victims commit suicide.36

1.2 Domestic Violence, Crime and Victims Act (2004) Whilst supporting measures within the Act, Refuge is disappointed it has taken five years to implement some of the basic changes promised by Government37 and that sections 9 (domestic homicide reviews) and 12 (restraining orders) remain outstanding. It is almost impossible to gain national data indicating how the Act is being implemented. However based on regional and local learning, Refuge has the following concerns:

1.2.1 Section 1 (making breach of a non-molestation order a criminal oVence) — The courts have not been trained on how to handle these cases with judges and legal advisors unsure how to proceed. — Breach of an order by contacting the victim directly (often numerous times) is not resulting in police action unless a woman is directly threatened.

1.2.2 Section 5 (causing or allowing the death of a child or vulnerable adult) — A proposed Lords amendment that courts should consider domestic violence in deciding what constitutes “reasonable steps” to protect was removed as the Bill passed through Parliament.38 Refuge is aware of four cases that have since gone to court under section 5, at least two of which involved domestic violence.39 In three of the cases the mother’s partner was found guilty of murder and the mother guilty of familial homicide.40 — Refuge remains concerned that a young person under 16 years could be convicted of familial homicide if they are the parent of a child that has died, even when they have not played a role in the death.

1.2.3 Arrest, charge and bail — Police targets based on sanction detection rates mean cautions are easier to achieve. Despite ACPO guidance to the contrary, Refuge is aware of high caution rates across the UK.41 — In some London Boroughs less than 10% of all reported domestic violence incidents result in arrest and charge.42 — Refuge’s experience is that the police often fail to collect the best possible evidence. — Police have reported concerns in accessing domestic violence coordinators through CPS Direct,43 with the result that some lawyers are advising against charging in domestic violence cases.44

35 From 46% in 2003 to 65% in 2006. 36 Refuge is campaigning for an oVence of Liability for Suicide (see www.publications.parliament.uk/pa/cm200506/cmhansrd/cm061018/debindx/61018-x.htm and Refuge’s response to “A New Homicide Act for England and Wales” (June 2006) www.refuge.org.uk/policyAndResearch.htm) 37 Sections 1 and 4 were only implemented on 1 July 2007. 38 publicwhip.org.uk/division.php?date%2004-03 09&number%1&mpn%Lord Grocott&mpc%Lords&house%lords 39 – Rebecca Lewis: news.bbc.co.uk/1/hi/wales/south–west/6107138.stm Lun Xi Tan: news.bbc.co.uk/1/hi/england/south yorkshire/6159034.stm 40 – Sandra Mujuru: cps.gov.uk/London/case—studies/first–familial–homicide–conviction/ Rebecca Lewis: news.bbc.co.uk/1/hi/wales/south–west/6107138.stm Hayley Kenny: news.bbc.co.uk/1/hi/england/beds/bucks/herts/6266521.stm 41 The Association of Police OYcers (ACPO) is currently mapping the use of police cautions. 42 For example, in Hammersmith and Fulham only 201 perpetrators were charged although there were 2,574 reported incidents of domestic violence between March 2006 and February 2007. 43 Despite nearly a quarter of all calls to CPS Direct (out of hours service) in 2006–07 relating to domestic violence incidents. 44 Police and Crime Standards Directorate (2006) Lessons Learned from Domestic Violence Enforcement Campaigns. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Refuge’s IDVAs regularly receive crisis calls from women whose perpetrator has been released on bail without them being notified.45

1.2.4 Court processes and sentencing — Refuge’s IDVAs report ongoing problems regarding access to special measures. — Perpetrators who conduct their own defence as a means of further abusing the victim are increasingly supported in this process by cuts in legal aid. — Provocation continues to be recognised as a partial defence.46 — Domestic violence has the highest rate of repeat victimisation than any other crime yet the courts do not accept evidence of previous incidents. — The impact of psychological abuse is not understood and accepted by the courts in the same way as psychiatric abuse.47 — In Refuge’s experience, high levels of conditional discharges are being awarded, essentially letting the perpetrator oV. — Refuge is extremely concerned by recent cases where men found guilty of extreme violence (beating, branding and slashing)48 received only small fines.

1.2.5 Perpetrator programmes — Refuge is concerned about the extent to which perpetrator programmes are being used as alternatives to custody, resulting in domestic violence cases being treated “diVerently” and with more leniency than other violent crimes. — A survey of 15 probation areas in England and Wales showed that lengthy waiting lists for Integrated Domestic Abuse Programmes (IDAP) are placing women and children in danger.49 — Perpetrators are being put on anger management courses, widely regarded as dangerous and ineVective, which compromise the safety of women and children by not including partner outreach as an essential component.50 — Refuge is aware of at least one case where a perpetrator programme has oVered false hope to professionals with disastrous consequences.51

1.2.6 Independent Domestic Violence Advocates (IDVAs) — The absence of support for children remains a major weakness within the IDVA programme. — Case work loads for IDVAs are extremely high.

1.3 Civil justice response

1.3.1 Child contact — In Refuge’s experience, many women wish to avoid contact in order to keep themselves and their children safe.52 — Whilst the Government has issued best practice guidance for the courts and other professionals on how to deal with child contact cases also involving domestic violence, Refuge understands that these are not always adhered to and are insuYcient to protect women and children from the risks associated with on-going contact with the perpetrator. — Separate representation for children in private family law proceedings such as contact and residence is rare.53

45 Despite the CPS Guidance on Prosecuting Cases of Domestic Violence containing a checklist outlining the method by which a victim should be informed of bail decisions. 46 Harriet Harman recently outlined the need to scrap the defence of provocation in murder cases saying: “we need an end to the culture of excuses...amanwhokills his wife can get away with murder”. 47 This has relevance for abused women who: kill their partners; are accused of causing or allowing the deaths of their children; lose their children to adoption; who commit crimes; and who take their own lives: politics.guardian.co.uk/women/story/ 0,,2100975,00.html 48 Colin Read: www.refuge.org.uk/news.html?newsID%221 49 National Association of Probation OYcers (January 2007). 50 This is provided as part of an IDAP. 51 The recent Serious Case Review into the murder of Child “B” by Westminster Local Safeguarding Children Board. 52 It is recognised that women experiencing domestic violence are most at risk after they have left the perpetrator. It is also recognised that the presence of domestic violence is a risk factor in child contact proceedings. 53 See Refuge’s response to “Separate Representation of Children” (September 2006) www.refuge.org.uk/policyAndResearch.htmhttp://www.refuge.org.uk/policyAndResearch.htm Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— The use of domestic violence expert witnesses is almost non-existent in the family court system and is set to get worse in light of proposals such as those set out in “Bearing Good Witness”.54

1.3.2 Access and aVordability — Civil law oVers vital protection for victims but can cost victims tens of thousands of pounds. Refuge is concerned that ordinary citizens can not aVord “justice”. — Refuge is aware of cases where the perpetrator deliberately pursues matters through the courts until the woman’s resources are exhausted.

1.3.3 Integration of the criminal and civil courts — Family and criminal courts can and do make orders which are at variance.55

2. Provision of Services for Victims of Domestic Violence Including: support for victims; multi-agency approaches and barriers to their eVective operation

2.1 Coordinated community response — Women’s organisations such as Refuge have created innovative forms of provision that are now considered essential responses to domestic violence.56 However, the domestic violence voluntary sector is under-resourced, over-stretched and unable to plan long term. — Whilst Refuge is supportive of mainstreaming services into the statutory sector, there is a danger that community based services and the specialist knowledge they possess will become marginalised. — Refuge’s experience is that women and children want choice about where they access support and say that statutory services are unavailable at the point of crisis; have thresholds that exclude them; fail to see the whole picture; do not provide consistent support and are rarely long term., — The statutory sector rarely involves women and children in designing, monitoring and evaluating their services.

2.2 National Service Standards — Refuge is concerned that the current draft of the national standards are overly complicated and will place heavy burdens on providers.

2.3 Lack of integration between national and local agendas — It is unclear how the work of local authorities is coordinated through and accountable to the national domestic violence delivery plan, for example, local authorities are not mandated to provide domestic violence services.

2.4 Local Area Agreements (LAAs) — Refuge is advocating for one of the new 200 national level indicators to address domestic violence. — LAA pilots suggest domestic violence targets are being located in the “safer and stronger communities” block of LAAs,57 reflecting the national tendency to adopt a criminal justice approach to domestic violence.

2.5 Multi-agency responses and barriers to their eVective operation — Structures such as Multi Agency Risk Assessment Conferencing (MARAC) only assist the highest- risk cases. — There is no consistent national MARAC model and this can lead to ineVective and inappropriate practice. — Concerns around patient confidentiality often mean a lack of participation by GPs and Health Care Trusts. — There is confusion among agencies about what information can and should be shared.

54 See Refuge’s response to “Bearing Good Witness” (May 2007) www.refuge.org.uk/policyAndResearch.htm 55 For example, a mother with a restraining order against a perpetrator is ordered to meet him to facilitate child contact. 56 CWASU (2007) What is a VAW Service? 57 LGA (2006) Work to address domestic violence and local area agreements: where does it fit? Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— The policy and service divisions between adult and children’s services make multi-agency working diYcult.58

2.6 Supporting People — The Supporting People national outcomes framework is inappropriate for domestic violence victims.59 — Specialist services for BME women are increasingly being absorbed into generic services. — Housing Associations are being awarded contracts despite having no experience of supporting this client group. — Funding is short-term making it diYcult for refuges to plan and ensure continuity of service for residents. — Some local authorities are misunderstanding the new gender equality duty to mean that they must provide the same services for men and women. This means that women-only services are experiencing diYculty in renewing existing contracts.

2.7 Refuge space — A report on funding to women’s refuges in London confirms that significantly more bed spaces are needed.60 — Single women who have experienced domestic violence are finding it almost impossible to access local authority housing and this is blocking vital bed spaces.

2.8 Psychological services — Research shows that women subjected to domestic violence are at risk of post-traumatic stress, depression, anxiety, self-harm and suicide. — Statutory services are unable to respond to women and children at the point of crisis and reduce the risk of more serious diYculties from occurring. — Refuge lacks funds to provide psychological support to all our residents.

2.9 Children’s services — Children are at similar psychological risk and experience emotional and behavioural diYculties; as well as problems in their physical development and health. — Children at Refuge are likely to have changed school frequently, negatively impacting their academic performance and leaving them isolated and without a stable social network. — There is little statutory funding for children’s services in refuge and community settings. — Residents are unable to access programmes such as Sure Start due to joining criteria.

2.10 No recourse to public funds — Women and children without recourse to public funds receive no benefits and cannot pay for refuge accommodation.61 — Accessing funds from local authorities for this group of women is rarely successful62 and some local authorities are threatening to put children into care rather than provide financial support. — Refuge is concerned about wider Government proposals to address forced marriage, in particular the proposal to increase the waiting period for a British subject to sponsor a foreign spouse from two years to five.63

58 Although there have been improvements as a result of Every Child Matters and the Families at Risk Review. 59 Jane Keeper, Refuge’s Director of Operations and Dr Ravi Thiara have developed and piloted an alternative model of outcomes for domestic violence victims through service-user consultation. 60 Women’s Resource Centre (2007) Funding of London Women’s Refuges. 61 Refuge is unique in that we are continuing to accept women in our refuges with no recourse to public funds: it costs us around £180,000 a year to support 20 women. 62 Despite guidance from Government outlining to local authorities how they can help: www.womensaid.org.uk/downloads/ Y Letter–from–Home–O ce–toLAs–norecourse.pdf 63 Forthcoming from the Borders and Immigration Agency: “Marriage to Partners from Overseas”. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2.11 Financial and social exclusion — Women and children escaping violent partners have often experienced financial abuse and live in poverty, relying on benefits to establish independent lives. — As a consequence of moving away from supportive family and social networks, women are unable to aVord childcare that would enable them to work. — Children who spend long periods in temporary accommodation are thought to be amongst the most excluded, disadvantaged children in the UK.

3. Preventative Work Including: public education and awareness raising

3.1 Public education — Myths that uphold the belief that women, enjoy, provoke or deserve violence are often reflected in professional practice and in society thereby allowing men to continue their abusive behaviour. — Refuge campaigns to raise awareness of domestic violence among key professionals and the general public yet this work is not Government funded and is carried by a small communications team.

3.2 Education in schools — Girls aged 16–18 report an alarming amount of abuse from their boyfriends.64 — Refuge is encouraged that Government has begun to educate children and young people about domestic violence but is concerned that teaching is not yet universally available and does not start early enough to lead to behavioural change.

Annex 1

OVERVIEW OF POLICY RECOMMENDATIONS

Overarching recommendations to the Home AVairs Select Committee

Refuge recommends the development of a Refuge Report on “The British Response to national Government strategy on domestic Domestic Abuse” (February 1991; also submitted violence together with realistic funding as written evidence to the Select Committee in 1992) Refuge recommends the implementation of a Refuge Report on “Research into the Canadian three pronged approach to domestic violence: Approach to Domestic Abuse” (February 1991; 1. Protection: a stronger arrest and charge policy. also submitted as written evidence to the Select 2. Prevention: national education and awareness Committee in 1992) raising of the issue of domestic violence. 3. Provision: national resources to support women and children escaping domestic violence. Refuge recommends that a national domestic Refuge’s response to “Compensation and Support violence strategy should: for Victims of Crime” (April 2004) — Be developed by government in close partnership with domestic violence specialists. — Be based on a clear and gendered understanding of domestic violence, its causes and systematic, intentional nature. — Monitor competence/compliance and accountability at the local level. — Make initial training in domestic violence and continuing professional development, mandatory for all professionals across all sectors.

64 NSPCC (2006) Casenotes. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1. Protection for Victims of Domestic Violence

Criminal justice response

Make available national data on the Refuge’s Response to the Home AVairs Select implementation of the Domestic Violence, Crime Committee Inquiry into Domestic Violence and Victims Act (2004) (September 2007) Develop a gendered definition of domestic Refuge’s Response to “Safety and Justice” violence and expand it to include young people (September 2003) experiencing intimate partner violence. Develop a legal route for the successful Refuge’s response to “A New Homicide Act for prosecution of domestic violence perpetrators England and Wales” (June 2006) whose victims commit suicide.

Domestic Violence, Crime and Victims Act (2004)

Implement Sections 9 and 12 of the Act as a Refuge’s Response to the Home AVairs Select matter of urgency. Committee Inquiry into Domestic Violence (September 2007)

Breach of a non-molestation order (Domestic Violence Crime and Victims Act: Section 1)

Provide appropriate training to judges for the Refuge’s Response to the Home AVairs Select implementation of Section 1. Committee Inquiry into Domestic Violence (September 2007) Ensure that all breaches of non-molestation Refuge’s Response to the Home AVairs Select orders lead to the arrest of the perpetrator. Committee Inquiry into Domestic Violence (September 2007)

Familial homicide (Domestic Violence Crime and Victims Act: Section 5)

Refuge recommends that responsibility for Refuge’s Response to the draft Domestic familial homicide (allowing the death of a child or Violence, Crime and Victims Bill (July 2004) vulnerable adult) is not applied to those under 16 years of age. In circumstances where a child has been killed by Refuge’s Response to the draft Domestic a parent, there should be routine assessment for Violence, Crime and Victims Bill (July 2004) the presence of domestic violence as well as the direction of the abuse eg who is abusing whom. Monitor the implementation of section 5. Refuge’s Response to the Home AVairs Select Committee Inquiry into Domestic Violence (September 2007) Refuge recommends that there are both Refuge’s Response to the draft Domestic conceptual and practical links between domestic Violence, Crime and Victims Bill (July 2004) violence and child homicide reviews.

Arrest, charge and bail

Police must carry out a rigorous arrest and charge Refuge Report “I hit, therefore I need help” policy. (February 1989) “We recommend that the Inspectorate of Refuge endorsed this recommendation made by Constabulary monitor the rate of arrest in the by the Home AVairs Select Committee on domestic violence incidents”. Domestic Violence in 1992 Discourage cautioning which downgrades and Refuge’s Oral Evidence to the Home AVairs trivialises the crime. Select Committee on Domestic Violence (November 1992) Introduce a system of “dip sampling” for Refuge’s Response to the Home AVairs Select monitoring the use of cautions.65 Committee Inquiry into Domestic Violence (September 2007)

65 In Hammersmith and Fulham, the CSU and Standing Together monitor the use of cautions by dip sampling them on a regular basis. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Refuge would like a firm commitment for Refuge’s Response to “Safety and Justice” enhanced evidence gathering in order to avoid (September 2003) cases resulting in failure to convict. CPS to support the police by ensuring that, when Refuge’s Response to “Living without Fear” there is suYcient evidence, cases proceed and (October 1998) perpetrators are prosecuted. Ensure that victims are immediately informed of Refuge’s Response to “Safety and Justice” bail conditions. (September 2003)

Court process

All domestic violence victims should have Refuge’s Response to “Safety and Justice” automatic status as intimidated witnesses and the (September 2003) special measures available under this ruling should be made available without application. The ruling of preventing defendants without legal Refuge’s Response to “Safety and Justice” representation from cross-examining rape victims (September 2003) should be extended to all female victims of domestic violence. Provocation should be removed as a partial Refuge’s Oral Evidence to the Home AVairs defence for domestic violence. The criminal justice Select Committee on Domestic Violence system should not reinforce the negative messages (November 1992) of the abuser and blame the victim for provoking the violence she has suVered. Evidence of previous violence should be admitted Refuge’s Response to “Safety and Justice” by court. (September 2003) Courts should understand and recognise Refuge Report “Why nobody was there for little psychological abuse in the same way as Chanel” (January 1992) psychiatric abuse.

Sentencing

Appropriate sentences should be given to men so Refuge Report “A caution against cautioning” that violence is not repeated. Sentences for (March 1990) domestic violence must match the crime and send a strong message to a perpetrator and society that violence is unacceptable. There is a need for specialist training for the Refuge Report “A caution against cautioning” judiciary. (March 1990) Courts should make more use of witness impact Refuge’s Oral Evidence to the Home AVairs statements to ensure more appropriate sentencing. Select Committee on Domestic Violence (November 1992) Repeal the guidance within the Sentencing Refuge’s Response to “Domestic Violence and Guidelines for Domestic Violence which states Sentencing Guidelines” (May 2006) that there “may be circumstances in which the court can properly mitigate a sentence to give eVect to the expressed wish of the victim that the relationship be permitted to continue”. Re-education for perpetrators should not be used Refuge’s Oral Evidence to the Home AVairs as a diversion from prosecution but as part of Select Committee on Domestic Violence sentencing. (November 1992)

Perpetrator programmes

National targets and available resources for the Refuge’s Response to the Home AVairs Select completion of IDAP must take into account the Committee Inquiry into Domestic Violence higher demand for IDAPs particularly in SDVC (September 2007) areas. Refuge urges Government to adopt a cautious Refuge’s Response to “Safety and Justice” approach to perpetrator programmes. An (September 2003) evaluation of the long-term eVectiveness of perpetrator programmes is required. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Independent Domestic Violence Advocates

Develop independent advocacy for children Refuge’s Response to the Home AVairs Select Committee Inquiry into Domestic Violence (September 2007) Provide additional funding for IDVAs Refuge’s Response to the Home AVairs Select Committee Inquiry into Domestic Violence (September 2007)

Child contact

Whilst recognising that the Child (Contact) and Refuge’s Response to “Safety and Justice” Adoption Act (2006) has inserted a section on (September 2003) “Risk Assessment” (16A), Refuge continues to advocate for mandatory risk assessments and supports a rebuttable presumption of no contact with the perpetrator in domestic violence cases (as in New Zealand). Refuge recommends including children in non- Refuge’s Response to “Safety and Justice” molestation orders, thereby preventing contact (September 2003) between them and violent fathers until such time as it can be proven safe. Refuge recommends, in line with the Children Refuge’s Response to “Safety and Justice” Act, that the wishes and feelings of all children (September 2003) should be ascertained in relation to any legal proceedings which involve them. Refuge has long campaigned for the provision of separate representation for children who are the subject of private law proceedings. Courts should allow expert witnesses to give Refuge Speech “Address to solicitors” (May 1992) evidence on behalf of battered women as a matter of course.

Access and aVordability

Refuge advocates that remedies oVered by the Refuge’s Response to the draft Domestic legal system should be accessible and aVordable. Violence, Crime and Victims Bill (July 2004) It is unacceptable that those requiring protection should be expected to pay for it. Increase access to legal aid. Refuge Report on “The British Response to Domestic Abuse” (February 1991; also submitted as written evidence to the Select Committee in 1992)

Integration of the criminal and civil courts

Criminal lawyers/judges should be trained in Refuge’s Response to “Safety and Justice” family matters and vice versa to create “specially (September 2003) trained” domestic violence legislators. Courts should implement mechanisms to allow Refuge’s Response to “Safety and Justice” information sharing across jurisdictions so that (September 2003) there is consistent enforcement of protection orders—for example, through a register of civil orders. Clear mechanisms need to be put in place to Refuge’s Response to the draft Domestic ensure diVerent court orders work together, rather Violence, Crime and Victims Bill (July 2004) than in variance. Refuge supports the idea of a “one-stop shop” Refuge’s Response to “Safety and Justice” where women could apply for a range of legal (September 2003) remedies and protections, including civil and criminal sanctions. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2. Provision of Services for Victims of Domestic Violence

Coordinated community response

Recognise the expertise of the voluntary sector Refuge’s Response to “Safety and Justice” within the development of a coordinated (September 2003) community response to domestic violence. Develop the infrastructure and capacity of the Refuge’s Response to the Home AVairs Select voluntary sector to provide long term services. Committee Inquiry into Domestic Violence (September 2007)

Lack of integration between national and local agendas

Ensure that national policy on domestic violence Refuge’s Response to “Safety and Justice” works in tandem with eVective co-ordination at (September 2003) the local level. We recommend that the first priority for the Refuge endorsed this recommendation made by Government action on domestic violence should the Home AVairs Select Committee on Domestic be the establishment of a central, coordinated Violence in 1992 policy for refuge provision throughout the country.

Local Area Agreements

Ensure there is a national level performance Refuge’s Response to the Home AVairs Select indicator on domestic violence. Committee Inquiry into Domestic Violence (September 2007) Ensure that the cross-cutting nature of domestic Refuge’s Response to the Home AVairs Select violence is recognised across the LAA policy Committee Inquiry into Domestic Violence blocks. (September 2007)

Multi-agency responses

Establish a national interagency coordinating Refuge’s Response to “Living without Fear” committee involving national organisations.66 (October 1998) AVord the voluntary sector the same level of Refuge’s Response to “Every Child Matters” professionalism and trust by allowing them to (November 2003) take on the role of lead professional in multi- agency fora when appropriate. Expand models of high risk multi-agency working Refuge’s Response to the Home AVairs Select to medium and low risk cases. Committee Inquiry into Domestic Violence (September 2007) Develop national guidelines for the operation of Refuge’s Response to the Home AVairs Select MARACs. Committee Inquiry into Domestic Violence (September 2007) Establish interdisciplinary training sessions to Refuge’s Response to “Living without Fear” improve service delivery and improve information (October 1998) sharing. Facilitate close liaison between adult and child Refuge Report to the King’s Fund (1998) services when managing diYculties created by and attempts to recover from, the impact of woman abuse. Develop a code of practice to bridge the gap Refuge’s Response to “Safety and Justice” between the two adult and child policy agendas in (September 2003) order to provide a holistic response. Each large urban area should have a well Refuge endorsed this recommendation made by publicised family crisis centre67 open the Select Committee on Violence in Marriage in continuously.68 1975

66 Wider than the Inter-Ministerial group on domestic violence—including refuge providers and other agencies. 67 For example, a Family Justice Centre. 68 This is similar to the San Diego model of Family Justice Centres. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Supporting People

Endorse Refuge’s alternative framework Refuge’s Response to the Home AVairs Select developed for survivors of domestic violence. Committee Inquiry into Domestic Violence (September 2007) Recognise the importance of specialist services for Refuge’s Response to “A Wrong not a Right” BME women. (January 2006) We would advise against direct management of Refuge’s Response to “Living without Fear” refuges by housing associations. (October 1998) Provide secure funding to domestic violence Refuge’s Response to “Safety and Justice” service providers. (September 2003) Local authorities must recognise the diVerence Refuge’s Response to “Compensation and between violence against men and violence against Support for Victims of Crime” (April 2004) women

Refuge space

Specialised refuge facilities should be available Refuge endorsed this recommendation made by very readily and rapidly. One family place per the Select Committee on Violence in Marriage in 10,000 of the population should be the initial 1975 target. We recommend that the first priority for the Recommendation made by the Home AVairs Government action on domestic violence should Select Committee on Domestic Violence in 1992 be the establishment of a central, coordinated policy for refuge provision throughout the country. Recognise that single women escaping domestic Refuge’s Response to the Home AVairs Select violence also have priority need for housing. Committee Inquiry into Domestic Violence (September 2007) There is an urgent need for more aVordable Refuge’s Response to “Safety and Justice” housing to ease blockages in refuge. (September 2003)

Psychological services

It is vital that specialist psychological assessment Refuge Report on Psychological Services (2001) and support services are made available to women and that this support is closely integrated with a similar programme for their children.

Children’s services

Fund dedicated services for children aVected by Refuge’s Response to “Safety and Justice” domestic violence. (September 2003) Make Sure Start services accessible to children in Refuge’s Response to “Safety and Justice” refuge through introducing flexible criteria. (September 2003)

Recourse to public funds

Provide benefits to women with insecure status Refuge Report for Community Care Live (May fleeing domestic violence. 2004)

Financial and social exclusion

Incorporate the impact of domestic violence Refuge’s Response to the Home AVairs Select within financial and social inclusion policy work. Committee Inquiry into Domestic Violence (September 2007) Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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3. Preventative Work

Public education

Develop a hard hitting national campaign Refuge’s Response to “Living without Fear” through a partnership between Government, (October 1998) charity and business. Education campaigns should ensure: Refuge’s Response to “Safety and Justice” — That there is a clear and consistent message (September 2003) to perpetrators and society that domestic violence is both unacceptable and criminal. — That they educate women (particularly those from BME communities) about the legal protection that is available. — That the reality of violence against women and children is not diluted within an all encompassing generic perception of “domestic violence” and “victims of violence”. — Information is given about the broad spectrum of abuse. — That the myths about violence are challenged and that accurate information is presented to the public. — That information is presented regularly and in a variety of formats as part of a long term and appropriately funded strategy. — That information is presented in a range of languages and reflects an understanding of and sensitivity to cultural diVerence. — Women are clearly sign-posted to organisations which can oVer support.

Education in schools

Much more serious attention should be given Refuge endorsed this recommendation made by within our school (and further education) system the Select Committee on Violence in Marriage in to the problems of domestic conflict. 1975 Fund training programmes on domestic violence Refuge’s Oral Evidence to the Home AVairs and provide materials for teachers in training, Select Committee on Domestic Violence schools and colleges. (November 1992) Children of all ages should have access to school Refuge Report on Psychological Services (2001) based domestic violence awareness and prevention programmes (for example, through PSHE, citizenship and circle time). As a minimum, these should include: — facts about domestic violence; — a gendered understanding of the issue; — empathy training; — development of non-violent conflict resolution skills; — a focus on identifying, expressing and managing feelings; and — the development of eVective coping strategies. Ensure that an ethos of non-violent conflict Refuge Survey of Educational Personnel (2001) resolution, power/control and discrimination run through all school teaching and activity.

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APPENDIX 17

Memorandum submitted by Cotswold District Council

1. Introduction 1.1 The Gloucestershire Coordinated Community Response to Domestic Abuse (CCR) is committed to helping prevent domestic abuse, improving the support and protection for victims and their children and bringing perpetrators of crime to justice across Gloucestershire. 1.2 The partners of the CCR include: Health, Gloucestershire County Council, Police, Probation, Crown Prosecution Service and the six Local Authorities as well as representatives from the voluntary sector. 1.3 As part of the CCR and in order to improve performance in relation to BVPI 225, Cotswold District Council has actively participated in the County Domestic Violence Strategic Forum as well as developing local domestic abuse services with local partners and stakeholders.

2. Background 2.1 Cotswold District is a large rural authority covering over 450 square miles. The issue of providing services that meet the needs of both the people in the North and South of the district remains a challenge. In recent years the profile of domestic abuse been an increasing priority in the district. 2.2 In response to the rising awareness of the prevalence of domestic abuse, the Cotswold Domestic Abuse Forum was originally set up in 2000. 2.3 In 2002 Cotswold District Council developed a three unit Women’s refuge in Cirencester. However, whilst the refuge was a valuable asset, the lack of additional revenue funding available through Supporting People meant that it was not possible to develop any of the other domestic abuse services which partners and stakeholders had identified, and therefore the number of women who could be assisted and supported was minimal. Furthermore, the shared accommodation aspect of the refuge was not popular and in their exit interviews a significant number of clients commented that this was part of the reason why they chose to leave and find alternative accommodation or return to their partners. 2.4 Through the work of the Cotswold Domestic Abuse Forum and the backing of Supporting People it was agreed that a remodelling of the service was appropriate and timely. 2.5 To that end the refuge was closed down and the money was diverted to the Cotswold Women’s Service, which opened in April 2007. This service provides outreach and support to Women across the district and to date has received 32 referrals and provided support to 17 women. Cotswold Women’s Service is supplemented by two further projects:

3. Sanctuary Scheme 3.1 This project has been jointly funded by the District Council, Safer Cotswolds and the Police and makes Women’s homes more secure by undertaking building works that make it diYcult for unwanted visitors to gain access to the property. This may include new lock, stronger doors, security lighting etc. Since the project started in April 2007 the scheme has assisted three women, enabling them to remain in their own homes and avoid homelessness.

4. Cotswold Virtual Refuge 4.1 In partnership with Fosseway Housing Association it has been agreed that 4 self contained properties at any one time will be provided for Women fleeing domestic abuse. The Women will receive support from Cotswold Women’s Service whilst they are in the properties and if accepted as homeless will have the opportunity to remain in the property or will be assisted to bid for other properties in the district (through Choice Based Lettings) or helped to find alternative accommodation out of district if they so choose. The property is then either reused by another woman or if the client has remained, the property is replaced by another. 4.2 The advantages of this scheme are that because the women have a self contained property the anonymity of their address is maintained to a much higher degree, also the composition of the family is not an issue (ie if there teenage boys in the family). In addition the properties can be made secure through the use of the Sanctuary Scheme. 4.3 Gloucestershire Supporting People have recently acknowledged that there is still a need for refuge provision in the County but they are also interested in the progress of the Cotswold Outreach and Virtual Refuge scheme and may consider using it in other parts of the County. 4.4 A working group from the multi agency Cotswold Domestic Abuse Forum helps to oversee the work of these projects and is able to identify gaps in service for the wider forum to consider. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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4.5 The following action and evidence focuses on current and planned work for Cotswold District both locally and as part of the wider County Domestic Abuse Strategic Forum:

5. Public Education and Awareness-raising — Car park ticket campaign. 80,000 car park tickets are to be distributed across Cotswold District during November and December 2007, advertising local domestic abuse services on the back of the ticket (this is the second time this campaign has been run). — Local radio interviews (Corinium Radio broadcasting to Cirencester) to raise awareness of domestic abuse and the services available (the interview will coincide with the domestic abuse awareness week in the south west) — An awareness raising session with the local GP forum, encouraging GP’s to signpost to the Cotswold Women’s Service. — Multi agency awareness raising training for relevant partner agencies in the Cotswolds. — Local domestic abuse information leaflets produced and distributed across the district. — Links made to county and regional campaigns including the South West domestic abuse awareness week.

6. Police Powers and Legal Protection for Victims — Introduction of Multi Agency Risk Assessment Conference (MARAC). This is a Police led initiative in Gloucestershire, with a focus on identifying and supporting victims at the highest risk in order to prevent serious harm. — MARAC training for relevant members of the Cotswold Domestic Abuse Forum. — MAPPA. — Cotswold Women’s Service will signpost and support women to obtain legal assistance.

7. Criminal and Civil Justice Processes, including the Specialist Domestic Violence Court Programme — Introduction of the Gloucestershire Specialist Domestic Violence Court Programme. — Use of police risk assessment MARAC process to identify and support victims identified at high/ very high risk of harm. — IDVA funding to supporting victims as witnesses through the Criminal Justice Programme (currently there is only funding for one post for the whole county). — Cotswold Women’s Service is supporting women whilst they obtain non molestation orders and occupation orders.

8. Support for Victims, including Finance and Refuge Services — Cotswold Women’s Service are able to support Women in a variety of ways including helping them with benefit claims and helping them to explore their housing options. — Virtual refuge and sanctuary available to Women in the Cotswolds. — Weekly domestic abuse support group for women held in the Cotswolds. — Potential to use the CAF when rolled out across the county as part of the Change for Children Programme.

9. Perpetrator Programmes — IDAP countywide scheme linked to county sentence programme. — A steering group has recently formed with the aim to develop a community based perpetrators programme closely focused on children and young people, working in partnership with the Police MARAC process and Safeguarding Children’s Board.

10. Multi Agency Approaches and what Barriers Exist to their Effective Operation — Quarterly meetings of the Cotswold Domestic Abuse Forum. — Regular meetings of virtual refuge/sanctuary sub group. — Regular meetings of the County strategic forum and associated sub groups. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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10.1 The partnerships that have been developed in the Cotswolds have been productive mainly due to a commitment from the relevant agencies to deliver the services that meet the needs of the clients. 10.2 However, there are still a number of outstanding barriers and gaps both locally and across the county which have been identified, these include: — The increasing number of cases of women with duel diagnosis (eg women with a mental health problem or drug/alcohol problem). The high support required, makes it diYcult to accommodate these clients and provide enough support to enable them to maintain their accommodation. Work needs to continue with other existing Supporting People funded services to ensure cross provider support is provided for complex cases. — The CCR is continuing to work with the Children and Young People Directorate to develop support within the refuges and virtual refuge for Children. — There is a lack of recognition of virtual refuges within the BVPI 225. 1 October 2007

APPENDIX 18

Memorandum submitted by Paula Harding, Pan-Birmingham Domestic Violence Co-ordinator

Introduction—The Birmingham Context 1. Birmingham’s agencies recognise the significant advances that have been made in the last ten years in tackling the issue of domestic violence. As domestic violence co-ordinator for the city, particularly acknowledge the lead that the Inter-ministerial Domestic Violence Group has taken in the development of new legislation, harnessing good practice and cross/multi-agency work. 2. Birmingham’s strategy has endeavoured to seize this leadership baton and drive the momentum at a local level. The City has a strong history of partnership working, particularly in its relationship with its third sector in domestic violence. Indeed this year, our third sector relationship has been recognised through Beacon Status and it is our intention to share good practice in multi-agency working in domestic violence nationally. 3. Birmingham has a richly diverse population circa one million with some thirty% of its population from Black and minority ethnic communities, both emerging and established. As the largest authority in Europe it hosts nine police operational command units, three Primary Care Trusts and eight Multi-Agency Risk Assessment Conferences. It is within this complex environment that we have embarked upon implementing the government’s domestic violence agenda for multi-agency, cross departmental and integrated services. The initiatives that we have developed and the lessons we have learnt will hopefully inform the Committee.

Multi-agency Principles 4. Birmingham was the first area to adopt through the Crime and Disorder Partnership, multi-agency principles and minimum standards of working in domestic violence. At the heart of these principles was the recognition that domestic violence is a gendered crime. Although individual agencies will often be providing services to anyone experiencing violence or abuse, in partnership, agreement was reached that strategic initiatives would be diminished by marginalising the gender dimensions. This recognition has driven Birmingham’s strategic and operational partnerships since and enabled us to focus on woman-centred and children-centred responses to those experiencing domestic violence and oVender management responses to abusers.

Justice Responses—Legislation and Specialist Domestic Violence Courts 5. Birmingham’s agencies have welcomed the recent legislation which has come into being including the Domestic Violence, Crime and Victims Act 2004, the Female Genital Mutilation Act 2003 and the Forced Marriage Act 2007 as signalling that domestic violence will not be tolerated and oVenders will be brought to justice. 6. Birmingham hosts the largest Specialist Domestic Violence Court (SDVC) in Europe, running between three and five court rooms to capacity each day. Birmingham’s service providers have welcomed the SDVC initiative, together with the intention to standardise the specialist nature of the Court service through satisfaction of the prescribed eleven components. 7. In order to embed this initiative most successfully, and to take account of the impact of domestic violence before ALL court jurisdictions, including criminal, civil and family, the Committee may wish to consider standardising, and making compulsory, regular training for magistrates, justices” clerks, lawyers and practitioners in ALL courts, not only those sitting on the SDVC. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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8. The SDVC model rightly places the role of independent domestic violence advisors (IDVAs) central to the success of the courts in this matter. Indeed early outcome analysis within Birmingham has shown that the IDVAs have significantly contributed to increased safety for women (self-assessment). However, funding for this new initiative has been woefully incommensurate with need. See below.

Justice Responses—Civil Orders 9. In Birmingham, the City Council has been pioneering a new form of civil action to tackle domestic violence, in partnership with West Midlands Police and specialist third sector organisations. 10. Birmingham Domestic Violence (Civil Orders) Partnership arose out of the recognition that the number of domestic violence cases which could not be brought before the criminal courts was considerable. The Partnership determined that the Council could bring legal action against perpetrators on behalf of woman aVected, children, and families and indeed also on behalf of the wider community which pays such an enormous price, through both the cost of policing and the National Health Service, as a consequence of the significant and damaging eVects of domestic violence. 11. Some 50 cases have now been, or are being, taken to court by the Council on behalf of the Community Safety Partnership—all successfully. Perpetrators are being held to account and Injunction Orders obtained to protect the women and children aVected—men as well although this is much less common. If Court Orders are breached then perpetrators are liable to be, and have been, sent to prison for contempt of court. 12. From the outset the Partnership has upheld the primacy of the Criminal Justice System where prosecution is possible and has taken particular care to ensure that issues of confidentiality, data protection and the safety of women aVected and children of the family are fully considered. 13. Birmingham’s civil order project has provided an innovative opportunity to drive forward both the Council’s key theme of developing a safer City and the wider national agenda of integrating civil and criminal responses to domestic violence.

Justice Responses—Visual Evidence for Victims 14. In 2003 Birmingham launched its Visual Evidence for Victims scheme whereby victims who felt unable or unwilling to report domestic violence to the police could approach a range of voluntary agencies and health services have physical evidence of their injuries photographed in line with the continuity of evidence requirements. 15. As well as leading to successful prosecutions, victims have reported feeling empowered and able to use the fact that evidence is lodged with agencies as a means to redress some of the power imbalance that the use of domestic violence perpetuates. 16. The scheme is now being taken up across the West Midlands.

Integrated responses—Birmingham Women’s Safety Unit 17. Birmingham’s Safety Unit is unique nationally in its endeavour to integrate civil and criminal justice as well as being pivotal to achieving the broader statutory targets of reducing homelessness. The service, which is managed on behalf of Birmingham Community Safety Partnership and Birmingham City Council by Birmingham & Solihull Women’s Aid currently includes: — Independent domestic violence advisors (including language specialists) (criminal justice). — Independent domestic violence advisors (civil justice). — Civil orders case-builders (Birmingham City Council). — Civil orders litigators (Birmingham City Council). — Independent home options workers (providing front-line homeless service to all women experiencing domestic violence and threatened with homelessness in the city). — Single referral pathway to refuges in Birmingham. — Helpline. — Children’s workers (NSPCC). — Funding being secured for specialist substance abuse workers and specialist mental health workers. 18. This Unit sits alongside and enables access to a broad range of specialist services, particularly in our third sector. The opportunity, through wrap around services, to clear the pathways between criminal, civil and family justice is already demonstrating beneficial outcomes for women and children using the service and enhancing the skills across the sectors involved in domestic violence. It is the ambition of the Unit to further introduce co-located statutory services in the coming year where this will enhance the safety of women and children. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Integrated Responses—Focus on High Risk Victims 19. Birmingham has acknowledged and welcomed local and national drivers by the Police to raise standards through the implementation of risk assessment in domestic violence. In observation of national models, concerns have been expressed that the risk assessment tools are being used as a means of rationing services rather than providing an evidence based woman or child centred approach to responding to risk. 20. Discussions within our inter-agency domestic violence have noted that we have not been alerted to any evidence that demonstrates: — That risk assessments have any predictive merit. Evidence from the United States (Gondolf et al) seems to indicate that risk assessment has its uses for galvanising attention to potential risk but not in predicting future risk. — That domestic homicide has been prevented through application of their use. Anecdotal evidence appears to indicate that those at greatest risk have not approached services at all. 21. The Forum has discussed the need for some transparency over the thinking about risk which has led to this new way of working. Our agencies alert us to the dangers that, given the scarcity of resources, the focus on high risk may preclude services to those who are ready to engage with them as well preclude much of the early intervention and preventative work for which there remains a strategic imperative. 22. The Forum has also discussed concerns from its members over Multi— Agency Risk Assessment Conferences (MARACs). Analysis over outcomes would be welcomed as there is anecdotal evidence that women’s understanding of the widespread sharing of information between agencies could result in them failing to report future incidents of domestic violence and inadvertently lead to greater risk. The scarcity of funding for victim advocates in this setting may be seen as further alienating women as victims from the process. 23. Nationally, there remain ambiguities between the role of MARACs, MAPPAs, MARAPs and PPO Forums in domestic violence oVender management. Significantly greater attention is focussed on encouraging women to exit violent relationships through multi-agency work rather than curtailing the oVender through multi-agency oVender management.

Education and Prevention 24. There seems little dispute that the prevention of domestic violence through education must be a fundamental strategic imperative and raises concerns that there is much local discretion allowed within current targets set by the Best Value Performance Indicator for local authorities. 25. In this vein, there have been many calls for a national programme for schools as part of the national curriculum raising awareness of domestic violence and building relationships based upon respect and equality. This would necessarily be accompanied by national guidance to school staV.

Training 26. Training in domestic violence needs to stretch as wide amongst the professions as the harm that domestic violence causes. It is argued that this is best achieved through a national co-ordination of training strategies which at minimum would require domestic violence to be a mandatory element of all professional training and education for those working in social, health or justice settings.

Health 27. The unique position of health services in enabling early intervention into domestic violence is well observed within the National Reduction Plan. Significant advances have been made in the development of screening programmes within key health services. However, it is observed that without a nationally driven imperative to institute screening programmes, particularly in Ante natal, Gynaecological, Accident and Emergency and amongst G.P.s, development in this area, nationally, has and will remain patchy

Women with no Recourse to Public Funds 28. Women with no recourse to public funds who experience domestic violence experience perhaps the greatest risk and vulnerability of all. Agencies, both statutory and voluntary, invest a large amount of time, eVort and ingenuity to support women but often have their hands tied by the currently restrictive legislative regime. 29. Birmingham is currently undertaking research into the impact upon women and the impact upon the city, both social and financial, of its endeavours to protect and assist. Ultimately, our local best eVorts will not protect women without a change in the law, and women with no recourse will continue to be faced with the choice of destitution or abuse. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Resources

30. There remains much disappointment that the commitments of National Domestic Violence Reduction Plan have not been matched with funding. Over the last two years, public announcements have been made of “new money” for domestic violence resulting in circa £4 million being shared nationally. Birmingham’s receipts in this area may be seen as typical and are provided for illustration only. — Birmingham has a population of 1 million with an annual reported incident rate of domestic violence to the police circa 17000. Estimates from the British Crime Survey would reveal 35000 women will experience domestic violence per year within the City. — A central tenet of the National Plan is the establishment of independent domestic violence advisors to serve, in our city, up to five daily Specialist Domestic Violence Courts and eight Multi-Agency Risk Assessment Conferences. Last year Birmingham was awarded £40k for these independent domestic violence advisors, equivalent to 1.3 posts. 31. There are many critical funding pinch points for domestic violence, many of them around children. For example, there is no national strategy for funding essential children’s work in refuge nor for therapeutic work with children and young people. 32. Likewise specialist therapeutic work with women to deal with the trauma of abuse is nationally under resourced and complex needs significantly under recognised within mental health or substance abuse services. 33. The next round of Local Area Agreements sees domestic violence competing for recognition within the restricted number of objectives for each area. Nationally we will be likely to see the perpetuation of domestic violence as the “Cinderella service” as strategists fall shy of this outcome and measurement unfriendly issue. The better our services are, the better our communications are—the more likely women are to report and repeatedly report their experiences—the heavier the burden upon our criminal justice, family and children’s services—the continued diYculty we will have in measuring whether our communities are safer for our interventions. 34. The task for the next decade becomes firstly listening to what women and children need and constructing outcome measurements from what they tell us helps them be safe and keep their children safe. Secondly recognition is needed that good practice only goes so far. Compulsion is needed, with the resources to match from national, ministerial level to enable our services to meet the challenge. Never has an issue made the case so strongly for an invest to save approach, in both social and economic terms. 1 Ocotber 2007

APPENDIX 19

Memorandum submitted by Children Are Unbeatable! Alliance

Executive Summary

1. The Children Are Unbeatable! Alliance is an alliance of organisations and individuals which campaigns for the UK to satisfy human rights obligations by modernising the law on assault to aVord children the same protection as adults. The more than 400 organisations supporting the Alliance include Refuge, Relate, Victim Support, Women’s Aid Federation for England and Welsh Women’s Aid (see www.childrenareunbeatable.org.uk). 2. With reference to the terms of the inquiry, this submission addresses primarily the eVectiveness of existing legislation and public education and awareness-raising. In particular, it focuses on the need for further legal reform and the need to recognise that violence against children in the home should come within the definition of domestic violence. 3. Children as people have the same right to respect for their physical integrity and human dignity and to equal protection under the law as adults. Government action on domestic violence should include law reform to give children the same protection from assault in the home as adults—through the removal of the defence of “reasonable punishment”. Public education and awareness-raising on domestic violence should include the promotion of positive, non-violent parenting. 4. The concept of domestic violence underpinning the Government’s actions to date revolves around violence between partners. The harmful eVect on children of witnessing assault between adults in the home is now legally recognised. It is a serious anomaly that the law fails to equally protect children from being directly assaulted in the domestic setting. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Equalising Protection Under the Law on Assault 5. Currently, the law fails to protect all persons in the home from violence. Legislative provisions on assault clearly mean that violence inflicted on an adult is unacceptable. But section 58 of the Children Act 2004 allows physical violence to be inflicted on children under the guise of “reasonable punishment”. Section 58 retains possible use of the defence for parents and some other carers charged with common assault on children; it removed the defence in relation to charges of actual bodily harm, grievous bodily harm, wounding and ill-treatment. The retention of the defence in relation, uniquely, to common assault on children breaches children’s equal right to respect for their human dignity and physical integrity and to equal protection under the law. Section 58 sends out a dangerous message about the acceptability of violence against children. All physical punishment of children is unsafe. Too often it escalates and parents hit harder. The Department for Children, Schools and Families is carrying out a review of the impact of section 58; the overwhelming majority of submissions from professionals and professional organisations to the consultation have argued that the defence should be removed completely. 6. Section 58 also sends a confusing message to children—the adults in the home must not hit each other but they may hit the children. This undermines messages in initiatives to end domestic violence that all violence is unacceptable because it re-aYrms parents’ “right” to assault their children. It presents confusion rather than clarity for those working against domestic violence. The only human rights compliant, safe, consistent and just message for the law to send parents is that all physical punishment of children is wrong. The Government now states that it does not condone physical punishment of children by parents. It now needs to act to ensure a consistent legal framework, compatible with its human rights obligations. 7. If the “reasonable punishment” defence is removed completely from legislation, children will have the same protection as adults from being hit or “smacked”. Giving children equal protection means criminalising assaults on children in the same way and to the same extent as assaults on adults are criminalised. Under the Domestic Violence, Crime and Victims Act 2004, common assault is an arrestable oVence in England and Wales. In arguing that children should have equal protection from assault, we are not suggesting that parents should be arrested when it is suspected that physical punishment has been used. 8. While any report of violence against children has to be investigated to ensure that the child is not suVering or at risk of suVering “significant harm” (the threshold for formal investigation under section 47 of the Children Act 1989), arrest and prosecution of parents for minor assaults would be in the best interests of children only in the most exceptional circumstances. Rather, a range of responses should be developed to ensure that physical punishment is not used by parents, with prosecution and other formal interventions reserved for cases in which they appear to be necessary to protect a child from significant harm and to be in the best interests of the child. Guidance accompanying equal protection could emphasise how the law should be implemented in an educative way, supportive to parents and in the best interests of children.

The Human Rights Obligation to Ensure Equal Protection for Children 9. The UN Committee on the Rights of the Child, monitoring the UK’s compliance with the Convention on the Rights of the Child, has twice recommended equal protection to the UK, in 1995 and 2002. In its 2002 report on the UK, the Committee stated: “. . . governmental proposals to limit rather than to remove the “reasonable chastisement” defence do not comply with the principles and provisions of the Convention. . . , particularly since they constitute a serious violation of the dignity of the child.”69 10. In July 2006, the UN Committee on the Rights of the Child issued a General Comment on the right to protection from corporal punishment. This reminded all States which have ratified the Convention on the Rights of the Child, including the UK, that equal protection for children is an “an immediate and unqualified obligation”. The Committee stated: “. . . the Convention requires the removal of any provisions (in statute or common—case—law) which allow some degree of violence against children (eg “reasonable” or “moderate” chastisement or correction), in their homes/families or in any other setting.”70 11. The UN Committee on Economic, Social and Cultural Rights has also recommended that the UK prohibit physical punishment of children in families, stating in 2002: “Given the principle of the dignity of the individual, which provides the foundation for international human rights law . . . the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child . . ..”71 12. In 2005, the European Committee of Social Rights found UK law to be in breach of human rights obligations under the European Social Charter, concluding that “since there is no prohibition in legislation of all corporal punishment in the home, the situation is not in conformity with Article 17 of the Charter”.72

69 Committee on the Rights of the Child, concluding observations on the UK’s initial and first periodic reports under the Convention on the Rights of the Child, CRC/C/15/Add.34, 1995, paras. 16 and 31; CRC/C/15/Add.188, 2002, paras 35–37. 70 Committee on the Rights of the Child General Comment No. 8 “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia)” Full text at www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.GC.8.En?OpenDocument. 71 E/C.12/1/Add.79, concluding observations on the fourth report of the UK, the Crown Dependencies and the Overseas Territories, para.36. 72 July 2005, Conclusions XVII-2 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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13. The report of the UN Secretary-General’s Study on Violence against Children, presented to the General Assembly in October 2006, calls on all countries to prohibit all violence against children, including all corporal punishment, including in the home, by the year 2009.73 Sixteen European countries have enacted legislation which gives children equal protection from assault—Austria, Bulgaria, Croatia, Cyprus, Denmark, Finland, Germany, Greece, Hungary, Iceland, Latvia, Netherlands, Norway, Romania, Sweden and Ukraine—and at least nine others have made public commitments to full prohibition. In 2007 New Zealand became the first English-speaking country to give its children equal protection. (Further information at www.endcorporalpunishment.org) 14. Within the UK, removal of the defence of “reasonable chastisement/punishment” has been recommended by the UK’s Children’s Commissioners (2006), the independent Commission on the Family and Wellbeing of Children (2005), the National Assembly for Wales (2004), the UK parliamentary Joint Committee on Human Rights (2003) and the House of Commons Health Select Committee (2003). In a joint statement made in 2006, the UK Children’s Commissioners wrote: “Children have the same right as adults to respect for their human dignity and physical protection and to equal protection under the law, in the home and everywhere else. There is no room for compromise . . ..”

Rationalising the Scope of “Domestic Violence” 15. The concept of domestic violence underpinning the Government’s actions to date revolves around violence between partners. The harmful eVect on children of witnessing assault between adults in the home is now legally recognised. It is a serious anomaly that the law fails to equally protect children from being directly assaulted in the domestic setting. 16. It is crucial that the scope of the Government’s legislative actions on domestic violence be extended to fully encompass all violence against children in the home. This requires first and foremost that children be given the same protection from assault in the home as adults through the complete removal of the defence of “reasonable punishment”. It also requires that all potential victims of violence in the home—including children—be included in the definition of domestic violence, and that public education and awareness- raising on domestic violence include the promotion of positive, non-violent parenting skills. In Wales, the National Assembly has adopted a definition of domestic violence which includes direct violence inflicted on children. The National Assembly also supports complete removal of the “reasonable punishment” defence to give children equal protection; devolved powers do not as yet enable the Assembly to enact this reform. 17. The Government’s actions on domestic violence to date, while positive in many respects, bypass completely one of the key factors contributing to violent behaviour—physical punishment by parents. It is not uncommon for men to “justify” hitting or slapping their partners by referring to women’s behaviour, as if they somehow “deserved” to be hit as punishment for some wrongdoing. The very notion of hitting as a punitive response to another person’s behaviour is deeply ingrained because it is legally and socially accepted in bringing up children. The law now rightly recognises that, whatever an adult’s real or perceived “misbehaviour”, physical violence is an unacceptable response. Extending that legal protection to children—those who are especially vulnerable to violence—is long overdue. 18. Too often violence against children is disguised as discipline. But physical punishment of children by parents in the domestic setting is domestic violence. And a home where children are allowed to be hit by adults can never be violence-free. 1 Ocotber 2007

APPENDIX 20

Memorandum submitted by T H Aldridge 1. This submission is mainly concerned with criminal and civil justice processes, but it includes references to the police and multi-agency matters. 2. In his conference speech on 24 September, the Prime Minister denied that Britain has a fragmenting society and he quoted the Bible in support of his policies. But other people can quote the Bible too. If Mr Brown turns to the front of his Bible he will find that God punished Eve by making her subservient to her husband. The ten commandments require sexual morality. God obliterated Sodom and Gomorrah because they indulged perverted sexual practices. Even Jesus chose twelve men to be his disciples. 3. The diVerence between Britain now and past societies, British and others through-out the world irrespective of religion, is that they all had marriage and patriarchy. These ensured stability. But now in Britain, marriage has been fatally under-mined, patriarchy is being deliberately destroyed, and, for the last ten years has been among the leaders of this process.

73 Report of the Independent Expert for the United Nations Study on Violence against Children, Paulo Se´rgio Pinheiro, A/61/ 299, paras. 97 and 116; see www.unsvac.org Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4. The claim is that men in the past abused their strength and enslaved women. Men and women, so we are told, have identical abilties. Only a fool could truly believe that, but that is the basis of the Sex Discrimination Acts. We have laws founded on biological fallacy and one conesquence of this attempt to defy human biology is the huge increase in domestic violence. While the Government claims to abhor domestic violence, it pursues policies which increase the circumstances in which it flourishes. 5. Laws founded on biological fallacy require other laws to back them up. The Domestic Violence Crime and Victims Act 2004 is one such. The National Domestic Violence Delivery Plan Progress Report 2005/06 states that this law is proposed to “impact” on domestic violence by “Enabling courts to impose restraining orders on acquital for any oVence (or, if a conviction has been overturned, on appeal)[my underlining] if they consider it necessary to protect a victim from harassment” (page 29). This establishes a new legal principle as follows: if an alleged perpetrator is found not guilty by a court of law, his freedom can nevertheless be restricted if the judge feels inclined to do so. 6. It is an attack on British freedom, and, make no mistake, on the freedom of men, not women. The word “Victim”, in the eyes of the government and some courts of law, means “Woman”. Men are deemed to be the perpetrators. The only proof the family courts require is the allegation of a woman. 7. The British establishment denies that the physical and mental diVerences between men and women prevent them from having identical abilities. It pretends that women have a more important function in life than giving birth and raising children. Men have been cast in the role of the villains of society, blamed for the consequences of the denied biological diVerences between the sexes. 8. This is Marxism applied to sex. But Marxism has failed. The Soviet Union imploded. Most of the former communist countries have abandoned national-isation for private enterprise. Those that have not remain in abject poverty. 9. Sexual Marxism has also failed. British society is fragmenting. Men and women can no longer live together long enough to raise their children as Nature intended that they should. This has resulted in the wholesale neglect and emotional deprivation of children. 10. Neglected and emotionally deprived children grow to adulthood and in turn breed neglected and emotionally deprived children. These people form an underclass in which under-aged and teenaged girls give birth, and under-educated boys and young men are unemployed and commit violent crime. In Britain that underclass is now so big that it is undermining social stability. The police can no longer enforce law and order. 11. Almost daily someone is shot or stabbed to death. In many areas gangs rule the streets. The Daily Mail of 22nd September carried an article on a boy of 15 who is leader of a gang in Manchester. He does not go to school, makes about £100,000 a year dealing in drugs, carries a knife, has access to guns including a machine gun, and is feared even by men in the same culture. His mother takes drugs and has no control over him. That is the situation with most of the other boys in his gang. The article claimed that there are some 200 such gangs in the country and they are no longer just in large cities. 12. No human society can survive such a state of aVairs for long. The fiction, that men are violent and women are their victims, is at the root of the drive against men, in spite of the sexually neutral language of legislation and other written documents. Until now, all protests at the stupidity and injustice of this situation have been peremptorily brushed aside. The Government and the Family Courts have denied bias and injustice. But, these policies have been extremely socially destructive, causing huge damage to children, hence the crisis of law and order, as well as educational incompetence and a host of other problems. 13. This inquiry has been set up to investigate how measures to reduce domestic violence are progressing. But the strategy to demonise and criminalise men is counter-productive. It actually creates the conditions in which domestic violence flourishes. The inquiry has been overtaken by events. We are slipping into anarchy and chaos. If the descent into anarchy and chaos cannot be averted, then the Government will no longer control the agenda. 14. The Committee can dutifully carry out an exercise to find out how well the imposition of a biological lie is succeeding, and risk seeing the law and order situation spiral out of control. Or it can abandon the Government’s approach to reducing domestic violence, establish the facts behind family breakdown and the epidemic of violent crime we are now experiencing, and make radical recom-mendations to Government for averting the impending disaster. 15. Domestic violence, in common with wars, poverty, murder and robbery, will always be with us. All we can do is reduce the circumstances in which it flourishes. The government’s own statistics show that domestic violence, both to men and to women, is least likely in heterosexual marriage (see the Home OYce’s own Domestic Violence website). 16. Yet everything the Government has done in the social field has been designed to damage heterosexual marriage and to promote the informal and perverted sexual relationships in which domestic violence flourishes. The Family Courts, social services and all the other apparatus of social policy enforcement are geared to this policy. Quite apart from the unsustainable social damage, the legislation is an attack on the principles of innocent until proved guilty and the right of Britons not to be imprisoned without proof beyond reasonable doubt. These are principles for which this country was once renowned and respected. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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17. If this inquiry is to reach any useful conclusions it will have to arrive at a truth which is being wilfully concealed. Even such things as police records, which should record facts, are distorted, because many men are unwilling to report being victims of female violence. Those who do seek the protection of the law may find that they are ridiculed, or even themselves arrested by police and removed from their homes. If they should be unwise enough to try to defend themselves from their violent women, those women may then call the police and have them arrested as the perpetrators of the violence. There could hardly be better disincentives to men to report the criminal acts of the women who assault them. 18. It is very important that this Committee should establish the truth about domestic violence because the fiction of only male on female violence is counter-productive. It increases domestic violence. Women are encouraged to make false allegations in secret courts so that they will be given the marital home and care of their children. By their perverse decisions the courts are oVering financial inducements to women to break up marriages. But children living with mother or father and an unrelated adult are at much greater risk of violence, including sexual violence. (The Cost of Family Breakdown, page 57, (see para.22) gives a figure of violence to the child as being some 33 times more likely compared with a child living with its married natural parents). 19. Chapter 2 of the book, Divorce, published in 1997 by the United Kingdom Men’s Movement (ISBN 1 900616 05 X) was written by a practising solicitor, Adrian Pellman, and exposes what was then happening in these closed door courts. In the last year or two there has been some sign that the courts are beginning to address the problem of resident parent mothers who defy court orders and frustrate contact between separated fathers and their children. (This is itself very serious mental domestic violence against both the children and their fathers.) 20. However, the hostility to men and the confiscation of their property goes on. These courts deliberate behind closed doors and reward false accusations and the wives” infidelity. The judges use judicial discretion to frustrate the intentions of Parliament, which never intended that men should be stripped of their property by deserting wives. Their iniquitous rulings encourage divorce, damage children and increase the likelihood of domestic violence. Those are some of the conse-quences of attempting to make a fairer society by denying biological fact. 21. Other evidence of malpractice, by judges and lawyers, is provided by pages 10 to 12 inclusive of a Report to the Lord Chancellor in 2000 by the Children Act Sub-Committee of the Advisory Board on Family Law. The sub-committee put forward a definition of domestic violence which was not “gender” neutral in spite of the fact that the seven people on it included a judge (the chairman) and two senior lawyers. The corrected “gender” neutral version nevertheless implied that the residential parent, the vast majority of whom are mothers, would be the one suVering the violence. 22. Pages 19 and 20 of The Cost of Family Breakdown, published in 2000 by the Family Matters Institute, deal with how easy divorce has become and its eVects on fathers and children. 23. “Whereas divorce was once limited to cases of irreparable breakdown, it may now happen because a “more desirable” partner has been located. The welfare of children is deemed irrelevant. As a result of divorce, many children will lose contact with their father, particularly if he is denied access rights. 30% of non-resident fathers have no contact with their children.” 24. It quotes David Popenhoe, an American academic. “Father absence is a major force behind many of the attention-grabbing issues that dominate the news: crime and delinquency; premature sexuality and out of wedlock teen births; deteriorating educational achievement; depression, substance abuse and alienation among teenagers; and the groing number of women and children in poverty.” It comments that “it is beyond dispute that one of the major causes of father absence is divorce” 25. Researchers at Oxford University comment, “Couples with children tend to stay together longer before separating if they have signed the marriage contract. Divorced fathers are more inclined than absent and unmarried fathers to play an active role in the continued upbringing of their oVspring. If the welfare of children is paramount, then it is social heresy to assert that all lifestyles are of equal value”. 26. That last paragraph should be particularly noted, because the position of the Government, the family courts and all the child protection professions is just that: that all lifestyles are of equal value. But it is not only children who suVer outside marriage. The informal relationships are all much more violent. Within the marriage of their natural parents, not only children, but also the adults are very much safer. 27. The decline of morality and marriage, regarded by many as irreversible, is the cause of huge increases in domestic violence. When the Government pretends to abhor domestic violence, and passes laws which infringe the freedom of men, it is quite intentionally undermining heterosexual marriage. Since in all other relation-ships domestic violence is more likely, it is a self-defeating Government policy. 28. Unless something is done very quickly to arrest and reverse family breakdown (long term solution), and to restore proper policing on our streets, we face a future of mob rule, in which hard working, law- abiding citizens have no protection from criminals. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Executive Summary 29. Domestic violence will never be totally eliminated. All that can be done to reduce it is to promote the conditions where it is least likely to occur. Those conditions only exist within formal heterosexual marriages. 30. Domestic violence is not just a male on female phenomenon as the Government, the family courts, social services and the police pretend and would have us believe. Women use weapons to overcome physical inferiority (30 men a year are murdered by women) and they also use psychological violence, such as denying fathers contact with their children. 31. Almost without exception, those people, authorites and organisations which make such a fuss about domestic violence, and the need to stop it and punish perpetra-tors, are themselves promoting the conditions in which violence flourishes. This is true of the Government, the family courts, and the social services. The police have a policy of removing men from the home even when the men are themselves the victims of the violence. 32. In order to try to prevent the violence it has itself promoted, the Government has enacted laws which contravene the principles of innocent until proved guilty and that no one should be imprisoned without proof beyond reasonable doubt. These threaten proud British traditions of freedom. 33. The whole fiasco of the decline of marriage, and treating men as inherently violent, is the result of trying to apply Marxist theory to sexual diVerences. It is resulting in the neglect and emotional deprivation of children on a massive scale, as well as undermining the legal basis of British freedom. Socially alienated teenagers and adults are now causing chaos and undermining law and order. 34. The Home AVairs Committee should properly investigate who perpetrates dom-estic violence, the circumstances in which it flourishes, and make practical re-commendations to Government for its reduction. These should include accept-ance of the fact that men and women do not, and cannot have identical abilities, and that the raising of children in a stable, safe environment (heterosexual marriage being the only such environment), is essential to a stable society. 1 Ocotber 2007

APPENDIX 21

Memorandum submitted by Imkaan

Executive Summary This submission by Imkaan is based on the experiences of 25 BAMER74 refuges and outreach services obtained through self-completion questionnaires, telephone interviews and regional meetings; and on telephone interviews conducted with seven Local Authorities.

1. Support for “victims”, including finance and refuge services — The Quality Assessment Framework is seen as a generic model, and the Value For Money comparisons and benchmarking are viewed as biased towards economies of scale, which neither understand nor include the additional costs of providing specialist services, leading to unfair comparisons. — Funding for specialist services is under threat, as the national nature of refuge provision is unrecognised under LAA. Given the high support, including mental health needs of many BAMER women, the lack of funds for therapeutic, outreach, children and young people’s services and for women with No Recourse to Public Funds (NRPF) is of particular concern. — Groups are extremely concerned about the diversion of funds from refuge services under LAA and the impact of LAA targets on future BAMER provision. — The trends towards decommissioning, mergers and partnership bids are disproportionately threatening BAMER services. 2. Multi-agency approaches, and barriers to eVective operation — Some concerns are lack of BAMER presence in MARACs; issues about capacity of smaller specialist groups and lack of inclusive approaches towards them; the inapplicability of generic models of risk assessments to BAMER women; the exit-centred focus of MARACs which does not reflect the realities of many South Asian women. — The independence and eVectiveness of IDVAs in meeting specialist needs is questioned as is the diversion of funding to IDVAs with its impact on BAMER women facing domestic violence.

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— The applicability of generic models, eg sanctuary schemes to BAMER women living within the community is problematic.

Introduction Imkaan is a national second-tier body that represents the needs of BAMER refuges and outreach services. This paper examines the eVects of Supporting People Policies and recent multi-agency approaches. It is based on the experiences of 25 BAMER services (refuges and outreach) obtained through self-completion questionnaires, telephone interviews and regional meetings; and on telephone interviews conducted with 7 Local Authorities.

1. Support for “victims”, including finance and refuge services Supporting People Policies raise a number of concerns for specialist services:

1.1 Quality Assessment Framework (QAF) and Value For Money (VFM) comparisons and benchmarking The QAF is seen as a “one size fits all” tool which does not accurately reflect specialist support provided by BAMER services. Quality is assessed in VFM terms which favour large mainstream providers that are better able to demonstrate economies of scale but do not necessarily provide better quality services.75 The additional costs of providing specialist services are neither understood nor included, leading to unfair comparisons: “Our referrals come with higher support needs, including practical daily living skills taken for granted by users of generic refuges.” “The SP service review . . . could not understand why our approach—in interpreting or advocacy—might be diVerent for women who may not have an understanding of the way the currency works, how to use public transport or have a sense of entitlement”.

1.2 Funding for specialist services To avoid being traced by their family and members of their community, BAMER women need refuge spaces located at a distance from their family home. Non-recognition of this national nature of refuge provision under LAA, which focuses on local priorities, is creating particular concern for specialist refuges: “Our LA argue that we hold more bed-spaces than the number of South Asian women here. But our women don’t come from here—it would just not be safe”. The levels of violence experienced by BAMER women are not matched by resources to meet their needs. — Therapeutic interventions are not funded by SP despite the high support needs of many BAMER women. Providing specialist mental health services in a safe and empowering environment helps women to move towards independence and provide cost-eVective services that enable women to sustain their tenancies and avoid having to use other DV services in the future. “If we get a 17 year old, that itself makes it a high support case—living away from home for the first time, benefits take longer to process, housing is non-existent, and there are often mental health needs, issues around self harming. Most women we work with are completely ostracised from the community. Their needs are just not acknowledged. . . our work with high support clients is completely disregarded as SP deems us as housing low to medium risk. SP cut the funds for both our verbal and non-verbal therapy services, which helped women who were too traumatised to access other services. Now some women are on GP waiting lists, but it takes weeks, even months. Women who have attended such sessions have come back to us and said, “They did not understand what I was trying to say.”. — Outreach services are lifelines for the many women and children trapped in abusive relationships and prevented from going out of their homes and are crucial in enabling women to find the strength to leave,i but are seldom funded by SP. Where specialist outreach services have secured SP funding (as in one case in the North West) they have developed and expanded services eVectively. — Children and young people’s services are not funded by SP despite evidence on the impact of domestic violence on them. For BAMER children, staying in a refuge often means complete isolation from their family and other positive social networks. Support for children is crucial not only for their own well-being, but also to enable the mother to sustain her exit from the abusive relationship.

75 Dr R Thiara, Ms S Hussain, Supporting Some People, Imkaan (2005). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Lack of provision for women with No Recourse to Public Funds (NRPF) continues to be of major concern. Between April 2005 and April 2007, our research indicates that 537 women and children were unable to access emergency housing and support from 12 services including refuges and Social Services. Local Authorities remain inconsistent in how they apply statutory criteria, which remains very much a “post-code lottery”. One LA stated, “We oVer to take the child into care and they just melt away.” Another stated, “We work vigorously against providing support to families with NRPF, we only pay when subject to a judicial review. . .”. Where recorded, data from 6 BAMER refuges indicates that of those women not accommodated, 47 had children. Many women are being turned away and have no option but to “disappear’, return to the perpetrator or be deported to face further violence from family and associates.

1.3 Impact of Local Area Agreement (LAA) targets on BAMER services — The diversion of funds from refuge services under LAA is particularly concerning. — Women seldom directly disclose the abuse unless seeking to leave. It is within the context of long term work such as prevention, awareness raising and empowerment carried out by specialist services that many women are able to discuss their experiences and name it as domestic violence. However, funding for these services is being withdrawn across the country. 1.4 The trend towards mergers as part of cost-cutting exercises is having a disproportionate impact on BAMER services. SP teams prefer to contract with large mainstream charities to deliver BAMER services rather than continuing funding arrangements with smaller agencies that evidence a long history and expertise in working with BAMER women, even where these organisations performed well in SP terms. “We were doing so well and were told we were good value for money, we won’t be decommissioned. But then we had this email sent to another refuge—it didn’t even come to us directly—that they (LA) will definitely be tendering. In six months! How much time does that leave us to get the expertise? There has been one four-hour workshop on tendering—that’s just not enough.” Key concerns include: — Lack of consultation during the merger process; — Lack of appropriate representation in the decision-making structures of the parent organisation; — Lack of commitment from the parent organisation in ensuring that the specialist BAMER service is maintained and developed including fewer numbers of specialist staV, and reductions in provision for interpreting and advocacy; — Lack of understanding of the specific needs of BAMER women and children, leading to undue pressure on individual frontline staV to educate senior managers and the organisation as a whole on BAMER needs; and — Remodelling refuges to a generic service or one with fewer spaces for BAMER women and children. A specialist refuge, oVering basic counselling, telephone support, interpreting and advocacy, confidence- building workshops and worked with women who had NRPF. After being taken over by a large, mainstream Housing Association, reductions were made in the South Asian staV team and in advocacy services. The new generic risk assessment model does not take account of BAMER women’s needs and specialist support requirements. Women with NRPF are no longer accepted. The number of cases that have moved on successfully from the project has decreased.

1.5 Partnership bids Under LAA, specialist services are also concerned at being asked to bid with generic services: — They fear that is merger “through the back door”; — The decision-making structures in any partnership may not adequately represent BAMER women, whose concerns may no longer be seen as a priority; and — Where there is a power diVerential between a larger and a smaller organisation, often a specialist service, the partnership can be far from empowering. “In a recent partnership bid, a mainstream women’s refuge was a lead agency and we all agreed that we would all get a certain number of staV from it. When it came through, the generic refuge wanted to employ all the staV and they wanted us to refer any South Asian women that came to us to the generic worker. We would have no control of or say in how the services were delivered, what support was available—it was hardly a partnership.” Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2. Multi-agency approaches, and what barriers exist to their eVective operation LAA herald the end of ring-fencing of SP funds for domestic violence frontline housing and support services.

2.1 MARACs — A lack of BAMER presence in MARACs. Only one of the BAMER services we spoke to participated in a MARAC where a South Asian woman’s case was discussed. “We have suggested that we get informed of any cases regarding South Asian women, but have never been called. Either there have been none in the last 10 months when more than 9% of the population here are of South Asian origin or they are dealing with them through generic services. If there have been no cases, then they also have to ask why.” — Capacity is an issue that prevents smaller organisations from contributing eVectively to the MARAC process. “We cannot spare staV from frontline work. They said it could take all day, so I thought if there is a case that is relevant to us, we could go. But they never tell you which cases are going to be discussed.” — The applicability of generic models of risk assessments to BAMER women is also a matter of concern. Given that models of risk assessment in domestic violence have been developed with a narrow focus on partner or ex-partner violence, the eVectiveness of this model for BAMER women remains untested. “We are supporting a number of high risk women, but they would not come out high risk within MARACs. It’s to do with lack of understanding. . . because the form does not reflect the realities of South Asian women.” — The exit-centred focus of MARACs does not reflect the realities of many BAMER women who may require long term, specialist support to leave the abusive relationship. “MARAC is based on the assumption that the woman will move away from the violence straight away, that is not necessarily going to happen. For a lot of our women, leaving is not so easy— they have concerns about the extended family, stigma and ostracism from the community and the availability of services that can understand them. They need support, often over months and years.” — One BAMER refuge reported concerns about confidentiality where multiple agencies were involved. — There is concern about how women with NRPF fit into the MARAC model. — Given the multiple barriers to disclosure, several organisations questioned the applicability to BAMER women of risk assessment models based on prior disclosure. “Given that often partners or family members are asked to interpret, can she disclose in the same way that a white woman can, even if she wants to?” — Even where women disclose the abuse, MARACs do not necessarily reduce the risk for BAMER women when individual agencies fail to act on their disclosures. “One of our clients approached her GP with stomach ache and disclosed the horrendous physical and sexual abuse which had caused it. Later on, we found that there was no mention of the abuse in her medical records, it only recorded her symptoms. If that capacity and commitment is not there at such services, how does their getting together make any diVerence?”

2.2 Independent Domestic Violence Advocates (IDVAs) A disproportionate number of BAMER women are being left without an eVective outreach service due to the inability of IDVAs to provide an appropriate support to BAMER women. Issues raised include: — Concerns that generic nature of IDVAs means that they will not have the skills and ability to oVer appropriate protection and representation that BAMER services oVer. “There was a training course for IDVAs which I attended, and the issues to do with South Asian women were not touched at all.” — Given the high caseloads of IDVAs, their ability to meet high support or longer term needs of BAMER women was questioned. — Extreme concern about the diversion of funding to IDVAs and its impact on BAMER facing domestic violence. “The LA has just published a handbook on domestic violence which includes contacts of other (generic) refuges in the borough, but not us. Why not? It started with funding being taken away from our advice centre—it’s a move to divert women away from us and towards IIDVAs. From Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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their statistics on referrals, South Asian women don’t seem to be accessing their services. Despite this, they are cutting us out, exposing South Asian women to further violence because they have nowhere to go.” — The ability of IDVAs, who are employed by the LA, to be truly independent is questioned, particularly where representing a woman would involve challenging statutory services, as for a woman with NRPF.

2.3 Sanctuary schemes Some of the issues raised about Sanctuary schemes include: — Their applicability to BAMER women living within the community, given the stigma associated with disclosing abuse and help-seeking. “We are supporting 32 women now, of whom only two could benefit from the sanctuary scheme because of community attitudes.” — Concerns about the diversion of funding from refuge provision. — If Sanctuary schemes are favoured as the cheaper option for women facing domestic violence, many women will be exposed to continuing danger. Groups reported that re-housing women is becoming less of a priority among HAs and LAs, leaving many women to live with constant fear. “When the perpetrator found out about where our client was living, the Housing Association came and put some extra locks. He threw bricks at her house—they came and put panels on the windows. She is petrified that he will come and throw acid on her face (a common form of retaliatory violence among some South Asian communities) or harm the kids. . . ” “MARACs, IDVAs, Sanctuary schemes, specialist courts, perpetrator programmes, operate post- disclosure. Rape within marriage, or not being given money may not always be named by women as domestic violence, as financial abuse. If that understanding is not there, that disclosure will not happen.

Conclusion Across the country, specialist services are concerned that their crucial role is not being recognised or protected, to the detriment of BAMER and children facing domestic violence. Funding cuts and a move towards non-housing based options and generic services are leaving BAMER women and children with less access to appropriate support which ultimately exposes them to further violence and abuse. Current approaches to civil and criminal law need to be reconsidered in the light of the Human Rights Act. Article 3 and 8 from ECHR impose positive obligations on the state to protect all victims of domestic violence, our findings suggest otherwise. The way in which LAAs have developed indicates that the appropriateness of these services for BAMER women has not been considered. We are critically aware that the failure by public authorities (Police, CPS, LAs) to protect a woman known to be in a violent relationship may result in a claim that justice and rights to safety are being eroded and undermined. There must be public accountability for a failure by public authorities to protect BAMER women.

Reference i Thiara, R (2005) “The need for specialist domestic violence services for Asian women and children”. London: Imkaan 1 Ocotber 2007

APPENDIX 22

Memorandum submitted by the Association of Chief Police OYcers of England Wales and Northern Ireland

Response of the Association of Chief Police Officers Honour Based Violence Working Group 1. The past 10 years have seen unprecedented action to tackle domestic violence and other forms of inter- familial violence. A major factor in this has been recognition of the inter-relationship of agencies and level of response for tackling domestic violence and related issues. This has led to new legislation including the Domestic Violence, Crime and Victims Act 2004, the Female Genital Mutilation Act 2003, the Sexual OVences Act 2004 and The Children’s Act most recently the Forced Marriage (Civil Remedies) Act 2007. All three give a clear message that domestic violence in all its forms is no longer acceptable and that Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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perpetrators will be held accountable for their actions. They also have and continue to have a significant impact upon future work in this area with the introduction of legislative changes and imposition of specific duties for Police and other statutory agencies working in domestic violence and child protection fields. 2. Alongside these legislative developments there has also been a significant change in the response of the police to incidents of domestic violence and related issues. This can be seen by the significant work undertaken by Association of Chief Police OYcers (ACPO) to tackle domestic violence and related issues and improve the police response to such incidents by ensuring the safety of victims and those at risk of such violence and by holding perpetrators accountable. 3. ACPO has also led the way in the development of police and multi-agency responses to inter-familial violence in BMER communities often motivated by misplaced and misguided notions of honour and shame. Forced marriage and other forms of so-called “honour based violence” have been the focus of much Police, public and media attention in recent years. The issue of forced marriage crosses all boundaries. Incidents may bring to light other issues including domestic violence, child protection issues, abduction, kidnapping, human traYcking and even murder. A joined-up, partnership approach is essential if forced marriage and related issues are to be tackled eVectively. 4. Since February 2001, ACPO has been at the forefront of strategic and operational initiatives to address the issue of forced marriage and so-called “honour killings. Supported by, and working in partnership with the Foreign and Commonwealth OYce the ACPO Forced Marriage Working Group has assisted in the creation and dissemination of national guidelines for Police responding to incidents of forced marriage, developed eVective and positive partnership working with a range of agencies working in domestic violence and related fields; held a number of successful national, international and regional seminars to raise awareness of the issues and sources of support, advice and assistance and the forging and maintaining of links with Police colleagues in Europe, the Indian sub-continent and the Middle East. 5. In 2004 this work was taken further with the establishment of the ACPO Honour Killings Gold Group, which focused on the most extreme acts of honour-based violence—murder. 6. Since 2005 the work of these two distinct but related national police working groups has been brought together and merged into the ACPO Honour based Violence Working Group (ACPO HBVWG). This multi-agency group has a membership drawn from police services across the United Kingdom, central government and the criminal and civil justice systems. ACPO HBVWG is currently developing a national police strategy and supporting action plan for responding to incidents of honour based violence. 7. ACPO HBVWG works closely with ACPO Domestic Abuse, ACPO Harassment and Stalking, ACPO Child Protection and ACPO Homicide portfolios to ensure police responses to honour based violence are incorporated within wider initiatives to tackle violence and abuse and in recognition of the ways in which such incidents come to police attention. This paper supports the submissions made by the ACPO portfolios listed above but also focuses on specific issues of honour based violence. 8. However, despite the achievements and developments outlined above there is still much work to be done if victims and those at risk of violence motivated by notions of honour and shame are to be tackled eVectively and those at risk are confident to come forward and seek safety and protection. Only by working in partnership and developing a holistic response to honour based violence can victims be protected and perpetrators held to account. 9. ACPO HBVWG believe that there must be an explicit recognition and incorporation of the needs of BMER communities in strategies and action plans to tackle violence both in and out of the home that reflects need as well as addressing culturally specific issues such as honour based violence. 10. Since 2004, there has been an agreed and shared definition of domestic violence between adults and used by most agencies. This definition, developed in consultation with other agencies, does take account of extended family members and domestic violence in LGBT relationships. However, ACPO HBVWG does not believe that this definition is wholly appropriate for honour based violence incidents. The definition does not include “uncles” and as can be seen from recent convictions for so-called honour killings uncles are often instigators and perpetrators of honour based violence incidents. It must be noted that perpetrators of honour based violence are not restricted to family members as can also be seen by recent cases. Such incidents can be perpetrated by a wide network of family and/or community members who may or not be acting on the instructions of family members. 11. Police data shows that almost 25% of honour based violence incidents involve young people under the age of 18 years of age. This is supported by Forced Marriage Unit data too. It for this reason and that stated above that the ACPO HBVWG does not believe the current domestic violence definition is appropriate for honour based violence incidents. A draft definition developed by a multi-agency forum based in London has been circulated to partner agencies across the country as part of the strategy consultation. 12. There has been discussion for some time about incorporating honour-based violence within existing policy and strategy frameworks. ACPO HBVWG supports this view but must stress the need to ensure that honour based violence is incorporated within both adult and child protection strategies. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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13. As stated above there are guidelines in place for Police, Social Services, Health, Education and legal professionals. However, much if this guidance is now out of date and does not reflect the legislative changes outlined earlier. With the enactment of the Forced Marriage (Civil Bill) and the placing of guidelines on a statutory footing it is essential that forced marriage guidelines for all agencies are revised as a matter of urgency. The revision and implementation of guidelines is essential if front-line service delivery is to be sensitive and appropriate to victims needs. This will require additional resources. 14. Training not only to implement the revised guidelines for agencies but also to raise awareness of the range of honour based violence issues, sources of support and advice and relevant legislation is key to improve service delivery. Working closely with colleagues at the National Policing Improvement Agency, ACPO are working to revise guidance on responding to domestic violence incidents and to the national domestic violence training module. However, there is a need for bespoke training for all agencies that take into account the needs of victims of honour based violence. Any such training must address the needs of child victims and specific responses to incidents involving those under 18 years of age. Again additional support must be available to agencies including the Police if this work is to be undertaken and progressed in a realistic and meaningful way. 15. Emergency accommodation and specialist support are key to ensuring the safety of victims and those at risk of honour based violence. Currently there are only 8 bed spaces available specifically for female victims of honour based aged from 16 years through the Ashiana Project in London. Adult female victims do have access to provision in wider domestic violence refuge facilities but this is not suYcient. There is no provision for male victims of honour based violence. (The Forced Marriage Unit have stated that 15% of victims contacting them for help are male). There is also no provision for victims with no recourse to public funds. This creates significant challenges for police and partner agencies when trying to ensure the safety of those seeking protection. It also creates unequal access to services for male and female victims of such incidents and for those with access to public funds and those without. As a consequence of this limited provision of emergency accommodation victims are often forced to remain in abusive and violent situations often risking death. ACPO HBVWG would like to ensure that the needs of victims and those at risk of honour based violence are addressed in future work to review refuge provision and emergency support. 16. In relation to children there also remains significant diYculties when trying to access safe accommodation. Not all Social Services departments understand or recognise the risks posed by family and/ or community members to those at risk of honour based violence. ACPO HBVWG believes that there is a need for an urgent review with Social Services colleagues about honour based violence and the development of agreed and joint service responses. This should form part of the revision of guidelines for both agencies. 17. In addition to the need for emergency accommodation for adult and child victims through either specialist refuge provision and/or Social Services placement ACPO HBVWG would also support an extension of the use of the Witness Mobility Scheme and Witness Protection schemes for victims and those at risk of honour based violence where appropriate. 18. Post crisis support for victims of honour based violence must be addressed in addition to emergency support for victims and those at risk of such acts. In cases of honour based violence, as stated above, victims face violence and abuse from a wide network of potential perpetrators and are often forced to flee to safety leaving behind not only immediate and extended family (who may or not be the perpetrators) but also their wider community. ACPO HBVWG believes there is a real need for longer-term post crisis support for those fleeing honour based violence to help them rebuild their lives. Placement within refuges varies across the country but whilst in such accommodation victims have access to support and advice, however, following consultation with survivors a need for more widely available outreach and post crisis support is needed. 19. Honour based violence can only be truly addressed by working with communities to address these long-standing but totally unacceptable cultural practices. Some members of the ACPO HBVWG have undertaken work with community representatives, religious leaders and with local women’s groups to raise awareness of honour based violence. The Forced Marriage Unit has also undertaken work to raise awareness with communities. ACPO HBVWG believes that further work must be developed if communities are to develop solutions to such issues as honour based violence from within and ensure the eradication of such practices. This work should form part of wider public education and awareness raising campaigns. Agencies must work with victims, those at risk and communities. This is NOT to suggest mediation as an option to be pursued by service providers but an opportunity for open and frank dialogue about notions of honour and shame, masculinity and gender and inter-generational issues with and within communities. ACPO HBVWG recommends the incorporation of honour based violence and domestic violence within existing community engagement initiatives. 20. As part of the government’s work to address domestic violence there has been an increasing focus on the availability of perpetrator programmes as a means of tackling violence and abuse. There are extremely limited BMER specific perpetrator programmes available. Indeed, access to perpetrator programmes are limited for all communities due to limited availability of spaces on programmes. There is a need for the development of more BMER perpetrator programmes in order to develop solutions that do not simply focus on immediate crisis management but take a longer-term view of tackling violence and abuse. 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21. Thus far this paper has focused on developments with agencies in the UK context. It must be recognised that many incidents of honour based violence involve an overseas element with victims being taken overseas and forced into marriage or indeed murdered, or perpetrators fleeing overseas. ACPO HBVWG has undertaken work with a number of overseas police colleagues in Europe, Indian sub-continent and the Middle East. This work must be coordinated, focused and outcome driven and must both raise awareness of the issues but also develop and maintain strategic and operational partnerships with overseas colleagues. The Forced Marriage Unit has coordinated much of this work but is limited to service provision to British nationals. The international dimension of work on honour based violence must engage a range of partners to develop a clear and consistent message to all that such forms of violence are unacceptable and will not be tolerated. 22. If a coordinated and consistent response to honour based violence is to be developed and victims and those at risk are to be assured of their safety should they be brave enough to come forward this must involve all agencies. Such a response should also be broad in its approach addressing prevention, diversion, enforcement and reassurance. The police service is of course a lead agency in such developments but cannot address this issue alone. It is imperative that other statutory agencies work in partnership with the police, but also with the voluntary and community sectors if we are to successfully tackle honour based violence. 1 Ocotber 2007

APPENDIX 23

Memorandum submitted by the Equality and Diversity Forum

Executive Summary — Domestic violence is a significant problem largely aVecting women and represents a significant breach of their human rights. — The state, including the police, the education and health services and local government as well as central government and the judicial system, has a positive duty to protect the right to life and consequently to take eVective action to prevent and tackle domestic violence. — There are links between domestic violence and other forms of inter-personal violence: people facing discrimination and disadvantage are disproportionately likely to be victims of violence and abuse. — Equality and human rights organisations have a range of views about making stronger links between domestic violence and other forms of inter-personal violence. Some believe that making such links would lead to more coherent and comprehensive strategies to tackle not just domestic violence but other forms of inter-personal violence. Others fear that trying to achieve more integrated approaches will put at risk whatever has thus far been achieved in getting domestic violence higher up the agenda of Government and other public agencies. — The new Equality and Human Rights Commission should treat tackling violence, including domestic violence, as a priority from the outset of its work.

Introduction 1. The Equality and Diversity Forum (EDF) is a network of organisations concerned with equality and human rights. Its members are currently: Age Concern England, Amicus, Board of Deputies of British Jews, British Humanist Association, British Institute of Human Rights, Children’s Rights Alliance for England, Citizens Advice, Discrimination Law Association, End Violence Against Women Campaign, Equality Challenge Unit, Fawcett Society, Forum Against Islamophobia and Racism, Help the Aged, Institute for Public Policy Research, JUSTICE, Liberty, Men’s Health Forum, Mind, Muslim Council of Britain, National AIDS Trust, Policy Research Institute on Ageing and Ethnicity, Press for Change, Race On the Agenda, RADAR, Refugee Council, RNID, Runnymede Trust, Scope, Stonewall, the Age and Employment Network, TUC, Women’s Budget Group, Women’s National Commission and the Women’s Resource Centre. Until their very recent absorption into the new Equality and Human Rights Commission, the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission were also members. 2. The EDF is pleased to have this opportunity to submit evidence to your inquiry into Domestic Violence. Amongst other activities, the Forum aims to raise awareness and encourage action on equality and human rights issues. The EDF operates by consensus and seeks to identify the concerns that its members have in common, rather than trying to replicate the expertise of individual member organisations. The EDF is therefore not in a position to give detailed evidence across the terms of reference of the inquiry, although we anticipate that some of the Forum’s member organisations will give such evidence. However, would like briefly to make some more wide-ranging points. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Domestic Violence as Human Rights issue 3. As your Committee is no doubt well aware, it is estimated that on average two women are killed every week as a result of violence from a current or former partner76. Domestic violence is thus a significant cause of the breach of women’s human right to life. As the state has a clear and proactive duty to protect the right to life, public authorities must act both to prevent domestic violence and to tackle it eVectively. The right to life is absolute (unlike some rights, such as the right to respect for family life, which can be qualified) so the obligation to deal with it eVectively is a very strong one. In this context, the state includes the police, the education and health services and local government as well as central government and the judicial system. It is arguable that, in the light of their obligations, public authorities are not doing enough or giving insuYcient priority to domestic violence. 4. Treating domestic violence as a human rights issue might also help to challenge some public complacency about domestic violence. Attitudes have changed in recent years and domestic violence is no longer assumed automatically to be a private matter or one in which both parties share equal responsibility for the violence. Nonetheless, a recent survey showed that more people would be willing to take action if they saw someone hitting a dog than if they saw a man hitting a woman. This suggests that there is still a worryingly high level of public acceptance of violence by men towards their partners. A human rights argument might, if carefully made, help to counter this complacency.

Domestic Violence and Diversity 5. Domestic violence is a major problem and needs to be tackled as a national priority. If it is to be tackled eVectively, policy makers and service providers must take active account of the fact that women do not all experience domestic violence in the same way. Some of the diVerences they face are result from their experience of other forms of discrimination or disadvantage. For example, women from some ethnic minority communities who are facing domestic violence may be particularly reluctant to seek help because they do not trust the police or social services, or they not find it easy to locate services in their first language. This is particularly a problem for recently-arrived migrant women, who are least likely to be aware of their rights and most likely to fear approaching statutory services. 6. Older women seeking to end an abusive relationship may find it even harder to do so than other women because they are less likely than younger women to have a job, if in work they are disproportionately likely to be poorly paid and they are very unlikely to have adequate pension provision. Some older women are also concerned that if they report violence from a partner, they will be placed in residential care against their wishes. There is also evidence77 of some police forces declining to categorise partner violence involving victims over 65 as domestic violence. Disabled women face similar obstacles and also may not be able to access support services. This evidence of the additional obstacles some women face in coping with domestic violence indicate that eVective approaches need actively to take account of the diversity of women facing abuse and their diVerent needs. 7. Lesbian, gay and bisexual people can also experience domestic violence: some studies indicated that one in four have experienced it. The perpetrators of domestic violence may be the same sex partner and lesbian, gay and bisexual domestic violence victims may be particularly reluctant to report such attacks as they may be loath to involve the police or other agencies because of fears they will not be taken seriously or treated with respect. Lesbians also report that domestic violence is sometimes prompted by the disclosure of their sexual orientation to a male spouse, partner or former partner. This can be a unique trigger for domestic violence and some women report being raped as a consequence of coming out.

Domestic Violence and Other Forms of Inequality-based Violence 8. It is widely recognised that domestic violence is a form of violence that is rooted in inequality. Domestic violence is not of course the only form of violence that is directly linked to inequality: child abuse, abuse of older people, racist violence, homophobic violence, and violence against transgender people or disabled people are all directly linked to forms of inequality and discrimination and each needs to be addressed energetically. 9. There is significant evidence that people facing discrimination and inequality are more likely than others to experience violence. This may be violence that is directly linked to the unequal power that is characteristic of discrimination—homophobic bullying, for example—or may result from the fact that many groups facing discrimination are particularly likely to have below average incomes and people living in poorer communities are more likely to experience violence than those living in aZuent areas. 10. Child abuse has long been recognised as a major problem, although eVective action to prevent and tackle it is still to be consistently achieved and the links with other forms of family violence are relatively neglected. Abuse of older people is still largely hidden but emerging evidence suggests it is a significant issues.

76 Although domestic violence does aVect men as well as women, overall the impact on women is considerably greater and male deaths or serious injuries as a result of domestic violence are rare. Domestic violence within same sex relationships is often overlooked. 77 Cited by Help the Aged Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Although relatively little research has been done in relation to sexual orientation, a 1999 survey found that 66% of lesbians and gay men had been victims of homophobic incidents and a 2001 survey found that lesbians and gay men from ethnic minorities were even more likely to experience hostility (68% reported homophobic abuse and 81% racist abuse) with up to a quarter experiencing violence related to their sexual orientation and race. 11. There is relatively limited evidence about the abuse faced by disabled people but studies suggest that disabled people may be four times more likely than others to face violence. In addition, sexual abuse is a particularly significant problem for people with learning disabilities, particularly women. There is more evidence of the impact of ethnicity of people’s risk of facing violence and again, this suggests that being from an ethnic minority puts people at greater risk of crimes (such as mugging) that aVect the whole community, as well as facing specifically racist violence. 12. There is currently a debate about the extent to which forms of violence rooted in inequality—both inside and outside the home—are linked and how such links might or should be reflected in policy and practice. There is as yet limited research concerned with the extent to which perpetrators of one form of inter-personal violence cross over with perpetrators of others, although there is some evidence suggesting a cross-over of perpetrators of domestic violence and elder abuse. There is also evidence that children who witness abuse of their mother, whether by their father or by another partner, suVer significant ill eVects and are themselves victims of abuse, either through physical violence or the emotional abuse of witnessing violence against a parent. 13. Equality and human rights organisations have a range of views about making stronger links between domestic violence and other forms of inter-personal violence. Some believe that making such links would lead to more coherent and comprehensive strategies to tackle not just domestic violence but other forms of inter-personal violence. They see potential for joined-up approaches by a range of statutory agencies. Others are concerned at the potential for losing focus on the particular characteristics of specific forms of violence and fear that trying to achieve more integrated approaches may put at risk whatever has thus far been achieved in getting particular issues higher up the agenda of Government and other public agencies. Some domestic violence organisations, for example, fear a return to the sort of gender-blind approach that prevented eVective action for many years. There is widespread agreement, however, that there is a pressing need to promote a culture of mutual respect, to challenge prejudices and to encourage the growth of a society in which all forms of inter-personal violence are unacceptable.

The Role of the New Equality and Human Rights Commission 14. The new Equality and Human Rights Commission takes on its responsibilities today. The three central pillars of its responsibilities are tackling inequality and discrimination; promoting good relations; and promoting and protecting human rights. As argued earlier, inter-personal violence disproportionately aVects disadvantaged groups and there is some evidence of links between the perpetrators of domestic violence and of other forms of abuse. Equality, good relations and human rights are all aVected by the pattern and experience of this violence. It is diYcult to see, for example, that pupils subject to homophobic bullying and abuse at school can be said to have an equal chance to succeed. If the CEHR is to meet the fundamental duty set out for it in the 2006 Equality Act, we believe it must treat tackling violence as a priority. 15. In carrying out its work on equality and good relations, the CEHR will be explicitly required to take human rights into account. As Liz Kelly and Miranda Horvath have argued78, “human rights jurisprudence, especially in its most recent formulations, oVers a number of keys which can be used by the CEHR to unlock an integrated approach to violence”. 16. The sort of activities that the CEHR might undertake include: — Maintaining pressure on the Westminster government, the devolved administrations and all other relevant public agencies to give high priority to the issues. — Highlighting good practice and encouraging widespread adoption of it. — Using its enforcement powers (particularly those relating to the public sector gender, race and disability equality duties) to challenge poor practice by individual public bodies. — Identifying new approaches. — Encouraging the development of a culture of respect for individuals in which violence is unacceptable (for example, by pressing the Department for Children, Families and Schools to promote this throughout the school system). — Using its statutory, three-yearly “state of the nation” report to highlight the issues. 1 October 2007

78 From the Outset: why violence should be a priority for the Commission for Equality and Human Rights, Kelly and Horvath, 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 24

Memorandum submitted by the Association of Chief Police OYcers Domestic Abuse Portfolio 1. This report should be read in conjunction with the separate but complementary ACPO submissions relating to “Honour-based Violence” and “Stalking & Harassment”. 2. The main points of this report are sharing information, Multi-Agency Risk Assessment Conferences (MARACs), Multi-Agency Risk Management, Joining—up Criminal and Civil Law, Domestic Violence Homicide Reviews and the Relevance of Age. 3. We contend that much progress has been made by the police service and other agencies in respect of improving the eVectiveness of criminal justice agencies in managing domestic abuse. However, we are not convinced that these changes and improvements are nationally consistent and comprehensively available to agreed standards. We are concerned that lives continue to be endangered unnecessarily because of the absence of legally mandated requirements which cause agencies to properly fulfil their obligations to keeping victims safe and perpetrators held to account.

Sharing Information 4. For risk management to be eVective, relevant information must be available from all agencies and used to inform the process of risk identification, assessment and management. We do not believe that this is occurring with adequate rigour. 5. It must said that the law (Data Protection Act, Human Rights Act and Common Law duty of confidentiality) does not inhibit information sharing and if there was a prevailing culture disposed to sharing information then we would not need to raise this issue with the Committee. However, that culture does not exist across the relevant agencies. The law is only permissive and places no obligation upon agencies to share information. Whilst there are notable exceptions to this statement, it remains the view of the police service that some agencies, notably Health, are reluctant to share information even in forums (such as MARACs) designed to facilitate such exchange. Concerned professionals frequently site their obligation to patient confidentiality as the basis for their reluctance. There is no evidence of which we are aware (though we are aware of the arguments) which suggests that the health and well-being of domestic abuse victims would be undermined by greater engagement by health professionals in the risk management process. 6. We would welcome the opportunity to expand on our concerns in respect of the complex and emotive subject of information sharing. The position remains that the ability of the Authorities to protect victims will always only be as strong as the willingness of each agency to share relevant information. We are not convinced that present arrangements are adequate and suggest that the law is reviewed to clarify responsibilities and to introduce the concept of a “sliding scale of obligation” to provide greater clarity to agencies than the present permissive approach oVers. 7. A joint ACPO/Home OYce Working Group sitting since 2006 has been unable to resolve the situation to the satisfaction of all stakeholders and for this reason, we suggest that evidence on the issue should be heard and considered by the Committee.

Multi-Agency Risk Assessment Conferences (MARACs) 8. Whilst the views expressed above regarding information sharing relate to all persons at risk of harm or who pose a risk to others, the concerns expressed are particularly relevant to the position of domestic abuse victims. If the law is not changed to provide an obligation to share information in respect of victims and perpetrators of all kinds of violence, then we suggest this obligation should be placed on particular violence types, notably domestic abuse which is amenable to positive risk management. 9. As stated, risk identification and assessment are fundamental to removing, mitigating and managing the potential for future harm. We are therefore very pleased to see the advent of MARACs as the available evidence gives cause to be optimistic about their value. 10. We express reservations in two regards, however. Firstly, that MARACs are developing on a voluntary basis across the country. Some areas are electing to have them and some or not. We do not consider it acceptable that eVective public protection systems should be left to the whims of local agencies to decide upon. Recognising the plethora of requirements and initiatives which many local bodies are confronted with (and sometimes distracted by), there is a clear requirement that all areas shall have in place MARAC capability by a date to be determined. This is likely to require legislation. 11. We have listened to the arguments which suggest that the near-duty upon local authorities to “have regard” to MARACs is adequate. We are not convinced. Whilst we commend the sterling eVorts of the Home OYce in taking this agenda forward, it is nevertheless taking too long for MARACs to be rolled out and we can see no mandated programme approach to implementation. We repeat our view that it cannot be acceptable for matters of such importance to be left to local discretion. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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12. Our second issue of concern relates to the consistency of engaged membership. We cannot say with confidence that the make-up of MARACs is consistent and the engagement of all agencies (particularly Health) is all that could be desired. We are not convinced that this position will change without a statutory requirement being placed upon all areas and agencies to implement and maintain MARACs to an agreed standard. This is the position we commend. 13. We are aware of the view of some Home OYce oYcials that a requirement to implement MARACs in those areas which do not have them presently could be construed as amounting to “new business” and which therefore place an additional financial burden upon the sponsoring Department. We are not persuaded by this argument.

Multi-Agency Risk Management 14. Despite the centrality of information sharing, risk identification and assessment to eVective risk management, there is no single risk “tool” available to guide all the agencies which have a part to play in keeping people safe from domestic abuse. This situation compounds the problems outlined above in terms of deficiencies in information sharing and the lack of mandated risk management forums. 15. ACPO is presently working with partners to identify a common tool particularly in identifying critical risk factors (ie those which are predictive of more serious violence rather than those which indicate the potential for less serious violence). Having regard to the complexity of the subject and the personal, professional and financial investment of individuals within agencies in “their” approach, we do not underestimate the diYculties of the task we face. 16. Advancing our current knowledge of risk—particularly about the salient criminogenic features of domestic abuse—may require capability and capacity beyond that currently available to us. We are unlikely to be clear about scale and nature of the “gap” for some time. The crucial test will be whether agencies are prepared to migrate from an existing approach to risk to that commended following the analysis. 17. The Committee is again asked to consider whether an overall strategy for public protection which relies for its eVectiveness on the lowest common denominator of co-operation (rather than mandate) is the preferred approach.

Joining-up Criminal and Civil Law 18. We have long been concerned about the high levels of attrition of domestic abuse cases in the Criminal Justice System (CJS). There are many reasons for this which range from the complex eVects of the relationship between domestic abuse victims and perpetrators to the timeliness, relevance and eVectiveness of the CJS to the victim’s fears and needs. We believe that it is somewhat unrealistic to suggest that the cjs will close this gap despite the many improvements which we are pleased to note. Therefore, the goal of protecting victims from future harm should remain the primary goal of the CJS. 19. There is not presently automatic referral to civil jurisdiction of cases which do not meet the exacting standards of the CJS. We would welcome the design and implementation of an approach which would see the immediate and automatic referral of all material gathered during a criminal investigation of domestic abuse to inform the application for a civil order to protect a victim. “Immediate” means whilst the perpetrator is still in police custody following arrest but at the point where it is clear that the CPS will not prefer a charge. We envision circumstances where the reviewing CPS lawyer at that point contacts a locally available civil lawyer, refers the statements and other material gathered to the civil lawyer who makes application that day to a civil court for protection, eg an injunction. Clearly, the wishes of the victim will be relevant but it is more likely than not that where the case has proceeded to the point of statements being taken, the victim will be willing to pursue a civil route to protection where the criminal law avenue is no longer available. 20. The CPS and police are in early dialogue about developing such approach, but deliberations would be informed and assisted by the interest of the Committee.

Domestic Violence Homicide Reviews 21. ACPO has been one of the agencies consulted regarding the proposal to implement DVHRs. Whilst we do not object in principle to the proposition, we have expressed concerns to the Home OYce about the focus of the process. 22. As we have indicated, there has been significant progress made by many agencies so we do not approach the subject of domestic homicides as from a blank sheet of paper. We already possess considerable knowledge about the causes of failings and indeed we have raised a number of them already in this submission. The identified failings tend to arise as a result of one or more of the following: — Inadequate arrangements for information sharing. — Inadequate arrangements for risk identification, assessment and management. — Inadequate training for the role. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Inadequate supervision of those performing the role. 23. We are therefore concerned to a degree that the DVHR process will continue to flag-up the same issues whilst the real causes (see above) go unresolved as we have argued in this submission. We contend that DVHRs should be used to identify to expand and develop knowledge about what we don’t know rather than merely reinforcing what we already know. For example, much less is known about perpetrators than victims from a research and risk perspective. Developing our knowledge in this area would be of genuine benefit to risk management overall and would dissipate focus rather less than routine reviews in all cases will do. Similarly, the role of drugs or alcohol or culture is less well understood and emphasis on learning from these cases would be a greater benefit to all. 24. We are not convinced that there exists a strategic repository for the learning from DVHRs and one which properly interfaces with “serious case reviews” in child fatality cases. Also, we are not clear how “lessons learned” will inform policy development in the future.

The Relevance of Age 25. The ACPO definition (also adopted by the Home OYce and a number of criminal justice agencies including the CPS and Courts) of domestic violence is: “any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional between adults, aged 18 and over, who are or have been intimate partners or family members, regardless of gender or sexuality” (Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-laws or step family) [We have underlined the section relating to adults for emphasis]. 26. There is increasing comment directed to us from practitioners and professionals that by excluding persons under 18, vulnerable young people in abusive relationships are being deprived of the expertise and resources available to adults in similar circumstances. Whilst we believe that a pragmatic view is being taken by the caring agencies to this potential lacuna and young people are not generally disadvantaged, it is a question of fact that there are no specialist domestic violence courts that try under 18 oVenders, or that there is specialist training for prosecutors and magistrates operating in existing juvenile courts. 27. In early dialogue with the Youth Justice Board (YJB) it is apparent that these concerns are shared by that Board. The costs of making changes to existing service provision to incorporate “domestic abuse” standards is not known at present, however, ACPO, Home OYce and YJB intend to discuss the implications. 28. It remains the intention of ACPO to consult further with a view to varying the existing definition to include persons over the age of 16 who are or have been intimate partners and adults (ie over 18 years) in other familial relationships as in the existing definition. The Committee may wish to consider the eVect upon the public interest of this proposal and the implications of change if this suggestion is implemented. 1 October 2007

APPENDIX 25

Memorandum submitted by the Association of Chief Police OYcers Stalking and Harassment Portfolio

Memorandum Assistant Chief Constable Garry Shewan takes responsibility for territorial policing in Cheshire Constabulary. Garry studied sociology in Manchester in 1981 when his degree focused upon the use of discretionary policing methods and their impact upon inner city tension in the early 1980s. Garry then went on to achieve a Masters degree in Criminology exploring the impact of the 1984–85 miners’ strike on the political and operational independence of the police. Following a period working as a lecturer, Garry joined Greater Manchester police in 1987. Whilst with the Greater Manchester Police, Garry obtained a wide experience of policing which included his design of a “township” policing model in 1993—a forerunner of Neighbourhood Policing. In 2000 Garry was appointed as Commander for Manchester City Centre where balancing the operational needs of a major city with the development of partnerships shaped his policing vision. He was the architect of City Centre Safe tackling alcohol related violence and was a key commander during the 2002 Commonwealth Games. Between 1997 and 1999 Garry was seconded to HMIC. Garry was appointed ACC with Cheshire in July 2005 where he has responsibility for territorial policing and partnerships. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Arriving following the introduction of a major change programme, Garry is ensuring that the new policing model has a significant performance focus and that Neighbourhood Policing develops with a wider community focus.

Summary 1. ACPO have established a discreet work stream alongside the current domestic abuse portfolio, headed by DCC Brian Moore—Surrey Police. 2. Initial work will seek to address the most serious / high-risk cases of stalking and harassment. 3. A stalking and harassment working group has been established. 4. The stalking and harassment working group are developing an appropriate risk identification model. 5. The stalking and harassment working group are also focusing on; local and national harassment warning procedures, use of “Osman” warnings, a national audit of local harassment procedures and tactical measures to assist victims of stalking and harassment. 6. The working group, in conjunction with the National Police Improvement Agency, seeks to develop a revised code of practice and guidance for investigators of stalking or harassment.

Stalking and Harassment Portfolio 1. This year ACPO has established a discreet work stream to address the specific concerns relating to victims of Stalking and Harassment. 2. A stalking and harassment working group has been established. The preliminary meetings of the group have been instigated to scope exactly what work is required. The ultimate goal of this work stream however, is to prevent the death of victims of stalking and harassment. 3. Stalking can be summarised as an act or crime of wilfully and repeatedly following or harassing another person in circumstances that would cause a reasonable person to fear injury or death. There are also often explicit or implicit threats. Broadly, stalking must be treated as a crime when a suspect engages in such a course of directed conduct that serves no legitimate purpose and seriously causes the victim to be harassed, alarmed or distressed. 4. The current oVence of harassment is complete when a person pursues a course of conduct, causing the victim to be harassed alarmed or distressed and that the suspect knew or ought to have known that his / her conduct amounted to harassment. 5. Clearly, there are subtle diVerences in terminology and therefore perceptions of stalking and harassment “behaviour”. These diVerences are something which the work stream is keen to address. Such variation in perception and interpretation as brought about quite radically diVerent approaches by police forces throughout the United Kingdom in their recording, investigation and documenting of harassment cases. 6. The initial phases of the work being undertaken by the national Working Group will be focusing on the most serious / high-risk victims. Unfortunately, there have been recent tragedies involving stalking and harassment as a contributory factor prior to homicide which has highlighted how current domestic abuse risk assessment tools could, and regrettably did fail to identify high risk factors which tragically ended in the loss of life. 7. The Working Group is seeking to develop a Stalking and Harassment risk identification model with the assistance of Dr. Lorraine Sherridan (University of Leicester) and Dr. Carl Roberts (University of Sunderland) to identify vulnerability of victims and the risk of fatality posed to them by the perpetrator. It is essential that there is sound academic support and guidance in relation to this subject but equally, any such guidance emerging from research which is undertaken must be easily transposed into a working model which can be applied by police oYcers and staV during their day-to-day business. 8. The long term aim of this work is to design a series of risk indicators / questions which can be incorporated into the domestic abuse risk identification assessment or which sits alongside it and is triggered by an allegation or suggestion of stalking or harassment. 9. To this end, the stalking and harassment portfolio sits closely alongside the domestic abuse portfolio. Members from each group ensure that respective representation is achieved from both portfolios at all key meetings and decision-making points and that the respective portfolios are kept up to date with any developments, findings or suggestions of good practice. 10. Initial results of the research carried out by the working group appear very promising and the initial results are to be delivered to the working group on 3 October 2007. The preliminary risk identification tool has been applied to approximately 20 genuine stalking and harassment case files from Cheshire with an implication that it could aid in the predictability of risk. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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11. The report will mainly relate to some small adjustments that need to be made before large-scale piloting is undertaken. One of the main issues that came out of the initial testing is the reinforcement of the fact that the current risk assessment forms cannot be applied in all harassment cases. It simply cannot test the appropriate constructs inherent to cases of racial/homophobic harassment for example. 12. The Working Group have also highlighted a significant absence of consistency when it comes to the recording and use of harassment warnings. In addition there is clear evidence that prosecution of high-risk “stalkers” can often be delayed unnecessarily in order to deliver harassment warnings inappropriately. The Working Group are therefore currently undertaking a national audit of local procedures focusing upon harassment recording procedures and the identification of best practice identification. 13. Harassment warning notices are not a statutory requirement, but can aid the evidence base in court, should a prosecution be forthcoming. Early “loopholes” were identified after the enactment of the Protection from Harassment Act 1997 when “stalkers” claimed that they did not know that their behaviour (such as sending flowers, cards etc.) amounted to harassment. That their intention was not to cause the victim to be either harassed, alarmed or distressed. To this end, police forces began issuing suspects with a formal notice of warning that the victim alleges that their behaviour does indeed cause harassment, alarm and distress and that, should such activity continue, then a prosecution will ensue. 14. This issue has caused misconception throughout the police service that a warning notice must first be served, prior to any other such action such as arrest. This is clearly contradictory to the ACPO guidance of 2005 on the subject and there is no statutory requirement for such a warning notice. 15. There are however clear benefits for warning notices in the “less-serious” cases. The upsurge in mobile telecommunications and internet technologies has enabled victims to be harassed far more readily and indeed anonymously. Police forces are recording far more incidents whereby the victim is harassed via abusive text messages for example and warning notices to suspects, in the first instances, are often enough to cease the course of conduct. 16. This should not deter us from the fact that appropriate risk assessments must be undertaken, particularly when the harassment is domestically related. 17. The Working Group will also address the issue of “Osman warnings” and whether they are appropriate for stalking and harassment cases and if so, a set of guidelines for the police service. Osman is a stated case (Osman Vs UK—1998). In summary the case places a positive duty on the police to take appropriate action within their scope to take measures to protect and save the lives of victims should they know, or reasonably ought to have been aware that a victim is at serious risk of death. This is often delivered in the form of a warning and is particularly pertinent to domestic and harassment cases. 18. The Working Group is therefore keen to establish a set of national guidelines in relation to harassment warning notice procedures, forms and guidance on the recording and documentation of harassment cases. 19. The Group is therefore working with the National Police Improvement Agency in order to produce fresh practice guidance for operational oYcers and staV. 20. Victims of stalking and harassment require the application of tactical measures to provide protection. 21. Section 12 of the Domestic Violence Crime and Victims Act 2004 and Section 125(6) Serious Organised Crime and Police Act 2005 amends Section 5 of the Protection from Harassment Act 1997. Essentially a court can make a restraining order on conviction for acquittal for any oVence. It does not need to be an oVence under the Protection of Harassment Act 1997. 22. Such orders and tactical options will be explored and developed by the group for the purpose of protecting the victim or victims of the oVences or any other person mentioned in the order from further conduct which amounts to harassment or would cause a fear of violence. 23. Orders to perpetrators of any crime would allow for further quick access to protection and support services, in particular, Independent Domestic Violence Advisors and Independent Sexual Violence Advisors who oVer specialist support and assistance to victims. 24. Recommended: That the Committee notes the products under development: 1. The establishment of a National Stalking and Harassment risk identification model. 2. Revised national guidelines for the recording of harassment cases. 3. Revised national guidance on harassment warning procedures. 4. National guidance on the use of “Osman” warnings. 5. The development of further tactical options to protect victims of stalking and harassment. 1 October 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 26

Memorandum submitted by Children Are Unbeatable! Alliance Cymru ‘Sdim Curo Plant/Children Are Unbeatable! Alliance Cymru is an alliance of organisations and individuals which campaigns for the UK to give children the same protection from physical assault as enjoyed by adults. The campaign has more than 400 supporters, individuals and organisations, in Wales. The Campaign also has the support of the Welsh Assembly Government, which has been unequivocal in its wish for a removal of the defence of “reasonable chastisement” and “reasonable punishment” since 2002. ‘Sdim Curo Plant/Children Are Unbeatable! Alliance Cymru believe that the existence of Section 58 of the Children Act 2004, allowing for the defence of “reasonable punishment” of children under the age of 18 by a parent or carer works against current definitions and understanding of domestic abuse in the UK, and provides a substantial stumbling block to progress in removing violence from the home. This submission is made with particular reference to the following areas: — Public education and awareness-raising. — Police powers and legal protections for victims. — Multi-agency approaches, and what barriers exist to their eVective operation. 1. ‘Sdim Curo Plant/Children are Unbeatable! Cymru believe that the current situation, where children can be legally hit because of the existence of the defence of “Reasonable Punishment” denies children their fundamental human rights. 2. The current situation makes nonsense of the UK government’s approach to domestic violence. Violence against children in the home should come within the definition of domestic violence. The current situation, where children are recognised as victims of domestic abuse where they witness domestic abuse, but not victims when they are on the receiving end of physical violence is not tenable. Instead, the UK government appears confused itself on the matter: “The Government does not consider ‘domestic violence’ to be justifiable. Clearly, the sort of action that would be recognised as domestic violence is illegal without qualification, and should be dealt with before the courts, regardless of the age or gender of the victim. There is nothing in EnglishUlaw or prosecution practice that prevents this.” (Letter from Wendy Saunders, Public Communications Unit, DfES, March 29th 2007 to individual CAU! supporter, with regard to the physical assault of children) This statement is incorrect. Some actions recognised as domestic violence only apply to adult victims: “Domestic violence is any incident of threatening behaviour, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality” (Home oYce web site) http://www.homeoYce.gov.uk/crime-victims/reducing-crime/ domestic-violence/) Actions which would be regarded as domestic violence when they occur between adults cannot currently be regarded as domestic violence when the victim is a child, and the defence of “reasonable punishment” can be applied. 3. The Welsh Assembly Government has taken a principled stand in opposition to the defences of Reasonable chastisement/reasonable punishment since 2002. For example: January 14 2004 -Debate on Children’s Green Paper, Amendment 5 “The National Assembly regrets that the UK government continues to retain the defence of reasonable chastisement and has taken no significant action towards prohibiting the physical punishment of children in the family” (In favour 41, Abstain 3, Against 9) Current UK law, allowing “reasonable punishment” makes multi agency working in Wales extremely diYcult. The Welsh Assembly Government stance against physical punishment was expressed within the context of providing support to parents as well as a child’s right to be protected. “Whatever the legal position, I believe that our approach needs to be based on support for positive parenting. The key is to support parents and others who care for children and to promote positive relationships in families. We must seek to change social attitudes so that physical punishment of children is no longer considered acceptable, no matter what context” (NAfW Record of Proceedings/Cofnod for 23 October 2002) Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4. The All Wales National Strategy on Domestic Abuse definition is: “Domestic Abuse is best described as the use of physical and/or emotional abuse or violence, including undermining of self confidence, sexual violence or the threat of violence, by a person who is or has been in a close relationship...... It can also include violence inflicted on, or witnessed by, children.” (Tackling domestic Abuse: The All Wales National Strategy. Welsh Assembly Government 2005 http://new.wales.gov.uk/dsjlg/publications/commmunitysafety/domesticabusestrategy/ strategye?lang%en) Again, this is diYcult to apply in Wales when the defense of “reasonable punishment” exists. 5. Children as people have the same right to respect for their physical integrity and human dignity and to equal protection under the law as adults. Government action on domestic violence should include law reform to give children the same protection from assault in the home as adults—through the removal of the defence of “reasonable punishment”. Public education and awareness-raising on domestic violence should include the promotion of positive, non-violent parenting. 6. Section 58 also sends a confusing message to children—the adults in the home must not hit each other but they may hit the children. This undermines messages in initiatives to end domestic violence that all violence is unacceptable because it re-aYrms parents’ “right” to assault their children. It presents confusion rather than clarity for those working against domestic violence. The only human rights compliant, safe, consistent and just message for the law to send parents is that all physical punishment of children is wrong. The Government now states that it does not condone physical punishment of children by parents. It now needs to act to ensure a consistent legal framework, compatible with its human rights obligations. 7. If the “reasonable punishment” defence is removed completely from legislation, children will have the same protection as adults from being hit or “smacked”. Giving children equal protection means criminalising assaults on children in the same way and to the same extent as assaults on adults are criminalised. Under the Domestic Violence, Crime and Victims Act 2004, common assault is an arrestable oVence in England and Wales. In arguing that children should have equal protection from assault, we are not suggesting that parents should be arrested when it is suspected that physical punishment has been used. 8. While any report of violence against children has to be investigated to ensure that the child is not suVering or at risk of suVering “significant harm” (the threshold for formal investigation under section 47 of the Children Act 1989), arrest and prosecution of parents for minor assaults would be in the best interests of children only in the most exceptional circumstances. Rather, a range of responses should be developed to ensure that physical punishment is not used by parents, with prosecution and other formal interventions reserved for cases in which they appear to be necessary to protect a child from significant harm and to be in the best interests of the child. Guidance accompanying equal protection could emphasise how the law should be implemented in an educative way, supportive to parents and in the best interests of children. 9. The UN Committee on the Rights of the Child, monitoring the UK’s compliance with the Convention on the Rights of the Child, has twice recommended equal protection to the UK, in 1995 and 2002. In its 2002 report on the UK, the Committee stated:“...governmental proposals to limit rather than to remove the ‘reasonable chastisement’ defence do not comply with the principles and provisions of the Convention . . ., particularly since they constitute a serious violation of the dignity of the child.” (Committee on the Rights of the Child, concluding observations on the UK’s initial and first periodic reports under the Convention on the Rights of the Child, CRC/C/15/Add.34, 1995, paras. 16 and 31; CRC/C/15/Add.188, 2002, paras 35–37) 10. In July 2006, the UN Committee on the Rights of the Child issued a General Comment on the right to protection from corporal punishment. This reminded all States which have ratified the Convention on the Rights of the Child, including the UK, that equal protection for children is an “an immediate and unqualified obligation”. The Committee stated: “ . . . the Convention requires the removal of any provisions (in statute or common—case—law) which allow some degree of violence against children (eg ‘reasonable’ or ‘moderate’ chastisement or correction), in their homes/families or in any other setting.” (Committee on the Rights of the Child General Comment No. 8 “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia)” Full text at www.unhchr.ch/tbs/doc.nsf/(Symbol)/CRC.C.GC.8.En?OpenDocument) 11. The UN Committee on Economic, Social and Cultural Rights has also recommended that the UK prohibit physical punishment of children in families, stating in 2002: “Given the principle of the dignity of the individual, which provides the foundation for international human rights law . . . the Committee recommends that the physical punishment of children in families be prohibited, in line with the recommendation of the Committee on the Rights of the Child . . .” ( E/C.12/1/Add.79, concluding observations on the fourth report of the UK, the Crown Dependencies and the Overseas Territories, para.36) Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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12. In 2005, the European Committee of Social Rights found UK law to be in breach of human rights obligations under the European Social Charter, concluding that “since there is no prohibition in legislation of all corporal punishment in the home, the situation is not in conformity with Article 17 of the Charter”. (July 2005, Conclusions XVII-2) 13. Within the UK, removal of the defence of “reasonable chastisement/punishment” has been recommended by the UK’s Children’s Commissioners (2006), the independent Commission on the Family and Wellbeing of Children (2005), the National Assembly for Wales (2004), the UK parliamentary Joint Committee on Human Rights (2003) and the House of Commons Health Select Committee (2003). In a joint statement made in 2006, the UK Children’s Commissioners wrote: “Children have the same right as adults to respect for their human dignity and physical protection and to equal protection under the law, in the home and everywhere else. There is no room for compromise...” 14. The concept of domestic violence underpinning the government’s actions to date revolves around violence between partners. The harmful eVect on children of witnessing assault between adults in the home is now legally recognised. It is a serious anomaly that the law fails to equally protect children from being directly assaulted in the domestic setting. 15. The government’s actions on domestic violence to date, while positive in many respects, bypass completely one of the key factors contributing to violent behaviour—physical punishment by parents. It is not uncommon for men to “justify” hitting or slapping their partners by referring to women’s behaviour, as if they somehow “deserved” to be hit as punishment for some wrongdoing. The very notion of hitting as a punitive response to another person’s behaviour is deeply ingrained because it is legally and socially accepted in bringing up children. The law now rightly recognises that, whatever an adult’s real or perceived “misbehaviour”, physical violence is an unacceptable response. Extending that legal protection to children—those who are especially vulnerable to violence—is long overdue. 16. Too often violence against children is disguised as discipline. But physical punishment of children by parents in the domestic setting is domestic violence. And a home where children are allowed to be hit by adults can never be violence-free. 2 October 2007

APPENDIX 27

Memorandum submitted by NSPCC

1. Executive Summary 1.1 We recommend a review of the impact of Section 120 of the Adoption and Children Act 2002 and its extension of the definition of “significant harm” to include “impairment suVered by seeing or hearing the ill-treatment of another”, to ascertain if it has been properly implemented and whether it has resulted in greater protection for children aVected in this way. 1.2 Sections in the Domestic Violence, Crime and Victims Act relating to domestic homicide reviews and restraining orders should be implemented without delay and new measures are introduced to exclude perpetrators of domestic violence from the home for periods of time following an incident. 1.3 The Government must develop a more holistic approach to responding to families where violence between parents and carers is present. 1.4 Professionals should receive thorough training about what to do if they come into contact with a young person at risk of or who has been forced into marriage. 1.5 Particular eVort is required to develop integrated approaches to bring together services that respond to domestic violence (which usually focus on the needs of mothers) with those ensuring the protection of children. 1.6 MARACs should hold separate meetings for cases where children witness and experience domestic violence and cases where children are not involved. 1.7 Additional resources and funding are needed so that victims can be and eVectively responded to, and work needs to be undertaken on how and where MARACs and Multi-Agency Public Protection Arrangements (MAPPAs) should work together. 1.8 The Government’s definition of domestic violence should be extended to include children. 1.9 The domestic violence manual for people working with children should be widely promoted and disseminated to all professionals working with children. 1.10 PSHEE should be a statutory subject for all children to oVer practical tips and advice for children who may be experiencing domestic violence. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.11 Schools should oVer counselling for children who are experiencing or have experienced domestic violence. 1.12 Children who have witnessed domestic violence should have access to therapeutic support services. 1.13 Specialist Domestic Violence Courts and Independent Domestic Violence Advocates should be suYciently and sustainably funded to ensure they are able successfully to prosecute cases which come before them. 1.14 Additional resources must be made available for appropriate prevention and intervention strategies that directly target domestic violence perpetrators and enable them to stop oVending. 1.15 A criminal oVence for forcing someone into marriage should be created to send a clear message to communities where this takes place, that the practice is wrong and will be dealt with criminal sanctions. Any new oVence, as well as existing legislation could be used to prosecute the practice or threat of forced marriage, should be extended through legislation to bear extra-territorial applicability. 1.16 We recommend that the government set a clear standard for non-violence in society and remove the existing defence of “reasonable punishment”, available to parents and others under Section 58 of the Children Act 2004 to defend minor forms of physical punishment.

2. Introduction 2.1 The National Society for the Prevention of Cruelty to Children (NSPCC) is the UK’s leading charity specialising in child protection and the prevention of cruelty to children. We provide 21 services for children and families aVected by domestic violence and work with perpetrators. In addition, we run the NSPCC Child Protection Helpline, the Asian Language Helpline, ChildLine and “there4 me.com”, an interactive website for young people, which includes information, advice and counselling about domestic violence. 2.2 It is important that eVorts to tackle domestic violence should include recognising and responding to the needs of the children who witness it, yet they are often the “hidden victims” of such violence. Our evidence is focused on their experience of domestic violence/abuse, and our own experience of working with them and with their families. 2.3 Domestic violence contravenes a child’s rights under Article 19 of the United Nations Convention on the Rights of the Child, which states that a child should be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s) or legal guardian(s). 2.4 In 2000, the NSPCC conducted the first UK prevalence study79 of child abuse and neglect. A nationally representative sample of 2,869 young adults aged 18–24 was interviewed for this work; more than 26% of the young people had witnessed violence between parents at least once and for 5% the violence was a constant or frequent occurrence. The study also revealed that: — Eight out of 10 young people who had suVered serious physical abuse had also experienced domestic violence. For nearly half (43%) of these, the domestic violence was constant or frequent. — Nine out of 10 young people who said they had been neglected also reported some domestic violence. — In all, 21 of the 27 people (78%) who reported sexual abuse by their parents also reported domestic violence—in nearly all cases it was a constant or frequent occurrence. 2.5 The NSPCC welcomes recent policy developments, such as the National Domestic Violence Action Plan (2005) and the subsequent National Domestic Violence Delivery Plan: Progress Report (2006). We commend Section 120 of the Adoption and Children Act 2002 and its extension of the definition of “significant harm” to include “impairment suVered by seeing or hearing the ill-treatment of another”. This came into eVect in January 2005. We recommend a review of its impact, to ascertain if it has been properly implemented and whether it has resulted in greater protection for children aVected in this way. 2.6 Significant developments have also been made in the Domestic Violence, Crime and Victims Act 2004, particularly the introduction of new powers for the police and courts to deal with oVenders, support for victims and creating a new oVence of causing or allowing the death of a vulnerable child or adult. We recommend that the sections in the Act relating to domestic homicide reviews and restraining orders should be implemented without delay and new measures are introduced to exclude perpetrators of domestic violence from the home for periods of time following an incident. 2.7 We commend the attention the government has given to domestic violence, but consider it should be strengthened further by addressing the wider impact it has on children living in violent households. While the Progress Report does contain specific targets relating to children who witness and experience domestic violence, the Government must develop a more holistic approach to responding to families where violence between parents and carers is present.

79 Cawson, P (2000) Child maltreatment in the family: the experience of a national sample of young people, London, NSPCC Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2.8 Professionals should receive thorough training about what to do if they come into contact with a young person at risk of or who has been forced into marriage. 2.9 Women from BME communities are less likely to access statutory services for a host of reasons including barriers at both the institutional and local level. The NSPCC is currently undertaking policy research80 to contribute to a better understanding of the issues faced by South Asian women and children aVected by domestic violence. We are keen to share this information with the Committee to raise awareness of and make policy recommendations on the specific needs and experiences of this group of children. 2.10 The NSPCC considers that the underlying causes of adult violence perpetrated towards partners is also of relevance to this inquiry. Research has shown that experience of both average and severe forms of corporal punishment by parents is associated with an individual’s increased likelihood of acting violently with an adult romantic partner81. For this and other reasons the NPSCC recommends that the government set a clear standard for non-violence in society and remove the existing defence of “reasonable punishment”, available to parents and others under Section 58 of the Children Act 2004 to defend minor forms of physical punishment. This undermines eVorts to persuade parents to find alternative, less harmful and more respectful, forms of discipline and has served to reinforce parents’ right to hit their children. Removing the defence would give children equal protection under the law on assault and send a clear message that no physical violence is ever acceptable. The government should use the opportunity presented by its recent review of the eVects of Section 58 to remove this defence, and should accompany the change with public education about positive parenting techniques and the widespread provision of parenting programmes. These actions would represent an important contribution to ending intergenerational transmission of physical violence.

3. The Impact of Domestic Violence on Children 3.1 Professional concern about domestic violence has tended to focus on violence between adults, primarily perpetrated by men against women. The risks to the well-being of children living with domestic violence began being documented in the 1990s, but less attention has been paid to the serious impact and implications of domestic violence for children, both in policy formulation and in the collation of national statistics on domestic violence. 3.2 Children have often been wrongly regarded as largely unaVected by the violence occurring between adults in the home, and their own experience of direct harm has frequently been underestimated. 3.3 Its eVects, have however, been firmly recognised in Working Together to Safeguard Children82. Section 120 of the Adoption and Children Act also extended the definition of harm as set out in the Children Act 1989 to include “impairment suVered from seeing or hearing the ill-treatment of another”. Prolonged and regular exposure to domestic violence can have a serious impact on a child’s development and emotional well-being. Children may be greatly distressed by witnessing the physical and emotional suVering of a parent. Gaps in evidence remain, but research consistently shows that children living with domestic violence have higher rates of depression, trauma symptoms, and behavioural/cognitive problems than other children83. 3.4 Children from black and minority ethnic communities may be more prone to international child abduction and/or forced marriage. They may feel duty-bound to respect a father as an elder, even though he is violent. There can be additional barriers such as cultural concepts of shame and honour which can be used to control women and prevent them from seeking help. 3.5 Domestic violence has an impact at diVerent stages in a child’s life. Assaults on pregnant women frequently involve punches or kicks directed at the abdomen, injuring both mother and foetus. Babies living with domestic violence are subject to high levels of ill health and poor sleep84; pre-school children show the highest levels of behavioural disturbance, and are particularly prone to blaming themselves for adult anger85. Older children may become direct targets and suVer blows during episodes of adult violence86. 3.6 Both the physical assaults and the psychological abuse suVered by mothers who experience domestic violence can have a negative impact on their ability to look after their children. This can lead them to developing mental health problems, such as depression, self-harm and suicide attempts.87

80 The research will be published in early 2008 81 GershoV, Elizabeth Thompson (2002). “Corporal punishment by parents and associated child behaviours and experiences: a meta-analytic review”. Psychological Bulletin, Vol. 128, no. 4. 82 HM Government (2006) Working Together: a guide to inter-agency working together to safeguard children, London, HM Government 83 Humphreys C, “Relevant Evidence for Practice”, in Humphreys C, Stanley N (2006) Domestic Violence and Child Protection, Jessica Kingsley 84 JaVe, P, Wolfe, D and Wilson, S (1990) Children of battered women, Newbury Park, CA, Sage 85 Rossman, B, Robbis, Bingham, Righard, D, Emde, Robert, N (1997) Symptomatology and adaptive functioning for children exposed to normative stressors, dog attack and parental violence Journal of the American Academy of Child and Adolescent Psychiatry 36(8): 1089–1097 86 HM Government (2006) Working Together to Safeguard Children Stationery OYce, London 87 ibid Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 190 Home Affairs Committee: Evidence

4. Links between Domestic Violence and Other Forms of Child Abuse 4.1 In a joint University of Bristol/NSPCC study, fathers or father figures were more likely than other men to sexually abuse their children if they were also violent and abusive to the mothers.88 4.2 In the NSPCC’s study89 a strong overlap was found between domestic violence and physical, sexual and emotional abuse of children. High proportions of those experiencing abuse from parents also experienced frequent violence between carers.

5. Multi-agency Approaches and what Barriers Exist to their Effective Operation 5.1 Responses to domestic violence should address the situation of all members of the family, provide support and protection for child and/or adult survivors, and challenge perpetrators. This requires the collaboration of Local Safeguarding Children Boards (LSCBs), Domestic Violence Forums, local authorities and voluntary organisations. 5.2 However, the level of multi-agency cooperation and responses is variable. In some areas relationships between the statutory and voluntary sectors are very poor and have resulted in separate networks developing to respond to the local need for domestic violence services. 5.3 Joint work should focus on improving the breadth of service provision, increasing co-operation and co-ordination between services, improving practice by developing policy and practice guidelines, data gathering, increasing joint initial and ongoing training, and engagement in preventive work. Particular eVort is required to develop integrated approaches to bring together services that respond to domestic violence (which usually focus on the needs of mothers) with those ensuring the protection of children. 5.4 Evaluations90 carried out on Multi Agency Risk Assessment Conferences (MARACs) have shown that the agencies involved in them view them as invaluable for ensuring agencies could assist victims more eYciently. However, membership of MARACs places a significant demand on agencies and many MARACs find it diYcult to cope with the number and complexity of cases referred to them. 5.5 MARACs should hold separate meetings for cases where children witness and experience domestic violence and cases where children are not involved. This would ensure that voluntary sector providers are involved in the most appropriate cases and are not overburdened. Additional resources and funding are needed so that victims can be and eVectively responded to, and work needs to be undertaken on how and where MARACs and Multi-Agency Public Protection Arrangements (MAPPAs) should work together.

6. Public Education and Awareness-raising 6.1 Domestic violence has increasingly been seen as a child protection concern, but this must be translated into an integrated policy and practice in services for children who have experienced domestic violence. This could be demonstrated by extending the Government’s definition of domestic violence to include children. Existing good practice in the voluntary sector in work with children and families who have experienced domestic violence needs to be shared and developed. 6.2 Training in awareness of, and responding to, domestic violence should be expanded for all those working in child protection or with children and families, and in parent education. 6.3 The NSPCC welcomes the Government’s commitment to develop and publish a domestic violence manual for people working with children, as set out in the National Domestic Violence Action Plan Progress Report. This will be an important resource for everyone working with children. This should be widely promoted and disseminated to all professionals working with children. 6.4 Awareness-raising programmes should be run in both primary and secondary schools91. Personal Social, Health and Economic Education (PSHEE) can deliver the information and skills which children need so that they can stay safe, enjoy, achieve, contribute and achieve economic wellbeing. 6.5 PSHEE should be a statutory subject for all key stages. We have developed a teaching resource which focuses on personal safety, relationships at home, domestic violence and oVers practical tips and advice for children who may be experiencing domestic violence92. All teachers of PSHEE should be trained and know how to handle disclosures of violence/abuse.

88 Hester M, Pearson C (1998) From Periphery to Centre—Domestic Violence in Work with Abused Children, Bristol: The Policy Press 89 Cawson, P (2002) Child maltreatment in the family: the experience of a national sample of young people, London, NSPCC 90 Robinson A (2004) Domestic Violence MARACs for Very High Risk Victims in CardiV, Wales: A Process and Outcome Evaluation, CardiV University: Cardiff 91 Hester M, Westmarland N (2005) Tackling Domestic Violence: eVective interventions and approaches,HomeOYce Research, Development and Statistics Directorate 92 NSPCC (2005) Promoting Personal Safety in PSHE London, NSPCC Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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7. Support for Victims, including Finance and Refuge Services

7.1 Research into the needs of children aVected by domestic violence identified their two primary needs as being safe and having someone to talk to.93 It is essential that children get whatever help they need, whenever they need it. In addition, high thresholds mean that many 16-18 year olds do not receive support from children’s services and some vulnerable young people in violent intimate relationships are falling through this gap and not being protected. It is important that all children are able to access confidential and responsive services such as ChildLine, the NSPCC Child Protection Helpline, and the online advice centre there4me.com. These have a key role to play and the NSPCC welcomes the government’s new funding for these services. 7.2 Schools should also oVer counselling for children who are experiencing or have experienced domestic violence. Schools-based peer counselling should be complemented by independent, trained school counsellors. 7.3 Children who have witnessed domestic violence should have access to therapeutic support services. The likelihood of reversing the negative impact of domestic violence on children can only be achieved if they have access to specialist child-focused therapeutic support services that are tailored to meet their individual needs. Dedicated therapeutic work with children should take place when the child is in a safe and child friendly environment, over several sessions, with the same support worker. 7.4 Women from BME communities are less likely to access statutory services for a host of reasons including barriers at both the institutional and local level. Very little is known about the experiences of BME children aVected by domestic violence, as research in this area tends to focus on the needs of mothers. 7.5 The NSPCC is currently undertaking policy research94 to contribute to a better understanding of the issues faced by South Asian women and children aVected by domestic violence to develop understanding of these issues and how best to respond to them.

8. Criminal and Civil Justice Processes, including the Specialist Domestic Violence Court Programme

8.1 The development of Specialist Domestic Violence Courts (SDVCs) and Independent Domestic Violence Advocates (IDVAs) have resulted in better support for victims and more cases resulting in a successful prosecution. However, funding for both SDVCs and IDVAs is time-limited and dependent on statutory partners. This is resulting in the delivery of patchy services and justice for victims and their children. It is essential that both SDVCs and IDVAs should be suYciently and sustainably funded to ensure they are able successfully to prosecute cases which come before them.

9. Perpetrator Programmes

9.1 Men who are violent towards women need to learn new, appropriate responses to feelings of jealousy and aggression. There are currently very few avenues of practical support—especially for those perpetrators who recognise they have a problem and would like to change their behaviour or programmes for young men to challenge their violent behaviour before it becomes entrenched. Services similar to innovative programmes provided by the NSPCC such as Caring Dads, no Xcuses and the SAFE Domestic Abuse Team and Changing Places, should be developed to provide a coherent and coordinated approach to perpetrators and young men with violent behaviour. These services are critical of, and aim to change, the behaviour of violent men, while also ensuring safety for the women and children concerned. 9.2 Most perpetrators of domestic violence never, or only infrequently, come into contact with the police, let alone the courts and the probation service. The police come to know of less than a quarter of the worst cases of domestic violence95, and of those incidents reported, only about a quarter result in arrest96. Very few perpetrators have thus had the opportunity to be referred to a perpetrator programme. 9.3 Additional resources must be made available for appropriate prevention and intervention strategies that directly target domestic violence perpetrators and enable them to stop oVending.

93 Mullender A, Hague G, Umme I, Kelly L, Malos E, Regan L, (2002), “Children’s perspectives on domestic violence”, London: Sage 94 The research will be published in early 2008 95 Walby, S and Allen, J (2004) Domestic Violence, Sexual Assault and Stalking: findings from the British Crime Survey, Home OYce Research Study No. 276, Home OYce: London. 96 Hester M, Hanmer, J, Coulson, S, Morahan, M & Razak, A (2003) Domestic Violence: Making it Through the Criminal Justice System, University of Sunderland & the Northern Rock Foundation; Hester, M. (2006) “Making It Through the Criminal Justice System: Attrition and Domestic Violence”, Social Policy and Society, 5 (1): 79–90. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 192 Home Affairs Committee: Evidence

10. Forced Marriage and “Honour Killings” 10.1 Forced marriage can put young people at risk in several ways and has a number of serious harmful consequences. These include the denial of education, physical punishment, emotional abuse, domestic violence and in some cases murder, in incidents of so-called “honour killings” when consent to marriage is refused. Young people often run away before being forced into marriage, placing themselves at risk of abuse and harm on the streets. The prospect of being forced to marry can also increase the risk of self-harming and suicide. Many women forced into marriage suVer sexual abuse and domestic violence, of which in turn can aVect children living in the home. 10.2 We welcome the Government’s backing of the Forced Marriage (Civil Protection) Act 2007 which introduces injunctions for those at risk of or are already in a forced marriage. 10.3 Although there are criminal sanctions currently in place that can be used to prevent forced marriages taking place, we urge the Committee to consider introducing a criminal oVence for forcing someone into marriage to send a clear message to communities where this takes place, that the practice is wrong and will be dealt with criminal sanctions. Any new oVence, as well as existing legislation could be used to prosecute the practice or threat of forced marriage, should be extended through legislation to bear extra-territorial applicability. 10.4 Professionals should receive thorough training about what to do if they come into contact with a young person at risk of or living in a forced marriage. Anecdotal evidence from the NSPCC’s Asian Child Protection Helpline suggests that some local authorities respond inappropriately to young people who are at risk of being forced into marriage. In some cases, service responses have placed young people in more risky situations.97 In the most extreme cases, the young person has disappeared and the service has lost contact with them. 2 October 2007

APPENDIX 28

Memorandum submitted by the TUC

Background The TUC represents 59 aYliated trade unions with a total 6.5 million members. Trade union members work in a wide variety of organisations, sectors and occupations and come from a diverse range of backgrounds. Our aYliates regularly represent women workers suVering the impact of domestic violence, and they work with employers in raising awareness of violence against women and developing related policies and practice. The TUC welcomes the opportunity to respond to the Home AVairs Select Committee Inquiry into Domestic Violence. The TUC believes that violence against women is both a cause and a consequence of women’s inequality, that it has a serious impact on mental and physical health and is costly to the state in terms of criminal justice, health and other resources. In recent years the TUC has campaigned on the issues of violence against women and domestic violence, working with aYliated trade unions and organisations such as Amnesty International and the End Violence Against Women coalition. The TUC endorses the submission made by the End Violence Against Women coalition to the Home AVairs Select Committee Inquiry. It is against this backdrop that the TUC submits its own response.

Executive Summary — The TUC welcomes the high priority the Government has placed on tackling domestic violence since 2001 but is concerned that the impact of valuable initiatives tackling domestic violence has been lessened by a contradictory and fragmentary approach. — The TUC believes that the Government’s policy on domestic violence should take the form of a wider, integrated strategic national action plan on violence against women. — Research by the End Violence Against Women Coalition (Making the Grade 2006) found work on this issue hampered by the lack of a coherent and co-ordinated approach across Government departments. — The lack of an integrated approach has also prevented eVective links being made with the Government’s work on traYcking, sexual exploitation and women within the criminal justice system. — The TUC believes that violence against women and domestic violence is a trade union issue, and has conducted surveys of trade union members about their experiences of domestic violence.

97 Further, anonymised, detail about this can be provide on request Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— As a result of the findings of the survey, the TUC has produced a guide for employers and trade unions on tackling domestic violence as it impacts on the workplace, copies of which are available on request. — The TUC recommends: — Adoption of the United Nation’s definition of Violence Against Women by all Government departments. — A focus on preventing violence against women before, rather than after, its occurrence. — Inclusion of tackling violence against women in the Government’s Public Service Agreements. — The development and implementation of a strategic, cross-departmental approach to tackling violence against women in England, Wales, Northern Ireland and the extension of the strategy on reserved matters to Scotland. — Provision of long term, secure funding to support joined up services for vulnerable women and girls. — Closure of service provision gaps experienced by certain groups, including BME women, women on low incomes, traYcked children, disabled women, women who live in rural areas and trans people. — Service provision for those people in same sex relationships experiencing domestic violence. — Tackling violence against women to be a priority for the new CEHR. — Use of the Gender Equality Duty to tackle violence against women. — Awareness raising amongst employers of the impact of violence against women in the workplace and encouraging the provision of appropriate support, in consultation with trade unions.

Context of TUC Response 1.1 Following a motion to the TUC Women’s Conference in 2001, domestic violence and violence against women has been a central strand of the TUC Women’s Committee. The Women’s Conference called upon the TUC Women’s Committee to develop a guide for employers and trade unions to tackle domestic violence as it impacts on the workplace. Anecdotal evidence from trade union oYcers suggested that domestic violence aVected a significant number of members and had an impact on their working lives. Some evidence pointed to the fact that members were being disciplined by employers because of erratic time keeping, absence records and performance at work due to the eVects of domestic violence. 1.2 In light of this, the TUC surveyed delegates to the TUC Women’s Conference 2002 and found that 56% of respondents had themselves or worked with someone who had experienced domestic violence. This was in line with oYcial figures that showed that one in four women would experience domestic violence at some point in their lives. 1.3 In May 2002, the TUC published Breaking the Silence on Domestic Violence, which provided a breakdown and analysis of the 2002 Women’s Conference survey responses. Key findings and recommendations from this survey included the need for young people to be taught about domestic violence through the National Curriculum and through school discussion, and the need for workplaces to be more actively accessed for the quick, safe and easy dissemination of information to domestic violence victims. 1.4 At the same time, the TUC developed a guide for employers and trade unions on how to tackle domestic violence as it impacts on the workplace. The TUC worked closely with organisations such as Women’s Aid, the CBI, trade unions and the Women’s National Commission to develop the guide. 1.5 Domestic Violence: a guide for the workplace, published in November 2002, included facts and figures about the prevalence of domestic violence, case studies and advice on drawing up a workplace policy to address the key issues of support, referral and confidentiality. It has proved to be a very popular resource with trade unions and employers in the public, private and voluntary sectors. 1.6 The TUC conducted a further survey98 at the 2007 TUC Women’s Conference measuring the extent to which workplaces were engaging with the issue of domestic violence and violence against women. The results supported the conclusions of previous TUC surveys: that domestic violence and violence against women were issues that were experienced by women workers and women trade unionists, that it could take place both in the workplace and at home and that it was an issue which the trade union movement should engage with.99 1.7 TUC Congress in 2004, 2006 and 2007 reaYrmed the high priority placed by the trade union movement on tackling violence against women and domestic violence. In particular, TUC Congress 2007 reiterated the call for a national strategy on tackling violence against women as well as the need to recognise and challenge “honour” killings as yet another form of violence against women.

98 A copy of the survey results is available on request. 99 98% of respondents indicated that violence against women was an issue trade unions should campaign and negotiate on. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.8 Both TUC Women’s Conference and TUC Congress have adopted resolutions supporting the End Violence Against Women Coalition. As a member of the Coalition, the TUC identifies a broad focus on the issue of violence against women as the most eVective and coherent way of tackling both domestic violence and other gender-based violence endured by girls and women. In the UK, violence includes, but is not restricted to domestic violence, rape and sexual violence, stalking, sexual harassment, forced marriage, Female Genital Mutilation, so called “honour” crimes and killings, traYcking and forced prostitution. 1.9 The TUC believes that the workplace is an ideal place to highlight domestic violence and oVer support to victims. The TUC’s surveys supports the findings of other research that has shown that women see their workplaces as safe havens from violence at home. However, not all women are safe in their workplaces. Surveys have been conducted by TUC aYliates of their women members. USDAW found that women workers in the retail sector could expect physical attack, sexual harassment and serious physical threats as a usual part of their working lives; workers in the transport sector frequently face abuse and assaults in the course of their work; the 2007 TUC women’s conference survey results revealed that some respondents had faced domestic violence at home and sexual harassment and bullying at work. 1.10 The results of the TUC’s work within the trade union movement and without have emphasised the need to take a broad approach to violence against women in order to be truly eVective in tackling it, and the need to challenge violence both within the workplace as well as in the home. AYliates and respondents to surveys have emphasised the need to educate young people about domestic violence and violence against women, and the need to use workplaces to disseminate information to domestic violence victims.

ANational Strategy to Tackle Violence Against Women

1.11 The TUC believes that a coherent national strategy with a commonly understood definition of violence against women is essential to tackling domestic violence and other manifestations of violence against women. The TUC concurs with the End Violence Against Women Coalition (EVAW) recommendation of adopting the UN’s definition of violence against women.100 This would eliminate the problem of diVering definitions used by agencies and government departments involved in the work of tackling domestic violence and violence against women. 1.12 Following the End Violence Against Women Coalition’s first survey into the work of Government departments in 2005, which found a lack of coherence and great variation from department to department, the 2006 “Making the Grade”101 survey examined progress made to date. The second survey revealed that while good progress had been made in some departments, particularly the CPS and Home OYce, it became clear that a failure to grasp the concept of violence against women, unstructured work, lack of strategic indicators and shared goals across government continued to hamper work on domestic violence and violence against women. It is also diYcult to measure the impact of the work of Government departments because it does not measure how well or badly its policies on violence against women is working—primarily because violence against women does not feature in the Government’s Public Service Agreements. The TUC believes this should be rectified. The TUC also believes that the adoption of a common definition would underpin the development and implementation of a strategic approach to violence against women in England, Wales and Northern Ireland, and the extension of that strategy on reserved matters to Scotland. 1.13 EVAW’s “Making the grade” report also points out that those countries that had adopted integrated plans of action on violence against women report benefits that include better inter-agency working, raised awareness of the issues, more eVective legislation and policies and innovative practice.102 The TUC believes that such an approach is essential given that incidence rates of violence against women are not decreasing and that surveys reveal that a substantial minority of the general population hold disturbing attitudes condoning violence against women.103 1.14 The introduction of the Gender Equality Duty and the creation of the CEHR present the opportunity to integrate a crosscutting, integrated approach to tackling violence against women. Furthermore, the positive duty to promote gender equality would enable an approach to violence against women that would concentrate on tackling violence against women before, not after, its occurrence. The Gender Equality Duty is also an opportunity for Government departments and other agencies to think seriously and practically about how gender based violence is a real barrier to achieving and promoting women’s equality.

100 UN Declaration on the Elimination of Violence Against Women defines violence against women as: “any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suVering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life”. 101 Details of the survey questions and results, as well as statistics and case studies on violence against women can be found in “Making the Grade 2006” which can be supplied upon request. 102 EVAW’s information was obtained from Lovett, J (2005) Briefing document on strategic approaches to addressing violence against women, London: Child & Woman Abuse Studies Unit. 103 Survey conducted in 2006 for the NSPCC’s Don’t hide it drive against child sex abuse in association with Sugar’s Be S.A.F.E. Before Sex campaign, a study by the University of Glasgow in 2005 (http://www.hebs.co.uk/research/pdf/ GenderedViolence.pdf Young People’s Attitude towards gendered violence, 2005 Michele Burman and Fred Cartmel) and research by Amnesty International with ICM, conducted on 21st November 2005. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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1.15 The TUC believes that the CEHR is in an ideal position to take on the issue of violence against women. The TUC endorses the views set out by the Equality and Diversity Forum in their response to the Home AVairs Select Committee’s Inquiry, which highlights the way that women’s experience of domestic violence is informed by their ethnicity, age, sexual orientation, disability and religion or belief. Women from some ethnic minority communities may face particular diYculties in accessing services that are responsive to their concerns, and may find it harder to leave a violent situation if it means they also leave behind other forms of community support. This situation is exacerbated by the lack of long term secure funding for services supporting vulnerable women and girls. BME women, women on low incomes, traYcked children, disabled women, women who live in rural areas and trans people currently experience service gaps that compound the diYculties they face in receiving support. The TUC is also concerned at the lack of provision for people within same sex relationships experiencing violence within the home. The CEHR is thus in an ideal position to lead eVective approaches that take account of the diversity of women facing abuse and their needs.

Recommendations — Adoption of the United Nation’s definition of Violence Against Women by all Government departments. — A focus on preventing violence against women before, rather than after, its occurrence. — Inclusion of tackling violence against women in the Government’s Public Service Agreements. — The development and implementation of a strategic, cross-departmental approach to tackling violence against women in England, Wales, Northern Ireland and the extension of the strategy on reserved matters to Scotland. — Provision of long term, secure funding to support joined up services for vulnerable women and girls. — Closure of service provision gaps experienced by certain groups, including BME women, women on low incomes, traYcked children, disabled women, women who live in rural areas and trans people. — Service provision for those people in same sex relationships experiencing domestic violence. — Tackling violence against women to be a priority for the new CEHR. — Use of the Gender Equality Duty to tackle violence against women. — Awareness raising amongst employers of the impact of violence against women in the workplace and encouraging the provision of appropriate support, in consultation with trade unions. 2 October 2007

APPENDIX 29

Memorandum submitted by the Stella Project

1. Executive Summary 1.1 The Stella Project is concerned that some of the most vulnerable domestic violence survivors, those with drug and alcohol problems, are unable to access safe housing due to their complex needs. With trained staV and support from an outreach worker from a local drug/alcohol agency refuges can be supported to provide safe housing for some drug/alcohol users. There are some examples of good practice in London illustrating how partnership working between individual agencies and between departments in local government can be eVective. However this is not widespread across the UK. 1.2 For women escaping violence with more chaotic drug/alcohol use, refuges are simply unable to provide the high level of support required. Unable to escape to a place of safety from which they can begin to address their substance use, many women have their children removed. There are very few women only residential drug services in the UK, and even less where children can accompany their mothers. None have procedures in place to support a mother and her children around domestic violence. Therefore, the Stella Project recommends the development of specialised 24 hour residential services which can support women (and their children) around domestic violence and problematic substance use. 1.3 With an increased awareness of the links between domestic violence perpetration and alcohol intoxication, there needs to be the development of specialised initiatives to address alcohol and drug related domestic violence. Drug/alcohol workers lack suYcient knowledge and support to work with drug/alcohol users who are also domestic violence perpetrators and perpetrator programmes do not have any elements in the course which specifically address the links between domestic violence, alcohol and drug use. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.4 The Stella Project recommends the development and pilot of a specific module or programme which actively addresses these issues. This should be supported by eVective partnership working with local drug and alcohol agencies which can provide outreach support and referral links where needed. 1.5 Furthermore, information and training about the requirements of reporting and sharing information to Multi-Agency Risk Assessment Conferences (MARACs) does not commonly reach drug and alcohol agencies. Drug and alcohol practitioners need to be actively engaged in this process. 1.6 Finally, the Stella Project wishes to highlight the need for improved joined-up work across central government when addressing alcohol, drug and domestic violence policy. For example, the recent update to the Alcohol Harm Reduction Strategy was a missed opportunity to address alcohol related domestic violence. The National Tackling Violent Crime Programme which address two forms of high volume crime, domestic violence and alcohol related crime, fail to make the links between the two.

2. About the Stella Project 2.1 As the leading agency addressing drug and alcohol related domestic violence and abuse, the Stella Project works across all 33 London boroughs for positive, sustained improvement in the way services are delivered to survivors, their children and perpetrators of domestic violence aVected by problematic substance use. 2.2 We aim to influence the development of policy to reflect and acknowledge the link between domestic violence, drug and alcohol use. Through training, support and consultancy, the Project works to build the capacity of agencies and develop the skills and expertise of practitioners to eVect change in practice. 2.3 Established in 2002, The Stella Project is a partnership between the Greater London Domestic Violence Project (GLDVP) and the Greater London Alcohol and Drug Alliance (GLADA). The Greater London Domestic Violence Project works to end domestic violence across the capital by supporting direct service providers and promoting joint working. The Greater London Alcohol and Drug Alliance (GLADA), established by the Mayor of London in 2002, is a strategic network of organisations and agencies concerned with the problems caused by drugs and alcohol in London.

3. Support for Victims 3.1 Drug and alcohol use increases the risk of serious injury to domestic violence victims and children. Women are less able to protect themselves and their children from injury when intoxicated and a number of studies have found that the perpetrators use of alcohol, particularly heavy drinking, was likely to result in more serious injury to their partners than if they had been sober.104 3.2 There is increasing recognition that women presenting to domestic violence agencies have alcohol and drug problems. US research shows that 30–40% of women using refuge services had substance problems, mainly alcohol.105 There is a lack of research from the UK into this issue however what we do have is telling. A one week screening period of women in domestic violence agencies in East and West London (n%80) revealed that 44% reported their own problematic substance use.106 This figure rose to 92% of women in touch with outreach or tenancy support services.107 3.3 Screening by domestic violence agencies often results in survivors being excluded from admission to safe accommodation or using services that do not understand, or respond to, their dual needs. There are only a few refuges in London which are willing to accept women with additional support needs around (non chaotic) drug and alcohol use. These pioneering projects are attempting to take on more complex cases through innovative approaches to partnership work and without extended resources. They are able to support one or two women at a time. However, the majority of refuges feel they are unable to take on this work without resources and leadership. 3.4 There is one refuge in London specifically for women with complex needs and provides 24 hour support. A drug and alcohol support worker is funded from the local Drug Action and Alcohol Team. This is an excellent example of joint working between local government departments and should be encouraged. However, this refuge is only available for women who have been resident in the London Borough of Southwark for more than six months. 3.5 Women with more unstable and chaotic drug and alcohol use outside of the London Borough of Southwark cannot be supported by refuges due to the complexity of the cases and the need for specialist support. Survivors of domestic violence are over-represented in drug/alcohol treatment: One recent British

104 Brecklin, L. (2002) “The role of perpetrator alcohol use in the injury outcomes of intimate assaults”, Journal of Family Violence, 17 (3), pp 185–196. 105 Downs, W R. (1999) “Violence Against Women: The Need for Improved Medical Screening, Identification and Service Provision”. Paper presented at University of Hull, England. October 1999. 106 Humphreys, C & Regan, L. (2005) Domestic Violence and Substance Use: Overlapping Issues in Separate Services, Final Report, available to download at www.gldvp.org.uk 107 This was based on a small sample therefore further research would be needed to confirm this finding. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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study found 40–67% of women had suVered violence and abuse in the last five years.108 A UK study of 60 women using crack cocaine found that 40% reported being regularly physically assaulted by a current partner and 75% being physically assaulted by a current or past partner.109 In a study of inner London treatment agencies in 2000, 30% of women reported physical violence from their current partner110 although this figure is estimated to be higher due to women’s fear and diYculty in disclosing their experiences of violence and abuse. 3.6 Data from the US consistently shows that women attending substance use services have suVered higher levels of domestic abuse. 60–70% of women are reported as suVering physical or sexual abuse at some point in their lives.111 This figure increases when other forms of abuse, eg. psychological abuse, are included. For many of these women, unable to be supported in most refuges, a specialised service which can address both their drug and alcohol problems and provide safety and emotional support addressing experiences of violence and abuse is needed. 3.7 Furthermore, the Advisory Council on the Misuse of Drugs’ Hidden Harm inquiry recommended that eVective treatment for drug using parents can have major benefits for the child. For women also experiencing domestic violence, their physical safety and emotional well being must be addressed first before there is any chance of reducing drug use. There are very few women only residential drug services in the UK, and even less where children can accompany their mothers. None have procedures in place to support a mother and her children around domestic violence. 3.8 Therefore the Stella Project recommends the development of specialised 24 hour residential services which can support women (and their children) around experiences of violence and abuse and problematic substance use.

4. Perpetrator Programmes 4.1 Home OYce research on domestic violence oVenders (n % 336) showed that 48% were classified as “alcohol dependent”.112 Further research based on small scale studies in London and Nottinghamshire found that 63% of men attending domestic violence perpetrators programmes reported that they had substance misuse problems.113 The US research also shows that about half of men attending alcohol and drug services admit to perpetrating such abuse Gondolf’s multi-site evaluation of perpetrator programmes has shown that the man’s drunkenness after programme intake made him 3° times more likely to re-assault his partner than a man who did not get drunk. If the man was drunk nearly everyday, he was 16 times more likely to re-assault than those who seldom or never drank.114 4.2 At present, no perpetrator programmes in the UK contain modules which address the links between alcohol, drugs and domestic violence. While programmes give clear messages that alcohol and drugs do not cause domestic violence, a more sophisticated response is required to fully address the myths and beliefs related to alcohol disinhibition and violence. 4.3 The Stella Project recommends the development and pilot of a specific module or programme which actively addresses these issues. This should be supported by eVective partnership working with local drug and alcohol agencies which can provide outreach support and referral links where needed.

5. Barriers to Multi-agency Working 5.1 Practitioners have highlighted how experiences of domestic violence impact on a woman’s ability to access and be retained in drug or alcohol treatment.115 Equally drug or alcohol use within the context of an abusive relationship can impinge on a woman’s ability to seek help and safety from a domestic violence agency. For domestic violence perpetrators, reducing substance use (including alcohol) may reduce levels of physical injury but has not been shown to reduce the actual occurrence of domestic violence (ie non physical abuse such as psychological and sexual violence).116

108 Humphreys, C & Regan, L. (2005) Domestic Violence and Substance Use: Overlapping Issues in Separate Services, Final Report, available to download at www.gldvp.org.uk 109 Bury, C & Al. (1999) An examination of the needs of women crack users with the attention to the role of domestic violence and housing, Report for the Lambeth, Southwark and Lewisham Health Authority in collaboration with the National Addiction Centre and the Brixton Drug Project). 110 Powis, B, Gossop, M, Bury, Payne, K and GriYths, P. (2000) “Drug Using mothers: social, psychological and substance use problems of women opiate users with children”. Drug and Alcohol Review 19, 171–180. 111 See for example, El-Bassel, N, Gilbert, L, Schilling, R and Wada, T. (2000) “Drug Abuse and Partner Violence among Women in Methadone Treatment”. Journal of Family Violence. 15 (3), 209–228 and Karageorge, K and Wisdom, G. (2001) UPhysically and sexually abused women in substance abuse treatment: treatment services and outcomes. Virginia: Center for Substance Abuse Treatment. 112 Gilchrist, E, Johnson, R, Takriti, R, Weston, S, Beech, A and Kebbell, M. (2003) Domestic violence oVenders: characteristics and oVending related needs, Findings 217 London, Home OYce. 113 Humphreys, C & Regan, L. (2005) Domestic Violence and Substance Use: Overlapping Issues in Separate Services, Final Report, available to download at www.gldvp.org.uk 114 Gondolf, E W. (2002) Batterer Intervention Systems: Issues, Outcomes and Recommendations, Sage: USA. 115 Galvani, S & Humphreys, C. (2007) The impact on violence and abuse on engagement and retention rates for women in substance use treatment NTA. 116 Jacobs, J. (1998) The Links Between Substance Misuse and Domestic Violence, Alcohol Concern: London. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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5.2 Drug, alcohol and domestic violence practitioners have many fears about taking on work from the other field. It is unrealistic to expect each sector to become specialists in the “other’s issue”. The Stella Project advocates a partnership approach with each sector working to a set of standards which commits them to routine questioning, providing information to service users and sharing information with other agencies where necessary. Furthermore, we promote a model of cross sector outreach work eg domestic violence advocates providing regular outreach at a local drug/alcohol agency and vice versa. 5.3 Of particular concern is the fact that drug and alcohol agencies do not feel capable of providing eVective responses to their clients who are perpetrators of domestic violence and abuse. It is a common belief that this area of work is not within their remit. Furthermore, information and training about the requirements of reporting and sharing information to MARACs does not commonly reach drug and alcohol agencies. Therefore, the Stella Project further recommends greater support to drug and alcohol practitioners to actively engage them in this process. 5.4 However, with ever-competing requirements in reporting and funding priorities unless there are targets and standardised requirements to develop this area of work, it is easily sidelined. For example, National Treatment Agency requirements in reporting from drug/alcohol agencies (NTDMS) do not stipulate reporting of experiences of violence and abuse and how this impacts on treatment. Without this, many agencies do not ask about or respond to domestic violence and the issue remains hidden for many of their service users. The Stella Project recommends that the NTA initiate reporting requirements about experiences of violence and abuse amongst service users. 5.5 A more integrated approach to this issue from central government is required. For example, the recent update to the National Alcohol Harm Reduction Strategy (Safe.Sensible.Social) while making scant references to domestic violence did not outline any initiatives of how to address alcohol related domestic violence. The National Tackling Violent Crime Programme which address two forms of high volume crime, domestic violence and alcohol related crime, fail to make the links between the two eVectively. New initiatives such as alcohol arrest referral and brief intervention pilots could provide an opportunity for action and the Stella Project calls on central government departments to ensure this opportunity is not missed. More detailed recommendations are outlined in the Stella Project Response to Safe Sensible Social which is attached.

The Stella Project Response to Safe Sensible Social—The Next Steps in the National Alcohol Strategy The Stella Project is a partnership between the Greater London Domestic Violence Project (GLDVP) and the Greater London Alcohol and Drugs Alliance (GLADA) and works for positive, sustained improvement in the way services are delivered to survivors, their children and perpetrators of domestic violence aVected by problematic substance use. Although primarily focused on work in Greater London, we are the leading agency with expertise in this area and our work has national significance. While it is encouraging that the Government is progressing in the implementation of the 2004 National Alcohol Strategy, the Stella Project is concerned that the new document Safe. Sensible. Social has not been subject to consultation. In this absence, the Stella Project wishes to highlight some areas that need further clarification with regards to addressing alcohol related domestic violence. “Due to the large fall in violent crime since 1995. as measured by the BCS, the actual number of oVences where the oVender is believed to be under the influence of alcohol has dropped by about a third since 1995”. (22) It is important to stress the diVerent position with regards to domestic violence. An analysis of BCS statistics since 1995 show that the percentage of domestic violence assaults where the oVender was thought to be under the influence of alcohol at the time has increased steadily from 30% in 1995 to 53% in 2005.[1] The Stella Project believes that this analysis should be highlighted in any guidance issued from central government to support local partnerships in addressing alcohol related oVending. Key stakeholders referred to in the strategy such as the Regional Directorates of Public Health and Government OYces should also be aware of these statistics. “Two domestic violence enforcement campaigns (DVECs) have also been carried out to improve police performance in relation to evidence gathering and enforcement and, through such eVorts, to increase the number of oVenders brought to justice”. (42) The Stella Project welcomes the police attention given to monitoring alcohol related domestic violence during a recent 2006 DVEC. Recommendations coming from the evaluation pointed to the diYcultly in gaining accurate recording of alcohol use and the need for better data collection in this area. The Stella Project would like to see a focus on distinguishing between those oVenders who consume small amounts of alcohol and those who consume at binge, hazardous or harmful levels. It is also important to stress that although physical assaults may be linked to alcohol use, other aspects of domestic violence perpetrated by the same oVender (eg emotional and financial abuse) often take place in the absence of alcohol. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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“In the Stella Project in London and the A&E data sharing initiative in the South-East, 22 hospitals collected data on violent crime and shared information to reduce violent crime, oVered support to victims and helped to ensure that perpetrators were dealt with through the criminal justice system”. (42) The above quote is incorrect. The Stella Project was not involved with the A&E data sharing initiative. Furthermore, it is important to highlight that domestic violence monitoring in this data sharing initiative was not cross referenced with alcohol use. The Stella Project would, however, encourage such cross referencing in future data collection initiatives. Data collection is important and much needed. However, initiatives need to go further and be more innovative to address alcohol use by victims and perpetrators of domestic violence. Future Tackling Violent Crime Programme initiatives need to specifically address the needs of both perpetrators and victims who are using alcohol problematically. For example, opportunities should be explored for giving brief intervention and advice regarding alcohol use to domestic violence oVenders and referral to appropriate services. Trained practitioners can take this opportunity to challenge myths related to alcohol related domestic violence. The Stella Project would like to see support for pilots modelled on this approach such as that taking place in the London Borough of Lewisham. There is a need for such pilots to be fully monitored and evaluated for their outcomes—in particular whether they achieve a reduction in repeat victimisation and help to increase victim safety. “The Home OYce will develop new guidance and support for Government OYce for the English regions and a wide range of stakeholder groups represented at a local level...”(49) In this role, the HO can encourage more integrated approaches by, for example, encouraging the use of cross cutting LAA targets which address alcohol related domestic violence (the Stella Project has produced guidance on this available at http://www.gldvp.org.uk/C2B/document–tree/ViewADocument.asp?ID%96&CatID%76) Funding devolved to local level must be linked to targets to reduce alcohol related harm. Further guidance needs to illustrate how local partnerships can support children aVected by parental alcohol misuse and the need for family support services which address the interlinking issues of alcohol, poverty and domestic violence. “The Home OYce aims to establish a small number of alcohol arrest referral schemes by Autumn 2007”. (88) It is imperative that specialist referral workers are trained in domestic violence and support is given to develop links with appropriate services for victims and perpetrators. Monitoring could focus on whether such interventions can increase attendance on community based perpetrator programmes with the ultimate aim of reducing repeat victimisation and increasing safety to victims. “Models of Care for Alcohol Misusers (MoCAM) and associated guidance have taken into account the needs of both victims and perpetrators of domestic violence”. (89) The Stella Project welcomes the references to domestic violence in MoCAM and the recognition of the need for specific guidance for “integrated care pathways” for both victims and perpetrators. The Stella Project eagerly awaits this additional guidance due to be published in Q4/2007. MoCAM further recommends the use of alcohol brief interventions and advice pilots in healthcare settings. Given the research relating to the numbers of women in alcohol services who have experienced domestic violence, the Stella Project believes that some simple steps can be taken to address this under the banner of “brief interventions”. Practitioners need to be alert to the fact that a person’s drinking may be related to their experiences of domestic violence which may aVect the type of advice that is given. All healthcare settings should have details of alcohol services which oVer gender specific service or domestic violence support. For example, Turning Point’s service in Watford General Hospital A&E provides a direct referral into an alcohol and domestic violence group. At a minimum, all service users should be issued with info of local domestic services alongside alcohol information. This falls in line with the guidance produced by MoCAM. “Elsewhere in the CJS, the courts can, for example, attach an Alcohol Treatment Requirement (ATR) to a community order or suspended sentence order...”(53) The Stella Project would like the courts to consider mandates which combine an Alcohol Treatment Order (ATR) alongside an Integrated Domestic Abuse Programme (IDAP). Consideration should be given to which substance misuse agency will monitor and deliver the ATR given to domestic violence oVenders. For example, there are a number of substance misuse agencies in London who have trained staV on domestic violence and would be more appropriate to support such an alcohol order. “The NPS is also piloting the Lower Intensity Alcohol Module (LIAM) for those oVenders whose alcohol misuse and oVending needs are not suYcient to lead to a referral to one of the existing substance misuse programmes but might require referral to another programme (eg tackling violent behaviour)...”(53) The LIAM module may be a more viable and eVective requirement of a community order given to a domestic violence perpetrator where alcohol use is problematic. StaV delivering this programme should be trained on the dynamics of domestic violence and the links with alcohol use. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Finally, given the high number of prisoners who have experienced violence and abuse throughout their lifetime and who also have problematic alcohol or drug use, any interventions in prison settings around alcohol and oVending should address the link. 2 October 2007

APPENDIX 30

Memorandum submitted by Respect

1. Background 1.1 Respect is the UK association for domestic violence perpetrator programmes and associated support services. Our key aim is to increase the safety of those experiencing domestic violence by promoting eVective interventions with perpetrators. Respect is the leading national voice on domestic violence perpetrator issues and receives Home OYce funding to run the Respect Phoneline for perpetrators of domestic violence; to run MALE, the Men’s Advice line for male victims of domestic violence; and to develop accreditation for perpetrator programmes in England and Wales. 1.2 Respect welcomes this inquiry into domestic violence. Our submission will focus predominantly on issues regarding perpetrators—both in terms of risk management and behaviour change.

2. Executive Summary

2.1 Implementation of the DVCVA 2004 Implementation of the DVCVA has been disappointingly slow and we would wish to a clear time frame for the implementation of the remaining sections, particular those allowing the court to impose restrictions on the perpetrator to protect the victim without having to seek this through the civil route. This would greatly improve the risk management of oVenders in the community.

2.2 Existing legislation The DVCVA 2004 plugged some gaps to ensure that all victims receive equal protection under the law. Respect believes that existing legislation is on the whole suYcient—it is the implementation of the legislation that needs some attention.

3. Public Education and Awareness-raising

3.1 Need for targeted, not gender-neutral campaigns Whilst attempting to be sensitive to the needs of male victims and lesbian, gay, bisexual and transgender (LGBT) people, gender neutral domestic violence campaigns actually obscure the reality of domestic violence (which is most often perpetrated by men against women) and confuses both those seeking help and members of the public who the campaigns are trying to educate.

Recommendation Rather than a one-size-fits-all strategy, there is a need for carefully targeted campaigns which speak directly to specific groups and/or about particular kinds of violence and abuse, with resources allocated proportionately.

3.2 Need for campaigns aimed at perpetrators The Home OYce “Enough” campaign to raise awareness about the unacceptability of domestic violence but the impact of this and other campaigns on perpetrators does not seem clear. Respect believes it is essential that Home OYce campaigns address issues for both victims and perpetrators and educate the general public about both in more targeted and positive way. In 2005 the Metropolitan Police Service (MPS) targeted a campaign at men / male perpetrators (with a subsidiary campaign aimed at LGBT perpetrators). This had widespread coverage on tube stations, on the radio and at football grounds and MPS monitoring showed it to have the highest recognition rate amongst men, of all MPS campaigns. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Recommendation Respect would like to see similar campaigns developed across the country, particularly targeted in areas where perpetrator programmes are already established.

3.3 Need for DCSF leadership re: the education of children and young people There is an acute need both for information and support services for children and young people experiencing domestic violence (either in their own families or in teenage relationships) and to educate all young people as part of a prevention strategy.

Recommendation The Department for Children, Schools and Families (DCFS) needs to provide clear leadership, ensuring that education on domestic violence issues is mainstreamed into the national curriculum and not left to the discretion of individual schools or local authorities.

3.4 Need for clear information for friends and family of both victims and perpetrators It is often friends and family that victims of domestic violence turn to first, before contacting police or other services. Family and friends may be aware of the violence even without being told. It is hard enough to know how to support a friend or relative experiencing domestic violence, let alone to know how to respond in a useful way to a perpetrator.

Recommendation A campaign that equipped the general public with information about how to respond to friends and family would be incredibly useful. This could easily be combined with a general public awareness campaign aimed at preventing domestic violence.

3.5 Widespread multi-media campaigning Domestic violence as an issue has not benefited from the sustained, high-profile, multi-media campaigning that other issues such as drink-driving receives.

Recommendation Provide resources for such multi-media campaigning on domestic violence issues.

4. Police Powers and Legal Protections for Victims

4.1 Implementation of ACPO guidance The Association of Chief Police OYcers (ACPO) guidance on domestic violence is clear. The problems are with its implementation and monitoring, which is incredibly patchy.

Recommendation Enforcement and monitoring of the implementation of ACPO guidance in police services around the country. This should be accompanied by mandatory training of all oYcers.

5. Criminal and Civil Justice Processes, including the Specialist Domestic Violence Court Programme 5.1 Respect welcomes the extension of the SDVC programmes as we believes this has improved the experience of victims of the court process. We would wish to see the objectives of the SDVC initiative to be defined in terms its role in wider coordinated community response and increases in victim safety as well as successful prosecutions. The introduction of Independent Domestic Violence Advisors (IDVA’s) has added greatly to the safety of victims.

Recommendation The continuation of the SDVC initiative with a greater emphasis on monitoring repeat victimisation, the on going risk management of perpetrators and that IDVA’s are independent of the criminal process and well resourced. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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6. Support for Victims, including Finance and Refuge Services

6.1 Increasing safety is the goal Individual agencies (and workers) can become so immersed in their own part of the domestic violence system that they fail to see the bigger picture. Criminal justice agencies in particular have a tendency to see a criminal conviction as a positive outcome, and the end of the process. For a victim of domestic violence, however, a conviction is a small part of the process to becoming safe. It often does lead to an increase in safety—particularly with appropriate sentencing—but in some cases can actually lead to an increase in risk. For example, if a perpetrator believes that it is his partner or ex-partner’s fault that he got convicted, he might punish her at a later date. A reduction in reconviction rates is often held up as a success, but it can be misleading in cases where a victim has become too scared to phone the police if she has been punished for doing so before.

Recommendation All agencies should have increasing victim safety as their priority, above all else. Data collection should reflect this and include victim evaluations of safety as well as data on convictions, reconvictions etc.

Recommendation StaV need to be trained to understand this complex issue and their part in the process.

6.2 The need for longer term support There are hardly any services for victims which deal with their longer term recovery—most services are about crisis intervention and reducing risk in the short term. Victims can be left with devastating long term mental health and/or drug and alcohol issues.

Recommendation There is an economic as well as moral argument for providing longer term support for victims. Society should be invested in aiding victims’ recovery, so that they can fulfil their potential and go on to lead productive, useful and happy lives.

7. Perpetrator Programmes

7.1 Need for interventions with perpetrators across agencies—not just perpetrator programmes for convicted oVenders In our response to Safety and Justice in 2003, Respect highlighted the need for a holistic strategy across all statutory agencies which went beyond the then narrow focus on perpetrator programmes for convicted oVenders and focused on both risk management and behaviour change. There have been some positive developments since then, including the Home OYce’s support for Respect’s development of accreditation for perpetrator programmes for non-convicted oVenders. However, it is still the case that key frontline agencies such as Health and Social Services fail to address perpetrator issues on either a practical or strategic level despite the fact that they come into contact with domestic violence perpetrators on a regular basis. These agencies have opportunities for early intervention, often before a situation has come to the attention of criminal justice agencies, but staV often just don’t know what to do.

Recommendation Respect would like to encourage the HAC to broaden its scope to investigate perpetrator interventions that focus on harm reduction/increasing safety, not just on perpetrator programmes/reducing re-oVending.

Recommendation Principles, minimum standards, protocols, procedures and training for statutory and voluntary sector frontline agencies are needed, to equip them to deal eVectively and safely with domestic violence perpetrators. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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7.2 Convicted oVenders—capacity issues The Probation Service is responsible for providing perpetrator programmes for convicted oVenders. They have two programmes accredited by the Correctional Services Accreditation Panel (CSAP)—the Integrated Domestic Abuse Programme (IDAP) and the Community Domestic Violence Programme (CDVP). There have been considerable teething problems in getting these programmes up and running and operational diYculties remain in most areas. In theory these programmes are available as a sentencing option in all domestic violence cases. However, in practice we are aware of huge capacity issues that mean that there are nowhere near enough programmes running for the number of potentially suitable convicted oVenders. There is a great deal of variation across regions both in terms of capacity and in terms of how oVenders are allocated to programmes. In some areas allocation is purely on a first come, first served basis. In other areas the allocation is based on a risk assessment and in other areas a combination of risk and suitability (as endorsed by Respect) are considered. Research (such as that by Gondolf in the USA) identifies that perpetrator programmes are most eVective when they get oVenders on to programmes quickly post sentence, include intensive early intervention and have systems in place for victim support and multi-agency risk management. Many of these issues have been acknowledged by the Probation Service in the UK and even addressed at strategic level, but a lack of resources means that they have failed to be implemented. There are often long waiting lists and minimal victim support. We have heard of areas with one Women’s Safety OYcer for a whole county and areas where oVenders fail to complete their order due to a lack of capacity (ie the Probation Service fails to provide a programme place before the timescale of the order expires).

Recommendation Resources need to be made available to address capacity issues so that IDAP or CDVP is accessible to all convicted perpetrators who are assessed as suitable and that adequate levels of Women’s Safety OYcers (as per Respect’s minimum standards) are provided. This should involve partnership working with local voluntary sector agencies (which meet Respect’s minimum standards / are accredited by Respect—this process will begin in 2008).

7.3 Convicted oVenders who are not suitable for IDAP or CDVP Often oVenders who are not suitable for programmes pose a higher risk to victims than those who are suitable—yet being rejected for a programme often means that they receive less intervention. Also Women’s Safety OYcer support is often not available for the partners of these men, as referrals are made post-sentence when an oVender is about to start a programme—so if he has not been sentence to attend a programme his partner may not receive any support, even if he is high risk. Probation practice is patchy on both of these issues.

Recommendation Probation procedures need to identify those oVenders who are unsuitable for their programmes and put in place harm reduction measures such as increased containment and risk management.

Recommendation Women’s Safety OYcer support needs to be more structured and consistent and available pre-sentence and in the early months of the programme when they are most likely to experience reassault.

7.4 Convicted oVenders—court outcomes There is wide variety in the sentencing of convicted oVenders and the enforcement of orders from area to area.

Recommendation Data collection and monitoring of court outcomes/sentencing would be very useful.

Recommendation Comprehensive evaluation of the eVectiveness of diVerent sentencing options is needed—measured by partner reports as well as reconviction/re-oVending rates.

Recommendation Respect would like to see the consistent enforcement of orders, with swift and consistent sanctions for non-attendance, non-compliance and reoVending. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Recommendation Respect would also like to see the introduction of compliance hearings—a periodic report back to court on progress—which have proved successful in the USA.

7.5 Voluntary sector perpetrator programmes—accreditation Voluntary sector perpetrator programmes take referrals from statutory agencies such as Social Services, Health, Family Courts, from other voluntary sector agencies such as Relate and Women’s Aid, and from perpetrators themselves. The Home OYce is supporting Respect to develop accreditation for perpetrator programmes. This two year project, is on schedule and will come to an end in April 2008.

Recommendation Respect recommends that further funding be made available to roll out the new accreditation system for the sector.

7.6 Voluntary sector perpetrator programmes—capacity issues Provision of perpetrator programmes for non-convicted oVenders is incredibly patchy, with vast areas of the country having no provision at all. The programmes that do exist are usually overstretched, with long waiting lists. There is no secure funding for these programmes—most of them are grant-funded and their financial situation is often precarious.

Recommendation Long term, sustainable funding streams need to be made available to give this part of the sector security. Respect would like to see a minimum of one perpetrator programme (with associated support service for victims) for every local authority area.

7.7 Voluntary sector perpetrator programmes—access issues Very few of the voluntary sector programmes have developed services which are relevant to perpetrators from BME communities, and we are not aware of any programmes targeted at perpetrators in same-sex relationships.

Recommendation Research and development of specialist services is needed to ensure programmes are accessible to all perpetrators, in order to increase the safety of all victims.

7.8 Research There is hardly any UK based research into the eVectiveness of perpetrator interventions. This is hampering the development of eVective services, Respect is working to develop a full evaluation of Non court-mandated perpetrators and would wish to see government support this.

Recommendation Support further UK based research into the eVectiveness of interventions with perpetrators.

8. Multi-agency Approaches, and what Barriers Exist to their Effective Operation

8.1 Structural barriers Although huge improvements have undoubtedly been made, the structures just aren’t there for eVective communication within some agencies, let alone between agencies, both at strategic and frontline levels.

Recommendation The relevant department (eg Home OYce, DH, DFSC) needs to provide leadership to ensure that structures are in place to encourage communication and eVective multi-agency working. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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8.2 Agency’s cultural barriers Each agency has a unique history, perspective and internal culture. Often they are unaware of the important history, perspective and internal culture of other agencies. In recent times, the Police have often taken a welcome lead and driven things forward at local level, but sometimes fail to take on board the perspectives of other agencies. For example, as an agency committed to information sharing, they can become frustrated with Health professionals refusing to share information, while failing to understand the strict confidentiality codes and organisational culture that underpins this perspective.

Recommendation It is essential that one agency does not dominate—but this requires all agencies to participate fully.

Recommendation Opportunities to learn about other agencies to break down these barriers and misunderstandings would be useful. Given time restraints, if this is not possible, at least having an acknowledgement of agency diVerences in the terms of reference of multi-agency groups would be useful. Respect would also wish to support the submission by Women’s Aid England 2 October 2007

APPENDIX 31

Memorandum submtited by Women’s Aid Federation of England

1. Introduction and Summary of Key Issues

1.1 Women’s Aid 1.1.1 Women’s Aid is the national domestic violence charity that co-ordinates and supports an England- wide network of over 370 local organisations which provide over 500 services working to end violence against women and children (see Appendices 3 and 4 for more details). Women’s Aid services support more than 350,000 women and children every year.117 1.1.2 This response is written from the point of view of service providers and survivors, and is informed by a special survey of our member organisations and individual supporters (see Annex 1).118

1.2 Summary of key issues 1.2.1 Domestic violence is physical, sexual, psychological or financial violence that takes place within an intimate or family-type relationship and that forms a pattern of coercive and controlling behaviour. This can include forced marriage and so-called “honour crimes”. Domestic violenceU may include a range of abusive behaviours, not all of which are in themselves inherently “violent”. ResearchUshows that domestic violence isUmost commonly experienced by women and perpetrated by men,119 and aVects every community regardless of race, ethnic or religious group, class, sexuality, disability or lifestyle. For this reason, we refer to women as victims/survivors and men as perpetrators in the remainder of this response—though we recognise that men may sometimes be victims, and abuse may be perpetrated by other family members. One in four women experience domestic violence in their lifetimes, and between 6–10% of women in any one year.120

117 See:http://www.womensaid.org.uk/downloads/WA–survey–dv–service–findings.pdf. Data from our Annual Surveys show that 19,836 women and 24,347 children were provided with refuge-based services in 2004–05, and a further 196,205 women and 129,193 children accessed outreach, floating support and other services. There was a slight fall for the year 2005–06, though the occupancy rate remains steady at 95%–100%, indicating that women and children are staying longer in refuge accommodation due to a shortage of permanent accommodation. 118 We sent out a questionnaire to our contacts in September 2007, and received more than 302 responses within a week, including some from survivors. 119 See Walby, Sylvia and Allen, Jonathan (2004) Domestic violence, sexual assault and stalking: Findings from the British Crime Survey (London: Home OYce Research, Development and Statistics Directorate). Their research showed that—while 45% women and 26% men had experienced at least one incident of inter-personal violence in their lifetimes— women are much more likely than men to be the victim of multiple incidents of abuse, and of sexual violence: iewomen constituted 89% of all those who had experienced four or more incidents of domestic violence. 120 Council of Europe (2002). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.2.2 Women’s Aid welcomes recent government initiatives that signal the mainstreaming domestic violence, and its recognition as a cross-government priority, including: — The National Domestic Violence Delivery Plan. — The establishment of the Inter-Ministerial Group on Domestic Violence. — The amalgamation of domestic violence and sexual violence within one department of the Home OYce. — The explicit inclusion within the National Delivery Plan of forced marriage, female genital mutilation (FGM) and honour-based violence. — The development of a strong criminal justice response to domestic violence and holding perpetrators to account.

1.2.3 Women’s Aid is concerned however, that there is an over-emphasis on a gender-neutral approach, which is not eVective: evidence confirms that men who report that they are victims of domestic violence have mostly had diVerent experiences from women victims/survivors and require a diVerent response.121 We are also concerned that the eVectiveness of the Government’s emphasis on criminal justice responses is undermined by an under-emphasis on other issues which are of equal importance in supporting survivors of domestic violence and ensuring their safety—including specialist gender-specific services to meet the immediate and long-term support needs of women and children who experience domestic violence. (See below, and Annex 2).

1.2.4 Recommendations: — The Government should adopt a gender-based definition of domestic violence/abuse, as does the Scottish Government.122 — This should be set within a national Violence Against Women Strategy, which recognises the need for specialist gender-specific services, raising awareness and changing attitudes. — There is a long term funding strategy to respond to the support and accommodation needs of women and children survivors.

2. Public Education and Awareness Raising

2.1 Public Awareness Campaigns

2.1.1 The National Delivery Plan recognises the need for greater public awareness of the unacceptability of domestic violence. Women’s Aid welcomes the Home OYce “Enough” campaign in March 2007 and the Metropolitan Police campaign (targeting perpetrators) in December 2005.

2.1.2 Such campaigns appear to reach only a minority, however: less than 25% of respondents to our survey had seen the national Home OYce campaign.123 Women’s Aid’s public awareness campaign in February 2007 appears to have made a greater impact: 69% saw the Women’s Aid/ACT campaign, and judged it eVective.124

2.1.3 Recommendations: — The Government should fund a properly resourced high profile national public awareness campaign (on the scale of those aimed at preventing drink driving) using all media, including television. — This should be part of a fully integrated domestic violence strategy and Violence Against Women strategy—as in Scotland.125

121 Robinson, Amanda and Rowland, James (2007) “What do men want?” Safe Summer 2007; Coulter, Mark (2007) “Male victims and national standards for domestic and sexual violence” Safe Spring 2007. 122 Scottish Executive (2000) National Strategy to address Domestic Abuse in Scotland available at: http://www.scotland.gov.uk/ library3/law/stra-01.asp Scottish Executive (2003) A National Strategy for the Prevention of Domestic Abuse available at: http://www.scotland.gov.uk/Resource/Doc/47176/0025563.pdf. See also—Scottish Executive (2005) Domestic Abuse: A National Training Strategy. 123 This may be partly due to the fact that it was regionally targetted. 124 For more information about the Women’s Aid campaign, see our website: http://www.womensaid.org.uk/page.asp?section%0001000100100006&itemTitle%Celebrity!Campaign 125 Scottish Executive (2000) ibid. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2.2 Education 2.2.1 There is wide acceptance of abuse among young people in the UK: 45% of teenagers believe that in some circumstances it is acceptable for a boy to assault his girlfriend.126 This tolerance of abuse is linked to gender inequality and sexual stereotyping. 2.2.2 However while local authorities are required to promote a domestic violence education pack127 for use in schools, and only half the respondents to our survey thought that schools’ responses to domestic violence had improved, schools are not required to use the pack. 2.2.3 Recommendations: — Domestic violence issues, gender inequality and sexual stereotyping be included as a mandatory part of the PHSE curriculum in all schools; integrated with work on anti-bullying, conflict resolution and healthy relationships.

2.3 Health 2.3.1 Women’s Aid welcomes the Department of Health’s revised practice guidance to health professionals, Responding to domestic abuse128, and the accompanying training manual.129 2.3.2 Recommendation: — The implementation of routine enquiry, training, and outcomes should be monitored consistently across all NHS trusts.

2.4 In the workplace 2.4.1 Since 2003, Women’s Aid has provided consultancy on workplace initiatives, producing the Good Practice Guide for Employers on Domestic Violence in the Workplace.130

3. Police Powers and Legal Protection for Victims

3.1 Police responses to domestic violence 3.1.1 Women’s Aid supports the ACPO Guidance on investigating domestic violence,131 including the positive arrest policy, and the requirement that police undertake risk assessment and ongoing risk management in all cases of reported domestic violence, and the use of risk assessment tools such as SPECSS.132 3.1.2 We also welcome the NCPE training programme, “Response to domestic violence”133 to be delivered to relevant staV in all forces by 2008.134 3.1.3 Police practice is generally improving,135 but is inconsistent: respondents to our survey reported numerous instances of both good and bad practice (for example, the continuing use of cautions in domestic violence cases is inappropriate) and no consistent implementation of the ACPO guidance. Respondents were also concerned that training might not always be directed at the right people (ie frontline oYcers). 3.1.4 According to research, only 24% of domestic violence oVences are reported to the police.136 Women’s Aid and other services provide support and information for many victims who do not use the criminal justice process. 3.1.5 Recommendations: — Mandatory training for all oYcers on the dynamics of domestic abuse, risk assessment, risk management of perpetrators, and evidence gathering.

126 Survey of 2000 teenagers undertaken by Sugar magazine in 2005. 127 Under BVPI (Best value performance indicator) 225. 128 Department of Health (2005) Responding to domestic abuse: A handbook for health professionals (London: Department of Health). 129 Available at: http://www.crimereduction.gov.uk/domesticviolence58.htm 130 See: http://www.womensaid.org.uk/page.asp?section%0001000100090006&itemTitle%Domestic!violence!and!the! workplace 131 Guidance on Investigating Domestic Violence (2004) produced on behalf of the Association of Chief Police OYcers by the National Centre for Policing Excellence (ACPO Centrex). 132 Richards, Laura (2003) MPS Domestic Violence Risk Assessment Model (London: Metropolitan Police) available at www.met.police.uk/csu/pdfs/AppendixIII.pdf 133 “Response to domestic violence” modular training package, produced by the National Centre for Policing Excellence (NCPE) is available on CD-ROM through Centrex. 134 Target set in the Government’s National Delivery Plan for Domestic Violence 2005–08. There is, however, currently no information available on progress towards this objective. 135 80% of respondents to our survey thought that police responses had improved over the past two or three years. 136 Walby and Allen (2004) op cit. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Consistent monitoring of the implementation of domestic violence policy and procedures through survivor feedback.

4. Criminal and Civil Justice Processes, including the Specialist Domestic Violence Court Programme

4.1 Protection under the criminal law 4.1.1 Women’s Aid supports the need for a strong response by the criminal justice system to domestic violence. We also note that 63% of prosecutions are now “successful”,137 due both to the work of the Crown Prosecution Service (CPS) and to the establishment of Specialist Domestic Violence Courts (SDVCs) in an increasing number of areas. We would, however, like to stress that an increase in successful prosecutions does not necessarily lead to increased safety for survivors. 4.1.2 Other aspects of good practice undertaken by the CPS include: — the development of a Policy for prosecuting cases of domestic violence;138 — establishing a National Project Assurance Group;139 — undertaking monitoring of every court in every region; and — developing a Violence Against Women strategy. 4.1.3 Women’s Aid wholly supports all the above initiatives, and recommends that all other relevant government departments use the CPS approach as a basis for their own strategic development.

4.2 Specialist Domestic Violence Courts 4.2.1 Women’s Aid welcomes the introduction of SDVCs and the extension of the SDVC programme, following the positive evaluation of two pilot courts.140 SDVCs should enable domestic violence cases to be fast-tracked, to be heard by specially trained magistrates, with support for victims from specialist staV, including Independent Domestic Violence Advisors (IDVAs). 4.2.2 There is some concern that IDVAs are not always completely independent,141 and that funding for them is both inadequate and short-term.142 4.2.3 Recommendations: — A national programme, monitoring and evaluating SDVCs should be established, with input from all local specialist domestic violence services. — SDVCs which integrate criminal, civil and family applications should be developed.143 — All magistrates, judiciary, and court staV—in both SDVCs and other courts—should be trained in domestic violence issues. — Risk management of perpetrators, and referral to court-mandated perpetrator programmes should be standard practice. — IDVAs should be truly independent specialists, employed by specialist domestic violence organisations, and have long-term secure funding to provide gender-specific services.

4.3 Protection under the civil law 4.3.1 Women’s Aid welcomes the recent implementation of sections 1 and 4 of the Domestic Violence Crime and Victims Act 2004 (DVCVA), extending the categories of persons who may apply for an order under the Family Law Act 1996 (FLA), and making breach of non-molestation orders a criminal oVence.

137 Crown Prosecution Service (2007) Domestic Violence monitoring snapshot (CPS Management Information Branch); available at: http://www.cps.gov.uk/publications/prosecution/domestic/snapshot–2006–12.html<01 138 Crown Prosecution Service (2005) Policy for prosecuting cases of domestic violence CPS Policy Directorate available at: http:// www.cps.gov.uk/publications/prosecution/domestic/index.html 139 Consultation with stakeholders, monitoring the implementation of the CPS domestic violence policy and procedures. 140 Vallely, C et al. (2005) Evaluation of domestic violence pilot sites at Caerphilly (Gwent) and Croydon 2004–05 (Crown Prosecution Service). See also Cook, D et al. (2004) Evaluation of specialist domestic violence courts/fast-track systems (CPS and DCA). 64 SDVCs were established by April 2007. 141 ie employed and managed by an independent voluntary sector organisation. 142 Responses from WA survey September 2007. 143 Following the implementation of s.4 of DVCVA 2004—ie criminalisation of breach of non-molestation orders—the integration of the two court systems would seem a priority. Research also indicates that the presence of children within the family has a significant eVect on attrition rates and may lead to more lenient sentences. See Hester, Marianne (2005) “Making it through the criminal justice system: Attrition and domestic violence” Social Policy and Society 5:1 pp 70–90. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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4.3.2 However Women’s Aid is concerned about limited eligibility and access to Community Legal Services (CLS) funding144 for civil applications, as this can delay or prevent women using the civil courts to protect themselves and their children.145 4.3.3 Recommendations: — The new provisions of DVCVA should be monitored, as part of a full evaluation of both criminal and civil procedures—with full survivor feedback. — Rapid implementation of section 12 of DVCVA (restraining orders) and section 60 of FLA (3rd party injunctions). — Monitoring the criteria of eligibility and access to CLS funding for orders under the FLA 1996 and DVCVA 2004 to consider whether they should be widened.

4.4 Family courts: Contact and residence

4.4.1 Women’s Aid has continuing concerns about the safety of children, when child contact or residence is contested, and there is domestic violence.146 Evidence from court files indicates that nearly 25% of private law contact cases involve allegations of domestic violence.147 CAFCASS148 has found even higher rates from monitoring private law cases.149 NAPO undertook a study of 300 contested residence and contact cases, and found that 77% of them featured allegations of domestic violence.150 4.4.2 Women’s Aid endorses the position taken by the Family Justice Council Report151 which recommended moving away from the assumption that contact was always the best way forward, and stressed that contact should always be “safe and positive for the child”. 4.4.3 Women’s Aid welcomes the Domestic Violence Toolkit152 recently revised by CAFCASS to co- ordinate with their Safeguarding Framework. CAFCASS advises that—even when contact is felt to be in the best interests of the child—the safety and protection of the child and the abused parent must be paramount. 4.4.5 Notwithstanding these recent initiatives, 65% of respondents to our survey said that family courts still do not take adequate account of safety when making contact/residence orders, and that there is considerable inconsistency in practice. There is also concern about the continuing use of mediation where there is domestic violence.153 4.4.6 Recommendations: — Consistent implementation by CAFCASS and Her Majesty’s Court Service (HMCS) of HMICA’s recommendations.154 — Independent monitoring of cases where contact and residence are contested, to ensure consistent good practice by CAFCASS and other court personnel. — Establishment of a national external stakeholder consultation group155 to monitor the roll-out and use of the CAFCASS Toolkit.

144 CLS funding—previously termed legal aid—is provided through the Legal Services Commission. 145 68% respondents to our survey had concerns about this. 146 See: Saunders, Hilary with Barron, Jackie (2003) Failure to protect? Domestic violence and the experiences of abused women and children in the family courts (Bristol: Women’s Aid); HM Inspectorate of Court Administration (2005) Domestic violence, safety and family proceedings (London: HMICA); Radford, Lorraine et al. (1999) Unreasonable fears? Child contact in the context of domestic violence (Bristol: Women’s Aid); Aris, R, Harrison, C and Humphreys, C. (2002) Safety and child contact: An analysis of the role of Child Contact Centres in the context of domestic violence and child welfare concerns (London: Lord Chancellor’s Department); Saunders, H. (2004) Twenty-nine child homicides: Lessons still to be learned on domestic violence and child protection (Women’s Aid). 147 Smart, C et al. (2003) Residence and contact dispute in court (Leeds: University of Leeds, Centre for Research on Family, Kinship and Childhood). 148 The Children and Family Court Advisory and Support Service—the body responsible for making reports to the family courts in cases where contact and/or residence is contested. 149 CAFCASS (2007) Domestic violence toolkit Version 2.1, August 2007, p 11. Available at: Uhttp://www.cafcass.gov.uk/ English/Publications/Publications.htm 150 CAFCASS (2007) op cit p 12. These documents set out how CAFCASS will assess risk through routine enquiry (screening), risk identification and safety assessment. 151 Family Justice Council Report to the President of the Family Division on the approach to be adopted by the court when asked to make a contact order by consent, where domestic violence has been an issue in the case (December 2006). Available at: www.family-justice-council.org.uk/docs/Reportoncontact.pdf. This report followed Lord Justice Wall’s Report on Twenty-Nine child homicides (March 2006) available at: http://www.judiciary.gov.uk/docs/report–childhomicides.pdf 152 CAFCASS (2007) op cit. 153 HM Inspectorate of Court Administration (2005) Domestic violence, safety and court proceedings (London: HMICA) expressed concern at the policy emphasis at that time on seeking mediated agreements. 154 HMICA (2005) ibid. 155 On the lines of the National Project Assurance Group established by the CPS. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Development of stronger Practice Guidance for family courts to ensure the safety of child and adult survivors of domestic violence.

5. Support for Victims, including Finance and Refuge Services

5.1 Provision of specialist domestic violence services

5.1.1 Research demonstrates that women who have experienced domestic violence have a variety of short- and long-term support needs.156 Practical and emotional support to enable survivors to re-build their lives can best be given by specialist domestic violence services within the voluntary sector. 5.1.2 It is essential to establish a secure funding framework for the provision of specialist and dedicated domestic violence services in all local areas, for all adult and child survivors of domestic violence. Service provision should include women-only157 refuge accommodation, outreach and floating support, local and national helplines, and advocacy. Specialist services, both within refuge accommodation and in the community, should also be available for children and young people who have been traumatised by domestic violence.158 5.1.3 Women’s Aid is concerned that the new commissioning framework means that specialist domestic violence services are under threat, following the move towards priorities being set and funding allocated at a local level. Whilst women’s organisations represent around 7% of the total voluntary sector, they are severely under-represented on Local Strategic Partnerships, comprising only 1.8% of voluntary sector representatives.159 Without suYcient participation in local decision-making bodies, women’s needs are not represented or prioritised in planning and funding strategies. 5.1.4 Recommendations: — Publication of guidance by the Department for Communities and Local Government to ensure that women’s voluntary sector organisations are equally represented on local decision-making bodies,160 as part of the Gender Equality Duty. — Establishment of a commissioning framework within which is embedded guidance on specialist gender-specific services for women who have experienced domestic or sexual violence (see Annex 2 for more detailed recommendations). — Supporting People funding to be extended, to ensure specialist services for the most traumatised children and young people.

5.2 Sanctuary Schemes

5.2.1 Women’s Aid welcomes Sanctuary Schemes as one option for some domestic violence survivors who choose to stay in their homes. Choice and safety must be the priority, however. Anyone who has had a Sanctuary Scheme installed should not be penalised later if they re-apply as homeless. 5.2.2 Recommendations: — Sanctuary measures should only be installed following proper risk assessment and risk management measures, and with specialist support for survivors and their children incorporated into the overall costings for any scheme.

156 See Abrahams, Hilary (2007) Supporting women after domestic violence: Loss, trauma and recovery (London: Jessica Kingsley Publishers); Humphreys, Cathy and Thiara, Ravi (2002) Routes to safety: Protection issues facing abused women and children and the role of outreach services (Bristol: Women’s Aid); Bossy, Jeanine and Coleman, Stephen (2000) Womenspeak: Parliamentary domestic violence internet consultation (Bristol: Women’s Aid Federation of England); Parmar, Alpar, Sampson, Alice, and Diamond, Alana (2005) Tackling domestic violence: Providing advocacy and support to survivors of domestic violence (London: Home OYce Development and Practice Report 34). 157 The importance of women-only services—not only refuge accommodation—has been emphasised by a forthcoming research report by the Women’s Resource Centre. 97% of women supported a women’s right to choose a woman-only support services following sexual assault; 90% of women think it is very or quite important for women to be able to choose to see a woman professional when reporting crimes of harassment or domestic/sexual violence; and 78% of women think it is very or quite important for women to be able to choose to see a woman professional when accessing counselling or joining a support group on personal issues. Women’s Resource Centre (October 2007, forthcoming) Why women-only? (London: WRC). 158 Domestic violence is identified within Every Child Matters as a cause of vulnerability having a negative impact on children’s ability to achieve their full potential; and, from January 2005, under s.120 of the Adoption and Children Act 2002, the legal definition of harm to children is extended to include witnessing abuse within the home. Providing services to address the needs of children aVected by domestic violence is an integral part of implementing the provisions of the Children Act 1989. See Local Government Association (October 2005) Vision for services for children and young people aVected by domestic violence (LGA Publications). 159 Gudnadottir, Elin, Smith, Sue, Robson, Sue and Corry, Darlene (2007) Where are the women in LSPs? Women’s representation in Local Strategic Partnerships (London: Oxfam/Urban Forum/Women’s Resource Centre) available at: http://www.wrc.org.uk/downloads/PolicystuV/womenlsps.pdf 160 Such as local strategic partnerships and within local area agreements. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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5.3 Access to safety and justice for all

5.3.1 Women who—due to their immigration status, or because they have been traYcked—have “no recourse to public funds” find it increasingly diYcult to escape abusive relationships and seek help.161 The “Last Resort” fund, which provided short-term funding to enable women with no recourse to access refuge services, is no longer available; and other potential sources of funding (eg through local authorities) is extremely diYcult to access.

5.3.2 Recommendations: — Women experiencing domestic violence should be exempt from the no recourse to public funds rule. — In the interim, refuge organisations should be provided with adequate “last resort” funding. — Statutory agencies should fulfil their duty to provide financial support to families where there is a child in need under section 17 of the Children Act 1989.

5.3.3 Other women who may find it particularly diYcult to access services include: older women,162 younger women,163 women with mental health and/or substance use issues,164 disabled women,165 lesbians166 and women from BME communities.167

5.3.4 Women’s Aid would also like to highlight survivors’ need for permanent safe accommodation, and for long-term support, including adequate financial provision, and—if required—support into re-training and employment.

6. Perpetrator Programmes

6.1 Perpetrator programmes that meet Respect National Service Standards should be available in all areas. We are concerned about the long waiting times before attending perpetrator programmes, or accessing support for partners of perpetrators.

6.2 Recommendations: — All those convicted of domestic violence oVences should be referred to perpetrator programmes, whatever level of oVence they have committed. — Survivors should be oVered support as soon as their partners/ex-partners are referred to perpetrator programmes. — Waiting times for perpetrator programmes and survivor support services should be reduced.

161 One service in south London found that 25% of women referred to them had no recourse to public funds. (Bacchus et al, 2007, MOZAIC evaluation). 162 See Blood, Imogen (2004) Older women and domestic violence (London: Help the Aged); Scott, Marsha, et al. (2004) Older women and domestic violence in Scotland: “ . . . and for 39 years I got on with it”. Produced for Health in Scotland by the Centre for Research on Families and Relationships (Edinburgh: Health Scotland). Available at: http://www.hebs.com/research/cr; Barron, Jackie (2007) Older women and domestic violence: An overview (Bristol: Women’s Aid) available at: http:// www.womensaid.org.uk/downloads/Olderwomenanddvreport(1).pdf 163 Newham Asian Women’s Project: (1998) Young Asian Women and Self-harm: A mental health needs assessment of young Asian women in East London (London: Newham Inner City Multifund and NAWP); Schutt, Nina (2006) Domestic Violence in adolescent relationships: Young people in Southwark and their experiences with unhealthy relationships (London: Safer Southwark Partnership). 164 Barron, Jackie (2004) Struggle to survive: Challenges for delivering services on mental health, substance misuse and domestic violence (Bristol: Women’s Aid). 165 Radford, Jill, Harne, Lynne and Trotter, Joy (n.d.) Good intentions—Disabling realities: Disabled women experiencing domestic violence (Middlesbrough Domestic Violence Forum); Magowan, Pauline (2003) “Domestic violence and disabled women” Safe, Spring 2003; Hague, Gill, et al. (2007) “Disabled women and domestic violence: Making the links” Safe Issue 22, Summer 2007. The latter was produced as part of Women’s Aid’s three year research study on domestic violence and disability, and further publications are expected shortly. 166 Donovan, Catherine, Hester, Marianne, Holmes, Jonathan, and McCarry, Melanie (2006) Comparing domestic abuse in same sex and heterosexual relationships (University of Sunderland and University of Bristol); Ristick, Janice (2002) No more secrets: violence in lesbian relationships (Routledge). 167 See for example: Parmar, Alpar, Sampson, Alice, and Diamond, Alana (2005) Tackling domestic violence: Providing advocacy and support to survivors from Black and other ethnic minority communities (Home OYce Development and Practice Report 35); Thiara, Ravi (2006) African-Caribbean women and children aVected by domestic violence in Wolverhampton (Wolverhampton: the Haven); Batsleer, Janet, et al. (2002) Domestic violence and minoritisation: Supporting women to independence (Women’s Studies Research Centre, Manchester Metropolitan University); Siddiqui, Hannana (2007) BME women’s struggles against forced marriage and honour based violence Safe (Summer 2007). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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7. Multi-agency Approaches, and what Barriers Exist to their Effective Operation

7.1 A co-ordinated community response 7.1.1 The National Delivery Plan endorses a model of a “co-ordinated community response”. This model is based on liaison between local voluntary and statutory agencies, utilising a variety of forums, including the MARAC168 process and associated information-sharing on high risk cases. 7.1.2 Women’s Aid welcomes the start of a truly co-ordinated community response to domestic violence. However, so far, with only limited input from survivors/service users, we have, at best, a co-ordinated multi- agency response. 7.1.3 Recommendations: MARACs are still a new development in many areas. Respondents to our survey have generally welcomed MARACs, albeit with some concerns about confidentiality, the lack of involvement (and consequent disempowerment) of survivors, and the lack of additional resources to cover attendance at MARACs. There is also evidence that they are sometimes used inappropriately. — The Government should commission a qualitative review of the impact of MARACs on survivors: repeat victimisation monitoring is not adequate. — Local Implementation of the National Domestic Violence Delivery Plan should be monitored through the local DV forum and CDRPs. — The Voluntary Sector Compact must be adhered to in service commissioning. — Good practice models,169 which integrate strategic partnerships beyond criminal justice focus, should be promoted.

Annex 1

1. Introduction and Methodology In support of our submission to the Home AVairs Select Committee Inquiry on domestic violence, Women’s Aid (WA) devised and circulated a questionnaire on 12 September to all our national network of services and individual members, covering the main subject areas identified by the Select Committee, and some additional ones of particular concern to our organisation. The survey was also posted on our website, www.womensaid.org.uk. The questionnaire was as far as possible designed to be answered quickly and easily, preferably on-line, as this facilitated both response and analysis. Most questions has pre-determined responses, but all topic areas had space for further comment, case studies, and examples of good and bad practice, if respondents chose to add more information. In just over a week, we had received a total of 302 responses: 265 via the on-line questionnaire,170 23 by email and 14 by post. In view of the extremely tight timescale, we regard this as an extremely encouraging response, which indicates how strongly our member organisations and other supporters feel about these issues. Responses received break down as follows:

Table 1

Women’s Aid local domestic violence 49.6% organisations Individual Women’s Aid member/supporter 8.6% Other services/individuals 32.7% Not known 9.6%

A proportion of responses from individuals/other services are from survivors—but unless this is made clear from the additional qualitative information (as it was in some cases), we do not know who falls into this category. Many respondents chose to answer only a proportion of the questions—depending on their particular knowledge and experience. Many of the questions were aimed at service providers, and could therefore not be properly answered by survivors and others whose interest was of a personal and individual nature. Because of that, in most cases we have calculated percentages for each question based on the number answering, rather than on the number of respondents in total.

168 Multi-Agency Risk Assessment Conferences. 169 For example, SheYeld, West Mercia, and Greater London. 170 Not everyone answered all the questions, and only 122 completed the questionnaire. We have, however, included responses from incomplete questionnaires as well. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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SUMMARY OF KEY RESPONSES

2. Public Education and Awareness-raising

2.1 Public awareness campaigns

This question was answered by 240 respondents, 197 (82%) had seen at least one local or national domestic violence awareness raising campaign. 167 of these had seen a national campaign, and 150 had seen a local campaign. — 116 (69% of those who had seen any national campaign) had noticed the national WA campaign. — 36 (22%) of these had seen Home OYce campaign. — 35 (21%) of these had seen the Metropolitan Police campaign. Many of them also mentioned local awareness campaigns. Around 80% thought the campaigns they had seen had been eVective—though most of them were unable to cite a definite increase in referrals to their organisation as a direct result of any campaign.

2.2 Schools

We asked respondents whether they had during the past year undertaken work within schools on domestic or sexual violence issues, either with pupils or staV. The responses are recorded below, Table 2. (198 respondents)

Table 2

Talks or discussions with school pupils 75 38% Training teachers/other staV 57 29% Develop resources for use in schools 48 24% Other work in schools 5 3% Not this year but have done in the past 34 17% No, never 61 31%

We also asked whether (to their knowledge) schools in their area addressed domestic violence in any of the following ways. (142 respondents.)

Table 3

Include within PSHE/Citizenship curriculum 65 46% Have a domestic violence policy/procedure 16 13% Identified member of staV for DV issues 27 19% Work on violence and gender equality issues 44 31% Address in any other way 57 40%

Three-quarters of respondents thought schools responses to domestic and sexual violence had improved either a little (47%) or a lot (28%). Despite this, most of the comments we received were qualified in some way, eg: Finally we have occasionally been able to provide domestic violence workers to assist with healthy relationships sessions rolled out alongside healthy choices programme organised by the local district council’s community safety programme—though this ceased a year ago—presumably due to funding and resourcing. There needs to be more awareness of the issues and schools need to be aware of support services that are available in the local area so they don’t feel isolated and unable to manage. I think some schools are scared of “scratching the surface” regarding DV and is we show that they have the support available to them to deal with the issues they maybe more confident to manage the problems. This is an ongoing problem re: PSHE agenda and schools commitment to this kind of work, there needs to be more done in relation to healthy schools and supporting children & young people’s well being in a school environment as well. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2.3 Health

Of the 201 who answered this question, 60% said NHS trusts are training health professionals on domestic violence. However, it was apparent that only selected health professionals were receiving such training— predominantly health visitors (trained in 96% of cases171) and midwives (87%), and rather lower numbers of A and E staV (55%) and practice nurses. Good response and liaison with Health Visitor Teams and midwives—zero response from GP’s despite many eVorts to engage... A&EstaV have been trained by us for several years and health visitors are a new partner and referring agency. Survivors have told us they appreciate being screened and often disclose historical abuse and wish they’d been asked the question earlier on in the abuse or when it was actually happening to them . . .

46% said that—based on what survivors had told them—there had been an improvement in the last year in healthcare professionals’ responses to women and children experiencing domestic violence.

3. Police Powers and Legal Protections for Victims

There was fairly widespread agreement that police response had improved over last two to three years: 75% of respondents (n%198) agreed and only 14% disagreed. However, when asked about specific actions, the vast majority said that the police “sometimes” respond in the preferred manner (see Table 4).

Table 4

When police respond to incidents of domestic violence do they—

Always Sometimes Never Respond quickly? 21% 76% 2% Respond sensitively and sympathetically? 11% 86% 4% Arrest the perpetrator 9% 84% 6% Provide eVective protection for the survivor and 16% 76% 6% any children? Give the survivor contact details for a domestic 35% 62% 1% violence service...?

This inconsistency of police response was highlighted by many, who gave numerous examples of both good and bad practice by individual police oYcers. This was the topic on which we received most comments, for example: Often it depends on individual senior oYcer’s commitment in terms of the response or service the victim receives... Service is patchy, response rates are variable, call centre staV are occasionally clueless, targets sometimes encourage meaningless or damaging arrests of both parties (where for example the victim has pushed their attacker in self defence), or meaningless prosecutions for victims who have lashed out in what is often a fairly minor way after years of relentless abuse. I still hear far too often of poor police responses, and lack of any action being taken. Too many women refuse to contact the police because of poor prior experience. Everyone should receive the same service. Some oYcers remain insensitive to the issues despite training. Due to lack of resources response to an incident and investigation afterwards can be slow. Increase in personnel would help and ongoing training (refreshers) should make a further positive impact. Police have in general increased their awareness, and take DV crime more seriously... Good practice has been when specific oVers have responded appropriately and sympathetically to victims.

171 All % are based on the 119 who were aware that domestic violence training of healthcare staV was undertaken in their NHS trusts. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 215

4. Criminal and Civil Justice Processes, including the Specialist Domestic Violence Programme

4.1 The criminal law and its implementation We asked respondents about their experience of survivors using the criminal justice process during the past year, and any concerns they might have about this. The responses are shown in Table 8.

Table 5

Do you have any particular areas of concern in regard to the criminal law and/or how it has been implemented during the past year?

% of respts Number n%144 Initial police response 53 37% Charging/prosecution process 102 71% Going to court 63 44% Survivors accessing special measures in court 60 42% Survivors being subpoenaed to court 38 26% Sentencing 90 63% Reduction of charge/sentence following a 86 60% guilty plea Ongoing protection 97 67% Other 9 6%

Most of the comments we received concerned inadequate sentences, often following long delays and traumatic court proceedings. These are a selection of them: Attending court can also be threatening and intimidating for victims, especially those from the BME groups or those who don’t speak English. The reduction of the charges can also make victim feel not credible and valued, and as result they are less likely to press the charges against the perpetrator. Victims who attend court are vulnerable, feel intimidated, unaware of their rights, without confidence, thus creating a huge gap between the low level of responsiveness of the victim due to a history of DV and what is expected of her in the court. . . . Far too many oVenders still getting oV with light or community sentences that have little or no impact on the safety of the survivors... The law does not seem to take serious steps in punishing the perpetrator and frequently is overly lenient. Meanwhile the victims have long term physical, emotional and psychological scars. The sentencing for people found guilty is a farce, it very rarely reflects the seriousness of the crime especially if the perpetrator is a highly paid white collar worker. It does not encourage or support women to make a stand and leads to many women feeling let down by the system when they will have sacrificed a lot to attend trials. Most survivors feel very let down by the law—if it even gets as far as court. Sentences are too lenient and devalue the experiences of these women and children. And from a survivor: Criminal law was not well explained to me; a bit confusing. My first solicitor told me to go to the police which was good because my husband was arrested, but on the other hand the criminal procedures were long and diYcult to understand . . . The judge did not want to case to go to trial so my husband, after months of discussions, signed an undertaking stopping him to talk to me, come to my property . . . There were 16 months of negotiations, discussions . . . It was a nightmare.

4.2 Specialist Domestic Violence Courts (SDVCs) SDVCs are aimed at reducing some of the above problems. They should enable domestic violence cases to be fast-tracked, to be heard by specially trained magistrates, with support for victims from specialist staV, including IDVAs. 44% of our respondents172 said there was an SDVC in their area, with a further 24% saying one was in the planning stages. We asked respondents whether they felt SDVCs had improved the process of going to court for domestic violence survivors. Sixty (of the 78 who had had experience of SDVCs) cited one or more positive factors— and none said the process had got worse.

172 174 answered this question. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Table 6

If there is an SDVC in your area, do you find that this improves the process of going to court for women who have experienced domestic violence?

% of respts Number n%60 Yes, because it is dealt with more quickly 37 62% Yes, because the woman has more support and information 46 77% Yes, because those involved are more aware of domestic 45 75% violence issues Yes, because the court is less intimidating/more welcoming 27 45% No diVerence from previous court process 8 13% Yes, for other reasons 2 3% No—it has got worse 0 —

We only had a few comments on SDVCs, due probably to our members’ relative lack of experience this new initiative. Comments we did receive mentioned a few concerns, such as the need (not always met) for adequate on-going training for all court staV, and the inability of (some) SDVCs to deal with all the relevant cases, including trials. Due to the sheer volume of cases it is not possible to hear all within the SDVC. Another court/ time period should be allocated rather than the current practice to slot cases into any court as time allows. Support services, trained staV etc are not always available at these other times. It seems that there are many diVerent models—the ones that seem most eVective are the ones that also run trials, unlike [that in another area] which just deals with listings/directions and therefore is no real use to victims. [I know someone who] sits as a magistrate in one of these courts. She appals me with her lack of knowledge and her ability to leap to conclusions based on her assumptions of what causes and what “cures” DV. It still appears to take time although this has improved greatly since the introduction of the SDVC however charging and sentencing can be a long process.

4.3 Independent Domestic Violence Advisors (IDVAs)

Just over half of our respondents (56% of 182) said there were IDVAs in their area—70% of which were managed and/or employed by a voluntary sector organisation (including local Women’s Aid organisations). There was general agreement that IDVAs increased survivor safety—at least to some extent: see Table 7. (Note that the numbers having no experience of IDVAs is quite high—and only 156 respondents answered this question.)

Table 7

Do you think IDVAs are eVective in supporting survivors and improving their safety?

% of respts Number n%156 Yes, a great deal 63 40% Yes, to some extent 30 19% Sometimes yes, sometimes no 14 9% No, not much 3 2% No, not at all 0 — Don’t know/No experience of IDVAs 44 28%

173 It is possible that the latter will be addressed by the criminalisation of breach of non-molestation orders under section 4 of the Domestic Violence Crime and Victims Act 2004—but this has been implemented too recently to have made an impact, as yet. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 217

4.4 Protection under the civil law We asked respondents whether they had any particular concerns in regard to access to and use of protection available under the civil legislation. The responses are shown in Table 10. Concerns about obtaining Community Legal Services funding, and the inadequate enforcement of injunctions predominated.174

Table 8

Do you have any particular areas of concern in regard to access to and use of the civil law to protect survivors of domestic violence, and/or how it has been implemented during the past year?

% of respts Number n%130 Eligibility for legal aid (CLS funding) 93 72% Obtaining legal aid/CLS funding (if eligible) 68 52% Process of applying/going to court 34 26% Obtaining order applied for 32 25% Enforcement (if breached) 91 70% Other 7 5%

The following were among the comments we received: . . . No protection for survivors at all in civil courts despite all the protection measures in place for vulnerable witnesses in criminal cases...Legal aid almost impossible to access. There is always a diYculty with enforcement if we cannot serve the perpetrator with the necessary documentation. This may be alleviated with the change in the law on 1.7.07 but this is yet to be seen. Not many perpetrators abide by the rules of injunctions and survivors still get harassed and do not feel safe. From a survivor . . . I am in full time employment and therefore not entitled to legal aid. I was unable to fully explore some of the legal opportunities I could have to gain protection and recognition from what I was experiencing. I also found the solicitors I did contact did not fully appreciate my situation.

4.5 Family law: Child contact and residence Despite recent changes in procedures, there is still great concern about the issue of safety—of both mother and child(ren)—when contact or residence is being decided by the courts. A majority of respondents (66%175) say family courts (and CAFCASS176) still do not take adequate account of safety when making child contact or residence orders. Just over one-third think there has been a slight improvement in the past year—but the rest say there has been no change. Two thirds are concerned about the continued use of mediation in cases involving domestic violence. The following are some of the comments we received on these issues: The Family Courts can only benefit by becoming transparent to public scrutiny ...Ihear from many women who tell me that their husbands are abusing the system, connivance with CAFCASS workers, psychiatrists and even in one instance a judge. CAFCASS locally have tendency to be drawn in by perpetrators charm and tactics and not recognise the seriousness of the Domestic abuse and the eVect on the children. The family courts & CAFCASS claim to listen to the children, but they don’t and continue to make decisions that facilitate ongoing abuse and control. If women have initially granted contact but then stopped it because of concerns, they are often portrayed as implacably hostile and the domestic abuse they have suVered is not looked in to as a possible risk factor for the children. It is diYcult to understand how mediation can work within a relationship where power and control lies so firmly in one camp. I’ve lost count of the number of women I’ve spoken to who tell me that the mediator has started the mediation process by expressing the opinion that the woman is clearly influencing the child against the father, or that the mother has some kind of mental health issue. There is a distinct perception among women going to the Family Court that the service is biased against them . . .

174 It is possible that the latter will be addressed by the criminalisation of breach of non-molestation orders under section 4 of the Domestic Violence Crime and Victims Act 2004—but this has been implemented too recently to have made an impact, as yet. 175 174 answered this question. 176 The Children and Family Court Advisory and Support Service—the body responsible for making reports to the family courts in cases where contact and/or residence is contested. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4.6 The Domestic Violence Crime and Victims Act 2004 (DVCVA)

Only 17 respondents were aware of cases where the new provision under section 4 of the DVCVA had been used177, during the two months it has been in eVect. Of these, 11 (73%) thought it had made enforcement more eVective, whereas the rest had been unable to detect any change. Relatively few answered any of the other questions about the DVCVA. Of those that did, the main area of concern was section 5 whereby both/ all adults are held jointly responsible for death of a child. 61% of respondents also thought that the facility to apply for third party orders (under section 60 of the Family Law Act 1996) should be implemented.

5. Support for Victims, including Finance and Refuge Services

5.1 Supporting People

Supporting People (SP) is a major source of financial support for domestic violence services, and may cover both refuge accommodation and floating support services to those living in the community (including temporary and emergency accommodation.) Looking just at Women’s Aid member organisations178, 78% were funded by SP to some extent. 90% of these received funding for refuge provision, and 54% for floating support services.

We are concerned that the new commissioning framework, including the requirement to tender for continuing SP funding, means that specialist domestic violence services are under threat. It seems that our concerns are shared by many of our member organisations, three-quarters of whom were concerned about tendency to fund generic rather than specialist domestic violence services. A significant proportion were also concerned about the potential loss of specific women-only and BME services. See Table 11.

Table 9

Recent consultations have highlighted concerns about the SP tendering process. Do you have any concerns about any of the following?

% of respts Number n%79 Tendency to fund generic rather than specialist 55 70% services Reduction or loss of women-only services 48 61% Reduction or loss of BME specialist services 24 30% Other 12 15%

The following are some of the comments we received about the SP competitive tendering process: I feel that if a service is eVective and can show continuous improvement I see no benefit to the tendering process. It has a negative impact on the service user continuity of care and service delivery and creates uncertainty in the teams delivering that service. I do not feel that SP understand the nature of the work and the limited skilled professions around to deliver high standard services and care. Smaller voluntary organisations have been largely ignored mostly because the standards are too diYcult to implement. We have applied to become a provider and receive funding, but there is fierce competition for scarce resources. Goalposts seem to shift: we were told there was funding available this year, now it will not be available until next year. The processes are long and there is no feedback about what isgoingon...... SPhave created a depressing competitive edge to what should be an arena for working together for the benefit of women and children. Women’s Aid is the specialist provider of women only services and have years of expertise we should be exempt from the tendering process and be allowed to support our service users. This process is breaking down relationships as a result of the process.

177 ie criminalisation of breach of non-molestation injunctions. 178 ie full members, associated organisations and associated refuges: 149 respondents. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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5.2 Services for children and young people Supporting People do not fund services for childrenı which is a major gap, and means that specialist services for children and young people who have been traumatised by their experiences of living with domestic violence are often not available, or—if available at all—have very insecure funding. Despite this, 73% of domestic violence services provide services for children and young people who have lived with domestic violence, and three-quarters of them receive at least some funding for this work. The majority of that funding is for services within refuge accommodation.

5.3 Permanent housing Access to permanent housing for women and children who have left their homes because of domestic violence is very important. Refuges—while oVering crucial support in the immediate aftermath of abuse— are not intended as long-term accommodation; and most domestic violence survivors are not in a position to own their own homes. Many will be hoping for an oVer of accommodation from their local council or housing association. Two thirds of respondents said women were waiting longer to be re-housed than two years ago. Also, the proportion who have been re-housed in private rental accommodation has apparently risen in the past year179—and more than three-quarters of respondents were concerned about this. See Table 12 for a breakdown of where women were being re-housed.

Table 10

PROPORTIONS WOMEN MOVING ON TO DIFFERENT KINDS OF HOUSING PROVISION

Council owned accommodation 35%180 Housing association provision 27% Private rental accommodation 25% Owner occupied housing 1% Other 11%

These are a selection of comments from respondents about the diYculties women and children face in finding permanent housing. In general women are still waiting too long to be rehoused. This has an impact on their children, who need to be settled back into schools in the area. There is no social housing provision for any women seeking accommodation on leaving the refuge. We are advised that there is a waiting list in excess of seven years to be re-housed in social housing locally. Housing is particularly diYcult in this area as it is a seaside resort and has very little social housing. Private landlords tend to let properties throughout the holiday times and do not need tenants in there houses on a permanent basis. The waiting times for families moving on from first and second stage into temporary housing is too long. It takes between 18 month and 2 years to reach permanent housing for families during which time they may have settled into properties and feel reluctant to have to move their family once again. Hostel accommodation is still being used for families despite this being bad practice. Often women are oVered inappropriate housing, if they turn that down they are penalised. Women with additional needs suVer the detriment even further as sometime mental health or language barrier, disability etc restrict them from fully engaging and receiving equal access to services. We also asked about the response women received when approaching their local housing department when they were homeless due to domestic violence. See Table 13 for a breakdown of the responses.

Table 11

In your experience, when women seek help from your local housing authority or homelessness unit because they are homeless due to domestic violence, how satisfactory is the response they receive?

% of respts Number n% 140 Very satisfactory 9 6% Quite satisfactory 48 34%

179 Two thirds of respondents said this was the case. 180 This figure is a rough average of all the responses to this question. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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% of respts Number n% 140 Neither satisfactory nor unsatisfactory/it varies 48 34% Fairly unsatisfactory 21 15% Very unsatisfactory 14 10%

Some of the comments are included below: most are critical of the service provided by homelessness departments, but the final one is a positive example of what can be done. The housing department are becoming very uncooperative and not very sympathetic and are always trying to find reasons for not accepting our clients as homeless. For example, one client got told they could not re-house her because the perpetrator was not a threat to their child, only her! Housing/homeless services do not take DV victims seriously. They believe [in] the myth that it is temporary relationship breakdown and treat the case as temporary. Bad examples include case of mothers and children escaping from DV, becoming homeless and being asked to go back to their council property. The women are discouraged by staV at the local housing department from making a homeless application and they are often asked if there is any way they can return home. Women are asked very intrusive questions and are having to prove the abuse they have suVered. All Homeless applications on the grounds of domestic violence are referred to us for assessment prior to a decision being made. Housing oYcers do act on our advice and we share information for this purpose. Few decisions are negative.

5.4 Sanctuary Schemes Sanctuary Schemes are one option for some domestic violence survivors who choose to stay in their homes after special security measures have been installed. They are by no means appropriate or safe for everyone, however. 64% of those responding to this question (n%151) said that there was a Sanctuary scheme in their area; but only 40% of these had a designated and funded advocacy scheme linked to it—as Women’s Aid would recommend. Comments from our respondents on Sanctuary schemes were mixed: some felt their local scheme worked well, but others had some concerns. We are finding it ineVective in our area and only relevant for a small number of clients once risk assessment is completed. Feed back from one woman was that they found the sanctuary very scary and depressing for their children. ...Onthewhole it has given women increased confidence for their safety and works best if police panic alarms also installed. Our police fund things like shutters and bars for doors etc, but not CCTV or panic rooms. There is no perpetrators’ support programme and there is no housing available which could be used for single male perpetrators in a supported tenancy scheme linked to Sanctuary. I think making a house more secure, without the other provision to keep the perpetrator supported and away from the victim, just leaves the woman a prisoner in her own home. Provided it is seen as a choice for women and there is support for women it is a good idea...

6. Perpetrator Progammes Not applicable due to prioritisation. Please also note that there is more detailed information available from Respect.

7. Multi-agency Approaches, and what Barriers Exist to their Effective Operation

7.1 Multi-agency partnerships 74% of domestic violence agencies said there were formal partnership arrangements/protocols how agencies should work together, and nearly everyone who answered this question said they attended their local Domestic Violence Forum. Numbers attending the other specified forums were less—but still substantial. A majority of organisations were involved in training other agencies in domestic violence awareness— often in partnership with other relevant agencies. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 221

We were concerned that implementation of the National Domestic Violence Delivery Plan did not appear to be monitored—or if it was, our respondents did not know about it; and we were also concerned that the Government’s Voluntary Sector Compact—aimed at improving the relationship between local government and the voluntary sector—was either not being adhered to, or if it was, our respondents did not know about it. See Table 14.

Table 12

Is there a mechanism for monitoring the Is the government’s Voluntary Sector NDV Delivery Plan in your area? Compact being adhered to in your area? Yes 63 (41%) 33 (23%) No 19 (12%) 32 (23%) Don’t know 71 (46%) 77 (54%) Total responding 153 142

7.2 Multi-Agency Risk Assessment Conferences (MARACs) 58% of our respondents attend MARACs, though the vast majority (over 90% of those attending) do not receive any dedicated funding for this work. There was muted agreement with view that MARACs increase survivor safety: see Table 5. Respondents did, however, have some concerns about the MARAC process: see Table 6.

Table 13

Do you think MARACs increase survivors’ safety?

% of respts Number n%174 Yes, a great deal 27 16% Yes, to some extent 62 34% Sometimes yes, sometimes no 31 18% No, not much 5 3% No, not at all 1 0.5% Don’t know/No experience of MARACs 48 28%

Table 14 Do you have any of the following concerns in regard to MARAC procedures?

% of respts Number n%107 Survivor confidentiality 49 46% Empowerment of survivors 45 42% Safety of survivors 27 25% Individual agency responses 67 63% EVective management of time and resources 39 36% Impact on workload of specialist DV services 70 65% Other 7 7%

These are some of the comments we received, illustrating some of these concerns: With regard to safety of survivors above, the most diYcult to reach, entrenched cases (those which are socially excluded or at risk of being socially excluded) are the ones which currently often get closed at MARAC with no changes have been eVected, and yet these are the cases which present the highest risk for the victims. This is because the perpetrator and survivor do not engage with services and so services often close their cases . . . Clearly this goes against the principles of MARACs. It’s early days for us at the moment but already MARACs have improved communication. On the other hand, they do not sit easily with our ethical approach of supporting women to take control of their own lives and there appear to be real risks relating to confidentiality, empowerment and other issues. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 222 Home Affairs Committee: Evidence

MARACs work well in identifying victims who are at “most” risk and creates action plans to help both victims and perpetrator where possible. However I’m not always confident in its ability to protect victims and empower them to became survivors. Worried that even if a woman doesn’t give consent, her case goes to a MARAC. This is taking women’s choice away... World ! brother invited, worried about confidentiality sometimes. Very useful although still evolving. Need to encourage other agencies not specialising in DV to refer. Survivors have little power over what happens, and this may put the survivor at a greater risk. It is a good idea to have all the relevant agencies getting together on a case. Just beginning in our area. Good but NOT the be all and end all and I fear that sometimes holding a Marac is felt to be the answer in itself.

Annex 2

WOMEN’S AID FEDERATION OF ENGLAND BRIEFING ON SAFEGUARDING SURVIVORS AND SERVICES

Safeguarding Survivors and Services:The Future of Specialist Independent Quality Domestic Violence Services

1. Introduction 1.1 Since the first Women’s Aid refuge services in the world were set up 35 years ago by unpaid women activists and survivors, there have been many changes in the delivery of domestic violence services. With awareness of domestic and sexual violence increasing, demand for safe services has gradually grown and there are now over 370 local organisations in Women’s Aid’s network providing more than 500 refuge, outreach and helpline services to over 320,000 women and children every year. 1.2 Equally, the noticable rise of domestic violence upon the political agenda has shown results—from the first formal multiagency initiatives developed in the last 1980s by local authorities, police and Women’s Aid, to the recent development of Specialist Domestic Violence Courts (SDVC) and Multi Agency Risk Assessment Conferences (MARAC). The development of the Independant Domestic Violence Advisor (IDVA) role in particular, ensures that survivors have a higher level support than formerly through the criminal justice system, and is often a welcome addition to existing local dedicated services (and in many areas these IDVA services are also run by them). 1.3 Research demonstrates that women who have experienced domestic violence have a variety of short and long-term support needs. Practical and emotional support to enable survivors to rebuild their lives can best be given by specialist domestic violence services within the women’s voluntary sector, and survivor feedback has repeatedly attested the value of these services over the last 35 years.181 1.4 It is essential to establish a secure funding framework for the provision of specialist and dedicated domestic violence services in all local areas, for all adult and child survivors of domestic violence. Service provision should include women-only182 refuge accommodation, outreach and floating support, local and national helplines and advocacy. Specialist services, both within refuge accommodation and in the community, should also be available for children and young people who have been traumatised by domestic violence.183

181 See Abrahams, Hilary (2007) Supporting women after domestic violence: Loss, trauma and recovery (London: Jessica Kingsley Publishers); Humphreys, Cathy and Thiara, Ravi (2002) Routes to safety: Protection issues facing abused women and children and the role of outreach services (Bristol: Women’s Aid); Bossy, Jeanine and Coleman, Stephen (2000) Womenspeak: Parliamentary domestic violence internet consultation (Bristol: Women’s Aid Federation of England); Parmar, Alpar, Sampson, Alice, and Diamond, Alana (2005) Tackling domestic violence: Providing advocacy and support to survivors of domestic violence (London: Home OYce Development and Practice Report 34). 182 The importance of women-only services—not only refuge accommodation—has been emphasised by a forthcoming research report by the Women’s Resource Centre. 97% of women supported a women’s right to choose a woman-only support services following sexual assault; 90% of women think it is very or quite important for women to be able to choose to see a woman professional when reporting crimes of harassment or domestic/sexual violence; and 78% of women think it is very or quite important for women to be able to choose to see a woman professional when accessing counselling or joining a support group on personal issues. Women’s Resource Centre (October 2007, forthcoming) Why women-only? (London: WRC). 183 Domestic violence is identified within Every Child Matters as a cause of vulnerability having a negative impact on children’s ability to achieve their full potential; and, from January 2005, under section 120 of the Adoption and Children Act 2002, the legal definition of harm to children is extended to include witnessing abuse within the home. Providing services to address the needs of children aVected by domestic violence is an integral part of implementing the provisions of the Children Act 1989. See Local Government Association (October 2005) Vision for services for children and young people aVected by domestic violence (LGA Publications). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2. Supporting people and the new funding framework 2.1 The implementation of the government’s Supporting People programme in 2003 aVorded housing- based domestic violence providers the opportunity to properly cost their services and even enabled the expansion of some services and creation of new ones. Supporting People funds not only refuge services but also “floating support services”, providing outreach support to families in their own accommodation, but does not fund children’s or other outreach services and helplines. 2.2 Whilst local services all complained about the additional administrative burden that came with Supporting People funding, most would agree that the Quality Assessment Framework introduced with Supporting People has ensured a consistent basic standard of service provision. Supporting People have now also implemented an outcomes based monitoring assessment tool to evidence the work achieved with service users. Recently, the move is towards requiring services to tender for Supporting People contracts. The Supporting People funding stream is now due to be subsumed into the new funding framework where local priorities will be identified and therefore funded, locally through Local Area Agreements(LAAs)184 which will be influenced by Local Strategic Partnerships (LSPs). These arrangements will require the LSPs to co- operate with local partners (including the voluntary sector) in identifying local priorities and setting targets.

3. Challenges for safeguarding survivors and services 3.1 Women’s Aid is concerned that the new commissioning framework means that specialist domestic violence services are under threat, following the move towards priorities being set and funding allocated at a local level. Whilst women’s organisations represent around 7% of the total voluntary sector, they are severely under-represented on Local Strategic Partnerships, comprising only 1.8% of voluntary sector representatives.185 Without suYcient participation in local decision-making bodies, women’s needs are not represented or prioritised in planning and funding strategies. 3.2 Whilst there have clearly been major leaps forward in terms of mainstreaming domestic violence services, the identfied need to cut the unsustainable Supporting People budget186 has ensured continuing insecurity for housing-related domestic violence providers since its implementation. Now, as the funding framework develops and changes further, the specialist domestic violence sector, as we know it, is possibly at greater risk of exclusion than ever before.187

4. Women’s Aid is particularly concerned that: 4.1 In general, local tendering and commissioning processes are not complying with the principles of the Compact agreement.188 For example, in some cases, services have only learned that their service is at risk after being told by a competitor who has been invited to tender for it. Others are expected to submit bids within very short timescales. 4.2 Some services have been required to compete in the tendering process against large scale housing associations who are able to oVer a cheaper rate but who have no experience or knowledge of domestic violence and oVer a generic, less supportive service, often running other housing services with generic housing staV rather than specialist experienced staV. These issues are particularly compounded for smaller BME providers and the women and children they support. 4.3 The tendancy towards funding generic rather than specialist domestic violence services will result in the loss of 35 years of acquired expertise in relation to domestic violence being lost. Amongst other issues, a lack of understanding of the needs of women and children escaping domestic violence will seriously compromise their safety. 4.4 Some local authorities are looking to provide mixed sex services as a way of “ticking all the boxes” and domestic violence services are feeling pressured to provide mixed sex services rather than lose out on contracts altogether. This is further compounded by the ambivalence of the government’s position in relation to a gender neutral approach to domestic violence. We know from years of experience, research and statistical data that men are overwhelmingly the main perpetrators of violence, and that violence against women is a direct cause and eVect of women’s historical inequality within society.189 In order for survivors to feel physically and emotionally safe, and to enable them to recover from the eVects of domestic violence, they require access to women only services. Whilst some men do experience intimate violence, we know that the reasons for this, their experience of it and their needs190 are very diVerent to women’s.

184 The main delivery agreement between central government and the local area. 185 Gudnadottir, Elin, Smith, Sue, Robson, Sue and Corry, Darlene (2007) Where are the women in LSPs? Women’s representation in Local Strategic Partnerships (London: Oxfam/Urban Forum/Women’s Resource Centre) available at: http:// www.wrc.org.uk/downloads/PolicystuV/womenlsps.pdf 186 Following an independent review by HACT (2004). 187 Concerns raised in this briefing largely represent the views and experiences of domestic violence services collated via a variety of consultations undertaken by Women’s Aid. 188 The Compact is the agreement between government and the voluntary and community sector to improve their relationship for mutual advantage and community gain and includes codes of good practice. 189 See for example, Walby and Allen (2004) “Domestic violence, sexual assault and stalking”. 190 See Amanda Robinson and James Rowland (2007) “What do men want?” Safe Summer 2007. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4.5 There is no clear strategy for ensuring the full engagement of the domestic violence sector in the setting of local priorities. Engagement in local strategic partnership working is inconsistent and non existent for some providers. There are a variety of barriers to influencing local strategic decision making and ensuring the needs of survivors are represented, including: — Lack of resources. — Lack of knowledge of meetings etc. — Feeling that the provider input is ignored and so it is pointless. — Being unable to access the partnerships (despite eVorts). 4.6 Strategic engagement, negotiation and tendering all require a level of skill and resource that the domestic violence sector may not have the capacity to fulfill. Yet these are required if services are to compete in the current funding climate. Grants do not fund such activity or training to improve skills within these areas, further compounding the sectors diYculty in competing with larger organisations who often have several layers of management. 4.7 Lack of influence from local domestic violence experts may result in domestic violence not gaining enough status as a local priority to attract funding and meet the needs of local survivors, or with a domestic violence service being misplaced with an inappropriate provider. 4.8 Recent developments aimed at supporting survivors through the criminal justice system and increasing domestic violence related prosecutions only address the needs of 24% of women aVected by domestic violence.191 Furthermore, these measures and MARACs are only responsive to those considered to be “high risk”. Women accessing refuge services can be considered medium to high risk as they have felt it necessary to leave their home to ensure their own and their children’s safety. Of those accessing refuge provision, although 53% had called the police on at least one occassion, only 9% had ongoing criminal justice cases.192 Domestic violence specialist services continue to attempt to meet the needs of survivors and ensure their safety without the secure funding to do so. 4.9 Demand for refuge accommodation is still greater than supply, with the recommended 1 refuge bedspace per 10,000 population193 to meet the needs of women and children escaping domestic violence still a distant hope for the future. For women who require culturally appropriate specialist service provision, or with additional support needs, or with no recourse to public funds, the likelihood of finding a bedspace lessens further. 4.10 Few services have the capacity to meet the needs of women escaping domestic violence who have additional support needs (eg substance misuse, mental health issues). Therefore, the most vulnerable women often end up in the most vulnerable situations. The needs of these women are less likely to be met by generic services with a low unit cost per service user. 4.11 The needs of children aVected by domestic violence are still not specifically addressed by any funding streams. Supporting People does not fund children’s work although there are more children living in refuges than adults. Research tells us that domestic violence and child abuse are linked194 and that children may be aVected by domestic violence in a variety of problematic ways.195 Furthermore, the Adoption and Children Act 2002 extended the legal definition of harming children to include harm suVered by seeing or hearing ill treatment of others, especially in the home. 4.12 The Quality Assessment Framework is a generic tool. It does not evidence what we know to be good practice in relation to the delivery of services to domestic violence survivors and their children. Furthermore, the indicators within the Supporting People outcomes monitoring tool do not fit well with the work undertaken with survivors, nor fairly reflect the good work that does take place in supporting survivors and reducing risk.

5. Recommendations to government Women’s Aid recommends that: 5.1 All Local Authorities are required to adhere to the principles of the Compact agreement with immediate eVect and that compliance is monitered by central government, and that there are penalties for non compliance. 5.2 A commissioning framework is developed with guidance to ensure that quality is not lost to low unit cost. This should take account of and value the expertise that has accrued within the domestic violence sector, particularly in working with harder to reach groups.196

191 Only 24% of survivors report the violence to justice agencies—Allen & Walby BCS 2004. 192 Women’s Aid survey 2006. 193 Government Select Committee on Domestic Violence 1997. 194 Humphreys & Thiara, 2002. 195 Royal College of Psychiatrists (2004). 196 There is a range of evidence that older women, younger women, women with mental health and/or substance misuse issues, disabled women and women from BME communities may find it particularly hard to access services. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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5.3 Minimum National Service Standards for Domestic and Sexual Violence Services are required for the commissioning of such services. (Draft NSSDSVS are currently being developed by Women’s Aid with funding from the Home OYce). National Occupational Standards appropriate to the domestic and sexual violence sector workforce should be developed and implemented and required to ensure a quality workforce. A National Accredited Training programme (currently being developed by Women’s Aid for all domestic violence services), should also be funded and rolled out to support these standards. 5.4 The government adopts a gendered definition of domestic violence (as has Scotland) that acknowledges domestic violence as a form of gender based violence and recognises and addresses it as part of a wider agenda on violence against women. That this definition then influences the commissioning and development of domestic violence services. 5.5 Any tendering and commissioning proposals undergo a Gender Impact Analysis as is required by the Gender Equality Duty (which recognises the need for safe, separate services for women) to assess the impact of any decisions made upon women survivors, and that this process is monitored centrally. 5.6 A clear strategy for ensuring the full engagement of the domestic violence sector in the setting of local priorities is developed, implemented and monitored. This must include consideration of resource issues and ensure the voices of survivors are represented. 5.7 Steps are taken to build the infastructure capacity of small organisations to meet current strategic demands and and grants awarded take account of strategic development and training needs as part of full cost recovery. 5.8 There is a central government-led, long-term plan to ensure security of funding for domestic violence services and the commitment to ensuring appropriate services in each area is supported by nationally dictated performance indicators. 5.9 There is recognition that abused women and their children seek support in a range of settings, including refuges, drop in centres, outreach services and support groups, and that these are properly and consitently funded in all areas. 5.10 Funding is provided to ensure that women survivors of violence against women from black and other minority communities can access specialist provision in every local area and refuges are provided with adequate “last resort” funding to enable them to support women with no recourse to public funds. 5.11 Domestic violence service provision is expanded and resourced to ensure that any women needing assistance can get it regardless of her support need and/or financial status. 5.12 A funding stream is identified for dedicated, therapeutic work with all children and young people who come into contact with domestic violence services, to address the impact of domestic violence upon their well being and development. 5.13 Women’s Aid, in partnership with its member services, survivors and government, is funded to develop an appropriate, outcomes-based framework for evidencing work with survivors and their children and these become a commissioning requirement.

Annex 3

INFORMATION ON WOMEN’S AID FEDERATION OF ENGLAND

Summary Women’s Aid Federation of England (Women’s Aid) is the national domestic violence charity, working to end violence against women and children, that is the sole national co-ordinating body for the England- wide network of over 370 local domestic violence organisations, providing over 500 refuges, outreach, advocacy and children’s support services. Keeping the voices of survivors at the heart of our work, Women’s Aid campaigns for better legal protection and services, providing a strategic “expert view” to government on laws, policy and practice aVecting abused women and children. In partnership with its national network, Women’s Aid runs multiple award- winning public awareness and education campaigns, bringing together national and local action. Women’s Aid works to support the provision of quality services across the UK and in partnership with the Women’s Aid federations of Wales, Scotland and Northern Ireland, and other stakeholders, is developing National Service Standards, Occupational Standards and accredited training, as well as new resources. Women’s Aid provides a package of vital 24 hour lifeline services through its publications (available in 11 languages) and website www.womensaid.org.uk, and runs the Freephone 24-Hour National Domestic Violence Helpline in partnership with Refuge. Women’s Aid also provides a unique online information service and award-winning website for children and young people: www.thehideout.org.uk Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Excerpt from Women’s Aid Business Plan

Our Vision: Women’s Aid Federation of England is working to end domestic and sexual violence against women and children—“until women and children are safe”. This vision is underpinned by the beliefs that: — Domestic violence is a violation of women and children’s human rights, that it is the result of an abuse of power and control, and that it is rooted in the historical status of women and children in the family and in society. — All people have a right to live their lives free from all forms of violence and abuse, and that society has a duty to recognise and defend this right. “Violence against women is perhaps the most shameful human rights violation and it is perhaps the most pervasive”. Kofi Annan, former Secretary General of the UN

Our Mission: For 35 years, Women’s Aid’s mission has been to lead in preventing and ending domestic and sexual violence, and in advocating and ensuring the safety of abused women and children. There are three key aims to our strategy: protection, prevention and provision.197 We aim: — To improve the protection available to abused women and children by ensuring that their needs inform developments in law, policy and practice. — To work towards the prevention of domestic violence through public awareness and education. — To ensure the provision of high quality services for abused women and children.

Our Strategic Objectives: In support of these aims, and in order to ensure the development and implementation of a national strategic approach to reduce violence against women, and violence aVecting children within family life, Women’s Aid’s strategic objectives are:

1. Protection 1.1 Campaigning for full and eVective legal protection for all victims and survivors of domestic violence. 1.2 Giving victims and survivors a voice by promoting public policy and practice which responds to their needs. 1.3 Promoting eVective multi agency responses to domestic violence aVecting women and children across health agencies and social welfare and criminal justice agencies. 1.4 Safeguarding children aVected by domestic violence by advocating for eVective responses to meet their needs and supporting and resourcing eVective children’s services.

2. Prevention 2.1 Communicating the message that domestic and sexual violence is unacceptable and promoting education and action to prevent it. 2.2 Raising public awareness of the needs and experiences of women and children who experience domestic violence 2.3 Promoting safe violence-free family relationships for children and young people.

3. Provision 3.1 Coordinating and supporting a national network of over 300 local domestic and sexual violence services, providing over 500 local refuges, outreach and advocacy services. 3.2 Supporting the development and delivery of appropriate, good quality specialist domestic and sexual violence services.

197 See: http://www.womensaid.org.uk/downloads/WA–survey–dv–service–findings.pdf. There was a slight fall for the year 2005–06, though the occupancy rate remains steady at 95%–100%, indicating that women and children are staying lonter in refuge accommodation due to a shortage of permanent accommodation. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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3.3 Providing a national information and referral point for survivors and victims of domestic violence, statutory and voluntary agencies and the general public, by providing a wide range of services through www.womensaid.org.uk, www.thehideout.org.uk, a unique website for children and young people and the Freephone 24 hour National Domestic Violence Helpline (run by Women’s Aid and Refuge) wwwnationaldomesticviolencehelpline.org.uk. 3.4 Providing a range of information, training, and resources for a national network of specialist domestic and sexual violence services, statutory, voluntary and corporate bodies and the general public, to ensure the highest standards within domestic violence service provision and undertaking research and data collection on needs and service provision to inform policy and service development.

4. Effective Management 4.1 Securing an eYcient and eVective organisation to meet the other objectives by implementing the eVective management of Women’s Aid to ensure that it is suYciently robust to respond positively to change and development.

Women’s Aid Development Priorities 2005—2008

Protection — To maintain and further develop eVective partnerships with government and partners to improve policy and practice across the justice and welfare system—increasing women and children’s safety from domestic violence.

Prevention — To develop a prevention strategy including long-term public awareness and campaigning/ lobbying.

Provision — To develop and implement a national framework for service standards, occupational standards and accredited training for quality services across the Women’s Aid national network of domestic and sexual violence services. — To develop and implement a strategy for seamless, high quality Helpline services and increased resources to support unmet need. — To establish a secure national infrastructure to fulfil our core mission in the 21st century (“until women and children are safe”). — To review our legal and membership structure to deliver our core purpose and to support quality services.

Who are Women’s Aid Stakeholders and Partners? — Abused women and children: 350,000 women and children use local domestic violence services each year, and in 2006–07, the Freephone 24 hour National Domestic Violence Helpline (run in partnership with Refuge) received approximately 141,390 calls, but could only answer 63%. We also receive up to 90,000 visitors a month to our two websites, giving access to the Domestic Abuse Directory and the Survivors Handbook.* — Member organisations providing local domestic violence services: Women’s Aid provides vital resources, advice and training for over 370 local service providers running over 500 safe refuges, local helplines, outreach, advocacy and children’s services. — National and local government: Women’s Aid provides an expert view on the impact of relevant current and planned legislation, policy ad practice guidance on abused women and children, as well supporting the delivery of national strategic plans. — National and local statutory and voluntary partner agencies (criminal justice, health, housing, children’s charities etc): Women’s Aid works in partnership to deliver a coordinated inter-agency response to domestic violence and provides consultancy and training services for a wide range of agencies. — Public and corporate bodies and other voluntary organisations: to raise awareness of domestic violence and to educate and inform. — Employers: Women’s Aid highlights domestic violence as a work place issue, through providing consultancy, training and work place resources. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Members of the public and students: through online information services, telephone and email enquiries. — International governments and voluntary agencies capacity building, training, service and resource development. * Data from our Annual Surveys show that 19,836 women and 24,347 children were provided with refuge- based services in 2004–05, and a further 196,205 women and 129,193 children accessed outreach, floating support and other services. During 2006–07, the National Domestic Violence Helpline received a total of 141, 390 calls.

Annex 4

WOMEN’S AID FEDERATION OF ENGLAND STATISTICS ON LOCAL SERVICE PROVISION

Summary from Last Annual Report (Covering 2005–06)

Services provided by domestic violence sector In addition to the work carried out by our national oYce, our England-wide network of local community- based domestic violence organisations also provide vital direct services to women and their children. These include: — Refuge-based services, providing a package of temporary accommodation, support, information and advocacy. — Outreach, floating support and other non-refuge based services providing a wide range of advocacy and support, including: — Resettlement services—enabling women and their children to make new lives in the community after leaving refuge. — Drop-in centres and survivors’ support groups. — Telephone help lines. — Counselling services. — Specialist court advocacy services. — “Floating support” schemes providing advocacy and support to families living in the community. The total number of women supported by domestic violence services in England (both residential and non-residential) on a typical day—2 November 2006—was 11,310. This has increased by 50% since 2003. On a typical day, 3,615 women and 3,580 children are resident in refuge accommodation in England. This is an increase of 12% over the past four years. 50% of these children are aged under 5 years.

Table 1

ESTIMATED NUMBERS OF WOMEN AND CHILDREN USING REFUGE ACCOMMODATION ANNUALLY

Survey Period Women Children 2002–03 17,094 21,465 2003–04 18,569 23,084 2004–05 19,836 24,347 2005–06 16,815 19,450

Table 2

ESTIMATED NUMBERS OF WOMEN WITH NO RECOURSE TO PUBLIC FUNDS ENTERING REFUGE

Survey Period Women given refuge accommodation % of total women given refuge 2002–03 301 1.76% 2003–04 368 1.98% 2004–05 477 2.4% 2005–06 305 1.8% Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Women and children provided with floating support, outreach and advocacy services Many domestic violence organisations oVer non-refuge-based services such as outreach, floating support, and advocacy services in addition to, or separate from, the provision of refuge accommodation. 78% of organisations responding to the 2005–06 Annual Survey oVer some of these services, a majority of which also provide refuge accommodation.198 19% of all those responding oVer outreach, advocacy and/or floating support services only. Extrapolating199 from the figures provided by those responding to our Annual Survey, we estimate that 114,430 women and 7,660 children were directly supported by outreach, advocacy and floating support services during 2005–06. A further 68,850 children were indirectly supported through the support given to their mothers.200

Table 3

ESTIMATED NUMBERS OF WOMEN AND CHILDREN SUPPORTED BY ALL DOMESTIC VIOLENCE SERVICES (BOTH REFUGE-BASED AND NON-REFUGE-BASED) ANNUALLY

Survey Period Women—total number supported Children—total number supported in all services in all services 2002–03 122,570 87,796 2003–04 142,526 106,118 2004–05 196,205 129,193 2005–06 131,245 95,960

2 October 2007

APPENDIX 32

Memorandum submitted by the Fawcett Society

1. Summary The Fawcett Society welcomes this opportunity to give evidence to the Home AVairs Committee. This response argues that: — There are links between all forms of violence against women, and the government therefore needs to adopt an integrated strategy on violence against women in order to tackle this issue eVectively. — While we acknowledge recent progress in criminal justice responses to domestic violence, as the evidence presented here demonstrates, there are still considerable deficits in the numbers of domestic violence cases achieving convictions in comparison with the average conviction rates for overall crime. — The fact that significant numbers of women are still being turned away from domestic violence shelters due to lack of space indicates serious problems of under-funding. — Current practices of providing short-term funding for specialist domestic violence services are leading to instability in the sector and gaps in service provision for particularly vulnerable groups of domestic violence victims.

2. The Fawcett Society The Fawcett Society is the UK’s leading gender equality organisation. Since 2001, we have been contracted by the Home OYce to run the Gender and Justice Policy Network (GJPN), a group of 80 experts, academics, practitioners and NGOs, who provide gender expertise on criminal justice policymaking. We also run the Commission on Women and the Criminal Justice System, a unique inquiry bringing together experts from all parts of the system to examine the way women are treated as victims, oVenders, defendants and practitioners.

198 75% of those oVering non-refuge-based domestic violence services also provide refuge accommodation. 199 Because the response from outreach-only services was lower (at only 50%) than that from services oVering refuge accommodation, we have made an additional adjustment to the data from this group to take this into account; ie using the overall response rate of 67%. 200 This figure is likely to be considerably under-estimated, given that many services did not keep records of the numbers of children living with those women they supported in non-refuge services. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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3. Domestic Violence — An estimated 931,000 women are victims of domestic violence every year.201 — Domestic Violence is linked to other forms of violence against women (VAW). The impacts of domestic violence, such as post-traumatic stress disorder and depression, are common eVects of other forms of VAW. — VAW is both a cause and consequence of gender inequality. As well as domestic violence, VAW includes rape and sexual violence, sexual harassment, female genital mutilation, forced marriage, stalking, sexual exploitation, and crimes in the name of “honour”. — Victims of domestic violence have needs which cut across a range of policy areas including criminal justice, housing, social care, work and benefits, health and education.

4. Overall Recommendations — This inquiry should be expanded to examine all forms of violence against women. — The government should develop, resource and implement a coherent integrated strategy on VAW. This strategy should include indicators and targets for reducing all forms of VAW, including domestic violence (DV). — Ongoing statutory “core” funding should be allocated at a suYcient level to run appropriate domestic violence services. — The government must publish comprehensive statistics on both DV and all forms of VAW on an annual basis. These statistics should be broken down by ethnicity, religion, disability, age and sexual orientation. — Information sharing agreements should be developed between criminal justice, health and social care agencies in order to tackle violence more eVectively. — Referral procedures across government agencies to DV and VAW services need to be improved. — Prevention strategies, including educational interventions and work to change public attitudes, should be prioritised as a means of reducing incidences of VAW.

5. Police — Since 2005, ACPO’s guidance on dealing with cases of DV has been rolled out through the Centrex training package for all police oYcers and support staV; this training is due to be completed by 2008.202 — Less than 35% of domestic violence is actually reported to the police.203 — Evidence shows that women may choose not to report domestic violence to the police either because they feel excluded from the criminal justice system by virtue of their gender, ethnicity or class, or because they doubt the eYcacy of this route for dealing with DV.204 — The British Crime Survey for 2004–05 reports that 401,000 police interviews were held concerning domestic violence. Given that 3,100 domestic violence cases were charged for prosecution by the CPS in December 2006, it is clear that the majority of cases are discontinued either by the police or the CPS.

Recommendations: — While the Centrex training programme is a welcome development, its eVectiveness in building capacity across the police force to deal with DV must be evaluated. — There is a need for the police to produce more comprehensive statistics on levels of reportage and outcomes of DV and VAW cases. — Police must work closely with the CPS to ensure that the strongest possible case is built as early as possible in cases of DV.

201 p.vi: S. Walby and J.Allen: Domestic violence, sexual assault and stalking: Findings from the British Crime Survey, Home OYce, 2004. 202 p32National Domestic Violence Delivery Plan Annual Progress Report 2006–07, Home OYce, 2007. 203 Crime in England and Wales 2001–02 report, 2002 Home OYce; D Crisp, B Stanko Reducing Domestic Violence...what Works?: Monitoring Costs and Evaluating Needs 2000 Great Britain, Home OYce, Policing and Reducing Crime Unit. 204 Brittain et al Black & Minority Ethnic Women in the UK 2005 Fawcett Society. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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6. CPS — Since February 2005 over 2,800 Crown Prosecution Service (CPS) staV have been trained to handle domestic violence cases. — Overall, the conviction rates for cases of domestic violence which are charged for prosecution are increasing. In December 2006, 2,065 or 66% of cases led to convictions, compared with 46% in 2003.205 — While the CPS has taken many positive steps recently in developing national policies on domestic violence, evidence suggests that work is required to improve local implementation of these policies. — The current conviction rate of 66% of domestic violence cases recorded by the CPS is still well below the national average of 83.7% for all cases prosecuted by the CPS.206 — Only 55.5% of DV cases brought to the CPS by police in 2006–07 were charged for prosecution. — There are still significant numbers of domestic violence cases being discontinued by the CPS, after being charged for prosecution. In 2006, 30% of cases were dropped.207 This compares with a discontinuance rate of 10.8% for all cases handled by the CPS.208 — It is also worth noting that 28% of DV victims retracted their statements in December 2006, for reasons including fear for their own safety.209 — There is still a significant problem with under recording of domestic violence within the CPS. Although improvements have been made in this area, the CPS estimates that domestic violence was under recorded by 18% in December 2006.210

Recommendations: — The CPS must work to ensure that national policies are consistently implemented at the local level. — The reasons behind the disproportionate number of discontinuances and non-convictions of domestic violence cases must be investigated and addressed. — Further work must be done to ensure that domestic violence cases are consistently recorded by the CPS. — While it is welcome that CPS domestic violence statistics are broken down by ethnicity, it would be more helpful if the outcomes for diVerent ethnic groups were recorded, and if statistics were also broken down by other factors, such as disability, sexuality and mental health.

7. Specialist Domestic Violence Courts — In the last year, Specialist Domestic Violence Courts have been expanded, with an increase from 49 to 64 announced by the Home OYce in December 2006. — There is evidence of significant increases in successful prosecutions where specialist courts are used. In 2005, while 59% of all domestic violence cases recorded by the CPS led to convictions, 71% of cases tried in specialist courts led to convictions.211

Recommendations: — Specialist DV Courts need to be made available in all areas. There is currently a huge geographical variance in their availability. — Work needs to be done to integrate DV courts with Independent Domestic Violence Advisors, sanctuary schemes and refuges.

205 CPS: Domestic violence monitoring snapshot: cases finalised in December 2006 CPS 2007. 206 The Crown Prosecution Service Annual Report & Resource Accounts 2006–07. 207 CPS: Domestic violence monitoring snapshot: cases finalised in December 2006 CPS 2007. 208 The Crown Prosecution Service Annual Report & Resource Accounts 2006–07. 209 CPS: Domestic violence monitoring snapshot: cases finalised in December 2006 CPS 2007. 210 CPS: Domestic violence monitoring snapshot: cases finalised in December 2006 CPS 2007. 211 CPS: Domestic violence monitoring snapshot: cases finalised in December 2006 CPS 2007. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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8. Family Courts — Women remain at a very high risk of violence and of being killed after leaving violent partners.212 — Only 10% of contact cases where domestic violence is cited end with an order for indirect contact or no contact.213 — 29 children in 13 families were killed between 1994 and 2004 as a result of contact arrangements in England and Wales.214 — A survey in 1999 of 130 abused women (in which 76% of children were abused during court ordered contact) found that 30% of mothers were told by the judge that domestic violence was not relevant. Furthermore, 39% of mothers were threatened with imprisonment for refusing to comply with a contact order and 25% were warned that residence might be granted to their abusive partner.215

Recommendations: — Family courts should operate on the presumption that a parent found to be violent in the family should not be granted contact or unsupervised contact unless the court is satisfied that this will be safe for the mother and child. — More thorough use should be made of court’s powers to attach conditions to contact orders. This would involve making contact dependent on the attendance of a parenting class, counselling or other programmes where there has been a domestic violence conviction. — Increased funding for centres where non-resident parents can have supervised contact with their children and for perpetrator programmes for parents convicted of domestic violence.

9. Support for Victims — Despite the 26% increase in specialist domestic violence residence properties from 2002 to 2005, there are still only 3851 residential units across the UK. These units provided accommodation for 19,836 women in 2004–05. Outreach provision now extends to 196,205 women.216 — During 2006–07, 21 refuge providers in London turned away over 2,300 requests for support from women, overwhelmingly because the refuge was full.217 — Funding for shelters is increasingly patchy and short-term, as it is provided through procurement or commissioning services rather than grant making or long-term investment in services. This means that the sustainability and provider diversity of the women’s voluntary sector is increasingly threatened.218 — Since 2003, Supporting People has been the main funding source for the provision of domestic violence services. While the accreditation and a quality assurance process has been improved in some areas, many providers have found that the heavy administrative burden has decreased their capacity to provide front-line services. Many local services have had their funding cut, and some smaller services have been forced to merge, or have been closed or taken over by larger Registered Social Landlords.219 — Within London, over 30% of supporting people contracts for refuges are set to remain at the same level of funding through 2007–08 as they were at in 2006–07—which represents a loss of income in real terms. 16% of contracts have had funding reduced to deliver the same number of support units.220 — Providers with lower than average unit prices were 60% more likely to report 10% or more of women returning to perpetrators after leaving refuges.221

212 Paradine and Wilkinson (2004) op cit; Walby and Myhill (2001) “Assessing and managing risk” in Taylor-Brown (2001) “What works in reducing domestic violence”. 213 Smart et al, 2003 cited in NCH, (2004): “Stuck in the Middle: an NCH Briefing Paper about Parental Separation and the issues for Children”. London. 214 Saunders, Hilary. (2004): “Twenty-nine child homicides: Lessons still to be learnt on domestic violence and child protection”. Bristol: Women’s Aid Federation of England. 215 Radford, Sayer and AMICA (1999) “Unreasonable Fears”. 216 Williamson, E Women’s Aid Federation of England 2005 Survey of Domestic Violence Services Findings 2005 http:// www.womensaid.org.uk/downloads/WA–survey–dv–service–findings.pdf 217 WRC Funding to London Women’s Refuges: Report to London Councils 2007 WRC. 218 In 2004–05, almost 40% of VCS income came from contracts with the public sector and only 14% came from grants. NCVO Voluntary Sector Almanac. 2007 National Council of Voluntary Organisations: London. See also McIlveen D, The Gender Duty- how can it work for you? 2007 Women’s Aid http://www.womensaid.org.uk/landing–page.asp?section%000100010009000500090001 219 http://www.womensaid.org.uk/page.asp?section%00010001001000020002&search%funding 220 WRC Funding to London Women’s Refuges: Report to London Councils 2007 WRC. 221 WRC Funding to London Women’s Refuges: Report to London Councils 2007 WRC. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— Under the current funding regime, less than half of all providers within London have been able to make financial provisions to cover redundancies, maternity cover and enhanced leave, sick leave and pension contributions for staV. 70% have experienced problems with recruiting staV with appropriate levels of skill and experience.222 — The Department for Communities and Local Government has announced that every local authority in the country should oVer sanctuary schemes to victims of domestic violence. A sanctuary scheme creates a “safe room” within the victim’s home and is intended to allow the victim to stay in their own home if the perpetrator no longer lives there. However, there is concern that sanctuary schemes are often not supported by appropriate services.223

Recommendations: — Ongoing statutory ‘core’ funding should be allocated at a suYcient level to run appropriate domestic violence services. Funders of DV services should provide annual inflationary increases as a minimum standard. — Priority must be given to ensuring the ongoing financial viability of small, specialist providers, who have the ability to meet the specific needs of the particular groups of victims mentioned below. — The Home OYce, which funds many of the existing specialist domestic violence services, must work with local government and other bodies to ensure adequate support is provided to victims. — Local authorities must acknowledge that sanctuary schemes are not an adequate solution to DV in themselves, and processes to ensure the consistent provision of additional support and alternative accommodation options must be put in place.

Specific Groups It is important to recognise that victims of domestic violence are not a homogenous group and that they have varied and often complex needs. This section looks at some of the needs of diVerent groups of DV victims, and the extent to which they are met by current services.

10. Single Women — The majority of rooms in DV refuges are designated for families.224 — Over 25% of women in refuges do not have children.225 — Single women moving on from DV refuges face diYculties accessing accommodation, despite the rights they hold under the Homelessness Act 2002. A Scottish study found that only 43%–68% of authorities routinely accept single women escaping domestic violence as “vulnerable”.226

Recommendations: — There is a need for Local authorities to take their duties towards single DV victims seriously, and to allocate funding for housing for this group.

11. Homeless Women — There is at present minimal homelessness hostel provision for women who face the complex diYculties which are associated with a history of domestic violence.227 — 63% of homeless women cite DV as a primary reason for homelessness,228 and one in seven victims of DV are homeless.229 — Despite this, only 52% of homeless hostels in London have women-only areas, 92% have no policy on VAW, and 65% do not liaise with any outreach projects for DV.230

222 WRC Funding to London Women’s Refuges: Report to London Councils 2007 WRC. 223 Commission on Women and the Criminal Justice System Women and Justice 2007 Fawcett Society. 224 Eden I and Vaccianna H A woman’s place: women and hostel provision in London 2005 The Lilith Project. 225 Kenny D and Levinson D, The Provision of Accommodation and Support for Households Experiencing Domestic Violence in England 2002 ODPM. 226 Pawson H, et al Repeat Homelessness in Scotland 2003 Edinburgh: Scottish Homes. 227 Eden I and Vaccianna H A woman’s place: women and hostel provision in London 2005 The Lilith Project. 228 ibid. 229 Westmarland, D Domestic Abuse in Bristol: Findings from the 2006 Snapshot 2006 Bristol: University of Bristol. Available at: http://www.bris.ac.uk/sps/research/fpcw/completed.shtml 230 Eden I and Vaccianna H A woman’s place: women and hostel provision in London 2005 The Lilith Project. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Recommendations: — Local authorities must ensure that appropriate, single-sex homelessness hostel provision which meets the needs of DV victims is consistently available. — The fact that a significant number of women who experience DV become homeless underlines the need to increase the funding capacity for DV services, and to expand referral routes.

12. Substance Use — Women experiencing domestic violence are up to 15 times more likely to misuse alcohol and nine times more likely to misuse other drugs than women generally.231 — Despite this, there only a small number of organisations in the UK where initiatives are being developed that address both substance use and domestic violence.232 — Research shows that the majority of DV victims who access support services are assisted by either substance misuse agencies or DV services.233 This means that the opportunity to eVectively combat both problems is missed.

Recommendations: — There is a need for funding to support capacity building within existing services and provision of appropriate accommodation for victims of DV with substance misuse issues. — There is a need for more awareness among substance misuse professionals on this issue, and consistent procedures for referral to DV services.

13. Ethnic Minority Women — A woman experiencing domestic violence contacts agencies 11 times before getting the help she needs, and this rises to 17 for black women.234 — Nationally only 30 refuge providers specifically support Asian women, and only 6% of local authority areas have specialist refuges.235 — A recent survey of refuge providers in London found that specialist services for ethnic minority women were more likely to have to turn women away due to lack of space.236 — Discriminatory attitudes and lack of cultural awareness can prevent agencies from dealing eVectively with violence against ethnic minority women.237 — Language barriers can prevent foreign-born women from accessing services.

Recommendations: — There is a need for increased funding for specialist provision and capacity building within existing services to ensure the needs of ethnic minority victims of DV are met.

14. Victims with Insecure Immigration Status — This group includes women who are subject to forced marriage and crimes in the name of honour, and “mail-order” brides—and therefore women who are often at increased risk of violence. — In 2006–07 within London, 18 DV refuges had to turn away 222 requests for services from women with no recourse to public funds.238 — In 2003, DV Refuges were only able to accommodate approximately a third of the women with no recourse to public funds that approached them for emergency accommodation.239

231 Stark, E. and Flitcraft, A. Women at risk: Domestic violence & women’s health 1996 Thousand Oaks, California: Sage; Lewis, Gwynneth, Drife, James, et al. Why mothers die 1997-1999: Report from the Confidential Enquiries into Maternal Deaths in the United Kingdom 2001 London: RCOG Press. 232 GLA Domestic violence and substance use: overlapping issues in separate services? 2005 GLA. 233 GLA Domestic violence and substance use: overlapping issues in separate services? 2005 GLA. 234 Shaw S Domestic Violence and Black and Minority Communities 2004. Available at http://www.crimereduction.gov.uk/gpvca07b.ppt<7 235 Shaw S Domestic Violence and Black and Minority Communities 2004. Available at http://www.crimereduction.gov.uk/gpvca07b.ppt<7 236 WRC Funding to London Women’s Refuges: Report to London Councils 2007 Women’s Resource Centre. 237 p 39 Brittain et al Black & Minority Ethnic Women in the UK 2005 Fawcett Society. 238 WRC Funding to London Women’s Refuges: Report to London Councils 2007 Women’s Resource Centre. 239 Southall Black Sisters Domestic Violence, Immigration and No Recourse to Public Funds: A Briefing to amend the Domestic Violence, Crime and Victims Bill 2004 http://www.southallblacksisters.org.uk/research.html Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— Refuges report that it takes, on average, 6–24 months for women’s immigration application to be determined, during which time they have no access to public funds.240 — Victims of DV with insecure immigration status also face reduced access to other services such as healthcare, education, housing, and legal aid.

Recommendations: — We fully support Southall Black Sister’s campaign for women experiencing any form of VAW, who are subject to immigration control, to be made exempt from the “no recourse to public funds” rule. This would enable women to leave violent situations, access support, report violence and where appropriate make use of the domestic violence and immigration concession.

15. Female Offenders and Domestic Violence — More than half of women in prison have experienced domestic violence,241 compared to one quarter of all women.242 — The experience of prison can be particularly traumatic for victims of violence.

Recommendations: — The government should develop a national policy framework, as part of an overall violence against women strategy, on treatment of female victims of violence who commit oVences. — Specialist training on VAW and gender awareness should be given to magistrates and judges, with reference to the diVerent experiences and needs of victims of abuse, and the need for use of alternatives to custody. —StaV who work in women’s prisons and probation services should be trained to address the needs of female victims of violence, including screening, risk assessment, safety planning and referral to specialist services. — Community-based sentencing alternatives and improved diversion strategies should be developed for women oVenders who have been victims of violence and abuse.

16. Women in Poverty — Women in households with an income of less than £10,000 are at three and a half times greater risk of domestic violence than those in households with an income of over £20,000.243 — When women are financially dependent on their partner, this can increase their vulnerability to domestic violence. — Domestic violence is therefore linked to other factors which trap women in poverty such as the gender pay gap, discrimination, lack of aVordable childcare and benefits arrangements which do not take into account women’s needs.

Recommendations: — The issue of VAW must be taken into account by multiple government departments. For example, the Department for Work and Pensions must look at the gendered impact of benefits allocation. — A VAW strategy should be adopted to encourage integrated working across government departments on this issue. 2 October 2007

240 ibid. 241 p 138: Reducing re-oVending by ex-prisoners, Social Exclusion Unit, 2002. 242 Council of Europe: Recommendation (2002) 5 of the Committee of Ministers to member States on the protection of women against violence adopted on 30 April 2002 and Explanatory Memorandum. 2002 Council of Europe: Strasbourg, France. 243 p 75 S.Walby and J.Allen: Domestic violence, sexual assault and stalking: Findings from the British Crime Survey, Home OYce 2004. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 33

Memorandum submitted by the Metroplitan Police Service and Metropolitan Police Authority 1. This submission to the Home AVairs Committee Domestic Violence Inquiry supports the submission of the Association of Chief Police OYcers (ACPO) Domestic Abuse Steering Group and ACPO Honour based Violence Working Group. 2. The past 10 years have seen unprecedented action to tackle domestic violence. A major factor in this has been recognition of the inter-relationship of agencies and level of response for tackling domestic violence and the levels of serious violence that are often seen in such cases. This has led to new legislation including the Domestic Violence, Crime and Victims Act 2004, the Sexual OVences Act 2004 and The Children’s Act. This legislation gives a clear message that domestic violence in all its forms is no longer acceptable and that perpetrators will be held accountable for their actions. 3. In addition to the legislation there has also been the development of a coordinated National Delivery Plan, the rollout of Specialist Domestic Violence Courts, funding for Independent Domestic Violence Advocates (IDVAs), rollout of Multi-Agency Risk Assessment Conferences (MARACs) based on the CardiV model and the development in some areas of Family Justice Centres. Domestic Violence is also a priority in the national Policing Plan. 4. In London there have been significant developments in relation to tackling domestic violence that have resulted from the implementation of national initiatives but there have also been regional initiatives that have resulted in service improvements by a number of agencies. 5. In November 2005 the Mayor of London’s Second Domestic Violence Strategy was launched. This multi-agency strategy is underpinned by a three-year action plan sets out the roles of responsibilities of agencies to addressing domestic violence in the capital. 6. The delivery of this strategy has been supported by Project Umbra, a London Criminal Justice Board initiative to improve the response of the criminal justice system to domestic violence with an over-arching aim of stopping the violence and holding oVenders accountable. This multi-agency initiative has been supported and resourced by the MPS. 7. In addition to its work as a lead agency and signatory to the Mayor of London’s Domestic Violence Strategy the MPS has incorporated domestic violence and related issues such as rape and sexual oVences and child protection in the MPS (Draft) Serious Violence Strategy. 8. The MPA’s role is to hold the Commissioner rigorously to account for improving the operational performance. In relation to domestic violence the MPA established a Domestic Violence Board in 2006 to ensure that the MPS and its 32 Borough Operational Command Units (BOCUs) across the capital have the opportunity to learn from partners, to showcase good practice and have access to support. A report of the Board’s activities over the past year has been compiled and sets out a number of recommendations for service improvement, which are being undertaken and reviewed by the MPS. 9. Whilst the Metropolitan Police Service (MPS) and the Metropolitan Police Authority (MPA) applaud these developments and the significant achievements at a national level that have resulted not least of which has been a reduction in the domestic homicide rate in London there still remains much work to be done. 10. As can be seen from the above both the MPS and MPA are committed to tackling domestic violence. However, there are a number of issues, which we would ask the Committee to consider in order to bring about further improvements. The areas for improvement are in line with the questions set out in the Committee Press Notice. 11. The MPS led, and were commended for, a public education and awareness raising campaign in 2005, focused on perpetrators of domestic violence entitled Your partners silence no longer protects you. Although this campaign featured the police response to domestic violence the MPS recognises the need for a national, coordinated campaign of public education and awareness raising campaign on domestic violence to support the number of existing initiatives in this area. The campaign could sign post victims, children, families and friends to sources of support and assistance, raise awareness of domestic violence and related issues such as honour based violence, and raise funds for agencies. The recent NSPCC campaigns are an example of a national campaign that has been able to do this. A national public education would support existing work in schools and enable victims to come forward and seek help and support. 12. In relation to police powers and legal protection the MPS, through a submission from ACPO on the Forced Marriage (Civil) Bill 2007and as part of its submission to the Safety and Justice consultation stated: “Section 60 of the Family Law Act makes provision for third parties to act on behalf of victims of domestic violence but has not been enacted. The Domestic Violence, Crime and Victims Bill focuses on improving legal protection for victims of domestic violence and includes a number of amendments to the Family Law Act that will enable this to happen. However, Section 60 has still not been enacted. An enactment of Section 60 supported by rules of court and other statutory instruments would enable Police, local authority departments eg Housing, Social Services etc and other service providers to make applications for civil protection for victims of domestic violence thereby ensuring their safety whilst taking the onus away from the victim.” Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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This would be an opportunity to improve the range of options available not only to victims of forced marriage but to all victims of domestic and/or inter-familial violence. 13. In addition to support for enactment of section 60 of the Family Law Act the MPA and MPS would like to see a more coordinated criminal and civil justice system response to domestic violence and an increase in the number of victimless prosecutions being taken forward. This would protect victims and send out a clear message that domestic violence will not be tolerated. MPS understands that ACPO Domestic Abuse Steering Group will be making clear in their submission the barriers created to taking forward victimless prosecutions despite enhanced evidence gathering by police as a result of risk identification and assessment tools and in some police areas the use of head cam equipment; as a result of conflicting performance management indicators. Victimless prosecutions where appropriate would aVord the victim protection and hold oVenders accountable whilst also taking the onus of pursuing legal remedies and justice away from the victim. 14. The MPS and MPA would strongly support a performance management framework that recognises and reflects the criminal justice service delivery continuum and places victim safety at its centre. The current indicators do not in our opinion reflect this. 15. The MPS and MPA would also support an indicator that reflects the prevention arm of the multi- agency approach being taken forward in London. Domestic violence homicide rates have shown a significant reduction in recent years and yet there is no recognition of this within the current performance framework. 16. Statistics show that victims of domestic violence are more likely to seek protection from the civil courts than from the criminal courts. This may be a result of the fact that the civil courts oVer speedier access to protection than the criminal courts. Improved access to the criminal justice system is being developed but this is crucial for victims of domestic violence. 17. London is the most diverse in the most diverse city in the world and as a result of this diversity the police and partner agencies are often having to respond to new and emerging issues eg honour based violence and to protect victims of domestic violence where the usual access to support services is hampered. With particular reference to those victims who have no recourse to public funds it is becoming increasingly diYcult to ensure their protection when emergency accommodation and support is not an option. This in essence is creating the potential for a two tiered response to victims—those who can access publicly funded support and those who cannot. This can result in some victims being forced to remain in abusive and violent relationships. 18. As referred to above the MPS is responding to the needs of a diverse population. Training and service responses must reflect this. The MPS is working with colleagues at the National Policing Improvement Agency and ACPO to review current training and advice and support for oYcers responding to incidents of domestic violence and related issues. There is a need for a consistent and coordinated inter-agency training package that meets the needs of front line service delivery. 19. Croydon has established a Family Justice Centre for victims of domestic violence and related issues. This Centre is based on a model developed in San Diego, USA. The MPS has established close links with colleagues in San Diego as a result of which police oYcers in Newham are taking forward the establishment of a second FJC in London. The MPS believes this model is the next step from the government’s Coordinated Community Response to Domestic Violence model and eases access for victims to the criminal and civil justice systems as well as additional support and assistance. The MPS would support the rollout of such centres where appropriate. This will involve significant resources to establish but the benefits resulting from early interventions would outweigh the initial costs. 20. London Criminal Justice Board has secured significant funding to rollout MARACs across the capital. The MPS and MPA support this move but would also recommend the extension of the IDVA services to all London boroughs that is commensurate with levels of domestic violence and reflects the diverse needs of the local population. 21. The MPS and MPA would also like to raise concerns about the current definition of domestic violence being used by agencies. The definition addresses violence between “intimate” partners aged over 18 years of age. This does not reflect violence within teenage relationships or domestic violence targeted against other under 18s. In addition, it has been brought to our attention by the MPS Disability Independent Advisory Group that the definition does not cover domestic violence perpetrated by carers and limits “intimate” to an understanding of a sexual relationship. It may not be deemed appropriate to label violence perpetrated by carers who may or may not be family members as domestic violence but this is an issue that must be addressed. 22. ACPO Domestic Abuse Steering Group will be addressing the issue of risk identification and assessment and shared understandings of risk in its submission to the Committee. The MPS and MPA wish to support their calls for a consistent and coordinated approach to risk identification and management across agencies focusing on both victims and perpetrators. 23. The MPS and MPA wish to draw the Committee’s attention to the limited availability of refuge and emergency accommodation for victims of domestic violence. Whilst the rollout of the Sanctuary Scheme has enhanced the range of options available to victims it is not always appropriate. There is currently extremely Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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limited refuge provision for LGBT victims of domestic violence, those with a disability, and those with substance misuse or mental health needs. There is currently no refuge provision for male victims of domestic violence and those with no recourse to public funds. 24. The MPS and MPA are concerned at the extremely limited availability of perpetrator programmes in the capital. Those placed on programmes are often placed on waiting lists and are then unable to access an appropriate programme. This must be an area of work reviewed by the Committee as it not only forms one of the range of options available to the courts but also as a longer-term preventative measure. 25. ACPO Domestic Abuse Steering Group will be setting out its support for an improved and enhanced information sharing process between agencies. Whilst not wishing to go into further detail here the MPS supports ACPO in this regard as information sharing has been a recommendation from almost all of the domestic homicide reviews conducted by the MPS. There must be safe information sharing that is focused on the safety of victims and their families. 26. The MPS and MPA recognise the need for post crisis support for survivors of domestic violence and their families. This is an area of work addressed in the Mayor’s Domestic Violence Strategy and there are examples of best practice of work with families but this is not widely available and cannot be taken forward without significant additional resources. 27. Funding for voluntary sector colleagues is almost always raised as an issue when discussing domestic violence. Whilst the MPS and MPA support additional resources for our partners in the voluntary sector we would also call for a recognition of the constraints of statutory agencies as a result of competing and conflicting priorities and/or limited resources. The MPA Domestic Violence Board scrutinises strategic and operational response of the MPS to domestic violence. This model is commended to other police authority areas. However, the police cannot tackle domestic violence alone and there is a need for monitoring and evaluation of services provided by other agencies across sectors to ensure that victims and/or survivors of domestic violence are in receipt of services that reflect their needs and aVords them protection. 2 October 2007

APPENDIX 34

Memorandum submitted by Karma Nirvana Asian Male and Female Project Karma Nirvana is a community-based project of national significance dealing with over 15 new cases a week related new cases of forced marriages and honour related violence. Working closely with statutory and voluntary sector services to support and improve practice to the client group. Karma Nirvana also works hard to highlight the plight of those who leave that become disowned by their families and whose risk increases due to making the decision to assert their rights and seek independence. These are what we call survivors who are very often forgotten but this is where the journey begins as loose everything they have ever known over night and the need for support is at its greatest as are the experiences of depression, self- harm and suicidal thoughts. The Karma Nirvana team is made up of male and female survivors of such crimes who share their experiences on a daily basis of disownment and forced marriages to reach others and to raise the profile of these heinous crimes, but more importantly to reduce the isolation of the victims to oVer them hope and to remind them that life exists after disownment. The basis for this submission is to highlight the pertinent issues facing victims and survivors of forced marriages and honour based crimes that can lead to murders by those who perceive themselves to be dishonoured. The key points relate to the lack of support given to those who make the decision to leave home or are repatriated by the Forced Marriage Unit with little or no support to rebuild their lives as disowned human ıbeings as they are made to believe that it is they who have betrayed the family. This isolation is tantamount to loss and many describe it as grieving which creates a pressure to return, self-harm as you begin living in fear of those who are meant to love you the most. We aim to highlight the issues related to their risk and the lack of understanding and support in managing this risk at the point of presenting as risk and when they start to rebuild their lives. Those who face immediate risk and call upon the Police and other agencies for support who at times have very little understanding of the risk involved which can lead to putting the victims at further risk, consider the Banaz Manhood murder and we intend to sight real case scenarios. There are pertinent issues in relation to the how protocols within Education, Education Welfare Services and Child Protection procedures may further put children and young people at further risk in cases of forced marriages and honour based abuse that we feel the committee need to urgently consider. Further to this we seek to raise the real issues impacting on men and couples experiencing forced marriages, near death experiences and life on the run in hiding who are often not supported by the current system that are designed to support female victims only. This paper is rooted in the experiences of victims and survivors through the work of the Karma Nirvana team and we would like to you to consider the attendance of survivors who are now working in this field to share their accounts with your committee. The two survivors I have suggested over and above my evidence are male and female with the experiences of forced marriages in the UK and abroad and as minors now adults, honour related violence and disownment. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Introduction of the Submitter My intention is to submit this paper as a survivor of a forced marriage as a person who has experienced disownment for over 25 years due to saying no to a forced marriage at the age of 16. I submit this as the founder member of Karma Nirvana which I founded in memory of my sister Robina who was taken out of school at the age of 15 to marry a man in the Punjab and later at the age of 24 she set herself of fire and died suVering over 80% burns. Since this experience I have taken it upon myself to speak out against the abuses I personally experienced as part of breaking the silence, raising awareness and more importantly to reach to those who are experiencing such issues. I recently wrote my story in the book “Shame” and in the process of writing my second book that seeks to give an account of those impacted by the issues. I work closely with Police, Forced Marriage Unit, and statutory and voluntary sector agencies in England, Wales and Scotland to educate, change practice in this area in order to reduce risk and isolation to victims. My expertise is rooted in my experiences and others victims/survivors in which I take many platforms to speak about their accounts, I provide advice and guidance to many professional bodies, have contributed nationally and internationally to this area of work through article[J1], media and currently act as an expert in court cases where the issues of honour related violence exist.

Submission of Evidence 1. It is important note that over the past nine months Karma Nirvana has been developing a database of survivors from across the UK. These are men, women and couples who have come into contact with our services and have requested continuous support in the form of networking, phone-support to the point where we take their date of births and have started to send them birthday, Christmas, Eid and Diwali cards. When you leave a forced marriage or honour related crime and find the courage to leave inevitably you become disowned and our victims/survivors tell us how it is your friends that become your family. We currently have an increasing database of 92 UK survivors that have been estranged by their families and many share their accounts of managing their risks, emotions and the need to tap into the network that reduces their isolation. 2. Based on current cases of Karma Nirvana and the many experiences of those on the data-base we have identified how risk is often not seriously managed by the Police, Social Services and Education in cases victims/survivors of forced marriagesand honour based crimes. At the point of crisis and rebuilding their lives these victims/survivors need a higher level of protection by agencies especially the Police. Many of these victims/survivors have experienced threats to kill from family members, experienced physical, mental abuse, kidnap and false imprisonment. On the day they find the courage to leave that are very often faced with agencies who do not understand the risk posed to them and common responses to our clients are “stop overreacting” “do not be so dramatic” or “wait for something to happen” and more importantly “it is not a Police matter”. 3. The highest level of protection we are aware of is “Witness Protection” and we have examples of cases where this is never considered despite our eVorts to advocate it at the highest level. We have three examples that we intend to present to the committee of cases which clearly identify the threat of a so called “honour killing” that have involved kidnapping and the presence of fire arms to warn victims of their use if they dare to leave and yet these victims still have not been given the Police protection they need. 4. We intend to demonstrate how we encourage reluctant victims through Karma Nirvana support to leave abusive situations and give statements to the Police they say only to be used in event of their death. Over and above statements many give their DNA and fingerprints to ensure their accounts are documented and in the hope of eVective Police action. However even in these cases we have experienced very little reassurance and victims experience a loss of Police confidence and are further victimised. 5. Victims who leave endeavour a journey in which they fear being tracked downed and recently Karma Nirvana dealt with a 17-year-old girl in Derby who is from an educated family who was being forced to marry. It is important to note that this girl responded to one of our local articles in the Derby Evening Telegraph due to the fact that not one secondary school in Derby would display the Government Forced Marriage poster that we have tirelessly advocated for schools to display. Our purpose of contacting schools during this time was due to the fears before the summer holidays. This is also the busiest time of the year for Karma Nirvana in which many girls and boys are taken abroad. 6. Education and Children and Young Peoples Services are key to prevention work and reducing the isolation of the victim our biggest challenge and some of the reasons given for not displaying the poster were that they did not want to upset communities. We recommend that every school evidence how they intend to reduce the risk of forced marriages in schools. We recommend the Education guidelines are monitored for their implementation and that all schools as with other posters engage in displaying the forced marriage poster. We have dealt with cases within Education, Education Welfare and Social Services including Children and Young Peoples Department have placed victims of forced marriages at further risk due applying the same protocols. In these cases we recommend that these agencies re-write policies and give consideration to the victims experiences and the impact of further risk. Examples of writing to the parents in case of truanting puts girls at further risk and may be the trigger for forced marriage or honour killing. Examples of mediation in cases of forced marriages places victims at immediate risk and future risk. Examples of children missing from school and going of roll without investigations of why are sited within Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Karma Nirvana work, despite request for investigation due to concerns. The DFES have a strong role in assisting the messages of the unacceptability of forced marriages and to date despite attempts to engage with the DFES we have not had any success. 7. Many professionals in this field are in need of support to engage in the support and prevention work of victims and do not have the confidence to do so due to so called “political correctness” and the fear of being racist this is becoming an increasing issue. There is a need to advocate these issues for what they are human rights abuses, child protection issues and against the law to restore confidence so that pro. 8. A point to note in relation to the 17-year-old victim in Derby is that her family went to the lengths of contacting our local MP RT Margaret Beckitt for information on her location demonstrating concern. This girl was eventually tracked down and kidnapped and the mother and cousin have since been remanded in custody awaiting trial. 9. The current Police Witness Protection Scheme is not designed to deal with victims and survivors of forced marriages and honour related crimes, very often these victims do not agree to acting as witnesses against their families, however it can be demonstrated they are in need of the same level of protection. I personally have advocated at the highest level for these victims to be oVered protection that takes into account their experiences of threats to kill with little success. 10. There is a need to design a Victim Protection Scheme to support victims and survivors of honour based crimes and forced marriages, this will enable them to build on a foundation to start rebuilding their lives without the fears of their families tracking them down. There is a need to develop a specific and consistent risk assessment model across organisations that engages with those who work with victims of these crimes. 11. The majority of organisations including the Government Forced Marriage Unit are engaged in the repatriation of victims and crisis intervention and once they are rescued the support ceases. It is important that these victims are encouraged through appropriate support that understands their experiences to reduce their isolation once they leave if they are to stand any chance of rebuilding their emotional and physical well being. The pressure to return and risk is at its greatest when women leave the refuge and this is when vulnerability is heightened as many learn the transition of moving from total dependency to independence. We recommend that the key to successfully supporting these victims has to involve survivors of these crimes and can evidence success of this. 12. Karma Nirvana would like the committee to consider the development of a national network to support those who leave and are repatriated. This would act as the surrogate family to those at risk and those disowned, as it would seek to meet to support the grief experienced at the loss of family members. We propose the development of an out of hours national forced marriage/honour based violence help-line in which survivors will answer the calls. As with the Karma Nirvana team these are unique individuals who are sharing their experiences to support others and add value to agencies that have a duty to support and protect victims. This intervention is crucial to the survival rates of victims and we currently have an increasing rate of victims in need of this service who have moved beyond their refuge experience. 13. There is a need to send out a strong message of the unacceptability of these crimes but also that there is life after asserting your rights as a forced marriage victim. With this in mind we recommend that agencies engage with victims and survivors jointly to give this message through education and awareness opportunities to demystify the notion that we do not want to speak out. 14. We would like the committee to consider the recommendation that survivors share their accounts to gain a deeper understanding into the complexities of the those who experience forced marriages and flee situations at risk from a so called ‘honour killing’ and would like to put forward the following to give evidence. 15. A male survivor of a forced marriage who was taken out of the British education system aged 10 years old to take part in a marriage ceremony to a girl aged five years old. Imran Rehman is now aged 33 a male caseworker with Karma Nirvana since March 2007 with a case load of 16 UK men. 16. Secondly we would like Shazia Qayum to give an account of her forced marriage who also was taken out of school, held as a prisoner in her home and then forced to marry abroad and only returned after agreeing to sponsor her husband under duress. Shazia is now the team leader who has a high caseload of young victims. 17. Thirdly we would like the committee to hear the accounts of a couple who are in hiding at risk of an honour killing to hear the first hand accounts of how risk in their case needs to be managed. The immediate and future challenges they face and how couples are very often at more risk and not recognised by current systems. Please note that reassurances are needed that they will remain anonymous in order for their experiences to be shared. 2 October 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 35

Memorandum submitted by Unite (T&G) Unite—the Union, (T&G section) welcomes the inquiry and believes that the importance of workplace agreements on domestic violence should be stressed very strongly. We therefore enclose a copy of the union’s factsheet on Domestic Violence and an article which gives a case study example of a domestic violence policy agreed with an engineering company in the West Midlands, published in the union’s women’s magazine, Together. We also believe that gender-based violence can interfere with women’s ability to maintain economic stability and women who are economically more stable are better protected against the risk of domestic violence. Unite—the Union, (T&G section) is very concerned at the over-sexualisation of girls and young women and the sexual bullying in schools. We are also concerned about magazines aimed at “lads” that are placed alongside regular publications. We therefore call for: 1. The Implementation of a national action plan to end violence against women. This should include a coherent and integrated approach that involves stakeholder organisations, government agencies and trade unions. 2. Consistent and regular funding to vital services, including refuges and Women’s Aid. 3. Violence against women to be recognised as a hate crime. 4. Steps to ensure that public bodies will factor in preventative measures to end violence against women under the Gender Equality Duty. 2 October 2007

Annex

GETTING INVOLVED—HELP AT LAST FOR VICTIMS OF DOMESTIC VIOLENCE Workplace support for victims of domestic violence has been written into a Birmingham manufacturing company’s conditions of employment. The breakthrough agreement has been negotiated by T&G senior shop steward Yvonne Swingler at IMI Components Ltd. It was launched on the eve of End Violence Against Women day at the end of last year. “It has already been used by three women and others have approached us”, Yvonne told Together. “They have said that had it been available years ago when they needed it they would have used it then”. “When I approached the company with the view of putting together a workplace domestic violence policy. I found them to be very responsive and got agreement to work with our personnel oYcer on the subject”. “We worked very well together, researching all the agencies within the Birmingham area to find out about the services they oVered and how to make contact with them”. “I also invited out regional women’s oYcer, Lindy Whiston, to talk to our personnel oYcer and this meeting proved to be very useful.” “We both attended a domestic violence awareness day organised by Birmingham Women’s Aid. This was extremely informative and helped us both to further understand the eVect domestic violence can have on the victim. We then felt able to put together a policy appropriate to our workplace”. It ensures that those who experience domestic abuse have access to appropriate information and support, and receive a confidential and sympathetic response. It aims to raise awareness in the workplace of the commonplace problems of domestic abuse. A pledge is made “to sensitively support employees who are experiencing domestic abuse and whose work performance may be aVected through character changes, performance related issues, withdrawal from social grouping, an increase in absenteeism or timekeeping problems . . .” In addition it oVers a confidential and sympathetic approach to the problem and encourages employees to come forward for help. all employees are to be encouraged to act responsibly and mindful of the problems facing victims. Confidential help, support of information can be obtained by contacting the personnel department. The union can assist with this. Information about appropriate organisations and counselling agencies that can provide support will also be made available on the notice board in the amenities room. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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THESE INCLUDE Victim Support: 0845 3093 0900 Women’s Aid: 0121 685 8550 Birmingham Women’s Advice & Information: 0121 212 1881 Refuge: 0121 344 4889 Refuge Accommodation: 0121 685 8505 Rape Crisis: 0121 643 5600 Stepping Stone (local support group): 0800 389 5790 (call not recorded on telephone bill) Samaritans: 0845 790 9090 Broken Rainbow: (for lesbian, gays, bisexuals & transexuals): 07812 644914 Please note these are mainly midlands phone numbers. For your region, please contact your regional women’s organiser.

APPENDIX 36

Memorandum submitted by the Crown Prosecution Service

Executive Summary The Crown Prosecution Service (CPS) is committed to raising awareness of, and eVectively prosecuting, domestic violence. The CPS has developed and circulated comprehensive domestic violence policy and guidance, as well as a Training Manual and Good Practice Guidance. The 2005–08 domestic violence work programme focuses on: — building capacity and competence; — monitoring, managing and reporting performance; — a strategic and operational role for Domestic Violence Coordinators in CPS Areas; — raising awareness; — improving services for victims and witnesses; and — developing partnership working. The CPS has adopted minimum standards of service for victims. It has established multi-agency Witness Care Units in every CPS area, and works closely with Independent Domestic Violence Advisors and specialist victim support services. All prosecutors have received training on “special measures” for vulnerable or intimidated witnesses. Multi-agency working is a key component of our domestic violence work. The CPS works with other Government Departments and voluntary sector agencies in delivering and reviewing the Specialist Domestic Violence Court Programme. The Service is proactive at both local and national level in working with a range of communities to develop policy and improve performance. We are now building on our domestic violence work by developing a ‘Violence against Women’ strategy and action plans with external partners.

1. Introduction 1.1 The Crown Prosecution Service (CPS) was set up in 1986 as an independent authority to prosecute criminal cases investigated by the police in England and Wales. It is a Non-Ministerial Government Department headed by the Director of Public Prosecutions (DPP). The DPP is superintended by the Attorney General, who is accountable to Parliament for the Service. The CPS consists of 15 Area Groups, which cover 42 Areas co-terminous with CJS areas. Each CPS Area is headed by a Chief Crown Prosecutor (CCP) who reports to the DPP on Area performance. A virtual 43rd Area, CPS Direct, is headed by a CCP and provides out of hours charging advice to the police. Three casework Divisions, based in CPS Headquarters, deal with the prosecution of serious organised crime, terrorism and specialised prosecution cases. 1.2 Before charging a defendant and proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. This sets out the principles the CPS applies when carrying out its work. Those principles are: — whether there is enough evidence to provide a realistic prospect of conviction against each defendant on each charge; and, if so, — whether a prosecution is needed under the public interest. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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1.3 The CPS aims to become a world class prosecuting authority that delivers a valued public service. Our current strategic themes are: — strengthening the prosecution process; — championing justice and the rights of victims; — driving change and delivery in the CJS; — inspiring confidence in the communities it serves; and — being renowned for fairness, excellent career opportunities and the commitment and skills of all its people. 1.4 Tackling domestic violence and bringing perpetrators to justice is a priority for the CPS. We are determined to play our part by prosecuting cases eVectively and working in partnership with other agencies.

2. Domestic Violence Policy and Practice 2.1 In recent years, the CPS has transformed its processes and procedures in tackling domestic violence. This has occurred against the background of wider changes within the Service, namely: — prosecutorial responsibility for most charging decisions; — the No Witness No Justice project, designed to improve support for victims and witnesses; and —theEVective Trials Management Project, aimed at improving the eVectiveness and eYciency of trials. 2.2 The first comprehensive CPS policy and guidance on domestic violence was developed in 2001 to address high attrition rates. A Domestic Violence Coordinator (DVC) was nominated in every CPS Area to oversee the implementation of the policy. 2.3 In 2003, the CPS established a two-year Domestic Violence Project, which aimed to establish measures to improve prosecutions. The Project set up a Domestic Violence Board, which oversees the delivery of the work and reports to the CPS Board. The project governance structure involves external statutory and voluntary sector partners. 2.4 The joint CPS/Police thematic inspection of domestic violence made recommendations to improve performance, and resulted in the revision of CPS policy and guidance in early 2005. This incorporated subsequent changes to the law, in particular changes arising from the Domestic Violence, Crime and Victims Act 2004. 2.5 To support these changes, a Domestic Violence Training Manual was developed jointly with the National Policing Improvement Agency.244 The Domestic Violence Project also issued Good Practice Guidance (GPG) to CPS Areas in 2005. 2.6 In addition, during the progress of the Domestic Violence Crime and Victims Act 2004 through Parliament, the CPS ensured the experience and concerns of its practitioners were reflected in the legislation. In particular, the creation of a new oVence of “familial homicide” (under section 5) and the provision of common assault as an alternative to a count of assault occasioning actual bodily harm (section 11). Since then, the CPS has worked closely with ACPO and the Ministry of Justice to develop guidance on key provisions within the 2004 Act, including non-molestation orders.

3. CPS Domestic Violence Work Programme 2005–08

Building capacity and competence 3.1 The CPS has built capacity and competence in its staV through the DVCs, a national training programme and an Employee Domestic Violence Policy. — Area DVCs liaise with the Crime and Disorder Reduction Partnership (CDRP) domestic violence forums and work in partnership with local statutory and voluntary agencies. — A three-year domestic violence training programme for all prosecutors and caseworkers commenced April 2005 for completion by March 2008. By August 2007, 2,548 employees had been trained; 62% of the total figure to be trained. The training covers: identification and monitoring of cases; policy implementation and guidance to deliver eVective prosecutions; and service provision for victims and witnesses. — Specialist prosecutors have been trained to work in SDVCs. — The CPS has introduced a Proactive Prosecutor Programme of training for all prosecutors, which aims to improve case building and management. This also addresses domestic violence.

244 Formerly known as “CENTREX”. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— In 2003, the CPS was the first Government Department to produce an Employee Domestic Violence Policy. This was revised in 2007. It was recognised by the Domestic Violence Inter- Ministerial Group as best practice across Government. In July 2007, all Human Resource Advisors were trained on the policy.

Monitoring, managing and reporting performance 3.2 The CPS has developed a rigorous performance management framework to measure outcomes against Public Service Agreement (PSA) targets. In April 2005, a Hate Crime Indicator was introduced along with a target for reducing all unsuccessful hate crime prosecutions from 42% to 36%, by April 2006.245 The CCPs have to provide the DPP with regular updates on domestic violence as part of their reporting on the Hate Crime Indicator.246 3.3 Since 2004–05, unsuccessful outcomes in domestic violence cases have fallen significantly, alongside a reduction in cases that have been discontinued by the CPS and those in which a bindover has been used. For domestic violence cases (the majority of hate crime cases), unsuccessful outcomes fell to 32.8%.

Timeframe DV % % DCN Bind Numbers successful unsuccessful overs Q1 2007–08 14,966 67.2% 32.8% 26.3% 7.1% 2006–07 57,361 65.2% 34.8% 27.9% 9.6% 2005–06 49,782 59.7% 40.3% 33.0% 14.9% 2004–05 34,839 55.0% 45.0% 37.0% 18.2%

3.4 There has been an increase of 51% in the number of domestic violence cases prosecuted by the CPS since the quarter ending June 2005. The increase in successful convictions up to 67% is a significant improvement against the background of an increasing volume of prosecutions. 3.5 A new target of 28% unsuccessful prosecutions for hate crimes has been set for April 2008, with a sub-target for domestic violence of 30%.247 3.6 Enhanced electronic monitoring was introduced in April 2007 to gather information such as victim retractions and flagging of forced marriage/so-called honour based violence. In November this year, we will begin to monitor relationship information and support for victims provided by specialist agencies. Gathering such data allows us to build up a better picture of performance and to identify where gaps in service provision exist.

Domestic Violence Coordinators 3.7 Domestic Violence Coordinators (DVCs) have a strategic and operational role in CPS Areas. Their role includes: — delivering training; — advising colleagues on policy implementation; — supporting performance management; — helping to increase public awareness; and — implementing the GPG (Good Practice Guidance). 3.8 Since 2006, an annual audit of implementation of the GPG has been undertaken. Recommendations are made appropriate to each Area to inform their annual Business Plans.

Raising awareness 3.9 The CPS has undertaken an extensive range of awareness raising initiatives since 2005, and these have included: — involvement in the International Day Against Violence towards Women; — domestic violence articles in CPS News (distributed to all staV) alerting staV to domestic violence issues; — DVC meetings to share good practice and address queries; — a Domestic Violence Newsletter that covers key issues; — campaigns for the month of action on domestic violence with other government departments;

245 The Hate Crime Indicator is expressed as, “to reduce unsuccessful outcomes in Hate Crime cases by [date]”. 246 This also includes religiously and racially aggravated and homophobic crime. From April 2007 disability hate crimes are included. 247 Domestic violence accounts for 80% of all hate crime and the targets for individual hate crimes are “weighted” to reflect that position. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— a publicity campaign in spring 2006 about Violence against Women and Children, which identified oVences and gave information about support for victims and perpetrators. The CPS worked on this awareness-raising initiative with community support agencies, the Foreign and Commonwealth OYce and Home OYce. Dissemination was targeted at community organisations; and — supporting the 2007 Dress for Success campaign, whereby CPS staV donated good quality clothes for domestic violence victims attending job interviews.

4. CPS Service to Victims and Witnesses of Domestic Violence

Minimum standards of service 4.1 Minimum standards of service for all victims are contained in No Witness, No Justice Minimum Requirements, the Victims’ Code of Practice (as outlined in the DVCVA 2004), and the Prosecutors’ Pledge. They are further detailed in the GPG. The service we provide includes: — developing systems with courts and the police to ensure that the results of court hearings, including bail hearings, are communicated to victims and witnesses as soon as possible; — keeping victims informed about the progress of their case; — helping victims and witnesses, including children, to feel more confident in giving evidence by providing general advice and information on the services and facilities available to them; — supporting the pre-court familiarisation process/witness support conducted by the Witness Service; — consulting with victims, wherever possible, on bindovers and bail conditions; — directly communicating with victims where decisions have been taken to drop or substantially alter a charge (as detailed in our Direct Communication with Victims scheme); and — working with local courts to ensure the safety of victims and witnesses in court (eg, by alerting security staV to potential diYculties).

Witness Care Units 4.2 Multi-agency Witness Care Units (WCUs) have been established in every CPS Area through the No Witness, No Justice programme. In domestic violence cases, Witness Care OYcers (WCOs): — ensure that a single point of contact provides tailored support toUvictims and witnesses from the point of charge through to the finalisation of a case; — forge links with police oYcers to ensureUthat witnesses are supported and can provide their best evidence in court; — refer victims to specialist domestic violence organisations where appropriate; — identify vulnerable and intimidated victims and witnesses to allow special measures applications to be made by the CPS where necessary; — arrange for Victim Personal Statements to be taken; —oVer support such as child care and transport; and — facilitate pre-trial visits to court through the Witness Service.

Working with IDVAs and victim support services 4.3 In SDVCs, Independent Domestic Violence Advisors (IDVAs) provide support for victims both inside and outside the CJS. The first 25 SDVCs were selected in 2005–0and a further 39 in 2006–0 The CPS pioneered SDVCs by organising independent evaluations of the first five SDVCs and two Pilots set up in 2004.248 4.4 The 2007–08 SDVC work plan includes a review of the 25 SDVCs and development of further SDVCs, bringing the total to approximately 100, with linked support for victims through Independent Domestic Violence Advisors (IDVAs) and Multi-Agency Risk Assessment Conferences (MARACs). 4.5 Areas are encouraged to work in partnership with IDVAs and local specialist services, including those working with minority communities, to ensure victims are supported appropriately. The Good Practice Guidance advises Areas to develop local protocols that clearly define the roles and responsibilities of the WCU, dedicated police oYcers and IDVAs.

248 See http://www.cps.gov.uk/Publications/equality/index.html for full evaluation reports. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Special measures

4.6 Special measures are available under the Youth Justice and Criminal Evidence Act 1999 to victims and witnesses who are deemed vulnerable or intimidated. The purpose of these measures is to enable victims and witnesses to give their best evidence and to ensure that witnesses do not feel intimidated during the trial process. 4.7 All prosecutors have received training on special measures (eg, providing evidence behind a screen). The CPS has also prepared a leaflet for voluntary organisations, outlining what special measures are available and who is eligible to apply for them.

5. Partnership Working

5.1 Multi-agency working is a key component of our domestic violence work. Nationally, the CPS works with other Government Departments in the Domestic Violence Virtual Unit, which reports to the Inter- Ministerial Group. It also liaises on a regular basis with ACPO. 5.2 The GPG recommends the development of local partnership working and community engagement. CPS Areas participate in Local Criminal Justice Boards and the CDRP domestic violence forums. DVCs have developed protocols with local partners to detail the roles and responsibilities of each agency and share information. They also link with specialist support agencies, including IDVAs. 5.3 The CPS recognises the need for the criminal and family justice systems to work together on cases dealt with in both jurisdictions. The CPS initiated work on information sharing that resulted in an amendment to the Family Proceedings Rules and a family/criminal practice guide. This resulted in the drafting of Related Family and Criminal Proceedings: A Good Practice Guide by experienced legal professionals, the CPS and local government. This Guide is due to be published later this Autumn, at the request of the Family-Criminal Interface Committee.249 5.4 The CPS also works in partnership with the Home OYce, Her Majesty’s Courts Service and an expert panel including key voluntary sector agencies, in monitoring, reviewing and developing further the SDVC Programme.

Involving communities and addressing diversity

5.5 Each CPS Area is required to have in place a programme of community engagement on domestic violence. The Areas are assessed on this work through the annual GPG audit. In 2006-07, 38 Areas had improved, or maintained, their domestic violence community engagement from 2005-6. 95% of DVCs attended local domestic violence forums, compared with 80% in 2005-6. 48% of Areas engaged with diverse groups, compared with 38% in 2005-6. 5.6 The GPG advises CPS Areas on their work with a range of diVerent communities. Areas now monitor defendants and victims by gender, ethnicity, disability and religion. Same sex relationships will also be identified from November 2007 through the electronic monitoring of the relationship between, and gender of, victims and defendants. 5.7 A domestic violence Equality and Diversity Review was carried out in July 2007, which included an analysis of domestic violence data by gender and ethnicity. Focus groups involving a range of communities are planned for 2008 to address equality and diversity issues and identify any changes needed to CPS policy, guidance and training. 5.8 In July 2007, a pilot on forced marriage/so-called honour based violence commenced in four CPS Areas: Lancashire, London, West Midlands, and West Yorkshire. This will run until March 2008, and is overseen by a steering group that includes community groups. The group has developed guidance, electronic flagging of cases and training for selected prosecutors. The aims are to: — identify the number and patterns of cases; — identify issues facing prosecutors in identifying, managing and prosecuting these cases; and — inform the development of any national guidance and training for prosecutors to improve these prosecutions and increase support for victims. The CPS Research Team is currently evaluating the pilots. A report will be published in summer 2008.

249 This Committee was jointly established by the former President of the Family Division and the then Solicitor General Harriet Harman QC, and chaired by the Hon Mr Justice Hedley, High Court Family Division. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Developing wider work on Violence against Women 5.9 The CPS Single Equality Scheme has committed the Service to developing a Violence against Women strategy and action plans in 2007–08 with external partners in the voluntary sector. The project aims to ensure the strategic coordination, rationalisation and an improved prosecution response to a range of crimes, including: — domestic violence; — forced marriage/so-called honour based violence; — female genital mutilation; — rape and sexual oVences; — human traYcking; — prostitution; — child and elder abuse; — pornography; and — sexual harassment at work. 5.10 Its objectives are to improve prosecutions; improve support for victims (including CPS employees); and increase public confidence in crimes involving violence against women. 2 October 2007

APPENDIX 37

Memorandum submitted by the Home OYce

Executive summary 1. Domestic violence is a volume crime comprising 15% of all violent incidents, with about one in four women and one in six men having been a victim of domestic violence since the age of 16. One incident is reported to the police every minute and around two women a week are killed by a partner or former partner. 2. In 2001 in England and Wales, domestic violence was estimated to cost a total of £23 billion, with £2.7 billion absorbed by employers and workers. 3. The Government has been working on many fronts to raise awareness and understanding of domestic violence and improve delivery across all sectors. 4. In relation to progress made in recent years, there has been a 59% decrease in the prevalence of domestic violence since 1995. In 2005–06 domestic violence homicides (n%106) were at their lowest level since 1999–2000 and down markedly on the previous year (2004–05 n%144). See also, Appendix A for key milestones in the Government’s progress.

Domestic Violence Crime and Victims Act (DVCVA) 2004 5. In 2004 the Domestic Violence Crime and Victims Act (DVCVA) was enacted, which included a number of new powers and amendments to existing legislation, to increase the protection available to victims when cases are brought to the attention of the criminal justice system.

National Delivery Plan for Domestic Violence 6. Supporting the changes in legislation, the Government developed a National Delivery Plan in 2005, focussing on five key outcomes: (i) Reduce the number of domestic violence homicides; (ii) Reduce the prevalence of domestic violence; (iii) Increase the rate that domestic violence is reported; (iv) Increase the rate of domestic violence oVences that are brought to justice; and (v) Ensure victims of domestic violence are adequately protected and supported. In addition, the Government works closely with the Welsh Assembly Government and the Northern Ireland OYce to ensure there is complimentary work to tackle domestic abuse. In 2005, Tackling Domestic Abuse in Wales: The All Wales National Strategy a Joint Agency Approach was published as was Northern Ireland’s Tackling Violence at Home Strategy for addressing domestic violence and abuse. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Public education and awareness-raising

7. The Government has launched three campaigns to raise awareness of domestic violence. These campaigns have focused on: victims and their children; the role of third parties; and, a police enforcement campaign run during the FIFA World Cup in 2006.

Police powers and legal protection for victims

8. The key domestic violence related measures within the DVCVA 2004 have provided significant new police powers to deal with domestic violence including making it a criminal oVence to breach a non- molestation order, punishable by up to five years imprisonment and to make common assault an arrestable oVence (though the latter was superseded by further legislation making all oVences arrestable). To accompany this, guidance from the Association of Chief Police OYcers has been disseminated to all forces with a commitment to train all frontline oYcers by 2008. This guidance has been promulgated through two recent successful enforcement campaigns (see point 2 of public education and awareness-raising). 9. Implementation of key measures within the DVCVA has strengthened the civil law on domestic violence and made a number of amendments to the Family Law Act 1996 to provide better protection for victims and their children, whilst also holding oVenders to account. In addition to making it a criminal oVence to breach a non-molestation order; the Act clarified that cohabiting couples includes same-sex couples and made couples who have never married or cohabited eligible for non-molestation and occupation orders. The Act will also enable courts to impose restraining orders when sentencing for any oVence and giving any person mentioned in a restraining order the right to make representations in court if an application is made to vary or terminate the order.

Criminal and civil justice processes, including the Specialist Domestic Violence Court Programme

10. Real progress has been achieved in the criminal justice response to domestic violence. The police, crown prosecutors, the courts and judiciary and the probation service have all made huge strides to improve their services: through training; changes to work practices; the support and protection of victims; and, in bringing perpetrators to justice. Aside from a wide range of protective injunctions for all, the Forced Marriage (Civil Protection) Act 2007 will provide civil protection for vulnerable individuals threatened with forced marriage. 11. A key focus of the National Domestic Violence Delivery Plan has been the continued expansion of the Specialist Domestic Violence Court (SDVC) Programme. The Programme takes a holistic, multi-agency approach to putting victims at the heart of the CJS. From April this year, 64 SDVCs are operational, with a further selection planned which will bring the total to over 100.

Support for victims, including finance and refuge provision

12. In 2007–08, the Ministry of Justice (MoJ) has committed £3 million for Independent Domestic Violence Advisor (IDVA) services, with an ongoing commitment for future years. This continues the support of previous funding for IDVA services linked to the SDVCs, and expands the provision in non- SDVC areas, bringing the total number of services supported to over 100. 13. Policy work to support victims of domestic violence within black and minority ethnic communities has been developed further. This has included the launch of a joint Forced Marriage Unit; hosting honour killings seminars to identify how agencies can work more eVectively; gathering an evidence base; and, the development of guides to improve support to victims and their children. 14. The joint Foreign & Commonwealth OYce/Home OYce Forced Marriage Unit (FMU) is the UK’s “one stop shop” for developing Government policy on forced marriage, co-ordinating outreach projects and providing support and information to those at risk. The FMU manages around 300 cases per year and has recently launched its Two-Year Strategy. 15. Over the last year work to strengthen statutory agency responses, in particular the police and other criminal justice agencies to honour based violence has been developing. This has included working with communities to raise awareness and identify barriers, and has also looked at the scale of the problem across London. As part of this emerging agenda the importance of developing a strategy to tackle and prevent these crimes is becoming more focused. 16. Since April 2005 work has been developed to strengthen the accountability of local authority responses to domestic violence. This has included the introduction of a revised Best Value Performance Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Indicator, the purpose of which has been to assess the overall provision and eVectiveness of local authority services designed to help victims of domestic violence; and guidance for setting up sanctuary schemes to provide victims with extra security measures within their homes. 17. A significant amount of capital investment has been made to ensure that victims of domestic violence who are at risk receive accommodation and other housing related support. The Government has also continued to provide funding to a matrix of help lines to support a range of victims. Over the last year further work on the development of a programme focused on men and domestic violence has taken place. 18. The Department of Health’s domestic violence policy is set out in Responding to Domestic Abuse: A handbook for health professionals (2006) which encourages raising the issue of domestic abuse with all pregnant women and the provision of information. The implementation of the Victims of Violence and Abuse Prevention Programme (VVAPP) is working to create a co-ordinated package of measures to ensure the best possible responses to domestic and sexual violence are made available. VVAPP includes the development of National Service Guidelines across a range of interventions with child and adult victims of domestic violence, and perpetrators. These include Sexual Assault Referral Centres. A handbook on domestic violence has also been produced for health professionals. In addition, a supportive environment for women in ante-natal care settings was established to ensure that all pregnant women are given information in a non-stigmatising, nonthreatening way which allows for disclosure. 19. In recognition that there are strong links between child protection concerns and domestic violence, Every Child Matters aims to improve the welfare of all children through earlier and more eVective assessment and intervention for vulnerable children, including those aVected by domestic violence. The Government’s inter-agency guide to safeguarding and promoting the welfare of children (Working Together to Safeguard Children, 2006) contains advice on appropriate responses, particularly between children’s social care and the police. 20. Recent Joint Area Reviews of Children’s Services conducted by Ofsted indicate that many Local Authorities are addressing the eVects of domestic violence on children and have taken steps to ensure that all the relevant agencies work together to provide an appropriate response that helps to keep children safe.

Perpetrator programmes 21. All probation service areas now run a perpetrator programme accredited by the Correction Services Accreditation Panel (CSAP) for delivery in the community.

Multi-agency approaches, and what barriers exist to their eVective operation 22. Multi-Agency Risk Assessment Conferences (MARACs) are a recent development in services oVered to high risk victims of domestic violence. The Government has invested £1.85 million to set up MARACs in both the 64 SDVCs and in non-SDVC areas bringing the total funded this year to over 100.

Future Plans

Domestic violence and the new Public Service Agreements (PSAs) 23. The new suite of Home OYce PSAs currently being developed includes a focus on seriousness and dangerousness in relation to crime reduction and protecting the public. It is intended that there be a new Safer Communities PSA target to reduce the prevalence of more serious violent oVences, including the most severe forms of domestic violence. In addition, it is expected that the Justice For All PSA will require an increase in the proportion of serious oVences brought to justice. However, discussions on this work are still on-going. 24. Indicators measuring police and local authority performance on domestic violence are proposed to support these PSAs.

Coordinated Community Response to Domestic Violence 25. Building on the experience of the SDVC Programme and what is known from research, the Government has been working to develop an holistic model that all local partnerships can use regardless of whether or not they have an SDVC. The model provides an illustration and narrative of how domestic violence should be understood and tackled at local level. Guidance for local partnerships will be developed to accompany this model, and it is hoped that local partnerships will adapt this model to ensure their limited resources are targeted at the most vulnerable and high risk victims. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Detailed Evidence

Public education and awareness-raising: ENOUGH campaign and Crown Prosecution Service (CPS) Violence Against Women Campaign 26. The Home OYce’s recent domestic violence communications strategy was grounded in British Crime Survey findings that over 60% of victims confide in friends or family members about their abuse. The campaign, intended to raise awareness of the role third parties can play in stopping the abuse, promoted the matrix of national help lines that the Government supports. The campaign ran in SDVC areas in both 2006 and 2007. National domestic violence month in March each year also aims to highlight the work we are undertaking across Government to reduce domestic violence and the harm it causes. In 2006 this included a CPS public awareness campaign on Violence Against Women and Children.

Domestic Violence Enforcement Campaigns 27. The Home OYce’s two Domestic Violence Enforcement Campaigns (DVECs), which ran in spring 2005 and during the FIFA World Cup Finals in the summer of 2006, were intended to be both catalysts for an improved response to domestic violence locally and to raise awareness about the campaigns with oVenders, victims and the public. 28. The lessons learned during the DVECs added significantly to the evidence base on what works in relation to policing domestic violence, including the use of head cameras to aid eVective evidence gathering when responding to domestic violence incidents.

Police powers and legal protection for victims 29. The key domestic violence related measures within the DVCVA 2004 include: — Significant new police powers to deal with domestic violence, including making it a criminal oVence to breach a non-molestation order, punishable by up to five years imprisonment (implemented July 2007). — Strengthening the civil law on domestic violence to ensure cohabiting same-sex couples have equal access to non-molestation and occupation orders, (implemented in December 2005) and extending the availability of these orders to couples who have never lived together or been married (implemented in July 2007). — Section 110–111 of the Serious Organised Crime and Police Act 2005, which commenced in January 2006, made all oVences arrestable. This means that the existing arrest provisions under the Police and Criminal Evidence Act (PACE) based on the concept of seriousness have been replaced by a simplified approach providing a constable with the power of arrest for all oVences. This superseded Section 10 of the DVCVA. 30. It is too early to provide an evaluation of the eVectiveness of these measures. 31. The following provisions have yet to be implemented: — Extending the courts’ powers to impose restraining orders when sentencing for any oVence, and not just upon oVenders convicted of harassment or causing fear of violence; — Enabling courts to impose restraining orders on acquittal for any oVence, if it is considered necessary to protect the victim from harassment; and — Putting the establishment and conduct domestic homicide reviews on a statutory footing, allowing a systems review of key agencies policies and practices when a domestic homicide has occurred, in order to find out what can be done to improve the system and prevent future deaths.

Criminal and civil justice processes, including the Specialist Domestic Violence Court Programme 32. Real progress has been achieved in relation to the criminal justice response to domestic violence.

Domestic violence training for criminal justice staV 33. We are rolling out the Centrex/CPS Responses to Domestic Violence training manual to embed the principles of the Association of Chief Police OYcers’ (ACPO) Guidance on Investigating Domestic Violence in local policing policies. 34. ACPO has also produced guidance on risk assessment and the police as perpetrators. Her Majesty’s Inspectorate of Constabulary published a joint inspection and report, with Her Majesty’s Crown Prosecution Service Inspectorate, on Violence in the Home in 2004. 35. The CPS is training all prosecutors and designated case-workers in domestic violence by March 2008. By August 2007, 2548 (62%) of staV have been trained. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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36. Successful outcomes for domestic violence prosecutions rose from 46% in December 2003 to 67% in June 2006, exceeding the target.

Specialist Domestic Violence Courts 37. The Specialist Domestic Violence Court (SDVC) system situates the court system and the CJS as part of a community-wide response to domestic violence, improving local responses to DV cases and increasing the number of DV oVences reported and successfully prosecuted. 38. The programme model, comprising 11 core components, was developed from two evaluations of seven specialist court systems, which demonstrated that by adopting particular working practices, significant improvements could be made to the outcomes of domestic violence cases. Specific measures include: — Accredited independent domestic violence advisors (IDVAs) who oVer victims one point of contact during and after a case; — All CJS staV and magistrates trained on DV; — Specific court listing practices to enhance the eVectiveness of the court and support services. 38. We now have 64 operational schemes which we plan to expand to 100 by April 2008. We are also currently reviewing progress within the existing SDVCs.

Tackling Violent Crime Programme 40. The Tackling Violent Crime Programme (TVCP) was launched in November 2004 to tackle domestic and alcohol related violent crime in those areas experiencing the largest proportion of more serious violence in England and Wales. The domestic violence work has centred on the production of an investigation pack for domestic violence, to be utilised by oYcers attending incidents of domestic violence.

Support for Victims, including Finance and Refuge Provision

Independent Domestic Violence Advisors 41. Independent Domestic Violence Advisors (IDVAs) are trained specialists who provide a service to victims who are at high risk of harm. IDVA involvement with victims of domestic violence has been shown to decrease victimisation and reduce victim withdrawal. 42. During 2006–07, £3 million in funding was been used to seed-fund the development of IDVA services in the 64 SDVC areas, and to pilot a network of Independent Sexual Violence Advisors (ISVAs) in Sexual Assault Referral Centres (SARCs) and specialist sexual violence voluntary sector organisations. Accredited training for IDVAs and ISVAs has been developed.

Support for victims of forced marriage 43. The Forced Marriage Unit, a joint unit between the Foreign OYce and the Home OYce, was launched in January 2005 to develop Government policy on forced marriage, provide guidelines for statutory agencies, raise awareness and co-ordinate outreach projects and provide support and information to those at risk. The FMU handles approximately 250–300 cases per year. The Forced Marriage (Civil Protection) Act, which gives greater civil protection to victims received Royal Assent in July 2007.

So-called Honour based violence 44. The Government recognises that there is a direct link between forced marriage and crimes committed in the name of honour and the Home OYce is working with the FMU to explore further connections with their work. In 2006 the (then) Attorney General and Baroness Scotland hosted two seminars on honour killings with community leaders, and third sector agencies to identify how police and statutory agencies can work more eVectively with aVected communities to get co-operation and information and to prevent honour crimes. 45. As a result of these seminars the risks posed for those victims of so called honour based violence and forced marriage have been included in our roll out of Multi-Agency Risk Assessment Conferences (MARACs). 46. Over the coming months we will be working closely with the Association of Chief Police OYcers (ACPO) to develop an honour based action plan that will cover specific areas; adopting a co-ordinated community response to prevent and reduce honour based violence, ensuring that all reports of honour based violence are investigated, facilitating eVective accountability of oVenders through the criminal justice system and increasing awareness. We will be reporting progress on this work on regular basis. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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47. We are also currently developing a national Black and Minority Ethnic (BME) working group of Government, statutory agencies and the third sector that will promote a partnership approach to issues such as domestic and sexual violence, forced marriage, so called honour crimes and female genital mutilation. The group will identify and develop actions and practical tools to assist victims and potential victims. 48. We have commissioned the development of a step by step guide for women in BME communities who are victims of domestic violence. It will provide practical advice on steps that victims can take to protect themselves and their children. We have also commissioned research from Bristol University which will be looking at the help-seeking behaviours of women from BME communities with a view to informing national policy and practice development. We expect interim findings by the end of this year.

Refuge and housing provision 49. The introduction in April 2005 of the revised Best Value Performance Indicator 225 for domestic violence is designed to assess overall provision of local authority services to encourage a change in practice and approach by stimulating authorities to act on a number of areas: providing better advice and information; training and education to relevant staV; better cross agency working; and better access to services. 50. Joint guidance from the Department for Communities and Local Government (CLG) and the Local Government Association on setting up Sanctuary Schemes was published in December 2006. The Sanctuary Scheme provides security measures to allow those experiencing domestic violence (and other hate crimes) to remain in their own accommodation where it is safe for them to do so, where it is their choice and where the perpetrator no longer lives within the accommodation. 51. Over 2003–06 a total of £32.1 million capital was invested in refuge provision in England (£15.7 million through the Housing Corporation and £16.4 million from the Homelessness Strategy and Support Directorate in CLG). 511 units of accommodation were refurbished or newly built. In 2005–06, £59 million of Supporting People funding was used to provide housing related support to women at risk of domestic violence. 52. Homelessness Strategy and Support Directorate in CLG continued to fund UKRefugesonline (£100,000 in 2007–08), a UK wide database of domestic violence services which supports the national 24 hour free phone domestic violence helpline. 53. The Government provides funds to a matrix of national helplines: including the national 24 hour domestic violence helpline; men’s advice line; and broken rainbow, a service for those within the lesbian, gay, bisexual and transgender community. In relation to non-convicted perpetrators, the Government has also funded the RESPECT phone line for perpetrators which oVers advice to those seeking help.

Men’s coalition 54. The Men’s Coalition consists of a number of leading men’s organisations such as Fathers Direct; RESPECT; Men’s Advice Line and Enquires; Men’s Health Forum; National Children’s Homes and other leading commentators and academics who have demonstrated an interest in speaking out against violence. Over the year they will be developing a work programme to look at how best they can contribute to and support the debate against violence.

Work Place Initiatives

Government as an employer 55. In September 2005 the Inter-Ministerial Group (IMG) for Domestic Violence asked all member Departments to adopt and implement robust domestic violence policies based on Cabinet OYce guidance, which would identify and protect staV and if necessary intervene with perpetrators. These policies are monitored quarterly by the IMG. In addition many Departments have raised awareness of domestic violence by running specific campaigns.

Corporate Alliance Against Domestic Violence 56. In September 2005 the Corporate Alliance Against Domestic Violence (CAADV) was launched by the Home Secretary and Baroness Scotland. CAADV is a group of progressive companies and organisations working individually and collectively to address the impact of domestic violence in the workplace. Since its launch over 160 new companies have joined the alliance, which means that over two million employees will now be better protected. CAADV has developed a strategy for its continuing work over the next year, including improving workplace safety for domestic violence victims. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Perpetrator programmes 57. All probation service areas now run a perpetrator programme accredited by the Correction Services Accreditation Panel (CSAP) for delivery in the community. During the beginning of 2006–07, all areas received programme sign-oV by satisfying CSAPs quality standards, and for the first time targets were set by the National OVender Management Service (NOMS) for programme completion. 58. The Government is also funding RESPECT to develop national standards for perpetrator programmes outside the criminal justice system.

Multi-agency approaches, and what barriers exist to their eVective operation 59. Multi-Agency Risk Assessment Conferences (MARACs) have become the cornerstone of our approach to identified high risk victims of domestic violence as indicated through the use of risk assessment tools. By sharing information, agencies get a better picture of victims’ situations and so develop responses that are tailored to the needs and goals of individual victims and their children. Safe information-sharing also allows agencies to manage the perpetrator in ways that reduce risk. 60. Reluctance to share information between partners has often been identified as a barrier to the eVective operation of such multi-agency approaches. However, the MARAC model has been approved by the Information Commissioner and their recommendations concerning the data sharing in relation to the MARAC is being worked into a standardised information sharing protocol for all MARAC areas.

APPENDIX A

DOMESTIC VIOLENCE MILESTONES ACHIEVED OVER PAST 30 YEARS

Significant progress made includes: 1971 Refuge opened the first safe house for women and children experiencing domestic violence. 1976 The first Domestic Violence Bill (the Domestic Violence and Matrimonial Proceedings Act) gave new rights to civil protection orders for those at risk of violence. 1977 The Housing (Homeless Persons) Act—applicants (including women with children) at risk of violence if they remained in their home were acknowledged as homeless and gained a statutory right to local authority help with accommodation. 1996 Housing Act 1996—definition of homelessness revised to include specific reference to threat of domestic violence. 1999 Women Ministers launch Living Without Fear, a national strategic approach to violence against women. 2002 Order made under Housing Act 1996—priority need for accommodation extended to people vulnerable because they have fled their home because of violence. 2002 Rape Action Plan. 2003 Home OYce launch of Safety and Justice Consultation Paper. 2003 Launch of the 24 hour National Domestic Violence freephone helpline, run in partnership between Women’s Aid and Refuge. 2003 FGM Act. 2003 Sexual OVences Act. 2003–04 Development of 14 Sexual Assault Referral Centres (SARC’s). 2003–06 Gender Equality PSA.250 2004 National awareness raising campaign—Domestic Violence. 2004 Domestic Violence, Crime and Victims Act. 2004 UN Resolution on Honour Killings, jointly presented by UK and Turkey. 2004 Costs of Domestic Violence Research. 2005 March is National Domestic Violence Month. 2005 OYcial launch of the Forced Marriage Unit. 2005 National Report and National Delivery Plan. 2005 Launch of the Corporate Alliance Against Domestic Violence. 2005 Domestic Abuse Strategy for Wales. 2005 Development of the Northern Ireland 24 hour free phone Domestic Violence Helpline, open to anyone aVected by domestic violence. 2005–06 25 Specialist Domestic Violence Courts were announced to be established and operating by the end of 2005–06. 2005–06 100 Independent Domestic Violence Advisors trained with over 70 trained in 2006–07.

250 2003–06 Gender Equality PSA: By 2006, working with all departments, to bring about measurable improvements in equality across a range of indicators, as part of the Government’s objectives on equality and social inclusion. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2005 Tackling Violence At Home strategy for domestic violence and abuse, Northern Ireland. 2006 There are over 400 refuges in the UK. 2005–06 Consultation on the creation of a specific oVence for Forced Marriage took place and the responses have been published. 2006–08 Gender Equality PSA.251 2006–07 First national conference for Domestic Violence Co-ordinators held. 2006–07 Progress Report on the National Delivery Plan published. 2006–07 Homicide Review guidance published for consultation. 2006–07 Publication of health professionals’ domestic violence handbook. 2006–07 Development and funding of more Sexual Assault Referral Centres. 2006–07 Funding of Independent Domestic Violence Advisors and Independent Sexual Violence Advisors. 2006–07 Selection of further Specialist Domestic Violence Court systems bringing the total supported by the national Programme to 64. 2006 Northern Ireland joined the corporate Alliance Against Domestic Violence. 2006 Publication and distribution of a workplace Guidance on Domestic Violence to Northern Ireland employers. March 2006 Public Prosecution Service for Northern Ireland (PPS) launched its policy on Prosecution cases of domestic violence. 2006–07 Pilot MARAC in the Antrim area, Northern Ireland continuing following an evaluation. 2007–08 Support given to over 100 areas to enable the MARAC model to be rolled out. 2007–08 Pilot of sanctuary scheme in the Ballymena/Antrim area, Northern Ireland. 5 October 2007

APPENDIX 38

Memorandum submitted by the Mayor of London

1. Executive Summary 1.1 The Mayor of London welcomes the opportunity to respond to the Home AVairs Select Committee’s inquiry into domestic violence and believed that the inquiry is much needed. This submission highlights some of the key issues the Mayor would like to see the Committee address. 1.2 The Mayor’s Domestic Violence Strategy has contributed greatly to London’s significant achievements in the domestic violence sector, through his strategic leadership during both terms in oYce. Key achievements have included: — A 57% reduction in the domestic violence murder rate; — Year-on-year reductions in serious assaults (classified as Grievous Bodily Harm or above); — An increase in arrests; — An increase in convictions; — The development of innovative approaches such as the development of services for Turkish speaking women; a fostering service for the dogs of women and children in temporary accommodation; a campaign aimed at encouraging men to speak out against domestic violence; initiatives which have widened the numbers of people who engage with domestic violence as an issue including hairdressers, black cab drivers, employers and faith leaders; — An increase in cross sector working and innovative partnerships such as between the drug and alcohol and domestic violence sectors and also mental health and domestic violence sectors. 1.3 The approach taken in London has been very eVective in reducing and preventing domestic violence, although there is still much more that can be done. Some of the key factors leading to London’s success include the following: — Political commitment at a regional and local level; — Sustained funding for implementation; — Partnership working at every level from senior management to front-line; — Prioritising victim safety as the over-riding principle at each and every stage; — Ensuring the expertise and experience of the voluntary sector is central to the design, planning and reviewing processes;

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— Focusing on the provision of holistic services at a local level so that interventions encompass all relevant agencies rather than principally those of the criminal justice system; — Establishing transparent mechanisms for regularly scrutinising progress at both a local and regional level; — Engaging with new sectors and agencies to develop domestic violence work. This includes black cab drivers, hairdressers, faith leaders and employers; — Raising public awareness in imaginative and creative ways including annual exhibitions at City Hall, a poster campaign on the tube aimed at perpetrators instead of victims and producing materials for family members and friends of victims. 1.4 The Mayor attaches his most recent Domestic Violence Strategy for the Committee’s information. Progress against the Mayor’s current and previous London Domestic Violence Strategies are detailed within his Annual Reports published in 2002, 2003, 2004 and 2006 respectively. Copies of these annual reports can be found at www.london.gov.uk/mayor/strategies/dom—violence/reports.jsp. In addition the Mayor has also contributed to key government consultations including Guidance for Domestic Violence Homicide Reviews under the Domestic Violence, Crime and Victims Act 2004; Putting Children First: A Planner for Separating Parents and the Select Committee consultation Domestic Violence and Breach of a Protective Order Guidelines Consultation, all are available upon request.

2. Key Recommendations 2.1 To adopt a greater focus upon providing holistic services. The Mayor feels that the progress made by some of the criminal justice system agencies in recent years is being undermined by a lack of progress in other sectors, most notably health and education. The Mayor believes that at present the Government do not provide suYcient leadership and incentive to these sectors. 2.2 Despite the overall progress of the criminal justice system, the Mayor feels that there is still much work to be done in regard to the awareness and understanding of the judiciary, the Prison Service and in resourcing the Probation Service to provide eVective programmes. Performance management targets are needed which span across the whole of the CJS and not its individual component parts which frequently undermine one another. 2.3 Whilst the focus on the risk posed by domestic violence perpetrators is clearly right and necessary, the Mayor believes that it is insuYcient as a whole approach to the issue. There is an increasing tendency for services to victims to be restricted solely to the period when she is in danger from the abuser and more attention needs to be paid to supporting victims and their children to rebuild their lives after abuse. The Mayor feels that failing to do this can result in further future problems that could be avoided. 2.4 The Mayor recommends that longer term funding to aid the sustainability of the specialist voluntary sector is needed. In particular, he feels that the current short-term approach to funding for Independent Domestic Violence Advocates (IDVAs) is wholly untenable and is resulting in high levels of stress and staV turnover with subsequent impact on service delivery. 2.5 The Mayor is very concerned about the issue of women with no recourse to public funds, and urges the Committee to act to remedy the situation as a matter of urgency. Whilst it is not possible to accurately state the numbers aVected, there are some reassuring signs that the problem is not huge. For example, four of the most diverse boroughs in London report a joint total of approximately 100 women per annum. There are some practical steps that the Mayor feels could be put into place that could ease this problem considerably without enormous cost to government, which he would be happy to share with the Committee. 2.6 The Mayor would also like to draw the Committee’s attention to the complex issue of information sharing. He believes that it is an issue that continues to hinder eVective partnership work. Whilst the Home OYce guidance is a welcome start, he feels that more detailed work is still needed at a local level to place much more emphasis on safety.

Response to the specific areas of Inquiry

3. Specialist Domestic Violence Courts (SDVCs) 3.1 The further development of SDVCs is one of the Mayors key priorities within the London Domestic Violence Strategy and he welcomes this initiative, which has drawn in new partners to address domestic violence. 3.2 Notwithstanding this support, the Mayor does have the following concerns: — The development of SDVCs to date has been restricted to those areas that already have well developed responses to domestic violence. In many London Boroughs, the lack of commitment from a single agency has prevented the development of an SDVC. — The model championed by the Home OYce and accompanying funding requires only a single IDVA, which is insuYcient to cope with the associated workload. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Communication between Borough Criminal Justice Boards and other local domestic violence partnerships remains poor in many areas. — Sentencing options are limited by poor resourcing of IDAP. — Despite the development of SDVCs the most common sentence is a fine or a bind-over. This does not encourage victims to use the criminal justice system.

4. Public Education 4.1 In London the Metropolitan Police Service led an award winning public education and awareness raising campaign in 2005, focused on perpetrators of domestic violence with the slogan Your partners silence no longer protects you. Evaluation showed high recall rates amongst London’s population, particularly with BAME communities. The Mayor commends this approach of focusing on perpetrators instead of replicating abuser tactics of telling victims what to do which is the focus of so many public campaigns. 4.2 The Mayor also welcomes and supports the recent Home OYce Enough! campaign that focused on friends and family members and he would recommend the continued adoption of this approach as this remains the single most likely source of support for victims. 4.3 The Mayor would urge the Committee to consider more creative ways in which domestic violence information can be aimed at victims by engaging with the Corporate Alliance. For example, Alliance Pharmacy are willing to publicise sources of support via their outlets. The Mayor would also suggest that other potential targets could include mobile phone companies or sanitary protection products. However, additional resources to ensure phone-calls can be answered must accompany publicising the national domestic violence help-line.

5. Civil Justice Processes (Legal Aid) 5.1 The Mayor has serious concerns that victims face an ever-increasing diYculty in accessing both solicitors and legal aid, which is restricting their access to protective measures. 5.2 For those victims who do not qualify for legal aid, the costs of civil protection can be prohibitive. There is no reason why these costs could not be significantly curtailed through the development of a simplified process thus negating the need for a solicitor. This approach already works well in many areas of the US. 5.3 In addition, the Mayor would very much support the enactment of section 60 of the Family Law Act allowing third party applications for injunctions. 5.4 The Mayor would also urge the Committee to support the further roll out of integrated courts to deal with domestic violence cases. This approach, pioneered in the US and currently piloted in the London Borough of Croydon, is not only cost-eVective but reduces the trauma for victims through reduced court appearances.

6. Police Powers 6.1 Police powers have been strengthened considerably in recent years and the Mayor feels that these powers now aVord adequate provision to protect victims of domestic violence. The issue is not one of police powers but of implementation. The Mayor believes that it is still the case that the potential of “victimless” prosecutions is vastly under-utilised as a consequence of poor investigation and evidence gathering.

7. Support for Victims, including Finance and Refuge Services 7.1 Across the country there has been an emphasis placed on the provision of crisis intervention services, however the Mayor would urge the Committee to consider the need also for longer-term resettlement and post crisis support. There is a danger that provisions now are becoming too focussed on risk in the short term. 7.2 The Mayor would also urge the Committee to examine the available provision for children and young people exposed to domestic violence. Despite the inclusion of a specific outcome within Every Child Matters to identify and provide support to this group, this is not yet being fully translated into practice at a local level. The Mayor therefore would like to highlight the specific therapeutic groups for children and young people exposed to domestic violence now being provided in ten London boroughs and to which he is committed to ensuring are available across the capital. These are not only eVective in assisting children and young people to recover from the trauma of domestic violence, but are also cost-eVective. 7.3 The Mayor also feels that there is still often an assumption that perpetrator management should be done by the victim, especially within the realm of child protection where social workers often do not engage with the perpetrator at all. This is a dangerous and unrealistic expectation, which fails to recognise the risks Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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to victims associated with challenging perpetrators. In addition, shifting blame onto the victim leads to professionals failing to hold perpetrators properly to account for the abuse they commit and instead hold victims to account for failure to protect. 7.4 Specialist refuge services are increasingly being forced to merge with larger providers as local authority Supporting People Teams are refusing to engage with small providers. This is seriously threatening specialist provision which is increasing being delivered by generic providers. Ethnic specific refuges are disproportionately aVected by this trend. 7.5 The Mayor has pioneered the development of services for substance abusing women who also experience domestic violence. A few areas outside of London have begun to draw on this experience but it could be far more spread across the UK. 7.6 The issue of women with no recourse to public funds needs urgent attention. Whilst it is not possible to accurately state the numbers aVected, there are some reassuring signs that the problem is not huge. For example, four of the most diverse Boroughs in London report a joint total of approximately 100 women per annum. There are some practical steps that could be put into place that could ease this problem considerably without enormous cost to government, which the Mayor would be happy to share with the Committee. 7.7 The two key issues inhibiting victims from changing their situation are invariably housing and finances. The almost total absence of the financial institutions, including the Benefits Agency, from local domestic violence partnerships is thus of concern. 7.8 The Mayor has led on the London wide roll out of Sanctuary schemes. Whilst this is a welcome initiative, it is important that these initiatives are regulated and monitored to ensure that they reflect the appropriate level of risk management and advocacy to ensure that victims are not placed at risk.

8. Perpetrator Programmes 8.1 The Mayor is gravely concerned at the extremely limited availability of perpetrator programmes in the capital. Those placed on programmes are often placed on waiting lists and are then unable to access an appropriate programme. This must be an area of work reviewed by the Committee as it not only forms one of the range of options available to the courts but also as a longer-term preventative measure. 8.2 The Mayor also believes that there is a lack of consistency within Social Care services to deal eVectively with perpetrators. Most frequently they are ignored altogether. In particular, the referral routes to community based perpetrators programmes are often patchy and inconsistent. 8.3 Caring Dads is a multi-agency project, which provides parenting support specifically to domestic violence oVenders. It was developed because traditionally, parenting programmes are designed to educate parents in control and disciplining techniques, which are evidently not skills needed by abusers. It aims to help fathers improve their relationship with their children and end controlling, abusive and neglectful behaviours. More such programmes should be available especially as add-ons to ASBOs where relevant. 8.4 The eVectiveness of community orders needs to be evaluated. There is evidence in London to show that because the waiting list for IDAP is lengthy, perpetrators’ Community Orders expire before they access the course. As a result some perpetrators do not fulfil the intended sentence. 8.5 The Mayor is also concerned that while London is a multicultural and diverse city, perpetrator programmes oVer no provision for those people whose first language is not English. This has led to inequalities in access to help.

9. Multi-agency Approaches, and what Barriers Exist to their Effective Operation 9.1 Whilst the Mayor supports partnership working, there is rarely an acknowledgement that this is often adiYcult and problematic style of working with the very real potential to result in replication of the very same power diVerentials and dynamics that domestic violence initiatives seek to address. One such example is the current debate over information sharing where the position of some statutory agencies is that voluntary sector agencies should disclose information to them but not the other way around. Attempts to focus on victim safety are brushed aside in the eagerness to bring more oVenders to justice so the debate focuses on whether information sharing is possible rather than whether it is appropriate and safe. 9.2 EVective partnership work relies on good information flow and on nurturing relationships. In areas such as London that have high turnover of staV, the co-ordination of such work is time-consuming and requires specific resources separate from the running costs of any such initiative (eg Multi Agency Risk Assessment Conferences MARACs). 9.3 Incompatible data systems across the criminal justice system leads to duplication and in some cases acts a barrier to eVective information sharing between partners. In particular, in a domestic violence case it is not unusual for the investigating oYcer to have to input information into three diVerent systems in order to record a domestic violence case. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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10. Key Barriers to Further Progress 10.1 The Mayor is concerned by a lack of consistent engagement by the health sector. Even where there is involvement, it is overwhelmingly staV from child protection rather than the many other parts of the health service, who see victims of domestic violence. Moreover, involvement is still restricted to champions rather then being organisational commitment leading to systemic changes. This means work falls apart each time a champion moves on. 10.2 A key barrier for greater involvement is the lack of a national health performance target which could be met through work on domestic violence. 10.3 The Mayor also feels that the education sector needs to be much more involved in preventative work. It cannot be right that as a society we only improve on our ability to pick up the pieces after domestic violence has occurred. Evaluation reports of work in schools shows extremely positive outcomes beyond simply increasing knowledge of domestic violence. These include engagement of disruptive teenage boys, decreased bullying and improved classroom behaviour. These outcomes should be being championed by the DCSF to encourage further engagement of more schools. 10.4 The gender blind approach, far from including male victims has the opposite eVect of obscuring their specific needs. For example, there are frequent calls for male refuges in the assumption that this will provide parity despite the evidence252 that male victims have no need of such a service 10.5 While the Mayor welcomes the inclusion of forced marriage into the Government’s definition of domestic violence, the fact remains that the overwhelming majority of victims of forced marriage are under 18. This means that interventions are spread across both the domestic violence and child protection system stretching an already tiny sector to breaking point. 10.6 Finally, in relation to “honour” crimes, The Mayor very much supports the progress being made nationally around the issue. However there is a growing tendency to separate out this work from “mainstream” domestic violence work, which has led to an unhelpful marginalisation of the issues from the existing infrastructures. 10 October 2007

APPENDIX 39

Memorandum submitted by the Family Justice Council

Introduction The Family Justice Council (FJC) is an advisory non-statutory Non-Departmental Public Body sponsored by the Ministry of Justice. It is responsible for advising Government on the operation of the family justice system and for making proposals for reform and improvement. The FJC is chaired by Sir Mark Potter, the President of the Family Division. It is an inter-disciplinary body with representatives of all the key professions that work in the family justice system including doctors, social workers, cafcass oYcers, family judges, family lawyers, police and oYcials from relevant Government departments and agencies.

Executive Summary The FJC submits that: —aneVective strategy to combat DV requires leadership at ministerial and senior judicial level and Government commitment to appropriate levels of funding; — more finding of fact hearings are required in child contact cases where there is a history of DV; — more supervised contact centres are needed; — urgent legislative action is needed to enable cafcass to routinely carry out CRB checks in all private law cases; — the criminalisation of breaches of DV injunctions has been a retrograde step; — a properly funded public information and media campaign on DV is required; — DV awareness and respect in relationships should be made available under the personal development strand of the national curriculum to all children in secondary education, and; — DV awareness should be included in all relevant degree level and professional qualifications and training (eg in social work, law and medicine).

252 The Dyn Project: Supporting Men Experiencing Domestic Abuse Robinson and Rowlands, CardiV University (2006). Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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1. Enormous advances have been made since 1997 in tackling the issue of domestic violence (DV) in England and Wales. A major factor in this has been the joined up approach of the Interministerial Domestic Violence Group. This has led to new legislation and good practice protocols and the dissemination throughout England and Wales of previously isolated areas of good practice and the development of a multi- agency and cross-departmental strategy. The Family Justice Council (FJC) believes the task for the next decade will be to update and monitor the eVectiveness of the relevant legislation and protocols and to encourage Government to continue to give priority to the funding that is needed. National strategies require coordination and leadership at ministerial and senior judicial level. 2. New legislation has come into being including the Domestic Violence and Witnesses Act 2004, the Female Genital Mutilation Act 2003 and most recently the Forced Marriage (Civil Remedies) Act 2007. All three give a clear message that DV in all its forms is no longer acceptable in this jurisdiction and that the perpetrators will increasingly be brought to justice and victims protected. 3. The Family Justice Council has made DV one of its principal strands of work. In 2007 the Council contributed to the funding and development, (in partnership with the Ministry of Justice and the Family Law Bar Association (FLBA)), a DVD which explains to victims of DV the court civil and family court process they will go through and eases their fears of it. 4. The FJC believes that the issue of court fees payable by victims of DV, either in respect of injunctive proceedings or issues relating to children, requires consideration so that victims are not deterred from access to justice due to not being able to finance the proceedings. Access to legal aid is an increasing issue—it is very diYcult, if not impossible, for a litigant in person to prepare for and conduct a lengthy “finding of fact” hearing (see page 18 NIAP) In 2006 HMICA conducted an inquiry into the response of the Courts Service and CAFCASS to DV. The final report was highly critical, see http://www.hmica.gov.uk/files/HMICA Domestic violence linked1.pdf 5. As part of its response to this report the FJC recommended to the 40 local family justice councils that they held multi-agency training day on DV awareness and produced a training pack to assist them in this. A quarterly newsletter produced with the Ministry of Justice, as an update on recent developments in the field of DV is distributed to its members and all 40 local family justice councils—to cascade relevant information across the family justice system. This information is also placed on the FJC website. The Chair of the FJC Domestic Violence Working Group, District Judge Mornington, sits on a number of national and international bodies, including the ACPO DV and Honour Based Violence (HBV) groups, in order to link and coordinate the response of the criminal and family justice systems and to share experience with other jurisdictions (her speech given in Pakistan in April 2007 is at annex 1). 6. Further to a report by Wall, LJ of Feb 2006 to the President of the Family Division commenting on the Women’s Aid Federation of England paper 29 Child Homicides: Lessons still to be learnt on Domestic Violence and Child Protection, the FJC produced Everybody’s Business. The President had asked the FJC to make recommendations on how the courts should respond to applications for contact by consent in cases involving a history of DV. The FJC oVers it for the consideration of the Select Committee (www.familyjusticecouncil.org.uk/docs/reportoncontact.pdf). See also (at annex 2) a paper by Lord Justice Wall given to the Hertfordshire Family Forum at the Law Faculty of the University of St Albans, 13 March 2007. 7. A Practice Direction is currently being drafted for the future guidance of the courts on child contact and DV. A cultural change is required, with a move away from “contact is always the appropriate way forward” to “contact that is safe and positive for the child is always the appropriate way forward”. This will not be an easy task and the FJC believes continued multi-agency training, supported by a public information campaign will be vital to eVect change. 8. In order to improve the handling of domestic violence cases involving issues of child contact and residence by the courts the FJC considers that the following matters require urgent attention: — CAFCASS needs suYcient funding—the resultant under-staYng means that reports are now taking between 14–26 weeks in many areas. — Funding for more specialist judges to reduce inordinate delay and ensure that “finding of fact” hearings are held in appropriate cases. — More contact centres and, in particular, supervised contact centres are needed; most courts have no local supervised centre. — Services for risk assessment need to be developed and funded nationwide—capacity could be increased by contracting with Barnardos and the NSPCC, or other appropriate bodies, to conduct assessments. Social Services and CAFCASS often lack the resources to provide the service needed. — A directory of national and local DV services needs to be produced, and regularly updated, for use by the courts and practitioners — Urgent legislative change to allow for the sharing of personal information in the context of DV for practitioners who work directly with victims, or who are involved in the assessment of risk, so that CAFCASS can screen all Children Act cases by obtaining the criminal and social services information on the parties. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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9. The FJC has concerns as to the eVectiveness of the criminalisation of breaches of non-molestation orders introduced under s1 of the Domestic Violence, Crime and Victims Act 2004. Feedback from the Local Family Justice Councils and from judges handling domestic violence cases, day in and day out, in county courts up and down the country suggests that criminalisation has been a retrograde step which provides a less eVective remedy to victims of domestic violence. The 2004 Act has removed the power of the family courts to attach a power of arrest to non-molestation orders and it is now for the police, and the CPS, to decide whether to prosecute for breach of a non-molestation order. This has, eVectively, removed from the family courts the power to punish breaches quickly. Feedback from the Local Family Justice Councils also suggests that in many areas the police deal with breaches by issuing cautions and do not give this work the level of priority that the judiciary, and others in the family justice system, would like to see. The FJC is firmly of the view that it is not appropriate to deal with a breach of a non-molestation order by a caution save in exceptional circumstances. The FJC also note that in many areas the criminal courts are not able to deal with these cases as quickly as the family courts were able to deal with them before the 2004 Act came into force and that, consequently, victims must now wait longer for the protection that they need. The FJC would invite this Committee to look at the training that the police have received on dealing with breaches of non- molestation orders and to examine whether it is adequate to the task. 10. The ACPO Domestic Violence Group has developed and continues to update national training and good practice protocols for the police including MARACS. HMICA are making regular inspections to ensure they are being implemented but there are still worrying lacunas. FJC would recommend that this Committee considers the HMICA reports and hears oral evidence from them. ACPO has initiated a policy on police oYcers who are perpetrators of DV—this should be considered for extension to other professions as part of work place policies. In conjunction with the President of the Family Division, and the Ministry of Justice, ACPO has developed a national information sharing protocol between the police and the family and civil courts. The Committee may wish to consider whether more can be done in this direction. 11. Specialist Domestic Violence Courts are being initiated nationwide. Whilst these are to be welcomed the FJC considers it essential that funding is secured so that the magistrates and justices’ clerks who sit in such courts and the other relevant practitioners, including probation oYcers and lawyers, all receive regular, updated and suYcient training. This has not always been the case. Two hours’ training is not adequate for the task. DV aVects so many cases coming before the magistrates and other courts including those dealing with youth crime, drugs, prostitution, debt, children and family work. For this reason all magistrates, judges and practitioners dealing with these cases require regular training—not just those sitting in the specialist courts. This Committee may wish to consider the case for requiring lawyers, and other practitioners, to have compulsory accredited training before they are allowed to deal with DV cases. In NI all court staV receive DV training at induction which should be extended nationwide. It has come to the attention of FJC that many social workers are still not receiving any, or adequate, DV training which endangers lives—including those of children. DV appears as a major factor in approximately 50% of children cases referred to social services. In the case of s 31 applications (as opposed to referrals to social services) evidence indicates some 45% of cases also contain evidence of domestic violence (ie male violence)—a further 21% contained evidence of other violence. 12. Recent changes which mean that cases will, in future, be prosecuted by unqualified CPS staV instead of specialist CPS lawyers has to be regarded as a major set back to the eVectiveness of the criminal courts. The defence and family lawyers also need to be trained, and properly qualified, and have suYcient time and experience to prepare cases. The Carter proposals on legal services funding, which have been severely criticised by many including the FJC, see (www.familyjusticecouncil.org.uk/docs/061004 response to LSC Consultation.pdf), will have an adverse eVect on DV cases at all levels of courts criminal, civil and family. 13. Witness protection measures are in place to ensure that victims feel safe to access the criminal courts and that conviction rates are, therefore, increased. These will be enhanced by the new victim advocacy schemes. The Ministry of Justice has sent out advice to all civil and family courts on giving similar protection to victims and witnesses attending court. However, reports are being received that in certain areas such protection is sketchy and monitoring and enforcement is necessary. Despite a number of protocols there is still an issue of failure to keep victims informed of the progress of criminal cases. It is unfortunate that the much heralded appointment of a Commissioner for Victims did not, for reasons as yet unclear, and which this Committee may wish to investigate, take place. The Commissioner and the powers he/she would have had would have been a powerful tool for the better protection of DV and other victims going through the criminal justice system. 14. The Raising the Standards (RTS) Inter-jurisdictional Group (covering England, Wales, Scotland, Northern Ireland, the Republic of Ireland, Isle of Man and the Channel Islands) meet quarterly to exchange information on best practice and new initiatives and legislation and to develop new joint strategies. Regular links are also made with EU countries and internationally—their experience is of great value. 15. The Northern Ireland Action Plan (NIAP) Tackling Violence at Home (,www.nio.gov.uk/ tackling violence at home-action plan oct 2005-mar 2007.pdf) distributed through RTS, is recommended for consideration by this Committee. They are developing guidelines for all NI political representatives and providing a range of information and publicity materials to all constituency oYces. Consideration should be given to extending this useful initiative throughout the UK. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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16. National media campaigns are an acknowledged tool in the battle against DV. On their own initiative, and through partnerships developed through RTS, Scotland, Northern Ireland, the Channel Islands and the Republic of Ireland have long been developing and funding such campaigns. Materials have been generously shared between jurisdictions. Joint campaigns have taken place between NI and the Republic. Regular DV awareness weeks take place. England has, to date, failed to have a similar national, well funded media strategy. Funding may well have hitherto been the stumbling block. The FJC believes that this is a matter which now requires action and a long term strategy. What is needed is a change of culture. Consideration should be given to a public information programme of video reaching the courts, hospitals, GP surgeries, housing and social security oYces and, in the case of forced marriage, airports. 17. Work place strategies are being developed through the Corporate Alliance Against Domestic Violence. In October 2007 RTS is holding an International Conference in Guernsey on the theme of The Cost to Business and Society of Domestic Violence. These strategies need further development and funding and extension to small businesses in partnership with the trade unions. 18. Multi-faith DV guidance for faith leaders and communities has been developed in Northern Ireland. The Department for Communities and Local government together with a number of other departments, agencies and community groups is currently working on the development of such a guide for Muslims. If such guides are to be developed, it would be vital for them to be extended to other faiths as a matter of priority. Such guides can be important tools for practitioners and courts and can make a valuable contribution to tackling honour based violence and Forced Marriage. 19. NI is currently developing a leaflet specifically for children on issues of DV and the law. The FJC recommends that consideration be given to developing such a tool for English and Welsh child victims to which the FJC would be happy to contribute. 20. The FJC believes that children and young people should, as part of the national curriculum under the personal development strand, receive awareness training in DV and respect in relationships. Designated teachers in each school should receive awareness training and there should be specific guidelines for school staV dealing with DV in all its forms—including information that may be required of them by the courts. In higher and professional education, DV should be covered in all degrees relevant to those professions which work in the family and criminal justice systems. This would include law, medicine and social work degrees. As in NI, there needs to be national coordination of training strategies. Consideration should be given to the setting up of a National Delivery Group for children aVected by DV akin to the Scottish model. The FJC would recommend that the Watch over Me information resources for schools funded by the Cabinet OYce and DFES be made part of a national programme for all schools as these cover DV, Forced Marriage. HBV, gun and knife crime, drugs and bullying. Funding should be provided, as in Scotland, for child workers in every refuge. The FJC believes that prevention of DV through education is essential and if the Government is serious about tackling the root causes of DV the necessary funding must be found. 21. The FJC considers that the value of DV homicide reviews in relation to their expense needs to be monitored. The FJC supports the view taken by ACPO in their letter to the Home OYce DV Unit of 3 September 2007 (annex 3). Guidance should also be produced and disseminated as to the role of the judiciary, subject to the agreement of the President of the Family Division, and to other professionals, who may be involved in them. 22. The value of perpetrators’ programmes in relation to their cost and to other needs for funding (such as children’s’ play workers in refuges) should be kept under review. Wales and the Republic of Ireland are developing perpetrators programmes for use by the civil and family courts. In England, perpetrators programmes are available to the family courts in only a few areas (such as the DVIP in London). This is causing huge problems for courts which have carried out a “finding of fact” hearing and then need to see if the perpetrator is capable of changing attitude and behaviour in accordance with the guidance laid down by the Court of Appeal in the case of Re L [2000] 2 FLR 334. If such programmes have a proven success rate in the criminal justice system a national programme for referral by the family courts needs to be urgently evaluated and costed. At present perpetrators have to be referred to psychologists or psychiatrists at great expense to the legal aid fund and the quality of the reports provided can be variable due to a lack of specialisation and suYcient experience in dealing with DV perpetrators. The Children and Adoption Act 2006 will allow courts to direct a party to proceedings to take part in a perpetrator programme. See S.11A(5)(a)(ii). The Act had a published Impact Assessment. Early enactment of the Act would allow this process to begin, 23. Screening programmes have been developed and rolled out nationally in ante-natal and gynaecological clinics and are now being extended to A and E departments. The national advisor to the Health Service in 2006 developed national policy and best practice guidelines on DV for the health service. The CDNA in conjunction with ACPO produced best practice guides for nursing and Elder Abuse. Domestic Violence and Elder Abuse has been added to the medical school curriculum. It continues to be felt by many in the field that General Practitioners are lagging behind in awareness and practice in relation to DV and this requires urgent attention. 24. The FJC Diversity Committee will be making a separate submission in relation to Forced Marriage and Honour Based Violence. October 2007 Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Annex 1

DOMESTIC VIOLENCE AND HONOUR BASED CRIME—JOINED UP GOVERNANCE AND AN ISLAMIC APPROACH

In the name of Allah the most merciful, the most beneficent

1. Introduction

The aim of this talk is firstly to carry out a detailed analysis of the UK Labour Government’s policy from 1997 to date in respect of domestic violence (DV). The work will seek to show how factors such as ideology, the shape of the UK’s socio-economic environment, and the change in attitudes which has taken place globally in respect of the role of the state in preventing violence in the home, has resulted in the rising prominence of DV as a significant political issue, and one which the current government has, with varying degrees of success, sought to make a real eVort in tackling, “We have invested an extra £70 million to tackle domestic violence, and on the latest figures that we have, domestic homicides are down, the number of guilty pleas is up significantly, and convictions at court have quadrupled. One of the reasons why that is happening is that there is far greater co-operation across the agencies and a far greater willingness in our court system and among the police to take domestic violence far more seriously”. (Blair, PMQ’s, 2006—http:// www.theyworkforyou.com/debates/, 20 December 2006) After briefly introducing the key concepts that form the basis of the essay, I will look at why there have been significant diVerences in policy with previous governments, before then going onto analyse a series of policy initiatives observed since 1997. I will argue that the concept of joined-up government (JUG) has taken up a central role within the implementation and structure of the Labour government’s DV policy. Although DV policy has involved numerous actors, I have chosen to concentrate on the key governmental and non- governmental actors, which I consider to have been most utilised and co-ordinated in order to produce new policy ideas, and then implement those initiatives eVectively. Whilst I acknowledge from the start that the government has not always been successful in achieving its aims, I will argue throughout, that the situation for DV victims and their children is now markedly better now than it was and JUG has proved to be an invaluable component in bringing about improvement. For the purposes of this essay, I will make use of the Home OYce’s definition of DV as, “Any incident of threatening behaviour, violence or abuse between adults who are or have been in a relationship together, or between family members, regardless of gender or sexuality.”(http://www.homeoYce.gov.uk/crime- victims/reducing-crime/domestic-violence/?version%1, accessed on 24 December 2006) Whilst DV clearly aVects both genders, it is proven by all respected studies world wide that women are more likely to be victims, and that the violence they suVer is of a far greater intensity and repetition (World Health Organization 2005), and the analysis will reflect this. In regards to defining JUG, I feel it is important to note that due to the increasing involvement of NGO’s and voluntary organisations in defining and implementing government policy, I therefore acknowledge that the issue is becoming a key example of joined-up governance rather than government. In respect of this work I do not wish to detract from the key issues involved and get tied up in a debate on definitions however. Whilst it is of course important to recognise the diVerences between governance and government, I feel strongly that the core principles of JUG have formed the cornerstone of DV policy under New Labour, and so I will utilise Pollitt’s definition, “‘Joined-up government’ is a phrase which denotes the aspiration to achieve horizontally and vertically co-ordinated thinking and action. Through this co-ordination it is hoped that a number of benefits can be achieved. First, situations in which diVerent policies undermine each other can be eliminated. Second, better use can be made of scare resources. Third, synergies may be created through the bringing together of diVerent key stakeholders in a particular policy field or network. Fourth, it becomes possible to oVer citizens seamless rather than fragmented access to a set of related services”. (Pollitt, 2003, 35) My second theme is that of the developing UK approach to Forced Marriage and Honour Based Crime. We acknowledge them both as forms of domestic violence but that they need a diVerent approach and understanding given their cultural context and that the victims’ needs and vulnerabilities may be diVerent. Many (but not all) of the victims of such crimes in the UK are of South Asian origin—victims of their cultural rather than religious backgrounds—their plight ignored and hidden by families and communities by the concept of “Shame” and by the authorities for fear of accusations of racism. I believe educating victims, families, communities and statutory bodies on the true tenets of Islam( and of other religions )provides the best way forward to protect and prevent such abuses and to nurture healthy families and societies. We are also looking to learn from countries (hence my presence in Pakistan) who have long been tackling such issues and to work in mutually beneficial partnerships with them. Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2. From Thatcherism to the “Third Way” I am in no respect attempting to argue that the Thatcher governments condoned DV in any way, but through the influence of New Right ideology, and an aim to solve many of the social and economic problems of 1970’s Britain through the restoration of “family values” founded upon a patriarchal society, Thatcherism as a political concept has been recognised as adopting an attitude that the family is “private”, an area in which the state should largely remain unobtrusive, “Thatcherism as a political project sought to reassert the importance of a strong nation and the patriarchal family. Both were significant in the construction of its electoral bloc, and helped to justify government indiVerence to the increased burden that the recession and government cuts in welfare services had inflicted on women.” (Gamble, 1994, 199) Through the use of highly divisive rhetoric, Thatcherism created an atmosphere within British society of “them” (ie the unemployed, ethnic minorities, single mothers etc), as compared to “us” (ie, the “hard working”, white, middle-class majority). Although in reality this attempt to restore a patriarchal society was largely non-existent in respect of firm policy, mainly due to the fact that the Thatcher government realised that the highly flexible and easily hired/fired labour which women oVered was essential as part of the move away from a manufacturing dominated economy. The often hostile attitude with which Thatcher appeared to regard some women such as single-mothers however, contributed significantly to the lack of a determined eVort to firstly recognise that DV was a major problem within society, before even attempting to develop any serious initiatives with which to deal with the issue. Any intrusion into family life was often viewed by the New Right as being part of the failings of the post-war social democratic consensus, “The growth of the welfare state and the increased intervention into family life have been paralleled by a growth in concern for the privacy of the home and for the rights of the private individual. This issue is raised in a particularly acute form in the problem of wife abuse.” (Pahl, 1985, 3) The fact that no new DV legislation was brought into eVect between 1979 and 2004 is testament to the lack of action taken by the Thatcher governments. The reasons behind this lay not only from the ideological influence, but also due to the economic reality in that one of the key aims of Thatcherism was to reduce public spending as part of a contested concept often labeled as the, “rolling back of the state”. (Gamble, 1994, 235) This cut in resources inevitably reduced the capacity of the state to deal with acknowledged problems such as the negative eVects of unemployment on society, never mind a relatively “unknown” policy area, which DV was at the time. This failure to recognise the far reaching costs of DV to society and the economy, is one of the key distinguishing features of the Thatcher and Blair governments, “The total cost of DV to services (Criminal Justice System, health, social services, housing, civil legal) amounts to £3.1 billion, while the loss to the economy is £2.7 billion. This amounts to over £5.7 billion a year”. (Walby, 2004, 1) Whilst the Thatcher and Major years produced little in the form of DV related policy, the same can not be said following the election of New Labour into power in 1997. There are several factors why Labour has taken up the issue under Blair, none more so than the presence of a significant number of female MP’s, with 101 elected into oYce in 1997, alongside a recognition of how vital it was for New Labour to appeal to women in order to achieve electoral success. The issue has also tied into many of the core principles of New Labour’s “Third Way” style of social democratic politics, combining sound economics with an aim to tackle the negative consequences of society, and rather than demonizing single-mothers for example, “The (Labour) government wanted women to take their place as ‘economic equals to men’ while still supporting them in their accustomed nurturing role. The government’s ultimate objective was to encourage as many single parents as possible to enter the labour market”. (Fielding, 2003, 200) As Pollitt (2003) notes, the concept of JUG is not a new one, as is often portrayed by New Labour, and can be observed to varying degrees in every post-war government. JUG oVered New Labour not only a “catchy” term from which to promote an image of change and “modernisation” of the British state, but of much greater significance, JUG was a tool which would allow the government to improve public services, without risking the political dangers of increasing public spending too early after the election victory, “(JUG) could take forward the government’s agenda without requiring large increases in spending in the short term, or major structural re-organisation which might prove a distraction.” (Perri et al, 2002, 20) The degree to which significant changes had to be initiated within the DV issue is shown by the statistic that a victim “may go to 10 diVerent agencies before she eventually gets help” (Judicial Studies Board, 2004, 6), and so whilst Blair did not have DV specifically in mind when he promoted the idea of JUG, I would argue that it would be diYcult to find another area or issue in which the core objectives of JUG were so desperately required, “DV is a complex issue and is not something that one agency, acting in isolation, can resolve. It demands a multi-agency approach, where both statutory and voluntary agencies engage to meet the needs of the victim.” (ACPO, 2004, 2)

3. Inter-Ministerial Domestic Violence Group In 2002, as a result of consultation between myself and the Chancellor Gordon Brown, the Treasury brought about the revival of the dormant Inter-Ministerial Group on DV. This has become the main engine for bringing about change through JUG. The group is headed by Baroness Scotland of the Home OYce, and includes senior ministers from inter alia Health; DCA; ODPM (Housing [now Communities and Local Government (CLG) since May 2006) and Education. The group meets at a ministerial level at least quarterly Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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to co-ordinate and initiate new DV policy. Senior civil servants supporting the group meet more regularly to carry out the detailed work. Before this group came into being, there was little or no co-ordination or communication on DV issues between departments and diVerent parts of the country, resulting in a huge waste of resources, lack of a spread of best practice, and the response for the victim becoming a “post code lottery”. By way of example, at one point, there were two separate groups in the Home OYce and one in the DCA, working on the issues of Data Protection and the sharing of information in DV cases, without even being aware of each others existence.

An extremely successful piece of JUG which could not have been contemplated in the Thatcher era, and which was not without its diYculties for government due to the competing interests of the two major DV charities, was the setting up and funding by government of a national DV helpline (2003), a project run jointly by Women’s Aid and Refuge. Another example of the role which JUG has played within the group has been the creation in 2005, of a joint specialist unit in partnership between the Home OYce and the Foreign OYce, to create the highly eVective Forced Marriage Unit. It is very unlikely that any of the initiatives to be set-out below would have taken place without the authority behind the Inter-Ministerial DV group, together with the active support to it of both the Chancellor and PM.

Figure 3.1 below is a snapshot of many of the projects which have been brought about since 1997, and although I will not discuss them all within this essay, I still feel the table still provides a valuable picture of how vital JUG has been to the Labour government’s policy on DV:

Figure 3.1

AN OVERVIEW OF DOMESTIC VIOLENCE PROJECTS

Project Initiatives/Area Research/Monitoring Aims/Objectives Body Criminal and Civil — Intimidated witness Criminal Policy — To decrease police Justice support service Research Unit, and CPS (Brighton) South Bank discontinuance — “Standing University, London levels and increase Together”: Making the number of the Law work for individuals women prosecuted and — Co-ordinated convicted Community — Increase the number Responses of initial reports and decrease repeat victimisations — Raising Awareness and training of police and magistrates Protection and — Use of Cameras and Criminal Policy — To reduce repeat Intervention Development of a Research Unit, victimisations and Multi-Agency South Bank the fear of reporting Database University, London — Enable women to (Thurrock) stay in their homes — Alarm Systems and provide an (Wales) improved and more integrated service to those experiencing violence BME — Reducing DV University of East — To raise Awareness Project London in Asian and other (Birmingham) BME communities — Victim Advocacy — Reduce levels of and Safety violence and repeat Counselling (Tower victimisation Hamlets) — Increase eYciency & — DV Advocacy protection through Service (Croydon) use of culturally sensitive services Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Project Initiatives/Area Research/Monitoring Aims/Objectives Body Health — Early Intervention Faculty of Health & — To reduce repeat Project (North Social Care, South victimisations Devon) Bank University, — Improve — Enhanced Evidence London Partnership Gathering Scheme Working (Salford) — Raise awareness — DV Programme amongst health (Birmingham) professionals — Primary Care — Encourage safe Project (Wakefield) disclosures in health settings, improve access to support — Improve training & awareness, recording & monitoring — Developing information sharing protocols Multi-Service — “Staying Put” School for Policy — To increase initial (Bradford) Studies, University reporting — Safety Net of Bristol — Reduce repeat (Camden) victimisation — Multi-Agency DV — Increase women’s Project (Cheshire) self-esteem — Sunflower Centre — Develop multi- (Northampton) agency working — Tools for — Increase women’s Practitioners safety through (SuVolk) screening — Help lines and legal support Education & Awareness — Violence Against Canterbury Christ — Raise Awareness Women Project Church University — Changes Attitudes (Bridgend) College — Educate children — NSPCC Patchwork and professionals Initiative (North and challenge Yorkshire) existing attitudes — STAR project through curriculum () delivery, media — Respect Initiative campaigns, drama (Thurrock) & websites. Source: Home OYce Website, “Tackling Domestic Violence: EVective Interventions & Approaches http://www.homeoYce.gov.uk/rds/pdfs05/hors290.pdf, accessed on 20 December 2006)

4. Police and the Criminal Justice System Up until 1997, there was no national police policy or training in respect of DV, and little or no acknowledgement of its seriousness as an oVence. The only relationship between the police, other government agencies and NGO’s, was that of mutual distrust, the NGO’s being regarded as dangerous feminist lead organisations, hell-bent on destroying the “family”, and the NGO’s regarding the Criminal Justice System, and other governmental agencies, as being upholders of a patriarchal society which endangered women and their children. The changes within the police commenced rapidly from 1997 onwards, and were tied up to the alterations in attitudes to hate and race crime. Pockets of excellence developed throughout the UK, in particular in the Metropolitan Police’s Hate Crime Unit, which was significantly also responding to the Lawrence Enquiry. (1999) A Met led project named “Adhikhar International” in 2000, brought together for the first time in true partnership NGO’s, Criminal Agencies and the Judiciary to initiate national policy changes. The new Labour government had within it, female ministers such as Harriet Harman (now Minister of State in the Department for Constitutional AVairs), who had campaigned for DV victims from a grass roots level throughout their political careers, and were now in a position to provide government support and also seek funding in order to eVect change. A further factor was the advent of the OYce of the Mayor of London, Processed: 04-06-2008 23:26:11 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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and the election of Ken Livingstone, himself a lifelong campaigner on issues of DV. He appointed and funded renowned NGO leaders in the field such as Anni Marjoram, to bring about joined-up change within the capital, the good practice of which spread nationwide. By way of example, the Mayor’s DV newsletter has in eVect, become the national means of sharing current best practice and information, “The Mayor published the London DV Strategy in November 2001. It is the first citywide strategy to coordinate the work of organisations dealing with the problem of DV”. (http://www.london.gov.uk/view–press—release.jsp?releaseid%1046, 24 December 2006) Arising directly from the Adhikhar project, the government supported and funded the “Raising the Standards” (DCA, 2003) inter-governmental initiative (which I Chair) from 2000 to date, whereby the governmental agencies and NGO’s of England, Wales, Scotland, Northern Ireland, the Channel Islands and the Isle of Man, meet regularly to share and develop justice and other policy initiatives throughout the British Isles, with one of the published terms of reference being the, “Identifying and sharing what is considered to be best practice in relation to all aspects of dealing with victims and perpetrators of DV including strategies leading to the prevention of future incidents”. (DCA, 2006, 2) Adikhar carried out a nationwide 24 hour snapshot of reported DV incidents, providing for the first time a database of the extent of the issue, and discovered for example, “An average of 3% of all calls to the police for assistance are for DV. This equates to over 570,000 each year”. (Hall, 2004, 7) In the newly proactive climate, the Association of Chief Police OYcers (ACPO), under its then lead, ACC Jim Gamble, developed between 2002–06, the full partnership of NGO’s and government, agreement over national standards and training programmes for all police oYcers, a policy on the disciplining of police oYcers who were themselves perpetrators (annex 1), and a protocol between the police and the Civil courts for the exchange of information on perpetrators. Her Majesty’s Inspectorate of Constabulary (HMIC) followed this up with a year long thematic inspection report on all 43 forces, with the recommendations being continually monitored. The Crime Prosecution Service (CPS) in conjunction with ACPO and other agencies developed a national proactive policy on the prosecution of DV oVences, with specialist training for all prosecutors, and 43 specialist oYcers. Partnership between heads of ACPO and the CPS was the foundation of the DV and Witnesses Act 2004, which was personally initiated by the Prime Minister and taken forward by Harriet Harman, through which the government consulted nationally, including the Lord Chancellor’s multi-agency DV Advisory Board. As a good example of JUG in action, in every case were police are called to an incident of DV regardless of the outcome, if children are present in the home, a report is automatically made to social services. (APCO, 2004) Judicial training, non-existent pre-1997 at all levels in this area, has been and continues to be expanded and improved. Most recently in December 2006, the Family Justice Council, (of which I am a member together with Chairing its Domestic Violence Steering Group) in response to Lord Justice Wall’s report into the Women’s Aid investigation into a growing number of deaths during contact, made far reaching proposals for change within the Family Justice System, including enhanced multi-agency awareness training for all participants in the system.( summary Annex 2) A national programme for training in DV awareness for all 100,000 plus lay magistrates is being rolled out nationwide by 43 nationally trained specialist advisors. As part of the 2004 DV Act, multi-agency homicide reviews including voluntary organisations, the police and social services and previously piloted by the Metropolitan Police, will be rolled out nationwide to investigate and learn from the causes of the current grim statistic that, “Two women are dying each week and one man almost every other week”. (Hall, 2004, 6) The partnership between the DCA, Home OYce, CPS, Probation Service, Judiciary and NGO’s, has lead to the creation of nationwide multi-agency specialist DV Criminal Courts and the first integrated DV Court located in Croydon (based on the New York model and developed under advisance of the New York Court System), by which the same Judge deals with all aspects of a case; civil, family and criminal, operating a joined-up “one-stop shop”. In 2007 the government will be funding a national network of Victim Advocates who will support the victim throughout the court process and be his/her liaison with housing, health, education, counselling and all aspects of the court process. This support system is expected to lead to a dramatic reduction in retraction of victim’s statements, and vastly increase the rate of successful prosecutions, in stark contrast to the situation during the Thatcher era when, “Studies demonstrated the reluctance of both the police and the CPS to pursue the prosecution process in cases of domestic assault due to an unwillingness to ‘interfere’ between husband and wife”. (Barron, 1990, 28e) In the Family Justice System, the Family Justice Council DV steering group has initiated in 2006, a national multi-agency training programme on DV risk assessment and awareness, for all 43 local Family Justice Councils, and works in close partnership with ACPO, other government agencies and NGO’s, oVering advise to ministers in order to enhance the response of the family system to DV. We distribute, in conjunction with the DCA, a quarterly newsletter to the local justice councils and by their website, including all the latest news and information. I have just completed the development of a DVD, which will be distributed nationwide, to prepare and explain to victims the court process of injunctive relief and to act as training tool of best practice for practitioners and judiciary at all levels. This is funded and developed as a partnership between the FJC, DCA and the Family Law Bar Association and is particularly aimed to assist victims from ethnic minorities. It shows real judges, courts and women’s aid workers in action—with the voices of real survivors being heard. It was developed from a similar DVD made in Northern Ireland and distributed through the auspices of RTS- joined up governance in action this week! Processed: 04-06-2008 23:26:11 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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5. Health Prior to 1997, apart from a small number of isolated initiatives, there was no response within the health service to DV despite the fact that, “The cost to the NHS for DV related physical injuries is around £1.2 billion a year. Whilst the estimated cost of cases related to mental health is an additional £176 million”. (Walby, 2004, 1) Indeed Ann Keen MP (PPS to the Chancellor), told me of when she was a senior nurse at a London teaching hospital, and requested the development of a DV policy for the hospital, she was threatened with disciplinary action is she persisted. The government have now appointed a national DV advisor—to the NHS, and in 2006 published a series of early intervention training guidelines to be distributed and supported nationally. In 2004 DV was added to the curriculum for the training of all medical students and the Nurse’s Union CDNA in conjunction with the DCA and APCO have developed national best practice guide for health workers on the specialist DV issue of elder abuse. Through the “Raising the Standards” initiative and the work of the national health advisor—Christine Mann, a national screening programme for all pregnant women has been brought into eVect throughout the British Isles. Figure 5.1 shows how important the role of health workers is in identifying possible DV cases:

Figure 5.1

DOMESTIC VIOLENCE INCIDENTS IDENTIFIED

Agency DV Cases Identified Year 1 Year 2 Total across years 1 & 2 Health Visitors 12 (11% of those 24 (38% of those 36 (20% of those screened) screened) screened) Social Care Services: 11 34 45 Immediate Needs Team Source: Home OYce (2005) “Tackling Domestic Violence: EVective Interventions & Approaches, 33— http://www.homeoYce.gov.uk/rds/pdfs05/hors290.pdf accessed on 20 December 2006 Despite the full co-operation of nurses, psychiatrists and A&E staV, all bodies locally and nationally continue to experience diYculties in engaging General Practitioners in the multi-agency response to tackling DV, of particular importance as GP’s are often on the front line and first point of contact for the majority of people seeking assistance, “Normalising victimisation through failing to respond to the disclosures of DV, either because of an acceptance that this is normal within a relationship, or that violence is the outcome of non-compliance with patriarchy”. (Williamson, 2000, 184) The NHS through its specialist advisor has however been at the forefront of the particular current interest of the Inter-Ministerial Group in developing a corporate and work-place response to DV, with policies to assist employers to respond to staV who are victims. In the case of the health service, research carried out by the Corporate Alliance and the several Health Trusts has disclosed that, “Employees are themselves subject to domestic violence and so cost the service in terms of increased sickness absence, lost productivity and medical and psychiatric care. By raising awareness of the issue and implementing supportive policies, the NHS will be helping to reduce the number of DV cases and the costs to the service”. (NHS, 2006, http:// www.nhsemployers.org/practice/practice-222.cfm, accessed on 20 December 2006). In 2007 the “Raising the Standards” international conference will concentrate on the eVects of DV to industry, the conference being sponsored by major financial institutions. One of the primary reasons why we have been able to make advances in the response of all agencies to DV in the UK has been the acknowledgment—slow in coming—(led by renowned child psychiatrics such as Drs Danya Sturge and Clare Glazer from Great Ormond Street Children’s Hospital) of the dire eVects DV has on the development of children and the cost to society in terms of their health/housing costs,propensity to crime, failure to make future successful partnerships and inability to develop their educational economic potential. A £2 million project commenced in 2006 as a partnership between Liverpool and Manchester Universities and a major Merseyside teaching hospital to study the eVects over a five year period on the physical, educational and psychological development of children living in families where DV is present in comparison to a control group. The children are selected and studied from in utero and I am proud to be a board member and advisor to the project.

6. Housing/Education Government sponsored research, having disclosed the eVects of DV on childhood development and education and the necessity for early intervention, lead to the PM himself initiating a Cabinet OYce/DFES initiative taking the form of a “soap” opera DVD to be shown in schools with a full teaching support package, and is called “Watch Over Me”, dealing amongst other issues with DV and forced marriage. (I have copies with me to give away). Similarly the Treasury sponsored “Sure Start” (1998) pre-school scheme Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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identifies small children eVected by living in a home in which DV is a feature, and employs councillors and health workers to address their trauma. It has still proven diYcult due to pressures of the national curriculum and inevitable costs, in order to have “Watch Over Me” utilised nationally, and for DV awareness to become part of every schools personal development programme, and this is still an area in which a great deal of work is still required. One of the most staggering statistics I came across during research was that, “40% of all homeless women stated that DV was a contributor to their homelessness . . . and DV was found to be the single most quoted reason for becoming homeless”. (Hall, 2004, 7) Large amounts of government investment have also been made in partnership with the women’s organisations to upgrade existing refuge provision to provide on- suite accommodation, with the ability to also accommodate families with disabilities. A growing number of refuge places are now funded through the CLG department, including the recent “Safe Room” initiative (2006), however there continues to be a long running disagreement between the government and the entirety of the women’s associations over the funding of refuge places of those who constitute probably the most vulnerable group of DV victims, namely immigrant women who have not yet obtained the right to remain in the UK and therefore have “no recourse to public funds”.

7. DV Policy Dealing with BME Communities

On the issue of violence Islam directs people in the Qur’an. It states: “O ye who believe! Stand out firmly for justice, as witnesses to Allah, even against yourselves, your parents, or your kin, whether it is against rich or poor, for Allah can protect both. Follow not the lusts (of your hearts), lest you swerve, and if your distort or decline to do justice, verily Allah is well-acquainted with all that you do”1 Sura an Nisa 4:135 In recent years we in the UK have made the connection between Forced Marriage, Honour Crime and Domestic Violence and have reached out into the communities were these practices take place and commenced a process of bringing perpetrators to justice, supporting victims and most importantly, through education in all its forms, seek to change hearts and minds. In 2000 following an extensive consultation, the working group on Forced Marriage published “A Choice by Right”. The Government has since produced guidelines for Police, Social Services, education Professionals on tackling forced marriage and will preparing similar guidelines for health Professionals later this year. We have also commissioned international guidance for lawyers. My Government takes forced marriage very seriously. It is a form of domestic violence and an abuse of the human rights. Victims can suVer many forms of physical and emotional damage including being held unlawfully captive, assaulted and repeatedly raped. “I sobbed. ‘I will come back, but I can’t marry that man’. Don’t bother. In our eyes you’re dead.” “Shame”, Jasvinder Sanghera—2007. The UK Government sponsored a series of six nationwide multi-agency conferences, which I Chaired, between 2003–04 on the issues eVecting victims from the Asian community, with a government minister speaking at each. The strength of a joined-up response has been of particular value in this area, due to the sensitivity and barriers created by cultural, religious and race issues. ACPO has setup a specialist “honour” based violence working group, which is developing a co-ordinated national police response, and sponsoring research into, this increasingly recognised form of DV. The government, again through the Inter-Ministerial group, is using its now established procedures for multi-agency engagement in seeking to develop an eVective response, in particular utilising the auspices of the Women’s National Commission, to consult and engage with otherwise hard to reach Asian women’s organisations. Specialist BME refuge’s and out-reach services are being setup nationally and in conjunction with Derby University in 2006, developed a government sponsored mentoring scheme for victims of forced marriage. The British Council and the Foreign and Commonwealth OYce have undertaken an extensive three year programme to tackle Honour Crime in Sindh- including a World Conference, education and media programmes. Last week I was in Karachi with Her Majesty’s Inspector of Constabulary—Robin Field- Smith and a team of oYcers from South Yorkshire and the Metropolitan Police, as part of that ongoing work. Forced marriage is not solely a “Muslim” or “South Asian” problem. The Forced Marriage Unit (FMU) has dealt with cases from East Asia, Africa, the Middle East and Europe. Freely given consent is a prerequisite of Christian, Jewish, Hindu, Muslim and Sikh marriages. It aVects both young women and young men—around 15% of the cases the FMU deals with involve males. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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What help is there available for people at risk of forced marriage? If anyone fears they may be forced into marriage overseas, or know someone else who may be, the FMU can help. The sooner they know about the case, the more they can do to help. The FMU can be contacted by calling 020 7008 0230, 020 7008 0135 and 020 7008 8706 or e-mailing fmuwfco.gov.uk. All calls and e- mails will be dealt with on a confidential basis by skilled caseworkers fully aware of the cultural, social and emotional issues surrounding this abuse. As well as giving advice, our caseworkers can also take practical steps to intervene is we are asked to do so. For example, they can liaise with other authorities for young people in the UK to be made a ward of court and their passports confiscated to prevent them being taken and married overseas. If the young person has already been taken overseas, FCO consular staV can work with the local police and judiciary to try to help those at risk, and, in extreme cases, can mount a “rescue mission” to rescue and repatriate victims. Over the last four years, the Government has helped almost 1000 cases of forced marriage and has rescued and repatriated around 200 young people from overseas. However, many more cases are not reported and others are dealt with by other agencies. The minimum age for marriage entry clearance has been raised from 16 to 18. This is to give those who face forced marriage extra time in which to mature and resist familial pressure to enter a marriage that they do not want. In support of this an extra entry clearance oYcer has been established in Islamabad. This oYcer will help these reluctant spouses, as well as assisting those who have been abandoned in Pakistan by their partners, and who have a right to return to the UK. This increases our ability to support victims and stop further abuse in the wake of forced marriage. The Forced Marriage Unit also undertakes a great deal of publicity, outreach and awareness raising work to target communities. They speak at around 75 events each year across the UK. They also work closely with the media and have appeared in everything from Eastern Eye to Dear Deidre in The Sun. They have funded missdorthothy.com to provide a range of videos and online resources particularly aimed at young people. One of these videos is the “Someone to watch over me” soap, a copy of which has been distributed to every secondary school. They also acknowledge the work the community themselves are undertaking on this issue. For instance, a range of youth, women’s and race groups have been campaigning on this issue for many years, and it is usually women’s groups who organise awareness raising events to which we are invited. Faith groups too are playing a role—for example, there has been a conference of Imams in Tower Hamlets, the Sikh community in Walsall has held events, and the Muslim Parliament is very active. The Home OYce has also provided funding for a National Forced Marriage Steering Group bringing together partners from the voluntary sector, statutory agencies and central government. On 26 January 2005 the Home OYce and Foreign and Commonwealth OYce launched a new joint Forced Marriage Unit. The new unit is a one-stop shop to undertake policy, projects and give practical advice to people at risk of being forced into marriage. The Unit works closely with a wide range of community groups, women’s groups and NGOs in combating forced marriage. The UK Police initiatives have been led by the Metropolitan Police and I wish to pay credit here to Commander Steve Allen and Laura Richards of the Homicide Prevention unit and to Nazir Afzal of the Crown Prosecution Service for their dedication to the victims of murder in the name of so called honour. They have developed new and innovative ways of analysing, understanding, investigating and preventing honour based violence. Their work has informed Police training and best practice nationally particularly with regard to risk assessment and risk management. They have concluded that there is no typical case of Honour Based Violence (HBV). Honour Killings are “atypical” and they fall within the “umbrella” of honour crime and hbv. Many of these crimes are interlinked—being drivers for one another. — Domestic violence. — Forced marriage. — Acid attacks. — Dowry related crime. — Bride price. — Female genital mutilation. — Honour rape. — Customs like “swara”. — Female infanticide. — Blood feuds. Victims are often subject to psychological pressures that can lead to mental breakdown, self-harm and even suicide. We are not judging cultures we are judging murderers and those that shield them from justice. Most countries have signed up to Human Rights conventions and there has been a great deal of research and international co-operation on these issues yet we seem powerless to date to eVect change. We now understand the misguided concept of “Honour” that crime committed in its name is based in feudalism, lack Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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of education and denial of the fundamental human rights of women. We acknowledge that it is forbidden by all of the major religions and in particular Islam. I believe that change will only come when there is determined, assertive, consistent action by governments, faith leaders, judiciary, police, the media and educationalists. Abu Said Al Khudri narrates that he heard that Prophet (PBUH) say “Whosoever of you sees an evil action, let him change it with his hand; and if he is not able to do so, then with his tongue; and if he is not able to do so, then with his heart, and that is the weakest of faith”.253 This hadith of the Prophet places an obligation on all Muslims to stop abuse actively. It is actually a sign of a deficient heart if all the Muslim does is feel that an action is evil, but takes no action. — Governments need to enact legislation that outlaws all forms of Honour crime. Only this week our Prime Minster has given his personal support to the enactment of legislation making Forced Marriage unlawful (annex 4) They need to make funds available (with international help if needed) for training of professionals, education in schools, Media campaigns, protection of potential victims and support of NGOs. — Faith leaders are needed to educate their communities to understand that such crimes are abhorrent to God and all religions The Qur’an forbids any equation where the product is violence or abuse. The Qur’an says “Let there be a community (or Ummah) among you, advocating what is good, demanding what is right, and eradicating what is wrong. These are indeed the successful (3:104). You are the best community ever raised; you enforce what is right, fight what is wrong, and believe in Allah (3:110). — Police need to develop and enforce best practice and training so that thy protect the victims and not the perpetrators. Our Police have been at the forefront of seeking to outlaw Forced marriage (Annex 3) The Qu’ran states that “Indeed if any do help and defend themselves after a wrong (done) to them, against such (them) there is no blame. The blame is only against those who oppress by wrongdoing and insolently transgress beyond bounds through the land, defying right and justice, for which there will be a penalty grievous”.254 1 Sura ash Shura 42:41/42 — The Judiciary must be well trained to understand the causes and eVects of Honour based crime. They have a clear and heavy duty to protect the oppressed without fear or favor. Not only must they ensure that laws are enforced but also put in place measures so that the courts are safe places which victims can access without suVering further at the hands of their oppressors, Our Judiciary have been at the forefront of developing innovative ways of using the civil law to prevent Forced Marriage and protect its victims and have been major supporters of the new proposed legislation. The Qur’an states that “And him that seeks thy help thou shalt never chide”

8. Conclusion The Labour Government’s record on tackling DV through the use of JUG has been successful to a degree, however as with other core New Labour policy initiatives, there have been significant problems. As with other projects utilising JUG, there have been the usual diYculties associated with adopting a more holistic approach to governance, namely issues of accountability, the institutionalising of new structures, a lack of clear communication of aims and objectives by central government, and a scarcity of funding. One has to recognise that in some areas, political rhetoric and “sound bites” have not been backed up with adequate resources. An example of this came following the DV Act (2004), in which despite the Treasury being in full knowledge of what it costs not to deal with DV issues, it has still proved very diYcult for the respective agencies and projects to obtain long term funding. Although the Act came into force in 2004, due to this lack of funding most of the provisions will not actually come into eVect until July 2007, and this was only after a sustained period of pressure from both within and outside of the government, including senior ministers and members of the judiciary. This is even more surprising as the Chancellor’s wife is a patron of the Women’s Aid organisation and Cherie Blair QC has been a high profile DV campaigner and supporter of Refuge, however maybe due to the fact that DV is often perceived as a “women’s issue”, this has in turn hampered eVorts when decisions are made in the Treasury under electoral related pressures. A report on the government’s record in this area entitled, “Making the Grade” (2005), identified key failings, including an inadequate response in some regions of the UK due to a lack of eVective police training, and a severe lack of response by some social services due to a lack of understanding and resources, “The report identifies that in almost every area a more integrated and co-ordinated approach would bring about huge benefits. “Attempts at inter-departmental working and partnerships are evident, but are duplicated across DV, sexual oVending, prostitution and traYcking. The Home OYce could really take the lead in co-ordinating cross-departmental work and it is disappointing to see it is still not reaching its full potential in all areas in this regard.” (Women’s National Commission, 205, 27)

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Whilst there have indeed been clear problems, I believe however that the situation for DV victims is significantly better now than it was pre 1997, and JUG has played an invaluable role within the achievements and changes which have been brought about since 1997. There is of course a lot of work still to be done, but the Labour government has identified and attempted to tackle an issue which lies at the core of many of society’s problems through a circle of violence, the extent to which is still being discovered. If New Labour has started a process which will eventually lead to the long term reduction in the number of people within the UK who are victims of DV, then this could definitely prove to be an area in which the Blair legacy is a positive one. I have no doubt at all that any future UK government of any persuasion would continue the improvements that have been made—public opinion would not allow other wise and the Conservative party of today is a very diVerent creature from the past—indeed its leader has been advocating the criminalisation of Forced Marriage. Funding and the lack of it is a constant diYculty for those wishing it bring about improvements for victims of DV and child abuse in the aZuent First World. NGOs are swamped and under resourced and receive only short term funding making it very diYcult for them to plan ahead. Many women continue to be turned away from refuges due to lack of space. These problems are magnified a thousand fold in developing nations. However, many of the advances I have outlined above have come about due to changing attitudes and methods of practice and by inspired leadership from very small number of men and women of good will and insight. Much can be achieved on small budgets particularly if there is cooperation between agencies, countries and regions in seeking to find solutions suitable for Asian culture and circumstances and if we in the privileged first world stand alongside our brothers and sisters oVering our support, encouragement, advances and wherever possible finances. Our Prophet (PBUH) was a man who dreamed big dreams and so must we. Marilyn Mornington 8 March 2007

Annex 2

DOMESTIC VIOLENCE IN CONSENT ORDERS A paper by Lord Justice Wall given to the Hertfordshire Family Forum at the Law Faculty of the University of St Albans on 13 March 2007 I need to begin, I suppose, with the usual caveat. The views I am about to express are, of course, my own. They do not pretend to represent those of the judiciary as a whole, although I would hope that many of my colleagues would agree with what I am about to say. You have asked me to address a specific question. I need, however, to put that question in context. Although applications for contact are a common instance in which domestic violence falls to be considered, it is, of course, only one small aspect of a very much wider problem. I therefore need to make a first, and very obvious point, and it is that domestic abuse is endemic. It aVects every level of society. It is a major social evil. It is intractable. It represents perhaps the greatest single interdisciplinary challenge to the family justice system. It is absolutely right that you are concerned about it; and it is also absolutely right, to take just one example of a more general concern, that the Family Justice Council (FJC) has both what it calls a “children in safeguarding proceedings committee” and a domestic violence working group. My second general point is one which is, perhaps, more controversial and is one with which a number of people here may not agree. It is that domestic violence is predominantly a male problem. Of course there are women who kill their children and abuse their partners. However, in my view, for men to fall back on the politically correct view that the problem aVects both sexes equally is, in my view, not only wrong: it can easily lead to a complacent view that men really don’t need to do anything about it. This is a point I have made to men’s groups. Men’s groups must, in my view, be open and public of their condemnation of domestic abuse, and should be at the forefront of those aiming to assist both victims and perpetrators. This leads me to my third general point, which I accept is subjective and largely based on my own experience. One of the most dispiriting aspects of dealing with cases of domestic abuse in court has, for me, been the reluctance of most perpetrators to acknowledge what they have done. How often have we all heard the grudging admission that the man may have “pushed” or even “slapped” his partner, usually combined with an assertion that she had attacked him and that he was only acting in self-defence. This makes both the “treatment”, let alone the reduction/eradication of domestic violence even more diYcult. It is, accordingly, very important in my view that we should continue to promote the message that it is not possible at one and the same time to be guilty of serious violence to your partner and to hold yourself out as a good parent. The old approach that a man may have abused the mother of his children, but that he had not struck the children and that he was still a good father will no longer wash in the over-whelming majority of cases. As Dr Sturge and Glaser put it in the ground breaking report to the Court of Appeal in Re L in 2000: “Domestic violence involves a very serious and significant failure in parenting”. This leads to my next point, which is also a general one, but which has some relevance to the point you have asked me to address. It is my view that the family courts are ill-equipped to deal eVectively with domestic violence. Our remedies are crude. We can attempt to protect victims by means of non-molestation Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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orders, occupation orders or by refusing contact between violent parents and their children. In the criminal context, the police and the criminal courts can facilitate the prosecution of perpetrators. But none of this goes to the heart of the problem. The heart of the problem is how we address the issue in its wider, social context. The question which you have asked me to address, is, as I have already made clear, only a very small part of a much wider problem. I am, of course, not competent to address these wider issues, interesting and important as they are. The only real contribution I can make, I think, relates to the hope that increasingly disputes over children in particular can be taken out of the court room, and that parents can be educated—by suitable programmes, counselling, mediation and other means—into an appreciation that violence in a relationship is unacceptable, and in particular that it can, potentially, have enormously damaging consequences for children who experience it either directly or indirectly. If this seems a pipe dream, the process towards achieving it will, of course, only occur if the government chooses to intervene, for example by funding the types of programme which should, prospectively, accompany orders made under the Children and Adoption Act 2006. I am disappointed that the genesis for the 2006 Act and what Children Act Sub-Committee (CASC) of the short-lived Lord Chancellor’s Advisory Board on Family Law was trying to achieve when making its proposals in the report Making Contact Work appears to have been misunderstood. We were seeking to educate, not to punish. We took the view that the solution to an intractable contact case was not endless, ineVectual court hearings culminating in committal proceedings, but external intervention designed to teach recalcitrant parents about the damage their ongoing disputes were causing their children. This included, of course, trying to demonstrate to a violent father why his violence was responsible for the absence of contact; and to assist the recalcitrant resident parent, usually the mother, in understanding why her determined resistance to contact often had little to do with the welfare of her children, and everything to do with the ongoing battle with her former partner. How may contact cases are about children?

I do not wish to sound unduly pessimistic. There have, I think, been many improvements in the past five years. Above all, there has been the recognition, in particular by both the courts and by the police that the question of domestic violence has to be faced up to and addressed. The tensions between the need to empower the victim of an abusive relationship to take steps to prosecute the abuser on the one hand, and the myriad of pressures—some self-inflicted, which pull the victim in the opposite direction are undoubtedly being addressed by the police. My anxiety is that the welter of recent legislation, particularly in the field of harassment, will make the inter-relationship between the family and the criminal court even more diYcult to navigate. But that is another topic for another day.

In summary, however, my view is that until we can generate a culture in which violence between partners and parents is simply unacceptable—a culture in which women, in particular, have greater social and economic power—the problem will remain endemic. In the millennium volume of essays published in 2000255, I cited 17th century cases which—a few anachronisms apart—could have been in my court when I sat at first instance—every day of the week. I predicted that in the year 2,100 there would still be domestic abuse. I would like to think that I was wrong. I won’t, of course, be here to find out, but if nothing else the point goes to complacency. We must never think that we have succeeded in eliminating domestic abuse. We must, however, be ever vigilant and ever inventive in our eVorts to combat it.

Enough generalisations. I need to address some practical points.

I start, not with the WAFE report entitled 29 Child Homicides but with the first CASC report unmemorably entitled A Report to the Lord Chancellor of the question of Parental Contact in cases where there is domestic violence. I realise, on re-reading it, how badly it is put together. You don’t even get a date (May 1999) until the very last page.

The conclusions we reached are set out in section 4 of the report, and in approaching the question of domestic violence in consent cases it is, I think, helpful to remind ourselves what they were. We acknowledged the importance of the subject, and the powerful public perception that domestic violence was not being fully addressed by the courts. We were not persuaded that legislation—for example following the New Zealand model, was necessary. We were, however, strongly of the view that there should be good practice guidelines, preferably introduced by Presidential Practice Direction. We said that the operation of the Guidelines should be monitored by the Department and the Court Service for a defined period, and the question of legislation reconsidered if they were not working. That monitoring, we said, should be part of a “systematic gathering and analysis of information relating to applications to the court for contact in which domestic violence is an issue”. We also recommended “longitudinal research” funded by the Department and aimed at informing all the professionals working within the Family Justice System about the eVects of domestic violence on children and their parents. Finally, we commended continuous joint training for what was then the Court Welfare Service, together with training of the judiciary in understanding the eVect of domestic violence on children and parents.

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I fear that much of this simply did not happen. There was no Practice Direction. I am not aware of any really consistent monitoring or systematic gathering of information. I am not aware of any ongoing longitudinal research. CAFCASS continues to be under-funded and unable to put in place much of the work I know it would like to undertake. We do, of course, now have the 2006 Act. The jury is out in relation to implementation and the resources to be provided for it. Much, as I have already said, depends on the extent to which the government is prepared to put in place the necessary funding. This leads me, at long last, to the topic you have asked me address. I begin with the WAFE report, 29 Child Homicides, which, as it title suggests, identifies 29 children killed by their fathers after the parental relationship had broken down, and when the children in question were visiting/staying with their father. It is, I think, important to bear in mind a number of factors when considering this report. The first, of course, is that it covered a 10 year period. The second is that 18 of the 29 children who were murdered were not subject to any form of court proceedings; and the third is that of the 11 children who were the subject of court proceedings, eight died as the result of parental actions which had not been and could not reasonably be foreseen. The deaths, therefore, appalling and unnecessary as they were, represent a very small sample. As I made clear in my report to the President, that is not in any way to underestimate the personal tragedies in question. It does, however, enable me to retain a sense of perspective. If I may be allowed a personal anecdote, one of the most moving cases I ever heard was the case of the father suVering from Huntingdon’s disease who decided that because he was terminally ill, he would commit suicide and kill his children at the same time. The method he chose was to oVer to take the children on a camping weekend. He had bought several cans of petrol, and he intended to immolate himself and the children in his van. Fortuitously, and because of the curious movements he made. You will find the case in the books, reported as Re H (Contact Order) (No 2) [2002] 1 FLR 22. The mother in that case, however, wanted the father to see the children, even though he had been violent to her. She readily agreed the contact. She had no idea what he was going to do, nor could she have reasonably foreseen it. You will, I think, be aware that in two of the cases in which there had been consent orders I was concerned that perhaps the judge could have been more alert. In one of them, the child who was untimely killed had complained previously to his mother about his father’s behaviour on contact, and the order had been varied because of it. On the other hand, it was clear that the parties would probably have made their own arrangements whatever the judge decided. I found it very hard to be critical of the judge in either case. Both had acted conscientiously and in what they believed to be the e best interests of the children. I was very pleased that the President took up my invitation to ask the FJC to report to him on the question. This seems to me precisely the sort of task the FJC ought to be addressing, and I am impressed with the quality of the result. I am sure you are aware of the report’s recommendations, but you will find them set out in detail on the Family Justice Council’s website. They are quite far-reaching. They call for a cultural change away from the “contact is always the way forward” approach to the “contact that is safe and positive for the child is always the appropriate way forward”. The recommendations call for a Practice Direction based on Re L [2000] 2 FLR 334. Safety is to be the watchword when considering contact. There should be a process of risk assessment in every case in which domestic violence is alleged. The court forms should be simplified and details of allegations of domestic violence should be given. There should be improved multi-disciplinary training. The Law Society’s Family Law Protocol should be strengthened to make it clear part of a solicitor’s duty when acting for either parent in a contact or residence application is consideration of the eVect of a proposed order on the safety and welfare of the child concerned. The question of separate representation should be considered in highly conflictual cases. There should be a system of feedback to judges in which harm has arisen from a contact order. The Court Service and the DfES should explore how the family court process should be included within Serious Case or Domestic Violence Homicide Reviews. These recommendations are developed in the body of the main report, which I commend to you. I do not have time this evening to deal with them all. I will, however, comment briefly on one or two aspects of them. I fought and lost a battle with the then President (Baroness Butler-Sloss as she now is) over the proposed Practice Direction. I tried in vain to persuade her that she would not be telling her judges what to decide in individual cases (something she quite properly perceived as unconstitutional) merely how they should go about the process of making their decisions. My fear was—and I think it has proved justified— that unless there was a Practice Direction, the Guidelines256 would be ignored—or, if not ignored, reduced to the status of something which existed, but which did not require any particular course of action to be taken on the facts of the individual case. I recall seeing some correspondence on FELIX, the judicial Email making it clear that guidelines did not have the force of law and could be safely ignored. In my judgment, a practice direction is very important. I hope it will be based on the CASC Guidelines, reproduced below. The Guidelines were not written in stone. They provided a template from which the court in the individual case could select the approach to be adopted.

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I am therefore very grateful to the FJC and in particular to the authors of the report for recommending a specific practice direction. I would like to address in particular two of the aspects of the Guidelines which have attracted criticism. They are, respectively, the emphasis on finding of fact hearings; the second is on the abuse to which the system is subject if one party—usually the woman—seeks to advance a case of domestic violence which is either exaggerated or untrue as a means of frustrating contact. The two are, I think, linked in the sense that they are both case management issues. I am unrepentant about the need for the court to establish the facts before it makes its orders. Fact finding is a particular prerogative of the first instance judge. You cannot, in my view, safely make an order in relation to children without a good understanding of what the underlying facts of the case are. Insofar as hearings designed to establish the facts cause delay, this is, in my view, essentially a case management issue. The delay has to be balanced with the other factors in the case. Robust case management is required. Issues must be identified clearly and equally clearly addressed by the evidence. If the allegations made are unlikely to aVect the order, it may not be necessary to address them. These are all matters for the good sense of the lawyers and the judge. Lack of resources will always be prayed in aid as a reason for not undertaking the task. As a first instance judge, I deeply resented a lack of resources preventing me form doing my job properly. Every case, of course, involves a balance. But in my view the lack of resources should not be allowed to put children’s safety at risk. If the needs of the children require a proper enquiry into the facts that is simply what must happen. I strongly deprecate any attempt to frustrate contact by means to spurious allegations of domestic violence. But once again, this seems to me a case management issue. The court must examine the allegations, and the response to them, speedily. It may be necessary to make a snap judgment based on an assessment of the case overall. I do not underestimate the diYculties. But as the report from the FJC makes clear, these cases are of the utmost importance to children and their parents, and must be properly heard. Intervention in cases where there is agreement may be diYcult. It may upset the parties. It may irritate the profession. The ethos of the Children Act is non-interventionist, but if children’s safety is to be uppermost in our minds when considering the welfare equation, we will have to intervene if we think an order has been agreed which is likely to compromise the child’s safety. I think the FJC report poses challenges to all of us. For the legal profession, the challenge is to tease out and address the issue of domestic violence wherever it appears, and to apply to the allegations made in a given case careful judgment and wise counsel. For CAFCASS and Social Services it will require courageous decisions and the need to address judicial findings with both victims and perpetrators. For those attempting to address abusive behaviour and/or to protect victims, the search to understand the phenomenon and to attempt to educate both victims and perpetrators will continue. For judges there will be the challenge to make findings where necessary, and to be proactive where to be silent would be much easier. The most important factor is that we identify the issue and address it. We are all small cogs in a huge wheel, if that it not too obvious a metaphor. None of us will solve the problem, but we can each in our own way contribute towards its solution.

Annex 3

THE CASC GUIDELINES

Proposed Guidelines for Good Practice 1. In every case in which domestic violence is put forward as a reason for refusing or limiting contact the court should consider the allegations made at the earliest opportunity (and any answer to them) and decide whether the nature and eVect of the violence alleged by the complainant (or admitted by the respondent) is such as to make it likely that the order of the court for contact will be aVected if the allegations are proved. 2. Where the allegations are disputed and the court forms the view that the nature and eVect of the violence alleged is such as to make it likely that the order of the court will be aVected if the allegations are proved the court should: (a) consider what evidence will be required to enable the court to make findings of fact in relation to the allegations; (b) ensure that appropriate directions are given at an early stage in the application under section 11(1) of the Children Act 1989 to enable the matters in issue to be heard as speedily as possible; including in a proper case consideration of whether or not it would be appropriate for there to be an initial hearing for the purpose of enabling findings of fact to be made; (c) consider whether an order for interim contact pending the final hearing is in the interests of the child; and in particular that the safety of the child and the residential parent can be secured before during and after any such contact; Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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(d) direct a report from a court welfare oYcer on the question of contact unless satisfied that it is not necessary to do so in order to safeguard the child’s interests; and (e) subject to the seriousness of the allegations made and the diYculty of the case consider whether or not the children in question need to be separately represented in the proceedings; and, if the case is proceeding in the Family Proceedings Court whether or not it should be transferred to the County court; if in the County Court whether or not it should be transferred to the High Court for hearing. 3. (a) Where the court orders a welfare oYcer’s report under section 7 of the Children Act 1989 in a disputed application for contact in which it considers domestic violence to be a relevant issue, the order of the court should contain specific directions to the court welfare oYcer to address the issue of domestic violence; to make an assessment of the harm which the children have suVered or which they are at risk of suVering if contact is ordered; and to make particular eVorts to ascertain the wishes and feelings of the children concerned in the light of the allegations of violence made. (b) Where the court has made findings of fact prior to the court welfare oYcer conducting his or her investigation the court should ensure that either a note of the court’s judgement or of the findings of fact made by the court is made available to the court welfare oYcer as soon after the findings have been made as is practicable. 4. In deciding any question of interim contact pending a full hearing the court should: (a) specifically take into account the matters set out in section 1(3) of the Children Act 1989 (“the welfare check-list”); (b) give particular consideration to the likely eVect on the child of such contact and any risk of harm, physical and/or psychological, which the child is likely to suVer as a consequence of such contact being ordered; (c) consider, if it decides such contact is in the interests of the child, what directions are required about how it is to be carried into eVect and, in particular, whether it should be supervised, and if so, by whom; and generally, in so far as it can, ensure that any risk of harm to the child is minimised and the safety of the child and residential parent before during and after any such contact is secured; and (d) consider whether the parent seeking contact should seek advice and/or treatment as a precondition to contact being ordered or as a means of assisting the court in ascertaining the likely risk of harm to the child from that person at the final hearing. 5. At the final hearing of a contact application in which there are disputed allegations of domestic violence: (1) the court should, wherever practicable, make findings of fact as to the nature and degree of the violence which is established on the balance of probabilities and its eVect on the child and the parent with whom the child is living; and (2) in deciding the issue of contact the court should, in the light of the findings of fact which it has made, apply the individual items in the welfare checklist with reference to those findings; in particular, where relevant findings of domestic violence have been made, the court should in every case consider the harm which the child has suVered as a consequence of that violence and the harm which the child is at risk of suVering if an order for contact is made and only make an order for contact it can be satisfied that the safety of the residential parent and the child can be secured before during and after contact. 6. In each case where a finding of domestic violence is made, the court should consider the conduct of both parents towards each other and towards the children; in particular, the court should consider: (a) the eVect of the domestic violence which has been established on the child and on the parent with whom the child is living; (b) whether or not the motivation of the parent seeking contact is a desire to promote the best interests of the child or as a means of continuing a process of violence against or intimidation or harassment of the other parent; (c) the likely behaviour of the parent seeking contact during contact and its eVect on the child or children concerned; (d) the capacity of the parent seeking contact to appreciate the eVect of past and future violence on the other parent and the children concerned; and (e) the attitude of the parent seeking contact to past violent conduct by that parent; and in particular whether that parent has the capacity to change and/or to behave appropriately. 7. Where the court has made findings of domestic violence but, having applied the welfare checklist, nonetheless considers that direct contact is in the best interests of the child or children concerned, the court should consider (in addition to the matters set out in paragraphs 5 and 6 above) what directions are required to enable the order to be carried into eVect under section 11(7) of the Children Act 1989 and in particular should consider: Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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(a) whether or not contact should be supervised, and if so, by whom; (b) what conditions (for example by way of seeking advice or treatment) should be complied with by the party in whose favour the order for contact has been made; (c) whether such contact should be for a specified period or should contain provisions which are to have eVect for a specified period; and (d) whether or not the operation of the order needs to be reviewed, and if so the court should set a date for the review and give directions to ensure that the court at the review has full information about the operation of the order. 8. The court should also take steps to inform itself (alternatively direct the court welfare oYcer or the parties to inform it) of the facilities available locally to the court to assist parents who have been violent to their partners and/or their children, and, where appropriate, should impose as a condition of future contact that the violent parent avail himself of those facilities. 9. In its judgment or reasons the court should always explain how its findings on the issue of domestic violence have influenced its decision on the issue of contact; and in particular where the court has found domestic violence proved but nonetheless makes an order for contact, the court should always explain, whether by way of reference to the welfare check-list or otherwise why it takes the view that contact is in the best interests of the child. Although not part of our formal guidelines, we think that all courts hearing applications where domestic violence is alleged should review their facilities at court and should do their best to ensure that there are separate waiting areas for the parties in such cases and that information about the services of Victim Support and other supporting agencies is readily available.

Annex 4

ASSOCIATION OF CHIEF POLICE OFFICERS OF ENGLAND, WALES AND NORTHERN IRELAND Crime Business Area John Dunworth Domestic Violence Unit Home OYce Marsham Street London SW1P 4DF 3 September 2007

Domestic Violence Homicide Reviews

I refer to the meeting at the Home OYce convened on 5 July 2007 to discuss progress in respect of the implementation of Section 9. I found the meeting helpful and I felt it appropriate to set out my views on behalf of ACPO in respect of the merit of the proposals. Despite substantial lapses from time to time in respect of the co-ordination of eVort against domestic violence, it is our view that significant progress has been made by most agencies with a responsibility for the protection of victims. The principal question I have been considering is what are we going to learn that is new from Reviews, rather than merely reinforcing what we already know? The lessons by now are clear to us from existing reviews under Part 8 and from our existing cohort of knowledge in respect of domestic violence: — Inadequate arrangements for information sharing. — Inadequate arrangements for risk identification, assessment and management. — Inadequate training. — Inadequate supervision. There is already adequate policy, guidance and advice on what to do: the issue is that there is inadequate rigour in delivery and it is questionable whether DVHRs as “soft” learning will deliver the essential rigour needed. Also, noting the debate about “new business or core business”, there is presently little capacity to do more and do it meaningfully, according to feedback from Forces and partners. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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If Government is determined to implement DVHRs then they should be streamlined so that they develop our understanding rather than enforcing what we already know. It would genuinely advance our understanding if such DVHRs as are commissioned concentrate upon the background of perpetrators in order to strengthen our knowledge and inform the design of tools for risk management. 11 October 2007

APPENDIX 40

Memorandum submitted by The Family Justice Council Diversity Sub-Committee

Introduction This response focuses specifically on forced marriage and “honour based” violence. The Domestic Violence Working Group of the FJC has made submissions in respect of the wider, overarching issues and this document is to be read in conjunction with those submissions.

Executive Summary The FJC submits that: — resources should be earmarked to track and monitor the use of the Forced Marriage (Civil Protection) Act 2007; — a long term strategy where Government works in partnership with relevant NGO and community groups is needed to combat forced marriage and honour based violence; and — there is a need for properly funded training on forced marriage and honour based violence for a range of key professional groups and agencies including the police, social workers, lawyers, the judiciary and medical practitioners.

Submissions Whilst the focus of these particular submissions is fairly narrow, the FJC Diversity Sub-Committee wishes to emphasise its view that domestic abuse continues to be an issue for ALL communities. There should be no complacency nor feeling that because the spotlight may currently be on one, or more, specific communities, that this means that DV issues in other communities have some how been dealt with, or, are of lower priority. It follows that, whatever work or policy initiatives arise out of this inquiry, they should be fully resourced without detracting from existing projects and without drawing resources away from existing work. In short, progress on the issues of forced marriage and “honour” violence should be as well as not instead of progress on other work. It also bears saying that whilst the term “honour based violence” identifies a particular phenomenon, it should not be forgotten that what it describes is the motivation behind the violence and that, whatever the background or reason, the result is still domestic violence. We feel that considerable strides have been made in terms of bringing the issues of forced marriage (FM) and honour based violence (HBV) into the public eye and to the attention of Parliament. In our view, this is largely due to the many women’s and community organisations that have campaigned over many years, largely in the face of oYcial indiVerence to raise awareness of these issues. The recent Forced Marriage Act (Civil Protection) Act 2007, with which members of this Sub-Committee have been closely involved, is a major step in the right direction and we welcome its addition to the statute books. It is too early to assess its impact and it is crucial that its use and progress are closely monitored. The bringing into force of this Act should be viewed as the beginning, not the end, of the process. It is vitally important that the Act is fully and properly used and, to that end, we recommend that comprehensive training should be made available to the judiciary, and to legal and other professionals to enable them to identify cases and deal with situations where forced marriage may be an issue, especially those where it is not presented as such. We are not able to comment further on the impact of the Act at this stage as it has only recently come into force. We feel it would be helpful if the Committee were to recommend that funding and resources should be made available for the specific purpose of tracking its use. We consider that a preliminary evaluation could be made after it has been in force for a year, but that a clear picture of its true impact is unlikely to emerge in less than three years. With respect to the concept of HBV, again, we believe that the recent work around the Forced Marriage Act and associated issues, coupled with the long years of campaigning work have had a considerable impact on public awareness of the existence of HBV. This awareness is, however, largely embryonic and needs to Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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be consolidated and built upon by ensuring that HBV remains at the forefront of government and NGO strategic thinking. We are concerned that the issue is currently at risk of being seen as fashionable and that once its current popularity passes, interest and resources may wane. We want to emphasise that in order for real progress to be made in assisting the victims of this type of violence, a sustained and long term approach is essential. We are also concerned that much of the information about HBV seems to concentrate on incidents involving the death of the victim. It needs to be understood that for every one of these incidents, there are a multitude of less high profile incidents, where the HBV takes a less dramatic from, and where the victim is subjected to “punishment” for “bringing dishonour on the family” by being subjected to long term low level physical abuse and bullying. Such abuse is often carried out by multiple perpetrators and may, therefore, be harder to pinpoint and may also make the victim feel that the task of escape is impossible. We need to be alive to the fact that victims of this type of abuse may find it extremely hard to take steps to extricate themselves from their plight, particularly as, in so doing, they may feel that they really are bringing shame on the family by revealing the abuse that they have suVered. In short, then, the main thrust of these brief submissions is that we consider that there is a wealth of valuable work currently being undertaken in both the areas of FM and HBV. This is an extremely positive development. The challenge will be to take that work in the long term to ensure that real and lasting changes are made and sustained. 13 October 2007

APPENDIX 41

Memorandum submitted by the Children and Family Court Advisory and Support Service (Cafcass)

Executive Summary

1. This submission focuses on domestic violence issues relating to children. As a safeguarding agency, Cafcass has a strong interest in responding eVectively to domestic violence. In the majority of both public and private law cases domestic violence is an issue, and is a factor in over half of all serious case reviews. Domestic violence has a major impact on the well-being of children, and on the ability of the non-violent adult to parent successfully. Cafcass has worked hard to promote the inclusion of children on the domestic violence policy agenda, both nationally and locally. 2. Cafcass recognises the various manifestations of domestic violence in its training, guidance and practice, including forced marriage. 3. Cafcass has made major developments in the way we respond to domestic violence, including: — introducing a comprehensive and mandatory training programme; — implementing guidance for practitioners in the form of a toolkit; — introducing a three-fold approach to risk assessment; — establishing procedures for sharing information with children’s social care, without creating a referral overload and enabling Cafcass to work with the family; and — establishing protocols with Police for more eVective screening and risk identification. 4. Despite this progress, there is more that can be done to safeguard children who are aVected by domestic violence. This change needs to come from the “whole system” given the complexities and number of agencies that are involved. We recommend the following: — increased provision of contact centres; — resolution of data protection issues and information sharing issues in relation to MARACs and court proceedings; — further measures for eVective risk assessment, including legislative measures around screening for risk in private law cases; — a more joined up, and wider, approach to policy children’s issue and domestic violence; — targeted information to change attitudes towards forced marriage; and — information from finding of fact hearings should be available to inform interagency risk assessments. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Introduction to Cafcass 5. Cafcass was set up in 2001 as a non-departmental public body. We work with children in family court proceedings to safeguard and promote their welfare. This can be in “public law” proceedings (mostly care applications by local authorities), adoption cases or “private law” cases where there is family breakdown and parents cannot agree about residence or contact. We work within England and a separate organisation—CAFCASS CYMRU—works in Wales. 6. In 2006–07, we worked with 80,536 children: 12,104 public law and adoption, and 68,432 in private law. 7. Cafcass is under a statutory duty to safeguard the children with whom we work.257 “Safeguarding” is a concept that has evolved over time, and is wider than child protection. It means that as far as we can Cafcass, in every aspect of our work, will safeguard against harm, safeguard a child’s right to maintain important attachments, safeguard a child’s right to fully participate in our work with them, and safeguard a stable and secure life for the children and young people we work with. 8. Domestic violence is an important feature of our work in public and private law. It has a major impact on the well-being of children, and on the ability of the non-violent adult to parent successfully. Cafcass is clearly concerned for the well-being of vulnerable adults as well as children—not least because the two are inextricably linked. We recognise that other submissions will focus on adult issues and so this submission focuses on domestic violence issues as they relate to children.

Prevalence in Family Proceedings 9. Research into the prevalence of domestic violence is confirmed by Cafcass practice experience, that in the majority of both public and private law cases domestic violence is an issue. Exact figures are hard to determine, since for domestic violence to be recognised as a fact within court proceedings, the court has to make a finding of fact. This can take a lengthy hearing and the courts are reluctant to commit this time unless the issue is central for progress of the case. In private law, this means that domestic violence can remain an unsubstantiated allegation and in public law it is frequently a background concern, overlaid by the crisis issues which have led to the care proceedings. 10. The Women’s Aid “Twenty-Nine Child Homicides” report describes the cases of 29 children from 13 families who were murdered by their fathers during contact.258 This report has been influential in beginning to change practice within the family court system. 11. Cafcass’ position as a national agency enables us to learn from serious case reviews259 (SCR) and domestic homicide reviews from across the country. In over half of SCRs, domestic violence is a factor. We also have a number of cases each year where there is a domestic homicide, and some where both parent and child are killed by the abusive partner.

Impact on Children 12. Being exposed to domestic violence has both short and long term cognitive, behavioural and emotional eVects. Research tells us that the majority of children who live in families where domestic violence is an issue, witness the violence that is occurring, and in about half of all domestic violence situations they are also being directly physically abused themselves. Each child will respond diVerently to the trauma; some may be resilient and not exhibit any negative eVects. 13. Section 120 of the Children and Adoption Act 2002 extended the definition of harm within the 1989 Children Act to include harm suVered from seeing or hearing the ill treatment of another, such as harm caused by witnessing domestic violence. The impact of this change has been to mainstream concerns about domestic violence within the safeguarding arena, whereas previously it was often marginalised. 14. Research also shows that the risk of harm to children from domestic violence is not discrete—there is a significant cross-over of concerns. Children are likely to be at risk of actual physical, sexual and/or emotional abuse from perpetrators of domestic violence. Domestic violence is often a significant and consistent feature, no matter what other form of abuse a child is deemed to have suVered.260 15. Because of the serious impact of domestic violence on children, and because of the numbers of children in this position, Cafcass has worked hard to promote the inclusion of children on the domestic violence policy agenda, both nationally (in terms of joined-up approach between the Home OYce, Ministry of Justice and the Department for Children, Schools and Families) and locally in terms of a closer working partnerships between Domestic violence fora and Local Safeguarding Children’s Boards. This remains a challenge.

257 Section 12 Criminal Justice and Court Services Act 2000. 258 Saunders, H (2004) Twenty-Nine Child Homicides: Lessons still to be learnt on Domestic Violence and Child Protection” Women’s Aid Federation of England. 259 Serious case reviews are undertaken by Local Safeguarding Children’s Boards following either a child death where abuse or neglect has been a factor, or serious injury. The process is set out in Working Together to Safeguard Children DfES 2006. 260 See Hester, M, Pearson, M and Harwin, N (2006) Making an Impact. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Wider Issues Relating to Domestic Violence

16. Research demonstrates that the majority of serious domestic violence is committed by men against women. This is borne out by Cafcass’ practice experience. Other forms of domestic violence, whilst less common, are equally serious. A key part of our training, guidance and practice is to ensure that the focus on “normal” circumstances does not prevent the identification of, and appropriate responses to, less usual situations. Examples from recent practice include: — A male member of Cafcass staV who disclosed during domestic violence training that he had grown up with violence perpetrated by his mother against father—he spoke vividly of the harm caused by this “minority” experience. — Violence within a single sex relationship. — Violence perpetrated by teenage son against siblings and mother (a single parent following domestic violence in her marriage). — Violence relating to “forced marriages”. A forced marriage is itself a form of violence. Cafcass has some involvement through the High Court in cases where vulnerable young women who are at risk of a forced marriage, apply to the court for assistance. More usually, our involvement is through private law proceedings about the children when a marriage has broken down. Not infrequently then, the original violence of the forced marriage is overlaid by other forms of domestic violence perpetrated either by the husband, extended family or both.

Cafcass and Domestic Violence

17. The impetus for Cafcass to re-think the way we approach domestic violence came largely from the October 2005 inspection261 by HMICA. The review found that in spite of some elements of good practice, Cafcass faced a number of challenges in our work with families where domestic violence is a factor and a holistic response was required. In particular, the report highlighted for both Cafcass and the family courts, that working under the presumption that contact is always best for children in private law cases is clearly not appropriate in cases where domestic violence is an issue. The review identified a need for Cafcass to provide staV with more structure around assessing risk and with training for work with domestic violence. In 2006 Cafcass successfully completed the action plan arising from the HMICA report: we were complimented by the inspectors on the achievements we have made. In a recent inspection the progress made in relation to all safeguarding issues, including domestic violence, was positively noted.262 The key developments are as follows:

18. Cafcass has implemented a domestic violence training programme for all our operational staV, covering theory; communicating with children; and legal issues. This is the first comprehensive and mandatory training programme since the start of Cafcass.

19. We have produced our Domestic Violence Toolkit263, which provides guidance for practitioners. This has been very well-received—we have requests for its use from as far afield as Australia.

20. We have implemented our Safeguarding Framework264, which brings together all safeguarding policies including domestic violence and risk assessment. The Framework contains a 3-fold approach to risk assessment: screening in all cases; risk identification in all cases; and safety assessment—a more detailed process—for those families where risk is identified. This complies with the new provision from the Children and Adoption Act 2006, which requires Cafcass to undertake risk assessments where necessary.

21. The “Section 120” provision265 brought many of our “private law” children into the safeguarding arena. Cafcass agreed a protocol with the Association of Directors of Social Services (ADSS)266 whereby we notify the local authority children’s social care department of any cases where such harm is alleged to have occurred, but we do not make a child protection referral unless there is information to suggest that the harm still continues or is likely in the future. This allows Cafcass to continue working with the family and avoids overloading children’s social care with referrals, but ensures that they have the information in case this fits with information they hold from elsewhere, which may suggest the presence of present or future risk.

261 Domestic Violence, Safety and Family Proceedings: Thematic review of the handling of domestic violence issues by Cafcass and the administration of family courts in HMCS. HMICA 2005 (Note: HMICA—Her Majesty’s Inspectorate of Court Administration. Since April 2008 responsibility for inspection of Cafcass was transferred to OFSTED.) 262 Children’s guardians and care proceedings HMICA September 2007 See www.cafcass.gov.uk 263 See www.cafcass.gov.uk 264 See www.cafcass.gov.uk 265 S120 of the Adoption & Children Act 2002, which extended the definition of harm for children to include witnessing harm. 266 Now split into the Association of Directors of Children’s Services (ADCS) and the Association of Directors of Adult Social Services (ADASS). Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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22. We have worked with the Family Justice Council in responding to the issues raised by the Women’s Aid “29 Homicides” report (see above). In particular, the recent FJC report267 states: “A cultural change is required, with a move away from “contact is always the appropriate way forward” to “contact that is safe and positive for the child is always the appropriate way forward”. This is a major shift, particularly given that the family justice system is based on a minimal intervention approach ie if families can work it out for themselves than that is best. 23. We worked with others to produce guidance to local commissioners of children’s services about domestic violence.268 This guidance has been warmly received but less eVectively implemented. In most local authorities, there continues to be inadequate provision of support services. 24. Along with CAFCASS CYMRU, we have just agreed a protocol with the Association of Chief Police oYcers (ACPO) to ensure the provision of comprehensive and timely screening information from the police in private law cases where risk factors are identified.269

Further Changes Needed 25. As stated above, Cafcass believes we have made positive changes in our practice and approach. There is of course more to do.

“Whole system change” 26. No single agency can deliver what is needed—there needs to be a consistent approach across the family justice system and also the wider world of services for children. 27. We have attached as an appendix, an account of a recent case which demonstrates this need especially: — the court initially failed to grasp the risks to the children or their mother from this violent father; — the local authority children’s social care assessed the referral on the basis of child protection, but Cafcass was unable to secure any support services for the children or mother; — there was no suitable contact centre provision available without payment; — pressures on the probation service meant a nine month delay in the provision of a perpetrator programme and assessment; and — lack of information exchange between the criminal justice system and the family justice system (which dealt with the case in ignorance of the criminal matter).

Contact Centres 28. Traditionally most contact centres have been staVed by volunteers on a “supported contact” basis: this model cannot be applied to supervised contact for families where there are issues of risk. There is some Government funding for supervised contact but it is limited.270 In addition, there is a fragmentation of provision as in public law, contact services are provided by children’s social care. There needs to be a more joined-up approach, enabling economies of scale alongside increased provision across the country.

Information Sharing 29. Close inter-agency working is needed to ensure the safety of children and the non-violent parent in cases of domestic violence. A large part of this involves information sharing. Cafcass shares with all agencies in this field, the diYculty of balancing the need for full sharing of information with the requirement to respect the privacy of individuals and comply with the Data Protection Act. In many situations, there is no consent from family members to share the information and this leaves individual practitioners having to balance competing pressures with varying results. This needs clarifying by a central review of the diVering pieces of legislation. 30. As an agency, Cafcass has made progress in our ability to share and receive information. We now have the police (ACPO) protocol referred to earlier, and are a national partner for the new ContactPoint project which will enable professionals to identify other professionals involved with any child.

267 Report to the President of the Family Division on the approach to be adopted by the Court when asked to make a contact order by consent, where domestic violence has been an issue in the case. December 2006 www.familyjusticecouncil.org.uk 268 Vision for services for children and young people aVected by domestic violence: guidance to local commissioners of children’s services LGA, ADSS, Cafcass, Womens Aid et al 2006 see www.cafcass.gov.uk 269 See www.cafcass.gov.uk The protocol is for implementation from October 2007. 270 Cafcass now manages the funding for supervised contact centres. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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31. For domestic violence issues, information sharing is now facilitated helpfully through multi agency risk assessment conferences (MARACs). The information sharing dilemmas, outlined above, are helped but not fully resolved by the MARAC process. Cafcass is beginning to develop links with MARACs at local levels, but there is a particular lack of clarity about what can be shared with us and by us, given that we are bound by the confidentiality rules of the family court proceedings. It is hoped that the proposed changes arising from the family courts transparency review will ease this diYculty. We would also recommend that findings of fact made in family proceedings should also be recorded in a way that is accessible on an interagency basis.

Risk assessment 32. The Cafcass model is outlined in appendix 2. 33. A particular limitation currently is that, at the outset of a private law case, Cafcass can only ask the police whether they have any relevant information in those cases where some indication of risk is already apparent. This approach is based on advice about the impact of Human Rights legislation on our practice. 34. This limits the eVectiveness of our screening, since some risk factors are not apparent within the family court documentation or even known to other family members—for example, in cases where a man has been convicted of oVences against a previous partner or child, but these risks are not known to the partner currently involved in the court case. In the past, some Cafcass teams had arrangements with their local police service, which enabled them to undertake routine, comprehensive screening. Experience showed that was a much more robust way of ensuring that necessary information is made available so that safe decisions could be made by the court. 35. Cafcass hopes that the government may be able to provide a requirement for us to undertake screening for all private law applications at some stage in the future, to resolve this diYculty.

Parenting Policy Programmes 36. In 2006 the Government produced guidance for local authorities about parenting programmes.271 This document makes no reference to parental separation or family breakdown, and only one brief reference to domestic violence. This exemplifies the need to achieve a more joined up approach to policy between the Home OYce—who lead on domestic violence but may need to be reminded about the impact on children— and the DCFS—who lead on children’s issues but who may need to be reminded about the impact of domestic violence.

Universal services 37. Targeted services for the victims of domestic violence are needed, but these cannot be the whole story. The prevalence is such that a much wider approach is needed. The analogy with health is useful in that we need public health education programmes as well as treatment facilities. Attached as appendix 3 is a diagram from the “Vision” document272 (see earlier discussion) which provides a summary of what is needed in terms of universal as well as targeted services.

Forced Marriage and Honour Killings 38. There needs to be a wider information campaign to reach the wide variety of communities where forced marriages occur and an attempt to limit the “criminalisation” of individual families which can serve to harden attitudes and set back general progress. 39. With relation to so-called “honour killings”, deaths of young people under the age of 18 should be included as part of the serious case review procedure.273 The killings of adults should trigger one of the new Domestic Violence Homicide Reviews.

Annexes 1. Case example. 2. Cafcass approach to Risk Assessment, from Cafcass Safeguarding Framework. 3. Services required for children aVected by domestic violence—diagram from ‘Vision for services for children and young people aVected by domestic violence: guidance to local commissioners of children’s services’ LGA, ADSS, Cafcass, Womens Aid et al 2006 see www.cafcass.gov.uk

271 Parenting Support: Guidance for Local Authorities in England DCSF 2006 see http://www.everychildmatters.gov.uk/ resources-and-practice/IG00169/ 272 Vision for services for children and young people aVected by domestic violence: guidance to local commissioners of children’s services LGA, ADSS, Cafcass, Womens Aid et al 2006 see www.cafcass.gov.uk 273 Set out in Working Together to Safeguard Children, 2006. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Annex 1

DOMESTIC VIOLENCE AND PRIVATE LAW CONTACT APPLICATIONS—A CAFCASS CASE EXAMPLE

Background to Case Study

(family details have been changed to protect confidentiality) Family:

Jane Brown Mother Stuart Brown Father Christine Twin daughter (DoB 03.05.99) David Twin son (DoB 03.05.99) Darren Son (DoB 10.08.03) April—December 2006 Period of marriage break-up. Stuart eventually convicted of three counts of Common Assault and Section 2 Harassment, all committed during this period. Jane and the children move into rented accommodation as Stuart refused to leave the family home. January 2007—Jane applied for residence and prohibited steps. February 2007—Court ordered a s7 welfare report and Cafcass allocates case to children and family reporter (C&FR). Stuart still remanded in custody when C&FR first interviewed him. He received a suspended sentence order with a condition that he attends the Probation Service’s Integrated Domestic Violence Programme (IDAP). The court also made a restraining order, which expires in February 2009. March 2007—C&FR’s first report recommended supervised contact on the basis that the children wanted to see him, the CC (local social work agency run on private basis) could provide contact, and father was prepared to pay for it. C&FR referred to Cafcass DV policy in the report and in particular to the Sturge and Glaser prerequisites for contact. April 2007—At the directions appointment the above recommendation was agreed and contact started. There were some diYculties between CC and father. The lead SW at CC and the C&FR met with Stuart to try to iron out problems. There continued to be friction between father and CC for various reasons. Generally the children seemed to enjoy contact, which was 2 hours once a fortnight. June 2007—Mother reported a breach of the restraining order, which involved the children. Soon after this the younger child, Darren, refused to see his father and was very upset when the CC workers came to collect him. Stuart attended to see his Probation OYcer as required. The PO reports that he minimised the oVences, continued to blame the victim but was willing to engage in work he was doing with him. He thought that until he started the group and was being challenged by peers, there would be no real change. Unfortunately, there was a delay in his being allocated to a group (which would take the best part of a year to complete) and it was looking as if December 2007 was the earliest he would start the programme. The matter was reviewed at the end of June 2007, (Cafcass addendum dated 24 June 2007) and C&FR attended the review. The solicitors were already discussing contact moving to being unsupervised when C&FR arrived at court. The recommendation was, however, that C&FR could see no alternative to the continuation of supervision. This was on the basis that nothing had changed as regards father’s attitude to his oVending, victim blaming, the forthcoming breach of the restraining order, to which he had pleaded not guilty and was going to take to the Crown Court for trial, and mother’s opposition to unsupervised contact. She was also very concerned about the things he says to the children during contact even though it is supervised, as reported to her by the worker from CC. At the hearing the judge asked Cafcass to provide another addendum concerning the children’s wishes and feelings for a contested hearing in August, given the younger child’s recent reluctance to see his father and one of the older twin’s (Christine) reluctance to see her father with the CC workers. Throughout the hearing the Stuart interrupted, and was rude to Jane and her solicitor. July 2007—The C&FR saw the children and also undertook a supervised contact, which both children attended and seemed to enjoy. The C&FR had some concerns, which she included in her next addendum, about some things father said to the children. In this addendum dated 27 July 2007 she went through the Sturge and Glaser prerequisites again and indicated where she thought there were any changes if any, and again recommended that she could see no alternative to supervised contact. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Meanwhile Jane told the C&FR that she had issued proceedings for an occupation order and a hearing date was set. She said that he had stopped paying the mortgage, and had not paid her any maintenance and was being obstructive with the CSA. August 2007—Before the hearing the C&FR discussed the situation in some detail with her manager, as she was most concerned that there would be some pressure put on her to agree to unsupervised contact in view of what had happened at the previous hearing. The manager agreed that her approach was consistent with Cafcass DV policy. (She says also re-read the policy, Sturge and Glaser, the CASC guidelines and anything else she could think of to give her backup for the contested hearing!) When she arrived for the hearing the barristers were in the process of arranging unsupervised contact. They asked if her view was the same ie that contact should be supervised and she said yes in principle. However, the manager at CC had now informed her that Stuart had paid nothing of the £1,800 bill he owed them and that until he had, they could not supervise any more contact. The barristers’ view therefore was that contact had to be unsupervised as there was no alternative. The C&FR’s view was that as nothing had changed, father had “paid his money and made his choice” ie that contact should not be unsupervised simply because there was no practical alternative. The barristers and the C&FR went before the judge for an indication. He made it clear that he had grave concerns about contact moving to unsupervised on the basis of the case papers ie he broadly agree with Cafcass. He asked the mother’s barrister if Jane had freely agreed to the proposal that contact should be unsupervised and she said yes. He ordered three unsupervised contacts for three hours each. Obviously collection and return were a problem as the parents could not meet and it was agreed that the first handover should be at the Cafcass oYce and the other two handovers at the local contact centre (agreed by the contact centre organiser). September 2007—Following the hearing, the FCA made a child welfare (protection) referral to the local authority because she feared the children were going to be at risk during unsupervised contact. The response was a paper assessment exercise, which found that mother was protecting the children in a responsible manner so no need for further action. There was then a further hearing, at which the FCA was supported by her service manager. The DJ now hearing the case expressed grave concerns and indicated that he had discussed the case with a senior judge who happened to be sitting in the same court that morning. The case was moved to the senior judge, who eventually stated that there probably should be no unsupervised contact until father has completed his IDAP (probation perpetrator course). She also made a rule 9.5 order so that the children could be active parties in the proceedings. As a final twist, just before the hearing the FCA was informed that Stuart (father) had been arrested on the Saturday before the court hearing, for an assault against the children’s maternal grandfather who had accompanied the children and Jane to the contact centre for the visit there. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 285 bility to Annex 2 there are/are grounds for intervention Key elements (see p 22) Copies of referrals for servicesCompleted on CAF file form including action points (safety planning and provisionservices) of Written plan for monitoring actionidentifying points who is responsible that monitoring arrangements there are/are not not satisfied or satisfied and users work together in a safe CAF action plan (including safety plan and grounds for intervention V Case file records Information from child and family members Practitioner * is not Practitioner * is satisfied that that Sta there are/are RESPONDING TO RISK IN PRIVATE LAW CASES not satisfied or ) V satisfied grounds for intervention all welfare conditions are recorded Practitioner * is satisfied that Case documentationExternal checks as outlined at 2.18–2.19 Interagency information Information from child and/or parties Interagency input identification, plus: Records of information received fromRecord check of any interviews CompletedRecord Risk of ID any form interventions (seeRisk below) prioritisation (in CMS) the initial Case Plan Information from Risk ID on used file to informchecks have been madePractitioner * is Record of work with child and family Other tools completed as relevant and as risk to worker agreed with family (protection) referrals made Screening Risk Identification Safety Assessment all welfare concers are recordedPractitioner * is satisfied that environment the provision of services) in place, including *(or SM where case unallocated) not (see para 2.79)Welfare (protection) referral made toLACSC (see para 2.61 Court is informed of outcomesand of any screening interventions worker) Report to the court on the safety assessment In public law cases all these processes should be demonstrated in the LACSC work. Where this is not evidenced, the Children’s Guardian has the responsi Inputs Internal checks (CMS) As for screening, plus: Information from screening and risk Outputs Records of checks madeOutcomes As for screening, plus: Practitioner is satisfied that all relevant health and Safety assessment identifies any Referrals for services including welfare Record of information from other agencies raise this with the court. Range of possibleinterventions Range of possible actions include: Section 120 notification made to LACSC Health As and for Safety screening, action plus: plan (risks to of the child and adult family members based Actions to safeguard and promote welfare Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Annex 3 Tier 4: Acute/restorative Child Children at risk of death or Protection serious harm from abusive Services. parental partner Police, court protection CAFCASS. Youth Offending Services. Alternative housing for non-abusive parent and children. Presumption of no contact. Multi-agency risk management.

Tier 3: Complex CAFCASS Children whose lives are Refuge and community based support, seriously disrupted by advocacy and childcare services. domestic violence Accomodation options. Supervised contatc services. Support arround special educational and other needs. CAMHS. CIN Services — Social Services Multi-agency risk assessment

Tier 2: Vulnerable Information about domestic violence services. Children vulnerable as a Access to community outreach, advocacy group work and result of domestic violence support services. Positive support from teachers, youth workers. Children’s Centre. Connexion’s advisers. Conselling. Extended school provision. Supported contract services. Health visiting. Positive parenting. Identification within universal services.

Tier 1: All children Universal services. Antenatal assessment/routine questioning Health, Education etc. PHSE. Information about domestic violence. Healthy relationship education.

The principle of the triangle is that at each tier children have access to all the services in the tiers below and additional services relevant to that tier, and that movement up the tiers is based on assessment, using the common assessment framework. Responses in Tiers 3 and 4 are multi agency

APPENDIX 42

Memorandum submitted by Victim Support

Introduction Victim Support is the national organisation providing practical help information and emotional support to people aVected by crime. We also run the Witness Service in every criminal court in England and Wales. Last year our community service supported 403,835 victims of domestic violence and our Witness Service supported a total of 351,740 witnesses. Our Supportline provided telephone support to a total of 15,387 people. In order to give the committee the latest information, this document draws from responses from about 20 services, many of whom oVer specialist support to victims in domestic violence.

Public Education and Awareness Raising At the local level, awareness-raising and public education often need to be quite generic in order to safeguard the safety of DV agencies. Such activities need to take place in a number of settings and in partnership with a range of agencies, for example, those responsible for drugs, social care, children’s services and health services. As proper awareness raising takes time a resources, some DV forums have taken the initiative to specifically fundraise for this function. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Awareness about the scope of domestic violence needs to be increased. BME, LGBT communities and disabled people need more information, possibly through their specialist agencies so that they can better recognise what is happening and agencies can be encouraged to take action. There needs to be awareness raising among children and young people, through schools but also within families: “all young people should have education about domestic violence in schools so that they know that it is unacceptable to be a perpetrator and that they need not accept it as a victim.” “Has to start with the families themselves—too many DV victims I helped at court were under 24 and had always experienced abuse within the home—it was an expectation that they would continue to be abused in their own relationships.” For example, the London borough of Hounslow runs a multi agency project called Learning to Respect which delivers training to schools.

Police Powers and Legal Protection for Victims

(please also see other sections for relevant information) Victims report a range of experiences with the police- some are very upset with their treatment whilst others are satisfied. Victims of domestic violence need to have clear information about what can be done if they decide to ask for help and/or engage with the criminal justice system: “Many victims are not always aware of bail conditions and how to report a breach of them. For example, in one case the defendant returned to the family home and lived there even though the court had set bail conditions where he was told he had to live elsewhere and not contact her until after the trial. She had no idea how to report this breach and when she did call 999, they claimed to know nothing about it.”

Criminal and Civil Justice Processes, including the Specialist Domestic Violence Court (SDVC) Programme The benefits of the SDVC process was best put by our member from Croydon, and echoed by others: “the SDVC is brilliant...having everyone in court trained about DV issues is just great—from ushers to Magistrates—to Legal advisors—to CPS...Thewaythecourts work has also sent out a message to the defence teams and perpetrators—there are just no soft options now and the safety of the victim is considered paramount. The integrated DV court is working now...ifthevictim is prepared and supported through the process at this time—results are good.” On the other hand, some members expressed frustration that SDVCs do not exist in their area or that progress to establish one has been slow. Even where SDVCs do exist, there are still problems concerning victims being kept informed about the outcomes of both criminal and civil justice processes. Some of the diYculties are caused simply by lack of coordination in court information systems. Also, the importance of the speed that the SDVC model oVers was recognised in relation to the safety that the process oVers the victim. However, according to some, following the law change on 1 July 2007 to make the breach of an injunction a criminal oVence, victims of domestic violence & their friends & neighbours will be less likely to report breaches as they will not want to participate in criminal proceedings as a witness.

Support for Victims, including Finance and Refuge Services Support services and refuges must be equipped to address the alcohol and substance misuse and mental health problems that are often present in domestic violence situations. Two practical factors deter victims from stepping away from an abusive relationship: accommodation and finance. “Financial hardships are one of the problems and reasons for women staying in a violent relationship and there seems to be no help out there for them unless they are totally reliant on legal aid with civil matters. Croydon authorities do interest free loans- but the hardship of victims who work in a lower paid job are very real. The government should provide money that would be available on a means tested basis so that they can start new lives.” The cost of relocation for victims is often prohibitive as is the cost of applying for non molestation orders. As pointed out by one member, “even though [an order] can only cost £70, if you have nothing as most victims do, £70 might as well be a million. They just cannot aVord it.” Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Financial problems for people with no recourse to public funds are particularly acute: “finding people who have no access to public funds accommodation in a refuge is practically impossible. The Southall Black Sisters campaign continuously on behalf of these particular victims but as yet there are no special funds available to help them.” “This is a totally unacceptable state of aVairs as many of the perpetrators know the situation of their partner and rely on this to stop them from leaving—thus near enough ‘enslaving them’.”

Refuges The overwhelming view is that more refuges are needed. Increased provision should help speed up the process of being allocated a space and reduce the chance that people will have to travel far to access a refuge and leave important networks of family and friends. Any identified problems relating to refuges were described as being “10 times worse” for male victims of DV. The sanctuary projects were cited as important safety options: ”Given how long the process of being relocated by the council can take, the Sanctuary Project plays a very positive role in making victims feel more secure.”

Multi Agency approaches and what Barriers exist to their Effective Operation DiVering arrangements around the country mean that the obligations set out in the Victims code of practice, which ensure that victims are kept informed and supported throughout their involvement with the CJS are not always implemented. For example, if a specialist IDVA service is performing what are usually witness care unit functions, victims may not be referred to the statutory victim contact service provided by probation. It is important that the right balance is struck between providing specialist support and ensuring that victims have access to the overarching rights set out in the Code.

Witness Service and IDVAs Our members have reported mixed performance in relation to joint work between IDVAs and the Witness Service. In some areas, the SDVC toolkit is followed and the Witness Service supports witnesses in court and at pre trial visits and IDVAs support witnesses/victims before, after and around court hearings. In other areas, IDVAs support victims at court, which can result in overcrowding of Witness Service facilities and duplication of precious resources. Borough boundaries often cause an issue with multi-agency approaches with individuals slipping through the support net as a result of agencies having diVerent accessibility criteria.

Other Issues Victim Support works with victims of the spectrum of domestic violence. It is our view that non-intimate partner violence is rarely captured by the SDVC, MARAC and IDVA structures. For example, we have supported parents who are physically abused by their teenage children. They may not qualify for an IDVA and likely to be reluctant to go to Social Services for fear of the stigma of their own parenting skills being analysed, and in case the child gets put into care. Parents often do not want the police involved as they do not want their children to have criminal records. There are often issues with education authorities, as the child may have been excluded from school due to their behaviour. If independent domestic violence advisers mainly support female victims, other victims will not benefit from the focused, skilled risk based approach of the IDVA model. Our members have also reported insuYcient support and refuge services for male victims. One of our services commissioned a survey of male clients and those who responded all mentioned that the major deterrent to engaging with any kind of support is the fear of not being believed or being suspected of being perpetrators. Language needs present challenges to services where there is no budget for interpreters. Any one borough may have over 100 languages. The vulnerability of a victim is much greater if she/he does not speak English. There should be far greater provision of easily accessible English classes, some of which should have cre`ches attached. 16 October 2007 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 289

APPENDIX 43

Memorandum submitted by Iranian and Kurdish Women’s Rights Organisation

Executive Summary The Iranian and Kurdish Women’s Rights Organisation (IKWRO) is a women’s and human rights advocacy group dealing with women, girls (and occasionally men, but only in “honour” killing cases) who speak Farsi, Kurdish and Arabic, many of whom are threatened with forced marriage and other crimes motivated by so-called family “honour”. IKWRO have given telephone support to thousands of callers and performed casework for hundreds of victims of domestic and ‘honour’-based violence. We believe: — Honour is a form of serious organized crime whose victims require support beyond that provided by domestic violence institutions. — Honour crime is a growing problem. — Many individuals within minority communities in Britain are suVering from human rights abuses. — Ignorance of “honour” based crimes within the public sector is risking lives. — The treatment of asylum seeking women is discriminatory and dangerous. — Forced marriage is a human rights abuse which must be addressed.

1. “Honour”: a Special Case So-called family “honour” is a patriarchal ideology of oppression. Women who make autonomous decisions, particularly relating to their private lives, are believed to have brought “shame” to their family. “Honour” crime is performed with the intent of limiting the psychological and physical freedom of women: “honour” killings are akin to lynching in their intent to maintain the oppression of women as a gender. It is the organized nature of these murders, where there is often a collective decision to kill, and a large conspiracy to evade justice, which makes them a special case when it comes to the protection of the potential victims and the prosecution of the perpetrators. Immigrant communities are tightly-knit; immigrant families are large, and will often collaborate in bringing about the murder. Potential victims, the majority of whom are young women who have led sheltered lives, need no less protection than those threatened by organized crime gangs; and this must include police protection and new identities. Domestic violence provisions are often inadequate and inappropriate for this purpose.

1. Domestic violence protection is inadequate SS was only nine years old when her family decided she should be married to her cousin who was fifteen years older than she was herself. Her father made her stop work to be married. SS fell in love with her boyfriend SF (now her husband) in 2002. Her family became suspicious. She was not allowed to make calls and was under constant surveillance. Her family arranged for her cousin to come over to the UK for a wedding ceremony. On the day of her wedding she took an overdose and so the wedding did not take place. She decided to leave home. The entire family: brothers, uncles and other cousins came looking for her and her partner. They feel SS has disgraced the family by marrying for love and not the partner they chose for her so they resolved to kill her. We learnt that they paid a bounty hunter/hit man to kill SS and SF. SS went to police in London, but police refused to provide any protection and sent them to the local council where they were told there were neither refuges for couples, nor for men. They were put in touch with IKWRO through one of the police station that SS contacted. We arranged meetings with the police to ensure their safety and to gain a referral to the council where they were eventually provided with safe accommodation.

2. A Growing Problem “Honour” crimes and “honour” killing have long been concealed by their perpetrators in Europe as part of the conspiratorial and collective nature of these crimes and they are concealed in statistics by being categorised as “domestic violence”. It is IKWRO’s perception that they are increasing: the independence of younger clashes with the cultural conservatism of elders who wish to maintain dominance leads to intergenerational conflict. There is a need to monitor so-called “honour” crime and forced. There is a need to actively educate the younger generation in their rights and the recourses available to them, and to activate the majority of the communities against “honour” oppression. Last year, IKWRO intervened in the cases of 12 women and two men facing death in the name of “honour”; this year IKWRO have been forced to intervene in over 60 cases, including three men. IKWRO have been forced to limit many of our services in order to organize protection for those at severest risk. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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IKWRO, like many other organizations working in the field of the protection of minority women, is severely under funded and reliant upon volunteers. It is not suYcient to say that organizations like our own require funding, although this is desperately true: it is also necessary to say that the work of protecting women should not be relegated to voluntary bodies but should be made part of the responsibility of government and the training of all public sector workers.

3. Human Rights in Question

“Honour” crime is the culmination of an ideology of male dominance. Women and girls originating from countries where the “honour” ideology is practiced may often be unaware of their rights under British law. Britain has a duty not just to uphold its rights but to spread awareness of them to all who live in this country, and to provide reassurance that the human rights of any resident will be protected. The Government should not be swayed by groups claiming to represent British minority communities who often defend or minimize the eVects and prevalence of human rights oVences. Britain should make an absolute commitment to full human rights for all and only cooperate with those who can prove their unreserved commitment to women’s equality through action, not words. Community groups that refuse to acknowledge and address the abuse of women; forced marriage and “honour” oppression do not merit funding or public recognition.

“Honour”: a Duty to protect

The most painful event for IKWRO this year was the emerging details of the murder of Banaz Mahmod, whose father and uncle and an accomplice were found guilty of organizing her murder. IKWRO learned that although Banaz approached police for protection on numerous occasions, appropriate measures or referrals were not made. If the police in this case made grievous errors through ignorance, then other public sector workers are even less informed. Women and girls whose families follow the ideology of “honour” often lead lives circumscribed by oppressive codes of behavior and have little contact with the outside world. Moreover, women and girls seeking support in issues of “honour” related violence or forced marriage may have only one chance to reach out. All public sector workers should be ready to provide immediate assistance to vulnerable individuals. Organisations should formulate their plans to assist and refer women, girls and men in danger in advance of any request for aid, as in the cases of “honour” violence and forced marriage there must be an immediate response. Surviving a first attempt on her life by her father, Banaz sought protection from a policewoman who disbelieved her story, characterising her as hysterical and attention-seeking and behaved in contravention of police guidelines, rejecting her and failing to follow up the case. PC Cornes has since been promoted despite her failure in this case. Banaz sought protection on numerous occasions from numerous oYcers, providing the name of those men found guilty and others that the police are currently pursuing. Banaz was never given protection or any kind of referral; police staVs seem to be unaware of the grave danger represented by the threat of “honour” violence. This tragedy shows how unprepared the police are to deal appropriately with so-called “honour”- based violence. “Honour” killings, as collective organised crimes of unparalleled brutality, need all public sector workers to be informed and ready to take action. The case of Banaz Mahmod should have the galvanising eVect on our police forces (and other public sector workers) as that of Victoria Climbie´ on our social services.

4. Asylum Seekers Face Violence and Discrimination

The most vulnerable of all people in our society are those women who face domestic or honour-based violence yet have “no recourse to public funding”. As an organization which deals with ethnic groups who are recent arrivals in Britain we often find women who are victims of extraordinary brutality on the part of their husbands but we are unable to find housing or a refuge for them due to their status. These women have the choice of living with constant, life-threatening violence, facing life on the street and destitution or returning to a country where they face violence or death. It is unconscionable that these women face such abominable choices.

Furthermore, we find that the Home OYce often rejects women’s asylum application based on violence where we believe the risk to their lives is very real. Women and men facing “honour” crime are in no less danger than political refugees yet, due to the diYculty in proving a family conspiracy against their lives, they may be sent to their deaths. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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3. Deportations threaten lives Azar was eleven years old when her father forced her to become the second wife of a man in his late forties. She decided to choose suicide over a lifetime of rape and doused her body with petrol and set fire to herself. Her father attempted to kill her on more than one occasion as she had brought “shame” to the family by refusing the marriage he had chosen for her, and by the public defiance of her suicide attempt. With 65% burns, Azar is seriously disfigured facially: the tops of her fingers are burnt away to the bone. Azar joined Zanan Jameh Irani, a woman’s rights organization; and for this she was imprisoned and beaten. While in prison she witnessed the rape of a prisoner by a policeman. She reported this incident despite threats against her, and the policeman lost his job. He vowed to kill her in reprisal. Azar was saved by her uncle who arranged for her to come to the UK for medical treatment where she applied for asylum which was denied. Azar was detained on the 7 November, and deported on the 8th. Azar’s deportation had previously been successfully stayed; Azar’s friends and supporters had no chance to repeat this success. Due to her disfigurement, Azar is very distinctive and easily identified by those who wish her harm; she has also been rejected by many for her appearance. She has no support; as a lone woman she must register with the police, risking re-arrests or information being leaked to the police oYcer who bears her a grudge. As a further insult, we note that many women and girls forced into marriage are unable to access the services of the Forced Marriage Unit due to their immigration status, yet we often encounter girls of Afghan, Kurdish and Turkish origin forced into marriage with no recourse to any service.

4. No recourse to public funding regulations threaten lives SA entered the UK in November 2004 on a marriage visa. Her husband became extremely violent (physically, mentally, sexually and financially) toward her soon after her arrival. To SA’s knowledge, her husband was a violent criminal. He told her that he didn’t love her and that he loved another woman with whom he had been having an aVair. He asked her to leave and threatened to kill her if she refused go back to her country. SA discussed her situation with her uncle (her legal guardian); he told her that she had not been a good wife to her husband and that she had no rights; she was not permitted return because this would bring shame to her family. We contacted police and at the same time tried hard to locate safe accommodation for her, but there were no places for her as she was not entitled to statutory welfare benefit, and had no income to pay toward her housing and living costs. The police couldn’t help her for the same reason. She decided to stay with a family friend, but her husband found out and threatened them, took her back and assaulted her. We managed to get an injunction and she can stay in the flat. We claimed asylum for her on the grounds of domestic violence: she is still waiting for her decision. During the last few months, she had no income to live on whatsoever.

5. Forced Marriage and “Honour”Killings

IKWRO believe there is an absolute correlation between the crime of forced marriage and crimes committed in the name of “honour”. In cultures where marriages are conducted between families, and where women are valued for their capacities for domestic labour and childbearing above all others, submission and chastity become the essential of a woman’s worth in life. It is precisely the nature of marriage as a transaction between families that creates the condition of “shame” for a family suspected of passing on unacceptable merchandise. Forced marriage is often in itself an honour crime, used as a punishment for girls who defy parental authority and as a means to increase masculine control over a woman. IKWRO believe that protection of victims is insuYcient to eliminate forced marriage and that there must be deterrents. We urge that police actively prosecute parents involved in forced marriage as accomplices to rape or child abuse, and where the victim has been taken abroad, for sexual traYcking. Marriage celebrants should be made responsible for verifying both the ages and the consent of potential spouses and should also be prosecuted under the strongest provisions of current law if they knowingly perform a forced or underage marriage. We also support the idea advanced by the Conservative party that marriages abroad should be registered in advance before there is any entitlement to British citizenship to ensure that the British spouse is aware of the proposed marriage and consents to it. IKWRO regrets that forced marriage was not criminalized fully when there was an opportunity to do so, and we believe this option should be reconsidered if monitoring (as suggested in paragraph 2) reveals there is no decrease. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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5. Forced marriage as honour crime IKWRO were contacted by B, a 14 year old girl from a country in Central Asia. Her father had discovered she had formed a friendship with a boy, and had been chatting with him on her mobile phone. To punish her, he threatened to kill her, but compromised in proposing to marry her to his handicapped nephew in his fifties, who lives in a village “back home”, describing her as a “gift” to him. S’s father had been threatening her with a knife that he recently bought and told her that he had bought it for the purpose of her murder. Social services located a foster family for her. 13 November 2007

APPENDIX 44

Memorandum submitted by Amnesty International

Amnesty International Amnesty International is a world-wide membership movement. Amnesty International’s vision is of a world in which every person enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights instruments. In pursuit of this vision, Amnesty International’s mission is to undertake research and action focused on preventing and ending grave abuses of these rights.

Introduction The United Kingdom national section of Amnesty International (AIUK) has prepared this submission. AIUK welcomes the decision of the Home AVairs Select Committee to undertake an inquiry to assess the implementation of the Domestic Crime and Victims Act 2004. Amnesty International believes that violence against women is one of the greatest human rights scandals of our times, with one in three women being beaten, coerced into sex or otherwise abused in their lifetime.274 The experience or threat of violence aVects the lives of women everywhere, cutting across boundaries of wealth, race, and culture. Addressing violence against women through the human rights framework specifies government’s obligations under international law to promote and protect all women’s rights. AIUK recognises that violence against women is a global issue on which we focus and campaign on both internationally and here in the UK. In the course of campaigning to end violence against women in the UK, we have found that a particularly vulnerable group of women attempting to flee violence are failing to be suYciently protected and supported by the UK government due to the eVect of the “no recourse to public funds” rule. This submission contains initial findings from a forthcoming AIUK report on the impact of the “no recourse to public funds” rule on women fleeing violence and we hope this information will encourage the committee to address this issue during their inquiry.

1. The “no recourse to public funds rule” As the committee will be aware the majority of immigrants entering the UK have restrictions upon their visas, the most common of which is the “no recourse to public funds” condition. In most cases they will not be able to claim any of the benefits, tax credits or housing assistance that count as public funds.275 Usually, women who are fleeing violence and enter refuges are able to do so by claiming housing benefit to pay for their rent and income support to provide minimum financial support during their stay. However, women who have “no recourse to public funds” cannot claim housing benefit and thus have restricted access to refuges, which means that they are likely to either remain in a violent situation or face destitution. 2. Women fleeing violence who are aVected by the “no recourse to public funds” rule include women from EU Accession countries who have either been in the UK for less than 12 months or who are not registered under the Workers Registration Scheme, women who have become overstayers, some of whom have remained due to the situation of control and violence, women who have been traYcked into the UK and women on spouse, student, tourist and work visas. 3. There are no accurate figures to indicate the number of women fleeing violence who are aVected by the “no recourse to public funds” rule. Unfortunately most of the figures can only be estimated on the basis of the numbers of the few women who are able to get access to refuges. This can happen because the refuge

274 Heise, L Ellsberg M and Gottemoeller Ending Violence Against Women Population reports No 11 1999. 275 http://www.ind.homeoYce.gov.uk/applying/generalcaseworking/publicfunds Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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themselves will cover the costs of their stay or the local authority will accept some responsibility to house the woman and where relevant their children. During the course of our research we came across the following estimate/indicatory figures: — Scottish Women’s Aid reported in February 2007 that on average 1% of inquires received by their groups concerned women with no recourse to public funding. — Southall Black Sisters in 2006 estimated that there are 600 women in the UK with insecure immigration status facing violence form their spouse each year. —Inanad hoc survey amongst its group members in 2007, Welsh Women’s Aid found that 2% of all women in refuges had no recourse to public funds. — In 2006 Women’s Aid refuges across Northern Ireland provided accommodation for 72 women with “no recourse” and their 46 dependents, most of whom were EU Accession 8 nationals. — The Home OYce estimated in 2003 that 4,000 women were traYcked into the UK for sexual exploitation. It is thought the figure may have grown since.

4. The impact upon victims of domestic violence As indicated above it is hard to estimate the number of women trying to flee violent situations aVected by the “no recourse to public funds” rule, as there has been no nationwide research or data collection concerning this issue. Therefore it is impossible to tell how many women with “no recourse” are calling Women’s Aid, Refuge and other service providers each year. What is clear is that many service providers will feel compelled to tell women that if they have “no recourse to public funds” then they are unlikely to be able to access a refuge. In a situation where it can take several attempts by a woman to break free from violence, the fact that she is not guaranteed access to a place of safety has a negative impact on her ability to escape and can prevent her from even trying. Research has shown that women in general can suVer up to 35 incidents of violence before they seek help.276 “We are really concerned about a woman, lets call her Yasmin, who came to us a few months ago. Yasmin left her husband after months of violence, physical, psychological and sexual violence, she had attempted suicide twice. We took her and her two children to the diVerent council departments, including housing and social services, but they all said that they wouldn’t help because she wasn’t entitled. There was already a woman with no recourse to public funds staying at our refuge so we couldn’t take her on and when we called around neither could anyone else. The housing department told us to take Yasmin to claim asylum, so this is what we did but when we took her she was detained by the Home OYce in Liverpool. They wouldn’t listen to us about the support and help she needed and because we had no where else to place her we didn’t know what to do. We then lost touch with her, the mobile number she had no longer worked. Then at the beginning of this month [October 2007] we got a call from a man who claimed to be Yasmin’s husband, seemingly she had gone back to him, but has fled again with the two children. No one knows where she is and we are really worried about her. We knew that Yasmin and her children were at risk but we were stopped from helping”.277 5. When there is no possibility of finding an alternative and safe place for the woman to stay, it greatly reduces the likelihood that she will be able to help the police with their investigations. The police can be reluctant to pursue a case where the woman is still in the home with the perpetrator or his/her family members. In the case of women with “no recourse to public funds” often the owner or leaseholder of the family home is a family member not the partner, this means that the method of ejecting the perpetrator is not used. Furthermore where a husband is moved out of the home, the woman often feels extremely unsafe remaining in a property known to the perpetrator, his family, friends and often the community and would rather be out of the house herself. 6. As referenced in paragraph 3, where women are able to access a refuge space this is often because the refuges themselves allocate a space for women with “no recourse” whose costs they will cover from their own limited funds. Alternatively the Local Authority covers the costs. However, during our research it became apparent that more often than not this only happens after a protracted fight, during which time the woman has no guarantee of accommodation. Sustained advocacy by legal advisers is usually required before Local Authorities accept their obligations to these women. On 16 February 2006 the Home OYce wrote to Local Authorities to inform them that they may be able to support women subjected to “no recourse” rule who are fleeing violence. In this letter they listed the diVerent forms of legislation that they might be able to support the women under but failed to indicate that any extra funds would be made available for them to do so. This has not therefore resulted in guaranteed access to refuges for women fleeing violence who are subjected to this rule. 7. During the course of our research AIUK has found that some Local Authorities refuse to house women and their children aVected by the “no recourse to public funds rule” in any circumstances. Many Local Authorities do provide women with children support under the obligations deriving under s 17 of the

276 www.victimsupport.org.uk 277 From an interview with refuge worker dated 19 October 2007. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Children’s Act but only on a case-by-case basis. AIUK have also found that before agreeing to pay for a woman with children who are fleeing violence and are subjected to the “no recourse” rule to stay in a refuge, most of the Local Authorities will first indicate that they could take the child into care in order to fulfill their obligations. Some women have been told that their husbands or their families, (that in some instances are the very perpetrators of the violence against them), could take the child and they can return home. When presented with these options, many women fleeing violence will stop pursuing support from the Local Authority and they will either return to their husbands or expose themselves to the very real risk of exploitation amongst other family members or strangers within their community. “Social workers in London spoke to my husband to get him to support me. He told them that he would take our daughter and that I could be deported. They came back and asked me if I would do this. I said no way I won’t give him [a husband who had beaten her and allowed his mother to beat her in front of her child] my daughter. Because of my status problem there is an issue with the refuge, that’s why he said give me my daughter and deport her.278 8. Even where Local Authorities have agreed to provide support for women with children they often put time limits on the support of two weeks, one month or three months. When each deadline approaches the fear of losing their place of safety has a negative eVect upon the woman. This could be solved by ensuring that women fleeing violence have access to housing benefit and income support in their own right giving them stability in recovering from the violence they have been subjected to. 9. Women who have fled without dependents rarely get support from Local Authorities. In the cases where women without dependents have managed to escape the violence it is because either they have managed to access a refuge when the allocated “no recourse” bed is free or they rely on extended family members, strangers in the community or finding work to support themselves. In all of the latter situations they may remain vulnerable to exploitation.

10. The UK Government Response In 1999 the Government publicly recognised the need to provide women with uncertain immigration status a route through which to secure certain status. They did this by introducing the domestic violence concession, which was then introduced in the immigration rules as the Domestic Violence Rule in 2002. Under the domestic violence rule a woman who is a spouse or long-term partner of a British national or somebody who is settled here can apply to stay in the UK permanently if their relationship breaks down during the two-year probationary period and she can prove that domestic violence was the cause of the relationship breakdown. In 2004 the UK Government recognised the problems caused by the “no recourse” rule and made two payments of £40,000 to a “last resort” fund to deal with the problem. This money ran out in 2005 and has shown that ad hoc solutions are not sustainable. These women need certainty—to know that when they flee violence they can get help. 11. Despite the UK Government’s recognition of the need for the Domestic Violence Rule and some form of support for women fleeing violence it is failing to enable women to access safety by guaranteeing them the resources to do so. This eVectively traps women in a cycle of abuse or destitution and has severe consequences for the women concerned, their children and those trying to support them. International human rights conferences and bodies including the Council of Europe have stated that minority women with uncertain immigration status are particularly vulnerable and should be accorded greater assistance and protection when fleeing violence. Other countries have introduced similar provisions to the UK Domestic Violence Rule but crucially also provide women with public funds in order to live whilst pending an application. Although the process is being speeded up, at present it can still take up to two years for applications under the Domestic Violence Rule to be considered. 12. How other countries tackle the issue: — In Austria any woman irrespective of her immigration status is entitled to access a refuge and living costs if she applies for an injunction issues divorce proceedings on the basis of the violence or obtains a report from a social institution confirming she is a victim of domestic violence. — In Canada, spouses automatically become permanent residents on arrival, as there is no probationary period. Spouses whose marriages break down due to domestic violence are entitled to emergency housing and living costs. Costs are retrieved from the sponsor, provided there is no risk of further risk or reprisals against the victim or dependants. This principle is applied across Canada although there is minimal variation in application across states and territories. — In the USA, all immigrants (including overstayers and illegal entrants) qualify for federally funded emergency and short-term shelter and housing programs, as well as other forms of state and federally funded assistance necessary to “protect life and safety”. Shelter programmes that refuse to accommodate immigrants are liable to being charged with discrimination in violation of federal law and losing their federal funding. In the USA, the 1994 Violence Against Women Act introduced provisions to battered immigrants to apply for permanent residency in the US if they were subjected to abuse by the US based spouse or parent. Immigrants suVering abuse are entitled

278 5 Interview on September 14 2007. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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to obtain access to domestic violence shelters and depending on state policy to income maintenance, nutrition assistance and health care pending an application under VAWA 1996. Maintenance costs are retrieved from the sponsor as in Canada.

Conclusions and Recommendations By not providing adequate support for these vulnerable women AIUK believes that the UK government is failing to uphold its international obligations (including the International Covenant on Civil and Political Rights and the Convention Elimination of Discrimination Against Women) which direct states to respect, protect and fulfill the human rights of all those living within their jurisdiction. We believe that wider immigration concerns are preventing the government from protecting these women. We urge the committee to seriously consider recommending that an amendment might be made should a review of the Act take place, or whether an alternative piece of legislation or change in practice could overcome the no recourse rule for women fleeing violence. AIUK is still consulting with various stakeholders to develop how the UK government might best address the no recourse rule for women fleeing violence. Our current thinking centres around three areas.

Immediate Until women fleeing violence who are subject to the “no recourse rule” are guaranteed protection (either by a change in legislation or practice), the UK Government should immediately make adequate funds available to service providers to cover the cost of housing and financially supporting women with “no recourse”.

Medium In the medium term the Home OYce should make it compulsory upon Local Authorities to provide housing benefit and income support to all women fleeing violence and give them the resources to be able to adequately do so.

Long term The UK Government should either amend existing legislation or introduce primary or secondary legislation that guarantees indefinitely the right for women to access safe and secure housing and financial support while they are fleeing violence. 19 December 2007

APPENDIX 45

Memorandum submitted by the Family Practice Press

The Temporal Lobe Timebomb “When you hear the diagnosis, you and your loved ones will probably experience many of the same emotional reactions: denial, anger resentment, depression, resignation and acceptance. You may feel traumatized and depressed. While you cannot forget the news you have just received, it is common to become numb and hide or deny your initial feelings. The denial can last a few days to a few weeks, or even a few months. This initial stage is a very common reaction.” American Brain Tumour Association statement

Introduction Following a number of violent attacks on myself and my son, after he was born my ex-wife was referred to psychiatrist who suspected a brain tumour. She then had two EEG tests which indicated a lesion. Her personality had also changed completely, the first sign of a tumour. There was consideration as to whether she had a Borderline Personality Disorder or a brain tumour. The Law states that a woman can have a “suspected personality disorder” but can only be labelled as such when she has committed a crime! Although her condition cannot be proved until further exploratory surgery, it is likely that she may have a meningioma. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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What is a meningioma? A meningioma is a type of tumour that develops from the meninges, the membrane that surrounds the brain and spinal cord. There are three layers of meninges, called the dura mater, arachnoid and pia mater. Most meningiomas (90%) are categorized as benign tumours, with the remaining 10% being atypical or malignant. However, the word “benign” can be misleading in this case, as when benign tumours grow and constrict and aVect the brain, they can cause disability and even be life threatening. In many cases, benign meningiomas grow slowly. This means that depending upon where it is located, a meningioma may reach a relatively large size before it causes symptoms. Other meningiomas grow more rapidly, or have sudden growth spurts. There is no way to predict the rate of growth for a meningioma, or to know for certain how long a specific tumour was growing before diagnosis. Most people with a meningioma will only have a tumour at only one site, but it is also possible to have several tumours growing simultaneously in diVerent parts of the brain and spinal cord. When multiple meningiomas occur, more than one type of treatment may have to be used. Meningiomas vary in their symptoms and appropriate treatment options depending on where they are located. A primary brain tumor originates in the central nervous system, while metastatic brain tumors spread to the brain from other parts of the body. Meningiomas account for about 27% of primary brain tumors, making them the most common of that type.

Who is at risk? Meningiomas are most common in people between the ages of 40 and 70. They are more common in women than in men. Among middle-aged patients, there is a marked female bias, with a female: male ratio of almost 3:1 in the brain and up to 6:1 in the spinal cord. Meningiomas are very rare in children, with paediatric cases accounting for only 1.5% of the total. There is also the added problem that when tumours are sited on the Left Hand Temporal Lobe, the patient has no insight into his or her behaviour as the tumour actually switches oV the insight. What is even more interesting and refers directly to problems encountered by numerous mothers after childbirth is as described by John R Mangiardi, MD and Howard Kane, Wm. The meningioma is the neurosurgeon’s “friend” and often his most enduring challenge. For both the physician and patient, this tumor carries a true tag of benign. It also carries the possibility of “cure” in approximately 80% of cases. Thus, the long-term outcome for a patient with this tumor is a direct function of the skill and assiduousness of the surgeon who removes it. Elsewhere in the Brain Surgery Information Center’s Primer on Brain Tumor Biology, it was mentioned that “benign” often does not really mean benign. Be assured that in this case, the tumor really is benign.

As mentioned earlier in the Primer, each type of brain tumor arises from a specific cell type. The cell of origin for the meningioma is call the arachnoid cap cell, found on the surface coverings (called meninges) of the brain in the paccionian granulations. These serve as the one-way valve system between the water system of the brain and the veins that drain from the brain to the heart. Interestingly, these tumors have an embryologic relationship with cells found in the muscle layer of the utereus. In fact, it is exceedingly diYcult for the pathologist to distinguish the meningioma from the fibroid tumors of the utereus under the microscope. Also, they share the characteristic female hormonal receptors (estrogen and progesterone) on their cell surfaces. This characteristic has lead to the testing of anti-estrogen receptor agents, such as tamoxifin, as a growth-inhibiting agent in these tumors. Clinical studies to date have failed to provide siginificantly positive results. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Meningiomas are rarely malignant in their behavior. But when malignant, meningiomas grow rapidly and are destructive; they are quite diYcult to treat, and recur oftentimes in less than a year after surgical removal. They are also diYcult for the pathologist to diagnose under the microscope. Probably the only finding that correlates well with the diagnosis is that of numerous cells seen in division (“mitosis”). The pathologist may occasionally speak of brain and skull invasion, cells with an abnormal appearance, or other bizarre findings, however none of these completey fit the diagnosis. Ultimately, the diagnosis is determined by the activity of the particular tumor over time. A cousin to the meningioma is the hemangiopericytoma. The cell of origin for this tumor is the perivascular pericyte (located around blood vessels). Although very similar to the benign meninigiomas, these tumors tend to recur with great rapidity (less than one year) and frequency. Some physicians classify these tumors with the malignant meningiomas.

Lack of Insight—A Barrier to Voluntary Treatment “Lack of insight” (the inability of a person to realize, or accept, that he is suVering a mental illness) has long been believed to stem from defensive denial, partly because of the stigma associated with these diseases. While denial no doubt contributes to some people with mental illness refusing treatment, research shows that lack of insight just as frequently results from the underlying brain disorder itself. The brains of those who suVer from this particular symptom of mental illness are often structurally diVerent from those who do not. Treatment refusals stemming from lack of insight are thus not “informed medical decisions.” It is the malfunctioning of the brain itself that causes the impaired decision-making. There is nothing civilly right about denying treatment to people with impaired decision-making who are too sick to obtain help for themselves. Many scientists in numerous professional publications have reported significant correlation between poor insight and deficits in frontal lobe functioning. Others, some of whom are quoted below, have reported on the devastating consequences of the lack of insight: Impaired insight is a very common symptom of schizophrenia and bipolar disorder. Both inpatients and outpatients with schizophrenia and bipolar disorder (manic depression) have shown the same rate of unawareness: about 50%. (Husted J Journal of the American Academy of Psychiatry and Law Vol 27, no 1, 1999. Amador X, et al. Archives of General Psychiatry, 1994. Being unaware of being ill⁄lacking insight⁄is strongly correlated with non-adherence to treatment. (Amador X; Strauss D; Yale S; Gorman J and Endicott J, The American Journal of Psychiatry 150:873–879, 1993.) Patients with schizophrenia and schizoaVective disorder with poor insight have very poor adherence to either psychosocial treatment or medication even when they have expressed their desire to participate and work at the program. (Lysaker P; Bell M; Milstein R; Bryson G and Beam Goulet J, Insight and Psychiatry Vol 57, November 1994.) Lack of insight not only leads to noncompliance with community treatment but leads to the revolving door of involuntary hospitalizations. (McEvoy J, Freter S, Everett G, Geller J, Appelbaum P, Apperson L and Roth L, Journal of Nervous and Mental Disease 177(1): 48–51, 1989.) There have been fewer studies of insight as it relates to aVective disorders such as bipolar disorder, nevertheless, as in schizophrenia, studies of aVective disorders find that lower levels of insight are correlated with a poorer course of illness, lack of adherence to treatment and increased involuntary hospitalizations. (Ghaemi N and Pope H, Jr, Lack of Insight in Psychotic and AVective Disorders: A Review of Empirical Studies. Harvard Review of Psychiatry, May/June: 22-33, 1994. Also see Amador et al, Unawareness of Illness in Schizophrenia, SchizoaVective and AVective Disorders. Archives of General Psychiatry, 1994.) The inability of the noninsightful patients to understand they have a brain disorder or to accurately evaluated their living conditions and plan for daily needs supports the necessity for some form of “community Assisted Treatment.” Without supervision or court order, the person may not seek treatment, or if temporarily coerced into treatment when hospitalized, be unable or unwilling after discharge to comply with the treatment regime. (Husted, J, Journal of the American Academy of Psychiatry and Law Vol 27, no 1, 1999). This vital piece of the jigsaw to find the cause of my ex-wife’s problem is key to understanding the problem and the mistakes made by numerous professionals. Her father had a benign tumour on the left hand side of his brain removed which gives the genetic link to her problems. However, she had an ovarian cyst removed before we were married in July 1987. This was considered as a “one-oV” by the specialist Dr Lloyd and Dr Martin Scurr by the term “no sequalae.” What they never considered was that the ovarian cyst which, as you can see above is a cousin to a meningioma, could have been the secondary to the tumour growing in her brain—the silent killer. Her calm behaviour during pregnancy can be explained by the lack of estrogen feeding the tumour. When my son was born there was a rush of the hormone into her body thus feeding the tumour which had a growth spurt. Thus, subconsciously she blamed my son for her change of behaviour. One can easily see the mistakes made by lawyers and doctors alike after this change, they had never met her before thus accepted her as a diYcult subject to deal with, outwardly pretty and treasonable, with this crazy husband who kept complaining about her behaviour. Another problem was that, given the site of the tumour, she could not remember her extreme behaviour when questioned. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Therefore you can see of the danger of the blanket diagnosis of Personality Disorder when a tumour could be the cause of many of the problems in our prisons. St Andrews Hospital also informed me that a patient can have a Personality Disorder but cannot not have one with a positive EEG. This blanket supposition has clearly put children in danger and many may have died.

A vital task for Government and the Law is to consider a review of all child abuse cases involving suspected Personality Disorder? As you can see women are three times more likely to suVer than men, this could solve a lot of child abuse cases and bring treatment of those female suVerers before they are sent to prison. It will also aid lawyers in the Family Division when preparing child abuse and domestic violence cases.

Borderline Personality Disorder (BPD)

Borderline Personality Disorder (BPD) is one of the most controversial diagnoses in psychology today. Since it was first introduced in the DSM, psychologists and psychiatrists have been trying to give the somewhat amorphous concepts behind BPD a concrete form.

Some researchers, like Judith Herman, believe that BPD is a name given to a particular manifestation of post-traumatic stress disorder: in Trauma and Recovery, she theorizes that when PTSD takes a form that emphasizes heavily its elements of identity and relationship disturbance, it gets called BPD; when the somatic (body) elements are emphasized, it gets called hysteria, and when the dissociative/deformation of consciousness elements are the focus, it gets called DID/MPD. Others believe that the term “borderline personality” has been so misunderstood and misused that trying to refine it is pointless and suggest instead simply scrapping the term.

What causes Borderline Personality Disorder?

It would be remiss to discuss BPD without including a comment about Linehan’s work. In contrast to the symptom list approaches detailed below, Linehan has developed a comprehensive sociobiological theory which appears to be borne out by the successes found in controlled studies of her Dialectical Behavioral Therapy.

Linehan theorizes that borderlines are born with an innate biological tendency to react more intensely to lower levels of stress than others and to take longer to recover. They peak “higher” emotionally on less provocation and take longer coming down. In addition, they were raised in environments in which their beliefs about themselves and their environment were continually devalued and invalidated.

DSM-IV criteria

The DSM-IV gives these nine criteria; a diagnosis requires that the subject present with at least five of these. In I Hate You—Don’t Leave Me! Jerold Kriesman and Hal Straus refer to BPD as “emotional hemophilia; (a borderline) lacks the clotting mechanism needed to moderate his spurts of feeling. Stimulate a passion, and the borderline emotionally bleeds to death.”

Traits involving emotions:

Quite frequently people with BPD have a very hard time controlling their emotions. They may feel ruled by them. One researcher (Marsha Linehan) said, “People with BPD are like people with third degree burns over 90% of their bodies. Lacking emotional skin, they feel agony at the slightest touch or movement.”

1. Shifts in mood lasting only a few hours.

2. Anger that is inappropriate, intense or uncontrollable.

Traits involving behavior:

3. Self-destructive acts, such as self-mutilation or suicidal threats and gestures that happen more than once.

4. Two potentially self-damaging impulsive behaviors. These could include alcohol and other drug abuse, compulsive spending, gambling, eating disorders, shoplifting, reckless driving, compulsive sexual behavior. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Traits involving identity: 5. Marked, persistent identity disturbance shown by uncertainty in at least two areas. These areas can include self-image, sexual orientation, career choice or other long-term goals, friendships, values. People with BPD may not feel like they know who they are, or what they think, or what their opinions are, or what religion they should be. Instead, they may try to be what they think other people want them to be. Someone with BPD said, “I have a hard time figuring out my personality. I tend to be whomever I’m with.” 6. Chronic feelings of emptiness or boredom. Someone with BPD said, “I remember describing the feeling of having a deep hole in my stomach. An emptiness that I didn’t know how to fill. My therapist told me that was from almost a “lack of a life”. The more things you get into your life, the more relationships you get involved in, all of that fills that hole. As a borderline, I had no life. There were times when I couldn’t stay in the same room with other people. It almost felt like what I think a panic attack would feel like.” Traits involving relationships: 7. Unstable, chaotic intense relationships characterized by splitting (see below). 8. Frantic eVorts to avoid real or imagined abandonment. — Splitting: the self and others are viewed as “all good” or “all bad.” Someone with BPD said, “One day I would think my doctor was the best and I loved her, but if she challenged me in any way I hated her. There was no middle ground as in like. In my world, people were either the best or the worst. I couldn’t understand the concept of middle ground.” — Alternating clinging and distancing behaviors (I Hate You, Don’t Leave Me). Sometimes you want to be close to someone. But when you get close it feels TOO close and you feel like you have to get some space. This happens often. — Great diYculty trusting people and themselves. Early trust may have been shattered by people who were close to you. — Sensitivity to criticism or rejection. — Feeling of “needing” someone else to survive. — Heavy need for aVection and reassurance. Some people with BPD may have an unusually high degree of interpersonal sensitivity, insight and empathy

9. Transient, stress-related paranoid ideation or severe dissociative symptoms. This means feeling “out of it,” or not being able to remember what you said or did. This mostly happens in times of severe stress.

Miscellaneous attributes of people with BPD: — People with BPD are often bright, witty, funny, life of the party. — They may have problems with object constancy. When a person leaves (even temporarily), they may have a problem recreating or remembering feelings of love that were present between themselves and the other. Often, BPD patients want to keep something belonging to the loved one around during separations. — They frequently have diYculty tolerating aloneness, even for short periods of time. — Their lives may be a chaotic landscape of job losses, interrupted educational pursuits, broken engagements, hospitalizations. — Many have a background of childhood physical, sexual, or emotional abuse or physical/ emotional neglect.

Conclusion

There are only 3,000 brain tumours a year in the UK, thus few GPs see a suVerer and his or her relatives. the fact that meningiomas as three times more common in women than men must flag up concern that not enough research ahs been done on the subject as the current statistics do not reflect this number.

We would ask for an immediate Royal Commission for research into brain tumours and their cause of domestic violence in particular. 7 January 2008 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 46

Memorandum submitted by Southall Black Sisters

1. Introduction We welcome the opportunity to make this written submission to the above inquiry. It is hoped that the Committee will appreciate that discussions about black and minority women should not be ghettoised and that all legislation, policies and initiatives on domestic violence should be assessed from the point of view of their impact on black and minority women. In view of the word constraint on written submissions, we encourage the Committee to consider oral evidence from members of our group including our users, to understand and assess in greater detail the strengths, weaknesses and gaps that exist in current legislation and policies as it impacts on the experiences of black and minority women subject to domestic violence. In this submission, we identify two of the most significant areas of concern to black and minority women in the UK today. In our view, they represent their greatest barriers to protection. At the end of this submission we briefly mention other areas of concern, although the list is by no means exhaustive.

2. The “No Recourse”Problem279 The domestic violence rule was incorporated into the immigration rules in 2002.280 It enables women who arrive in the UK following marriage to a settled spouse to apply for leave to remain in the UK indefinitely if their marriage breaks down due to domestic violence. To be eligible under the domestic violence rule, the applicant must demonstrate that she is a victim of violence by providing evidence in the required form. However, following arrival to this country, the vast majority of women who are abused are unable to utilise the domestic violence rule because of the existence of the “no recourse” requirement within immigration and welfare rights legislation. A condition of entry for spouses or partners is the requirement not to claim benefits or any form of public assistance that is regarded as “public funds” under the rules. This condition remains in place until their immigration status is regularised. As is now well documented,281 the rule has the eVect of locking women in abusive relationships since they cannot access emergency housing or benefits. Access to housing and benefits are acknowledged by the government as essential prerequisites for all victims wishing to escape domestic violence because they provide an initial safety net,282 yet this recognition is denied to women who have an insecure immigration status and in doing so, the government puts them outside the scope of the protection aVorded by domestic violence legislation and policies. Abusers are well aware of the economic dependency that is created by the rule and this in turn, gives them a licence to abuse with impunity. They know that abused women have nowhere to go and no means of supporting themselves. Most are unable to return to countries of origin due to fear of rejection or persecution from families and the wider society for being divorced or separated and the lack of State protection. The result is that many women endure the most horrific violence and abuse imaginable in which starvation, domestic servitude and imprisonment are common features. Needless to say, mental health problems, depression and suicide attempts also feature strongly in such cases. Between 2001 and 2003, SBS undertook a survey aimed at monitoring the impact of the domestic violence concession/rule. Over a 100 agencies, mainly refuges responded. The majority stated that the “no recourse” requirement prevented women from reporting domestic violence because they were unable to obtain welfare benefits and emergency local authority accommodation or access women’s refuges. The response showed that only a third of all women who had immigration problems were accommodated in refuges and that specialist black and Asian women refuges bore the brunt of accommodating women with no recourse because of their language and cultural needs. Most refuges were unable to sustain the severe drain on their resources which is inevitably incurred when accommodating women who cannot access any form of benefits such as housing benefit to pay for rent or income support to cover basic living costs. In 2004–05 a Women’s Aid survey found that there were 477 women with no recourse problems in refuges, and on a census day (2 November 2005), 177 women and their children with no recourse to public funds were provided with refuge-based services. Of these, 54% were partially funded via social services, the remaining 81 women and children were supported by charitable donations. An additional 54 were turned away because refuge providers could not aVord to support them.283 Women’s Aid concluded that women were mainly

279 We refer you to our submission to the OYce for the Prime Minister for a detailed analysis of the Domestic Violence Rule and “No recourse” and suggestions for reform. (not printed.) 280 Prior to 2002, the domestic violence and immigration concession was introduced in 1999 following Ministerial consultation with SBS. 281 See SBS submission to the Home OYce AVairs Select Committee on Immigration Control in 2006. 282 See Safety and Justice, The Government’s Proposals on Domestic Violence (Home OYce: London, 2003). 283 Dr E Williamson 2005 Survey of Domestic Violence Services Findings Women’s Aid Federation of England, March 2006. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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being accommodated because the government had made a one-oV payment to their Last Resort Fund, which had supported many of the women. However, it was predicted that the numbers supported were unlikely to rise in 2006 because of the depletion of funds.

Since the demise of the Last Resort Fund, many refuges complained that they are unable to accommodate women with no recourse. For example, in 2006, Ealing Women’s Aid based in the London Borough of Ealing reported about a 50% refusal rate (out of a total of 20 women) for women with no recourse. This state of aVairs is repeated throughout the country. Many refuges are turning away women with no recourse. And all front line services including the police struggle to find safe alternatives for women and children.

Although there is no restriction against working (except for students and overstayers), even if women manage to leave an abusive situation, they are unable to work due to trauma, lack of English or other skills, the presence of young children and the lack of child care. Some cannot obtain an NI number because they cannot prove their identity. In most cases, all documents and immigration papers are retained by abusive husbands/partners and or their families.

Our experience also shows that many women want their abusers to be held accountable through prosecutions or civil court injunctions but without security of accommodation and financial help, they have no option but to remain with their abuser. This often results in the withdrawal of allegations and legal actions.

The “no recourse” requirement has an inhumane impact on children too. Many destitute abused women who are pregnant or with young children are being turned away by local authorities who refuse to assist or interpret their duty to protect children under for example the National Assistance Act 1948 or Children Act 1989, extremely narrowly. Often the response is to take the children but not the mother into care or oVer to pay for a flight back home to countries of origin, irrespective of the conditions or harm they will face in that country. Cases in which children are involved can be very diYcult to address because local authorities remove or threaten to remove children from the care of destitute women who have no accommodation and instead take steps to ensure that residence is awarded to abusive fathers. It is clearly disturbing to see that the standards of protection for children in the wider society are not being applied in cases where such women have insecure status.

Single women have even less of a chance of obtaining local authority assistance, even thought many are vulnerable. The help that is aVorded to them is very much dependant on the stance taken by a particular local authority. It is a post code lottery situation.

The desperate circumstances of such women, places a heavy, indeed impossible burden on charitable individuals and organisations such as women’s groups and churches, temples and mosques to accommodate and support women. An extremely worrying trend observed by SBS, is the sheer dependency that is created on total strangers. As is inevitable, such dependency is a “hit and miss” aVair and extremely undesirable since it can expose women to unscrupulous individuals who take advantage of their vulnerability, subjecting them to further economic and sexual abuse. Turning to religious institutions for help is also an extremely dangerous step for many Asian and other minority women, since they are encouraged to reconcile with abusive partners for the sake of preserving family honour. We are of the view, that if this was the experience of women in the wider society, an outcry would ensue compelling the government to take appropriate measures to enable women to access safety and protection.

The continuing existence of the “no recourse” requirement has led to widespread condemnation of the government’s policy on domestic violence because it is unjust and profoundly discriminatory towards women who do not have settled status. Moreover, it defeats the very purpose of the domestic violence rule284 since the vast majority of women are unable to report their experiences in the absence of safe and secure options of exit and survival. If they cannot report their experiences, they cannot show that they have been subject to violence and thus fail to qualify under the domestic violence rule. It is a vicious cycle from which it is diYcult to break out.

The continuing existence of “no recourse” requirement also forces refuges and other charitable organisations to subvert the very principles upon which they are based, which is to uphold the human rights and dignity of all women and children irrespective of background. Instead, they are compelled to perform an immigration control function by denying black and minority women access to their services.

284 On 26 July 1999, Margaret Moran MP raised a question in the House of Commons about the purpose of the (then) domestic violence concession. In reply the Home OYce Minister, Mike O’Brien stated: “The domestic violence concession has been introduced for overseas spouses who wish to remain in the United Kingdom, but who wish to leave their partner because of domestic violence before completion of the 12 month probationary period. The concession allows them to settle in the United Kingdom even if they are no longer living with their sponsor provided they comply with the conditions set out in the concession.” Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Proposals for reform on no recourse Space does not permit us to outline in detail the proposals we have made for reform in this area. However, we highlight the following and refer you to our submission to the OYce of the Prime Minister for details. (not printed.) — Exempt women who are subject to domestic violence from the “no recourse” to public funds by amending relevant immigration/welfare benefits and homelessness rules. Funds could be retrieved from abusers at the discretion of the Home Secretary, provided there is no risk of reprisals to the victim. — Create a special fund for all victims of domestic violence subject to “no recourse”. It could be financed by the Victim Fund or other sources.

3. Closure of Specialist Services for Black and Minority Women Facing Abuse Despite the fact that specialist black and minority women’s refuges and organisations in the voluntary sector bear the brunt of meeting the needs of the overwhelming majority of black and minority women, the combined eVect of a severe lack of resources and policies on “equality” and “cohesion” threatens their existence in two major ways: Firstly, at a local level, we are witness to changes to funding which seeks to encourage only “single providers” of domestic violence services. Even in areas where specialist black and minority services exist and have proven track records in addressing domestic violence and abuse, they are under threat of closure. In 2008 for instance, SBS is threatened with closure because the local authority proposes to take away its funding in order finance a single provider of services on domestic violence for all women in the borough. Yet no account is taken of the adverse impact that this will have on black and minority women due to the unequal economic, cultural and social contexts of their existence. They will be left without a single organisation in the area that can address their specific needs including protection from forced marriage and honour killings. Instead larger organisations such as housing associations that have no expertise or experience in addressing the needs of black and minority women are being encouraged to take over the provision of domestic violence services because they can demonstrate “value for money”. This trend is noticeable around the country and is aVecting not just black and minority women’s groups but also other specialist services addressing issues of domestic violence and rape. Secondly, around the country, the implementation of flawed “equality” and “cohesion” policies also threatens the existence of long standing reputable organisations such as SBS. The rationale behind these policies is the need to recognise, create and support single faith (Muslim) groups and enable them to build their capacity to address social issues. Yet this comes at the expense of existing Asian and other minority women’s groups that have worked successfully across religious and ethnic lines in creating networks of mutual support amongst women in the face of community hostility and religious intolerance. In Ealing for instance, at the same time as taking away funding for specific domestic violence services for black and minority women, the local authority has created a budget in pursuit of its “cohesion” strategy which will be utilised to set up Muslim projects, even though no identifiable Muslim women’s groups exist. Indeed Muslim women constitute the second largest category of women who attend SBS’ centre and none throughout our 27 years of existence have demanded the need for separate services for Muslim women. The ultimate danger of such “cohesion” strategies is that it will be highly divisive and the gains that have been achieved by secular black and minority women’s groups will be severely undermined. Many social issues will be addressed within a religious framework which will inevitably reduce the options that black and minority women and children will have in the face of violence and abuse.

4. Other Concerns We also wish to highlight the following for urgent consideration: No tightening of immigration controls: We are very alarmed by the proposals on marriage to partners overseas made by the Border and Immigration Agency (BIA) in its recent consultation paper (December 2007). Although made in the name of tackling forced marriage, the proposals have nothing conceivably to do with addressing forced marriage and every thing to do with restricting the rights of certain communities. (SBS will be making a detailed submission to the BIA. If requested, we will be willing to provide a copy to the Home AVairs Select Committee when it is completed in February 2008.) On principle, we object to an approach that consistently links violence against women in minority communities with immigration matters, as if such women have no intrinsic right to liberty and life unless they are addressed as an aspect of immigration control. The approach is blatantly discriminatory towards minority women and to the wider communities to which they belong. It is recognised that addressing violence against women in the wider society requires a raft of measures including eVective civil legal remedies, a robust criminal justice system response and extensive welfare and housing options. Yet this same recognition is not aVorded to minority women whose problems are simply viewed as a consequence of flawed immigration controls. The irony of the approach is that those who Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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advocate more immigration controls to address forced marriage never show the same interest to women who are subjected to violence and immigration controls. As highlighted above, such women are barred from relying on state support, without which they cannot escape violence and abuse. Criminal Justice Response: We have now had over two decades of legislation and policies on domestic violence but these are not eVectively implemented. Failure of implementation now lies at the heart of the criminal justice response. The problem lies not with senior ranking oYcers, many of whom have considerable awareness of the issues but with rank and file oYcers, many of whom continue to view domestic violence as a “waste of time”. The case of Bahnaz Mahmood285 was important not just because of the tag of “honour killing” that was attached to the case but because basic warning signs that could have saved her life were not heeded by the police. Notwithstanding the diVerent cultural context, the issue is one of basic police failures repeated all too often throughout the country. See for example Learning the Lessons (Bulletin 1 June 2007) by the Independent Police Complaints Commission on domestic violence. It makes for sobering reading. January 2008

APPENDIX 47

Memorandum submitted by M N Gulliford Issue being addressed: Public education and awareness-raising—the role of education and other agencies in early identification and prevention for those at risk of forced marriage or domestic violence.

1. Summary — a code of practice should apply to all couples getting married and intending to live in the UK; — the code should include the requirement that registrars and Entry Clearance OYcers provide or facilitate online access to a pre-marital inventory for marrying couples; — couples should obtain a certificate from a registered facilitator that the inventory and marriage preparation programme had been completed by the couple in good faith; — registrars and Entry Clearance OYcers should decline to progress applications to marry if they are suspicious that the marriage is forced or bogus; — failure to produce a certificate from a registered facilitator would be suYcient grounds for a registrar or Entry Clearance OYcer to decline to progress an application for marriage or a visa; — unmarried couples registering a birth should be oVered the opportunity to undertake a relationship development inventory and a parenting education programme; — couples completing approved programmes should be rewarded with a choice of retail store vouchers. These should have a higher value the more deprived the area; — facilitators providing approved programmes should be remunerated by redeemable social education credits issued to couples by registrars. These should also have a higher value in more deprived areas; — the gradual introduction of antenatal classes and a driving test suggest that the public will take on new responsibilities when they are ready; — the success of the driving test in reducing road accidents and research from around the world recording reductions in divorce rates where marriage preparation includes a pre-marital inventory provide hope that couple relationships can be improved through educational programmes. [see 13. Notes—Assessing the Impact of Community Marriage Policies on US County Divorce Rates.)

2. Background—Antenatal Classes and the Driving Test — antenatal classes seem to have started some time after 1960. Compulsory registration of births occurred in 1915 when a lot more health visitors were appointed. — Mr J Beene is the first person (in the UK) to pass his driving test (1935). It began as a voluntary test. Miss Vera Hedges Butler was the first British woman to pass a driving test in 1900 when drivers were not yet being tested in Britain. The intrepid Miss Hedges Butler decided to go all the way to Paris to take the French test. In 1893, France was the first country in the world to introduce a driving test, along with the first vehicle registration plates and parking restrictions.

285 Bhanaz Mahmood was a 20 year old Kurdish woman who was killed in 2007 by her father, uncle and other members of her family/community. Her high profile case received considerable media coverage as an honour killing. The main focus of attention however, should have been police failure to protect her. On four separate occasions, the police were made aware of the threat to her life but did not act adequately to protect her. Her case is now the subject of an investigation by the Independent Police Complaints Commission. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— In 1934, 7,343 people were killed on Britain’s roads, despite there being just 2.4 million vehicles on the road, 1.5 million of which were cars, compared to over 30 million in 2003. Public concern was growing and drastic action was needed. Transport Minister Oliver Stanley pushed for the introduction of various road safety measures, including formal testing for drivers. In 1935, under his successor Leslie Hore-Belisha, the driving test was introduced: within a year the death toll had fallen by nearly a thousand.

3. Background—Political—Family Law Bill 24 Apr 1996: Column 485

Paul Boateng: . . . “In 1971, in the aftermath of the last great reform of divorce law, Lord Scarman said: ‘The law is groping its way towards a new conception of the duties of married life.’ The duties of married life have been cast aside. Married life and the importance and value of marriage are being widely questioned. Marriage is undervalued, marriage is not supported, marriage is now something that one can win on a game show... At the moment, there is no preparation at all for civil marriage, and there is absolutely nothing on the face of the Bill to give any hope whatsoever that that will occur or is envisaged...TheGovernment also have to come forward with proposals in relation to preparation for marriage and with proposals that recognise the need for concerted and focused action to support the institution of marriage and the family. Only then can hon. Members rest easy in terms of the consequences of their deliberations today.”

4. Background—Political—“Delivering Vital Change” Public education and awareness-raising—the role of education and other agencies in early identification and prevention for those at risk of forced marriage or domestic violence

A code of practice should apply to all couples getting married and intending to live in the UK. The possibilities for marriage preparation and relationship education were outlined in the White Paper Delivering Vital Change. In the House of Commons debate (4 November 2002) Ruth Kelly said: “In our White Paper, [Delivering Vital Change] the Government explained that the registration service is ideally placed to act as a focal point for information about services associated with births, deaths and marriages, such as... marriage preparation... I believethatthere is a genuine opportunity for local authorities to develop those services innovatively to meet the needs of their communities, now and in future. A wider role for the registration service will improve on the current piecemeal approach by local authorities and will be underpinned by the proposed national standards.” (see 12 International standards.)

5. Background—Political—Arranged and Forced Marriages

Without the protection of a pre-marital inventory there is a potential diYculty in distinguishing between an arranged marriage and a forced one, as the following extract from a House of Commons debate (10 July 2007) on the Forced Marriage (Civil Protection) Bill illustrates: http://www.publications.parliament.uk/pa/cm200607/cmhansrd/cm070710/debtext/70710-0018.htm “Greg Knight: Does my hon. Friend agree, however, that the consultation process should not end with the passing into law of the Bill? The Bill provides that guidance can be prepared by the Secretary of State. Is it not important in formulating that guidance that the Minister continues to listen to representations?... Brooks Newmark: I still find it diYcult to distinguish between forced marriage, arranged marriage, and psychological pressure. How does one define a forced marriage? As we heard earlier, many women come under enormous psychological pressure to go into a marriage. Is that a forced marriage? If not, why not? Humphrey Malins The definition in the Bill refers to force, including coercion “by threats or other psychological means”, whatever that means. What about the situation where there is family pressure for an arranged marriage? Would it not be rather diYcult to decide whether that meant it was a forced marriage? Brooks Newmark: That was very much the point I was trying to make at the beginning of my speech, to tease out from the Solicitor-General how she distinguishes arranged marriages where psychological pressures are created by families at home. They may not come from wealthy backgrounds, and financial pressure may be put on people to get involved in a marriage that ultimately becomes unwelcome and, in many ways, abusive.” Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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6. The Role of Local Authorities The Statistics and Registration Service Act alters the employment position of registrars who become employees of the local authority. All couples expressing an intention of marrying whether as a sponsor or when attending a register oYce should be invited to complete a pre-marital inventory. — unmarried couples registering a birth should be oVered the opportunity to undertake a relationship development inventory and a parenting education programme; — couples completing approved programmes should be rewarded with a choice of retail store vouchers; — failure to complete the inventory satisfactorily should be suYcient grounds for Entry Clearance oYcers or Registrars to decline to process applications if they are suspicious that the intended marriage is bogus or forced; — failure to obtain a certificate from a facilitator that a pre-marital inventory had been completed together with the completion of a programme of marriage preparation should be suYcient grounds to revoke leave to remain; — the evidence provided by the completion of a pre-marital inventory in conjunction with a registered facilitator would be crucial in determining if abuse of marriage is occurring; — local authorities should be required to publish a local policy for the promotion of domestic and social cohesion and follow the code of practice; and — if a sponsor or partner is aware that they will be required to complete a pre-marital inventory it is more likely they will acquire the necessary life and language skills.

7. Speaking and Language Skills For speaking and listening skills the examinations of the English Speaking Board (www.esbuk.org) are the most suitable. These are used all around the world. In the UK the examinations are held in Community Centres and Colleges of Further Education—ESOL pre-entry and ESOL Skills for Life.

8. Registered Facilitators of Marriage Preparation Programmes Using pre-marital inventories should be asked to sign a certificate confirming that the couple had entered into and completed the process—including attending a session to go through the report with the facilitator— in good faith. The National Couple Support Network is a good basis for publishing a list of registered facilitators.

9. Appeals Couples disputing the validity of a negative response from a facilitator should have the right to repeat the process with another facilitator, if appropriate, using a diVerent inventory.

10. Sufficient Maturity and ... Adequate Life Skills The current Home OYce consultation paper Marriage to Partners from Overseas suggests that couples should have gained suYcient maturity and possess adequate life skills. A good way for couples to demonstrate this is for them to complete a psychometric pre-marital inventory and for a facilitator to sign a certificate confirming they have completed the programme in good faith. It seems reasonable that the same expectations of “suYcientmaturityand...adequate life skills” should be applied to all couples marrying in the UK and to UK citizens who go abroad to marry and should be required to notify their intention well in advance.

11. A Form of Confidential Statement Signed by Both Parties Both parties can confirm their acceptance of the process and the voluntary nature of the commitment they are making following their completion of a pre-marital inventory. This would provide an independent and research-based method of assessing whether the marriage is being entered into without coercion and without the threat of domestic violence or other abuse. This is the most scientific and reliable way of establishing whether one of the parties is vulnerable. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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12. International Standards—Pre-marital Inventories The tests should be undertaken overseas or in the UK. There are two international psychometric pre- marital inventories. FOCCUS (which has been translated into 14 languages) can be completed on the Internet, so couples do not need to be in the same country at the time they respond to the questions, though they do need to go through the report with a facilitator. This could be done at a consulate, embassy or VAC with a registered facilitator. Please see 10 sample questions from www.foccus.org.uk (Abridged Edition) below: FOCCUS: an Inventory for Marriage Preparation—Abridged sample statements FOCCUS inc all rights reserved.

U = I am 17/12/2007 1st couple member A = I agree D = I disagree uncertain

001 We agree about the responsibilities each of us expects of the other one in this relationship. A D U 002 Sometimes we need to talk about things and sometimes we don't. My partner and I are the same in this way. A D U 003 I hope that my partner will change some of his/her behaviour as we continue in this relationship or if we move into marriage. A D U 004 Sometimes my partner feels that I don't listen to him/her. A D U 005 We have discussed the ways our families solve problems. We discussed how their ways may influence us. A D U 006 We have talked about how we will teach our values and beliefs to our children. A D U 007 I am concerned that a past sexual experience could be a problem in our relationship. A D U 008 We have decided who will take care of the bills and handle the money. A D U 009 Sometimes I feel that my partner may not be the right person for me. A D U 010 We talked about what being faithful to each other means. We agree on this. A D U

13. Notes—Assessing the Impact of Community Marriage Policies on US County Divorce Rates “A study comparing cities and counties that had instituted a Community Marriage Policy with cities and counties that had not instituted the policy indicated CMP localities had a larger drop in their divorce rate. Paul Birch and Stan Weed of the Institute for Research and Evaluation compared the divorce rate of the first 114 CMP counties to the rate in similar counties without the policy. While the divorce rate fell by 9.4% in the non-policy counties, counties that had enacted the Community Marriage Policy fell 17.5% over the same seven-year period. Birch and Weed estimated that between 31,000 and 50,000 marriages were preserved in the CMP counties. http://www.smartmarriages.com/marriage.reports.html Between 1990 and 2000, cohabitation rates also fell 13.4% in CMP localities, while they rose by 19.2% in counties without the policy.” 28 January 2008 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 48

Memorandum submitted by Men’s Advice Line

MALE VICTIMS BRIEFING PAPER

What We Know 1. Men are often reluctant to access social care services and seem to prefer to access information at arms length/anonymously eg by email and phone. 2. Gender stereotypes(for both victims and professionals) can make it diYcult to think of men as “victims”. 3. Concepts such as mutual or common couple violence are unhelpful. 4. Male victims trivialise milder forms of abuse and violence. 5. Physical Injury is often seen as defining “the victim”. 6. Lack of specialist agencies dealing with male victims-including sexual assault and rape, domestic violence etc. 7. Many perpetrators will claim to be the victim. 8. A number of men’s organisations use the issue of male victims as a vehicle to perpetuate their misogynist politics.

An Informed Approach is Crucial Practitioners should NOT apply what we know about female victims and simply assume that a mirror- image of services for male victims is appropriate. In our experience, when this happens risk to the female partner more often than not escalates. Identifying a male victim can only be done safely by implementing routine screening. We would advocate routine screening to ensure that genuine victims receive the services and support that they deserve; that primary aggressors are identified to ensure they are referred to appropriate services too. And often there will be counter-allegations by both parties. This can only be done safely in the context of a multi-agency environment with robust information sharing protocols and such an approach MUST include a community-based perpetrator programme. Routine screening will result in identification of both victims and perpetrators. There is a high probability that perhaps as many as 70% of men accessing services will be predominant aggressors and/or perpetrators and therefore it is essential that we have appropriate services for these men as well as genuine victims. Working with genuine male victims is a social service. Working with male perpetrators is working for social change. — Approximately 20% of all calls to Devon and Cornwall Police are from men identifying as the victim. — Approximately 20% of all calls to the Metropolitan Police are from men identifying as the victim. — British Crime Survey 2002 statistics show that one in six men identified as experiencing domestic violence at some point in their lives. Just under half of these (47%) experienced a single incident. However, 89% of those experiencing four or more assaults are female. — Scottish Crime Survey(2000) statistics showed that one in 12 men experience domestic violence (including GBT men). — Further analysis of this data found that 29% of these men had misunderstood the question and had not been abused by a partner but by someone else in situations unrelated to domestic violence. — Research by Gadd et al Domestic Abuse Against Men in Scotland based on a small cohort of men (21 men) who had identified as victims of domestic violence in the 2000 Scottish Crime Survey. — Based on the interviews and accounts Gadd et al found four distinct categories based on how the men depicted themselves. (i) Primary Instigators: Men who admitted instigating the abuse in their relationships, (ii) Equal Combatants: Men who claimed that they “gave as good as they got”, (iii) Retaliators: Men who admitted being abusively solely as a response to their partner’s abuse, and (iv) Non-retaliator: Men claiming to have never used abuse other than for restraining their abusive partner. Of the 10 men who admitted using physical violence, six admitted causing more injury and harm and further stated that their abuse was more frequent than that of their partner. This suggests that although only 1 man identified as the Primary Instigator, analysis of the data suggests that the number of men who are Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Primary Instigators is actually much higher. This corresponds with similar findings from Perpetrator Programmes, Police, health and Housing workers who regularly come across male perpetrators who claim victim status. Gadd et al also found that 76% of those interviewed had left their partners. The remaining 24% did not express feeling any fear or control of abuse or fear from threats if they tried to leave. Consequently services have to be developed to engage appropriately with the various categories of men who will claim to be victims. There is still resistance to the idea of male victims from some in society and this compounds how we think about men. These ideas simply keep men in the straight-jacket of traditional masculinity: — men are supposed to protect women; — men are supposed to be in charge/don’t get bossed around by women; — men don’t hit women; — men should be able to control/keep their women in order; and — men don’t have feelings/don’t talk about them at least. Like many abused women, men who are abused may be slow to admit what is happening. If they contact the Police or another agency they may not get taken seriously. Men who are being victimised may: — be afraid to tell anybody what is going on; — be depressed and humiliated; — feel that he is a failure; — be confused because of his partner’s “Jekyll and Hyde” behaviour; — feel like he’s walking on eggshells; — be made to feel that he deserved it; or — feel like he’s the “only one” experiencing this and this compounds his isolation Men who are victims of domestic abuse may experience: — anxiety; — depression; — suicidal thoughts; — helplessness; — fears for their children; — suspicion because “a man can’t be victimised by a woman”; — being misjudged and viewed as the perpetrator based on little or no information; and — will often stay to protect the children However, whilst individual cases exist where male victims have been severely injured by a female partner, or indeed killed overall it is diYcult to state that the issues are exactly the same. They patently are not. Significant diVerences between male and female experiences of domestic violence and abuse exist, in particular in three main areas.

1. Fear and intimidation Malloy et al report on a number of studies that found that women reported significant, long term levels of fear and more negative impacts on their physical and psychological functioning, compared to male victims of female violence (Malloy, 2003). Tjaden and Thoennes report that men are much more likely to make serious threats that induce significant fear in women (2000).

2. Sexual Abuse Many studies have failed to include sexual abuse which was found to be perpetrated by men up to 20 times more (Tjaden and Thoennes, 2000] than for women. This includes the BCS figure of one in four women. The study found that women were significantly more likely than men to report being victimized by a current or former marital/opposite-sex cohabitating partner, whether the time period considered was the individual’s lifetime or the 12 months preceding the survey, and whether the type of violence considered was rape, physical assault, or stalking...Women were 22.5 times more likely to report being raped, 2.9 times more likely to report being physically assaulted, and 8.2 times more likely to report being stalked by a current of former marital/opposite-sex cohabiting partner at some time in their lives. In addition the average frequency of victimization was significantly greater for women than men.286 The National Violence Against Women Survey, 1995 found a 42% injury rate for women, and 19% for men.287

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However, about 3 of American men—a total of 2.78 million men—have experienced an attempted or completed rape in their lifetime.288 One in every 10 rape victims is male. (NCVS 2003)289

3. Homicide There is also a compelling diVerence in homicide rates with 70% women victims killed by male partners, and 30% of men killed by female partners as reported by Saunders, 2002. In recent years, men are committing more homicides, and the rates for female murderers have declined (Saunders, 2002). In addition men are killing other male members of their families at higher rates than women. Again we would suggest that this is an area that is often neglected and reinforces our belief that the greater danger to men is other men rather than women. There is a fundamental dearth of research about male victims, their experiences, prevalence, clinical studies about the psychological impact of the abuse, the diVerences of experiences between male and female victims, gender-specific risk factors, female perpetrators etc. Until these areas are given serious consideration the debates about prevalence, experiences will continue to be a matter of division and debate. The Home OYce is currently in the process of commissioning specific research about male victims, their experiences and their needs. It is hoped that from this research we will better understand the extent of the problem, the needs of these men and how practitioners and agencies can design appropriate services to this new area of work that is only now emerging.

4. Contact One area that is always cited as where “women have the upper hand” is over contact. On occasion this may be the case but in our experience many of the issues that arise are based on the man’s assumption that he has an inalienable right to se his children. We are also of the opinion that whilst some fathers struggle to see their children, an issue that needs addressing, we would also highlight the anomaly of violent fathers using the Family Courts as a way of continuing their abuse towards their former partner(s) and children. In our opinion the Family Courts force women into dangerous situations where contact is imposed and the potential for child abuse continues. There is a dearth of community perpetrator programmes across the UK. Despite community based Perpetrator programmes being an essential component part of the SDVC programme, many operate without one. As a consequence, when a violent father requests contact the judge cannot make an order of rehabilitation and then give further consideration with regard to contact upon completion of a suitable programme. In addition the vast majority of contact centres are faced with waiting lists, run by volunteers who have little understanding of risk and are badly funded. The capacity for supervised contact is even worse. As a result too many violent and abusive men are having contact with their children without doing anything to address their own failings as men and fathers. To put this in its real perspective, the DCA Judicial Statistics Report 2005 states that of 28 641 applications for Contact in the Family Court only 58 resulted in an order of Non Contact.

5. Honour-based violence and Male Victims Whilst the majority of victims of honour based violence are women a minority 15% of cases dealt with by the Forced Marriage Unit of the Foreign and Commonwealth OYce are men. Predominantly these men come from the Indian sub-continent but not exclusively. Of these men, most are forced into marriages because of issues of sexuality, mental health and commerce, such as land deals between families. As awareness of honour-based violence and forced marriage grows, there will undoubtedly be more cases than at present. As with all aspects of domestic violence, resources will be a factor when service provision is considered. We would suggest that whilst raising awareness of any element of forced marriage or domestic violence is to be welcomed it follows that there will be an increase in the numbers of people seeking help and support. This in turn demands additional resources otherwise why raise awareness in the first place?

6. Accommodation for men As far as we are aware there are some possible 20 bed spaces, specifically for heterosexual male victims and dependants across the UK. There are some four hundred other bed spaces available to men and these are to be found in generic hostels which for many will not be suitable accommodation. However, we have yet to be convinced that there is a significant need for additional beds for male victims of intimate partner violence. Most men, even if they are victimised do not face the same levels of fear as women and most will want to remain where they are due to employment and family commitments. Of the few men we have directed to existing refuges most had to flee because of their partner’s serious mental health issues, such as personality disorder and eVectively there was no other option. However, this is rare. Men have exactly the

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same access to local authority housing stock as women and as such are not discriminated against. Significantly despite the network of female refuges, only 15% of those fleeing domestic violence are able to access refuge. We also submit that again the issue of men’s refuges has been somewhat misrepresented by some for political reasons that have more to do with misogyny than concern for genuine individuals. We would further add that whilst there will always be a need for refuge provision for women in particular, we would like to see a far more radical approach than at present. To that end, we would like to see the perpetrator removed from the house and oVered accommodation subject to him engaging in a suitable programme such as the Integrated Domestic Abuse Programme(IDAP) or similar. In addition whilst at such a hostel the man would have an opportunity to develop life skills, access support for any drug and/or alcohol issues and parenting classes. As it is at present, more often than not the female is forced to flee with the children whilst the perpetrator remains in the home. This cannot be right or just. In addition, there would be significant financial savings- to re-house one person is far less expensive than a whole family; the man accesses support and understands that his behaviour needs to be addressed- and that if he says he is serious about change then he has the opportunity to do so. Harrassment would potentially decrease reducing Police call outs and the costs involved etc. We recognise that as such, this represent a sea-change in terms of approach and policy but feel that maintaining the existing stance suggests an acceptance of gender-based violence. We also recognise that this may well be seen by some as reward for bad behaviour.

The Work of the Men’s Advice Line

The Men’s Advice Line is a small helpline which is open Monday to Wednesday for a total of 18 hours a week only. By end of March 2008 it is hoped that the Men’s Advice Line will be fully accredited by the Telephone Helplines Association. In addition the line is currently being evaluated and early indications show that all the men interviewed so far have had positive experiences and struggled to find any other suitable help and support. On average we receive over four hundred calls a month but due to capacity we cannot respond to all calls which is something we would like to do. In addition the Men’s Advice Line website www.mensadviceline.org.uk is used by over 2,500 individual users per month and predominantly between the hours of 9am and 6pm. The website has information sections for victims, perpetrators, friends and family and professionals. Our approach has always been based on an understanding that domestic violence IS gendered. In short more men batter women than women batter men and almost two women a week are being killed by their intimate partner or former intimate partner. Much of our approach is based on the premise of “the earlier the intervention, the greater the potential to reduce harm”. Put another way “Why do we only intervene or oVer support when people are victimised?” We also believe that there are fundamental gender diVerences in help-seeking behaviours which is another area which is under-researched. Professor Alan White, of Leeds Metropolitan University is currently engaged in pan-European research looking at men and their help- seeking behaviours. From our experience, men prefer remote access to services, primarily helpline and web- based. This allows individual men to remain in control of the conversation without disclosing their identity and if they wish to stop the call they can. There is far less embarrassment and shame accessing a helpline and men will readily access the internet. Given that men are socialised to be fixers and problem solvers our approach is to allow them to talk about their issue and to be as positive as possible and encourage them to become active in response to their crisis, rather than try deny what is happening to them individually and their relationship. A major motivator for men is children and in our approach we emphasise the need to remain child-focused in everything that they do and not to lose sight of the fact that their children’s needs come before their own. We would like to see the Men’s Advice Line develop in capacity so that we can respond more eVectively than at present. Hence we invite men who are simply in unhappy and unhealthy relationships as well as overtly abusive ones to contact us and “talk it over.” We would suggest that more men are victims of their own attempts to comply with outdated notions of what constitutes a “real man” rather than are the victims of violence perpetrated by women. It should also be acknowledged that with gender diVerences and relationships one thing is very clear. For women being in a relationship with a man is a risk factor whereas for men, being in a relationship with a woman is a protecting factor. Put simply, men do not cope well on their own. Most (69%) of divorces are initiated by women and for many men this is a time of absolute crisis. For many men their relationship with their wife/partner is the ONLY close and intimate relationship that they have. They may have work colleagues and one or two other people in their lives but it is often the case that men rely on their female partners for all their emotional support and needs- and indeed expect them to be met. This isn’t surprising given that this is how we are socialised. However, all this comes at a cost, both fiscal and human. When men separate they do not cope well and often resort to “coping” by using excessive amounts of alcohol and perhaps others substances to stop the emotional pain. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Men are at an increased risk of suicide and further work in this area is required. At least 40% of fathers lose touch with their children within two years of relationship breakdown and often because they feel that they have failed or they simply cannot deal with the pain of not seeing their children or because they have to deal with the legacy of a failed relationship. The common approach would appear to be “all or nothing” ie In a relationship I am successful person, husband, father, parent etc but if I’m out of that relationship I am nothing, a failure and I cannot fulfil my role as a father because either somebody else has taken my place or it’s just too painful to deal with seeing my children and then having to say good bye again etc. As a society we have to work towards changing this belief system in men so that they can model positive behaviour for themselves and more importantly for their children. Types of calls to the Men’s Advice Line on any given week: — Victims—clearly identifiable, severe physical and/or psychological abuse. — Bi-directional/Mutual violence—diYcult to establish who is the main aggressor. — Perpetrators identifying as victims because partner has retaliated. — Allleged false allegations of DV by partners/ex-partners, particularly during divorce proceedings and child custody/access disputes. — Complaints or praise for response by police dv units or individual oYcers. — Complaints about broken contact orders, problems with CAFCASS. — Men worried about actual or potential abuse of children by violent partner. Referrals to child protection teams. — DV in same sex relationships—referrals to Broken Rainbow, Stonewall, GALOP. — Housing advice, homelessness applications to local authorities, priority need of single men following DV or relationship breakdown. Referrals to housing advocates. — Alleged miscarriages of justice where man has been prosecuted for violence against partner. Referrals to MOJO, etc. — Requests for legal advice re divorce, parental responsibility, access to children, financial settlements, child support payments. — Requests for details of “father-friendly” solicitors/barristers. Legal aid entitlement queries. — Debt/money problems as trigger for dv or relationship breakdown. Referrals to money advice agencies. — Concerns about partners who are financially controlling, or who routinely restrict access to family/friends. — Requests for referrals to counselling agencies, psychotherapists etc. — Adult survivors of childhood sexual abuse, male rape. Referrals to NAPAC branches, Survivors UK. — Asian callers—in increasing numbers over the past year. Often from callers who do not want to approach community organisations for help. — Problems with arranged marriages, violence/abuse from in-laws, problems with immigration status in case of separation and divorce. Recourse to public funds for abused partner. Cultural issues around stigma of marriage breakdown, shame in seeking help, language barriers. Referrals to BME support agencies. — African callers. Issues often include traditional views re role of man in marriage, role of wider community in mediation of marital disputes, support/counselling from churches, community groups etc. — Threats to have partner deported. Often routine part of abuse where victim’s right to remain in UK is dependent on abusive spouse. — Requests for details of female perpetrator projects and services from men seeking help for violent partner. — British men married to younger “mail-order brides” usually from far east and eastern Europe- relationship breakdown, cultural issues, immigration implications and interaction with UK matrimonial law. — Requests for emergency accommodation, refuges, hostels etc. — Enquiries about specialist support groups for men in abusive relationships. — Family members concerned about adult children, siblings, parents in potentially violent relationships. Anxious friends in whom abused partner has confided. — Angry, abusive calls from men who are convinced the legal system is weighted against them, and that women “get it all” in terms of child custody, housing, access to legal advice, interventions by police, emotional support. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Media calls—wanting statistics, interviews with male victims, quotes/position statements from us. — Academic research—students wanting stats, research papers, info on best practice. — Callers with serious mental health issues—often confused narratives, paranoid fantasies, but sometimes with partners who appear to be exploiting their vulnerability. Referrals to MIND branches, Psychiatric services, CMHT etc. — Men abused by partners with serious mental health problems. Queries re Mental Health Act, sections etc. Referrals as above. — Unhappy relationships—apparently no real abuse on either side, but caller identifies relationship as abusive. Referrals to Relate, couples counselling, Marriage Care etc when appropriate. — Alcoholism/drug addiction as trigger for occasional violent incidents in otherwise happy relationships. Callers seeking referrals for partners to specialist agencies. — Callers suVering violence from siblings or parents. All age groups from 16 upwards. — Callers with suicidal thoughts, past history of suicide attempts or self-harm. Referrals to local Samaritans, details of NHS psychiatric services requested. — Callers from abroad requesting local support services. Usually British expats in or France in abusive relationships, isolated by language barriers from seeking help. Calls from friends/ familyin UK worried about people abroad, feeling helpless to intervene due to distance. 11 February 2008

APPENDIX 49

Memorandum submitted by JUSTICE FOR SURJIT

CAMPAIGN FOR EQUALITY, ACCOUNTABILITY & JUSTICE [xxx—Indicates Text has been removed]

Introduction This document has been prepared by the JUSTICE FOR SURJIT campaign, for the attention of the Home AVairs Select Committee as part of its considerations on domestic violence and honour killings. The document provides RECOMMENDATIONS & important POINTS FOR ATTENTION in respect of oYcial investigation of cases and public sector action on honour killings in the UK. xxx. The issues and recommendations presented below, are based on the direct experiences of Surjit Athwal’s family xxx. The core message of this document is the “Improving oYcial action against domestic violence and honour killings, and organised overseas killings of UK citizens”.

Case of Surjit Athwal:Summary xxx. Over the course of Surjit’s enduring case (December 1998–July 2007), her blood family in England, conducted an intense campaign with the support of Southall Black Sisters. They engaged with police, MPs, the Foreign OYce, the Foreign Secretary Jack Straw, the Punjab Police, the national media; all in a bid to secure a comprehensive process of investigation in the UK and robust UK government representations for an equally comprehensive investigation to be conducted in India by the Indian authorities. The nine year experience of this ordeal, has elicited many issues, lessons and questions about the adequacy and eYciency of current procedures and practises, from UK Government, Foreign OYce, Home OYce, UK Police to the Indian Government and its associated departments and its police authorities. Southall Black Sisters provided a key role of support and advice to Surjit’s blood family, in their campaign for an enquiry on Surjit’s case and during the legal prosecution in 2007. The family of Surjit Athwal feels that, the specialist advisory and advocacy work of such groups is an essential resource to ethnic minority victims and their families. Based on that definitive experience, we make the following important points to this enquiry in respect of improving oYcial procedures and action xxx. The issues and problems highlighted based on case by case experiences where these have arisen. They do not suggest that, these are reflective of all oYcial action in all domestic violence and honour killing cases. Equally, this does not imply that these issues and problems are isolated and insignificant. They are cited in this document as being of significant occurrence in the oYcial handling of homicide cases of UK resident South Asian (Indian, Pakistani and Bangladeshi background) females. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Points for Attention &Recommendations a) Recognition of the primary fact that UK citizens, predominantly from South Asian communities (eg Panjaabi, Pakistani, Kashmiri, Indian), are being targeted for murder by fellow British citizens in the territories of India, Pakistan and Bangladesh. That a substantial number of UK domestic violence and honour killings are carried out in this way; given its ease and diYculty of detection from the UK. That, such overseas murders have the distinct advantage of being diYcult to pin-down in evidential terms, and even more diYcult for UK authorities to properly investigate (against a mixture of diplomatic, bureaucratic, corruption, overseas governmental and policing co-operation diYculties). That, these forms of overseas murders are being carried out on UK citizens by fellow UK citizens, who instigate and instruct persons to carry out the murders in Indian, Pakistan and Bangladesh territories. Thus, making these murders tantamount to remote control murders; carried out with ease and eYciency by paid persons 5,000 miles away. That, both perpetrators and victims are UK citizens; and, that this is a form of practise increasingly coming to light, with an estimated five UK cases reported each year. Many cases don’t receive publicity, and often don’t reach levels of oYcial attention. b) A significant number of these cases are honour –driven murders, against young South Asian females. These victims are lured abroad to India or Pakistan, and are subjected to murder or attempted murder there. These types of murder eVectively represent remote control killings. These murders are two-state in nature, organised in the UK and executed in India, Pakistan or Bangladesh. There aren’t the government to government mechanisms in place to handle and facilitate oYcial investigations through police channels, into these two-state murders. c) Following Surjit Athwal’s failure to return home (Hayes, west London) from her two week visit to East Panjaab in December 1998, her family members’ contacted police stations in Hayes (west London) and Coventry (home of her family). Front desk oYcers at both stations rejected attempts to register Surjit as a missing person, with a strong risk of her having been murdered. OYcers at both stations said they do not handle disappearances abroad, even of UK citizens. Only after making direct contact with the Serious Crime Squad at Scotland Yard, through an informal contact, was the case oYcially taken up by the police. With the disinterested and unresponsive response of the two local police stations, Surjit’s family were left isolated and unclear as to what to do next. This aspect of the case, demonstrated the lack of a coherent and consistent network of systems and agencies to deal with such UK cases—lost, disappeared or murdered overseas. d) During written communications and the few meetings between Surjit’s family and the Foreign OYce oYcials, there was no indication or direction from the latter that they would liaise with the UK police and combine eVorts on the case. Again, no joined up thinking. In the absence of any clear and comprehensive process, Surjit’s family resorted to their MP and the media to raise attention to this case. e) A failure by police, CPS, legal and other oYcials to recognise and appreciate the practise of honour killing. A failure to accept that someone could be killed for reasons of honour—as against a commonplace type of murder—leads to a mental refusal to even acknowledge that such an incident could even occur. This personal mental prejudicial, blocks a professional and objective investigation. f) Overseas murders make the gathering of evidence diYcult and frustrating, both for the immediate families of the victim and for the UK police. Overseas murders are a relatively easy and eYcient form of killing, as the evidence trail is weak and the channels of co-operation between the investigative bodies of India, Pakistan and Bangladesh and UK is riven with obstruction, delay and confusion. Sharing of evidence and extradition applications are poorly handled; often involving years of delay and confusion and final abandonment. Perpetrators can often out-manoeuvre such a fragmented and ineYcient system. g) Major gap in UK-India oYcial co-operation in terms of domestic violence and honour killings and other forms of killings. No eYcient and ready co-operation between the investigative bodies of both states, due to a failure by respective governments to create necessary co-operation and environment for regularised and cohesive communication and collaboration. Time-consuming and arcane bureaucracy; refusal of visas to UK police; delays and inactivity by Interpol; failure by British Foreign OYce to press for co-operation; lack of responses from Indian government departments; failure by Indian police to share evidence. Characterised by inconsistency and fragmentation. All this totals up to a massively delayed and skewed form of investigative co-operation. A major absence of joined up investigative action; which is often fatal to the successful resolution of the case. This major gap, facilitates and encourages the perpetrators, and contributes to a failure of justice. This fundamental failure serves to help the perpetrator, and expose the potential victim and undermine the subsequent anxious enquiries of the victims’ families. h) UK police investigation of honour killings needs to be streamlined and organised, based on a coherent approach. Surjit’s and other cases have revealed a fundamental failure at initial and further key stages of investigation. There has been a failure by lead oYcers to grasp the seriousness about reported cases of persons “disappeared” abroad in honour related circumstances (with the distinct possibility of death). In a number of cases, including Surjit’s, UK police oYcers have displayed a lack of understanding of such types of murders, and made cynical and dismissive comments when concerns have been put to them by concerned relatives of the victim. This does not inspire confidence in such an investigation (characterised by negative attitudes). Investigating oYcers treat concerns about the murder of a relative with extreme scepticism and fail to pursue areas of investigation which are suggested by victims’ relatives based on the latter’s’ knowledge of the intricate circumstances. Dismissive comments are sometimes made to concerned relatives. In the case Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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of Surjit Athwal, the initial lead investigation oYcer, unilaterally declared to the media that whilst Surjit’s whereabouts were unknown, there was nothing to be worried about regards her circumstances. This was whilst her family were desperately concerned about her sudden “disappearance”. Subsequent, oYcers treated Surjit’s “disappearance” as Surjit having left the UK of her own volition. This self-determined position was never communicated to Surjit’s family, much less explained. For many years, Surjit’s case was kept at a “disappearance” as against a “murder”. It was changed to the latter status, only when a new set of oYcers overtook the case in 2004, under the leadership of DCI Clive Driscoll. i) In July 2007, Surjit Athwals’s case came to the conclusion of a 13-week criminal prosecution trial. xxx. Several years after her disappearance in December 1998, the changing Metropolitan Police teams had reached decisions to close the case from active enquiries. It was re-opened in 2004, under a new, fresh team of oYcers, led by DCI Clive Driscoll. The enthusiasm and determination of this team, was to make the whole case turn around from one lacking evidence to one that had good evidence for criminal prosecution in English law. The positive determined approach displayed by a new set of police oYcers, made the fundamental diVerence in Surjit’s case. Earlier police investigations, from 1998 to 2003, had been characterised by: slowness; failure to extract key evidence; a disproportionate reliance on the suspects’ version of events; and, a failure to even treat the case as a murder and only a “disappearance”. j) A thorough and robust attitude by oYcial investigators and facilitators of investigation, at both police level and Foreign OYce level is necessary. In the absence of that, cases are left adrift and left to stagnate and freeze. Consequently, perpetrators go scot-free. A poor attitude is demonstrated in a lack of push to investigate and open up channels of communication and co-operation with counter-parts in India and Pakistan. An initial poor attitude in Surjit Athwal’s case was replaced by a subsequent robust attitude in the Metropolitan Police investigation, leading to a criminal prosecution eight years after Surjit’s disappearance and a conviction following 13-week trial. A huge contrast from the initial stagnation of the case in a dead-end. k) Similar to the need to treat all complaints of racial violence sympathetically and seriously, with due investigation; all cases of potential and actual domestic violence and honour killing need to be treated with immediate seriousness. This needs to be demonstrated in the immediate speed and thoroughness of the investigation. Slowness and inactivity gives confidence and opportunity to perpetrators to conceal and destroy evidence— including the actual dead body xxx l) A failure by police investigators to rigorously question suspected persons and investigate details about “disappearance”, for reasons of subjective sensitivity xxx Failure to conduct a comprehensive range of enquiries and leaving important lines of investigative exploration unaddressed. Failure to seize relevant evidence. Failure to question relevant persons. Failure to move with speed on investigation. An overall failure to demonstrate a serious approach to the issues of the case; giving potential perpetrators confidence to give half-truths and with hold important information. m) Need for all cases of honour killing to receive specialist attention from oYcers knowledged and experienced in this special type of murder. xxx and other cases, were characterised by a failure by ordinary police oYcers to grasp the critical cultural aspects of the case; including significant areas of cover-up and misinformation by the perpetrators peculiar to a Panjaabi household setting and way of life. However, although specialist knowledge may be needed in the investigation of honour killings, these cases illustrate some very basic failures of policing, for example, police oYcers not taking a missing person report seriously. n) UK police oYcers unwilling to embrace cases of overseas murder, consisting of complex and lengthy aspects of investigation. Honour killings abroad and other remote control killings, are very diVerent to a relatively simple gang shooting or stabbing. Overseas killings have multiple layers of evidential enquiry, compounded by commonplace beaureaucratic and oYcialdom obstructions in UK-India or UK-Pakistani murder investigations. Need for dedicated, specialist, knowledged approach to these cases. Anything less undermines the investigation. In Surjit’s case, the lead investigation oYcer who brought the case to successful prosecution, brought in a specialist Sikh oYcer who had knowledge of all aspects of Panjaabi culture and associated behaviour. This proved vitally beneficial to whole case; in contrast to the previous predominantly all-white team of oYcers. o) In achieving the prosecution and conviction in the 13-week trial, in 2007, Surjit’s family nor the Metropolitan Police were in any part assisted by positive input into the prosecution case by the Foreign & Commonwealth OYce. The FCO provided nothing to assist or further the UK police investigation, nor the construction of the prosecution case by the CPS. The FCO’s representation of Surjit Athwal’s case to the Indian Government for investigation in India, was characterised by prolonged inactivity, incomplete information, unfulfilled promises by the Foreign Secretary to press the case with the Indian PM, and general stagnation. Nor were requests by the Punjab Police for extradition xxx, ever followed up by the UK government. Only a single letter was written to the Ministry of External AVairs from the British High Commission (New Delhi), after years of pressure from Surjit’s family. No attempt was made by the Foreign Secretary, as senior Minister, to represent the case to the Indian Government, on par with other British cases raised by him with India, such as Ian Stillman and Peter Bleach. Furthermore, the murder cases of two British females, Lucy Blackman in and Kirsty Jones in Thailand received very senior representation from the British PM and Foreign Secretary. To date, no such eVort has been made for any case of a South Asian, Arabic, Kurdish or other ethnic minority British female victim. Overall, the Foreign OYce has Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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demonstrated a failure to act in a timely, consistent and even manner, in Surjit Athwal’s case. This is a pattern evident in other like cases, including the current live case of British female Manjit Kular. Together, this highlights the racially discriminatory way the Government deals with cases of Asian and minority ethnic females killed or at risk abroad. These obvious inequality and double-standards, is unjust—morally and legally. The performance of the British government and Foreign OYce on the current live case of British female Manjit Kular, who suVered a suspicious death in Panjaab (India) in October 2007, will be an important demonstration of whether government practise has improved. p) Together, the above issues point to a pervasive state of institutionalised racism in the quality of oYcial response and investigation of these cases. Institutional racism being: “The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantages minority ethnic people.” Machpherson Report into Stephen Lawrence Inquiry, 1999 q) Need for UK government to give honour killings, and domestic murders within minority communities, a public importance. Rising number of reported cases demonstrates the existence of these largely concealed and suppressed murder crimes. Communities (eg Kurdish, Sikh, Panjaabi, Kashmiri, Iranian, Bangladeshi, Pakistani, Gujerati) which are aVected by these killings need to be able to draw upon oYcial senior level support in reporting these cases. They need to be confident that the reported cases will be treated with seriousness and actioned robustly. For four decades, honour violence and murder has remained successfully hidden and contained within Panjaabi, Kashmiri, Gujerati, Indian and Pakistani communities residing in the UK. Many cases of clear female murder in the UK or suspicious disappearance abroad, have gone unaddressed by police and legal justice due to a failure by communities to access reporting and investigative channels and a general fear of reprisal if reported; coupled with a failure by police oYcers to understand honour related violence and murder. This fear factor particularly aVects females, who are invariably the greatest all-round victims in domestic and honour violence and murder and all that surrounds its—fear, silence, reprisal, threats, blackmail and compelling issues of shame and honour in the community. Victims and victims’ families feel silenced, isolated and despondent; resulting in very high incidence of physical self- harm and actual suicides amongst South Asian females in the UK. r) Government and public bodies like the police, need to work in partnership with black and minority ethnic women’s groups and community groups (eg Panjaabi, Sikh, Kashmiri, Gujerati, Kurdish, Iranian) and specialist victim advocacy bodies like Southall Black Sisters, Iranian & Kurdish Womens Rights Organisation, Karma Nirvana, Henna Foundation and Middle East Centre for Womens Rights to create a public awareness and confidence in speaking up against domestic violence and honour related violence, helping victims report and escape abuse and supporting police investigations into actual cases. In particular, long established groups like Southall Black Sisters need to be fully funded to provide these critically important services. Experience shows that, such specialist womens advocacy groups are the most well informed and trained bodies to assist and advocate on behalf of South Asian, Arabic, Kurdish and minority ethnic women; in an eVective and committed manner. 19 February 2008

APPENDIX 50

Memorandum submitted by the Probation Service

How Much Does it Cost to Meet Demands for Perpetrator Programmes Nationwide

There have been a number of calculations used to provide unit costs of providing the perpetrator programmes which run within Probation areas; the most recent and accurate costing was completed for the 2007–08 budget. Areas were asked to submit their projected costs for all Interventions. A number of areas did not provide a separate figure for DV Interventions. Given this restriction of the 8 Areas which deliver the Community Domestic Violence Programme (CDVP), 6 have reported and the average cost per completion is £7,262. Of the remaining Areas which deliver the Integrated Domestic Abuse Programme (IDAP), 23 reported and the average cost per completion is £7,250. Information regarding waiting time for oVenders to commence the group work element of their supervision for programmes has rightly caused concern. Our main source of information is a national database known as The Interim accredited programme (IAPS) database. This database can indicate time spent prior to the group work programme starting, however it does not distinguish between the reasons for any delays to the commencement of the group work element. To provide an accurate measure of waiting times we have to cross reference the database entries with each area. In view of the concerns raised regarding waiting times we have commissioned a research study to clarify this issue. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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More Information on the South-West Pilot The South West Regional OVender Manager recently commissioned a strategic review of domestic violence policy and services citing a number of obstacles and ways forward to increase resources within the South West. This document, and discussions arising out of it, led to the proposal to conduct a mapping exercise of commissioning, services, and funding eVecting convicted and non convicted perpetrators and their victims and to work towards a more coordinated and collaborative community response. The project is still in the preliminary planning stage and is seeking funding from The Home OYce through the involvement of John Dunworth the Home OYce Interpersonal Violence Strategy Lead, Government OYce South West and NOMS it will have a number of aims: — To rationalise these services where there is duplication of resource or share learning, eg as in treating convicted and non convicted perpetrators together, the potential that perpetrator programmes could be more firmly linked with victim services; — To create eYciencies where there are overlaps; and — To identify gaps in resource, ie for minority groups. This is a project of obvious national significance and would act as a pilot in creating a more holistic response to domestic violence from all agencies including NOMS. The project will have the involvement of the policy and interventions units at NOMS and although timescales are still to be set we should be in a position to report progress back in 6 months time once the funding has been agreed and the project plan finalised.

Data Used in Measuring Effectiveness of Programmes Spousal Assault Risk Assessment (SARA): The SARA is a clinical checklist of risk factors for spousal assault. It comprises 20 individual items identified by an extensive review of the empirical literature. The 20 items are grouped into five categories: criminal history; psychosocial adjustment; spousal assault history; the current oVence; and other considerations. The assessor considers whether the items are absent (0), sub threshold (1) or present (2); decide whether any items are critical, that is that they are suYcient on their own to conclude that the individual poses an imminent risk of harm; and then decide whether the overall risk of harm to their partner and others is low, medium or high. The SARA is completed at the pre programme stage. There is both an oVender and victim version. OVender Information (name, DOB, gender, ethnicity, disability, special needs, oVence and sentence details, OGRS score, OASys score, PNC number). Programme details. OVender referral, enrolment, suspension, completion of pre programme sessions, attendance on sessions, catch up sessions, completion of programme, completion of post programme sessions, all phases completed. Additionally, oVender level of understanding of programme sessions and level of engagement of programme sessions. If oVender did not complete programme, the reasons for non completion. Tutor/Facilitator sessions reviews and Treatment manager/supervisor session reviews OVender evaluation measures: psychometrics, interviews and checklists: OVenders complete a number of psychometrics, interviews and checklists pre programme, post programme and six months post programme completion in order to assess whether any improvements in their attitudes and behaviour have occurred. The psychometrics consist of: — Revised attitudes to oVence scale (RATOS) — Inventory of beliefs about wife beating (IBWB) — Abusive relationships inventory (ARI) — Interpersonal relationship scale (IRS) — Relationship style questionnaire (RSQ) — Locus of Control (LCB) — Paulhus Deception Scale (PDS) (Optional for CDVP) The checklists consist of: — Dobash Violence Assessment Index (VAI) (OVender version) — Dobash Controlling Behaviours Index (CBI) (OVender version) — Dobash Injury Assessment Index (IAI) (OVender version) The interview consists of: — The Quality of Life Interview (OVender version) Victim evaluation measures: Interviews and checklists: There are victim versions of the oVender checklists and interview. The victim measures are completed with the victim by the woman safety worker pre Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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programme, post programme and 6 months post programme completion. This enables comparisons to be made between oVender reports and victim reports to assess under-reporting etc. The checklists consist of: — Dobash Violence Assessment Index (VAI) (Victim version) — Dobash Controlling Behaviours Index (CBI) (Victim version) — Dobash Injury Assessment Index (IAI) (Victim version) The interview consists of: — The Quality of Life Interview (Victim version) Police call out. Police call out data is collected pre programme, throughout the course of the programme and post programme completion Post programme review summary (3 way meeting) & post programme report StaV impact survey and stakeholder survey (This is optional) StaV feedback on the programme OVender feedback on the programme Reconviction data: one year and two year reconviction data for all oVenders (whether they have completed or not) post programme completion

What Happens When an Order Finishes/What Tracking of Perpetrators Takes Place and How Tracking Data is Used to Evaluate Effectiveness? As noted in the section above 1 and 2 year reconviction data is collated on oVenders for outcome studies. Statistical information is also available for the outcome of breach proceedings for oVenders too. Two research studies, led by RDS-NOMS, are currently being set up which will track oVenders in the community and another study that will track oVenders in custody. It will include data on what happens to oVenders that participate in programmes. A review of the literature and data from the OVender Assessment System (OASys) of the needs of all perpetrators of domestic violence is currently being undertaken by NOMS Attitudes Thinking and Behaviour Team. This is due for completion in April 2008. The review will consider implications of the findings of the literature and OASys data to indicate which intervention strategies are likely

Any Plans to Develop Perpetrator Programmes for Under-21sorSpecialist Groups Such as Same Sex Offenders, BME, Women? The National Probation Service does accept perpetrators form the age of 18 onto their accredited programmes. However while there is interest to develop more specialist domestic violence programmes, it is likely that the most eVective community response would be in partnership with existing community organisations. The Voluntary Sector has an excellent track record both with working with the victims and perpetrators of Domestic Violence, Some of the Probation Areas fund victim organisations to complete the Women Safety Work element of the statutory programmes and it is feasible joint work could be undertaken to provide suitable perpetrator programmes for specialist groups. As previously referred the mapping exercise in the South West could provide the framework for this way forward. Additionally, while the Probation Service does not receive funding to work with unconvicted perpetrators there are a number of partnership arrangements with voluntary sector providers which provide an outlet for unconvicted perpetrators to complete IDAP/CDVP alongside convicted oVenders. February 2008

APPENDIX 51

Memorandum submitted by Citizens Advice Bureaux

1. Introduction 1.1. Citizens Advice welcomes the opportunity to give evidence to the Home AVairs Select Committee’s inquiry into domestic violence. 1.2. The Citizens Advice service provides free, independent, confidential and impartial advice to everyone on their rights and responsibilities. It values diversity, promotes equality and challenges discrimination. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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1.3. The service aims: — To provide the advice people need for the problems they face; and — To improve the policies and practices that aVect people’s lives. 1.4. The Citizens Advice Bureaux (CAB) network is the largest independent network of free advice centres in Europe, providing advice from over 3,200 outlets throughout Wales, England and Northern Ireland. We provide advice from a range of outlets, including GPs’ surgeries, hospitals, community centres, county courts and magistrates’ courts, and mobile services both in rural areas and to serve particular dispersed groups. 1.5. In 2006–07, the CAB service dealt with 5.7 million enquiries on the whole range of issues bureaux give advice, including 1.7 million on debt, 1.6 million on benefits and 424,000 on housing. 1.6. Citizens Advice Bureaux regularly help victims of domestic violence; and 26 percent of all bureaux actively promote services for domestic violence victims. In 2006–07 bureaux dealt with 16,266 enquiries about domestic violence—an 11 per cent increase from the previous year, 2,890 enquiries about homelessness caused by domestic violence and 1,322 enquiries about injunctions. From this work, we have a wealth of experiences to contribute to this inquiry. 1.7. It is important to recognise that domestic violence victims experience overlapping and multiple problems with their home, family, health and financial well-being, as numerous surveys and studies demonstrate.290 These are extremely important aspects and they are often relevant to why victims remain with their abusers. The Government’s Families at Risk Review shows that experiencing multiple disadvantages and behavioural problems has a massively compounding eVect. For example: A woman experiencing domestic violence from her estranged husband sought advice from a CAB in Oxfordshire about her options. She was still living in the same property as her husband, even though he was using abusive language towards her, threatening behaviour, threats to kill, and assaults. Recently the violence had risen to such a level she left the house to stay with her friend. The police also advised her to leave. The client wanted to know what her rights were in terms of the children and the house. By moving area she felt she would lose all her social networks and might have to move her children to new schools. It was diYcult to move the abusive husband from the house as he was a joint tenant of the property 1.8. Typically, CAB clients experiencing domestic violence also have to deal with other problems, so our evidence covers a range of issues. For the purposes of this inquiry, our submission focuses on the following issues: — Police powers, legal protections and the Criminal Justice System — Access to support services for victims of domestic violence — Access to civil remedies and legal support — Homelessness and housing — Benefits, financial support and financial inclusion

2. Police Powers,Legal Protection and the Criminal Justice System 2.1. Citizens Advice welcomes the National Delivery Plan for Domestic Violence and other recent government initiatives to enhance strategies for criminal justice agencies in tackling domestic violence. We support the ACPO Guidance on investigating domestic violence, including the national definition, the positive arrest policy, and the requirement that police undertake risk assessment and ongoing risk management in all cases of reported domestic violence. However, domestic violence remains a chronically under-reported problem, with only 24 per cent of women experiencing domestic violence actually report incidents to the police.291 2.2. Overall, our evidence raises concerns about whether the current framework does enough to encourage robust and pro-active police and CPS action in tackling incidences of domestic violence, and establishing reporting and monitoring schemes. The Home OYce needs to monitor whether the Government’s targets in the National Delivery Plan for the delivery of domestic violence training, increased reporting and prosecutions are being met. Bureaux regularly report cases where the approach taken by the police and prosecution appears to demonstrate poor enforcement, and variable practices for dealing with victims of domestic violence. A CAB in Yorkshire described the experience of a woman from the Philippines who had permission to work in the UK as a care assistant until January 2012 with no recourse to public funds. The client had to call the police when her husband was violent towards her, causing bruising, but the police arrested her instead and held her at the station for four hours. The client was

290 Families at Risk Review, Social Exclusion Task Force—Cabinet OYce 2007 291 Womens’ Aid Annual Survey, 2007 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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traumatised by being treated as the guilty party after making an emergency 999 call for help when being assaulted by her drunken husband. She also felt that the arrest jeopardised her position working in a care home where requirements on personal integrity were very high A CAB in the West Midlands reported that their client’s husband attacked her by kicking her leg and breaking her femur. When the police arrested him they said to her that he would be prosecuted and not allowed to return to her home. However, the case was dismissed in court on a technicality and the husband returned home. The client was immediately thrust back into a violent situation. She then moved into a woman’s refuge for her safety, but felt disappointed at the failure of the Crown Prosecution Services and the magistrates’ court procedures to prosecute her husband despite their full knowledge of his violent behaviour. 2.3. Citizens Advice favours a proactive approach in which police services can partner with other agencies (eg Victim Support, Citizens Advice, local authorities) as third party reporting centres, on a similar basis to the initiatives taken by the police services in dealing with racist incidents and establishing racist incident monitoring schemes. The challenge seems to be to achieve consistency of approach across all police forces. Such initiatives also need to be supported by public awareness campaigns. 2.4. The current ACPO guidance should be used as a working definition across all agencies to help clarify that domestic violence can take the form of emotional or psychological abuse as well as physical assault.292 Often policy interventions have failed to provide a clear definition of domestic violence, and research studies have come to very diVerent conclusions on the incidence of domestic violence, ranging from less than one percent of the population to approximately one in four adult women having experienced domestic violence at some point in their lives. Indirect violence (threats, verbal abuse and denigration) may, in some cases, be as detrimental as actual violence. The following case illustrates problems people can face when they look to police and local authorities to take action against incidences of domestic violence which stop short of being a criminal oVence. A CAB in Surrey reported the experience of a woman with three children living with an abusive partner. Her partner drank, was in debt and had verbally abusive towards her for some time. The client felt extremely frightened whenever she was at home and her children were badly aVected as well. She had tried to get him to move out but he would not go. The relationship between them had completely broken down. She had been in touch with the local Domestic Violence Unit but they said that there was very little that can be done unless the abuse became physical. The police said the same thing. The bureau commented that the law should recognise the enormous damage caused to individuals suVering psychological abuse where there is no physical harm done. 2.5. We welcome other recent steps forward in criminal justice responses to domestic violence, specifically in the development of Specialist Domestic Violence Courts, Independent Domestic Violence Advisers and Multi Agency Risk Assessment Conferences. These measures are, however, limited to victims who report to the police and are at high risk of harm, and are dependant on the area they live within. Given that only 24 percent of women experiencing domestic violence actually report this to the police, the needs of the further 76 percent can only be met by a range of specialist support and outreach services, based within the community.293

3. Support Services 3.1. A consistent theme from bureaux evidence concerns the lack of consistent levels of support services for victims of domestic violence, especially in emergency situations. The 2007 report Map of gaps: The postcode lottery of violence against women support services, published by the Commission for Equality and Human Rights and the End Violence Against Women coalition, detailed some of the gaps in service provision. 3.2. Government policy currently acknowledges the benefits of the voluntary sector, and promotes partnership working between the voluntary sector and the state. However there are concerns that organisations providing vital services to domestic violence victims are insuYcient to meet existing needs. Citizens Advice regularly gets reports about the diYculties of accessing specialist services especially in emergency situations, particularly where individuals have to deal with multiple agencies. A client of a CAB in the South West fled her abusive husband with her 13 year old son. Initially she stayed with her mother, but at the time of seeking advice, she was sleeping on the floor of her adult daughter’s flat. The client needed advice about rehousing, getting benefits for her son transferred into her name and to apply for jobseekers allowance. The client and her daughter had already visited local agencies and the local authority, and were told that help was only available to statutorily homeless people. The client was advised to go to the CAB. The CAB adviser rang Women’s Aid but was told that all advisers were busy. The adviser rang the local authority’s homeless team who said they could only put her up for one night at a shelter.

292 Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults, aged 18 or over, who are or have been intimate partners or family members, regardless of gender and sexuality. Family members are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly or indirectly related, in-laws or step-family. ACPO Guidance (2006) 293 Womens’ Aid Annual Survey, 2007 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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3.3. Bureaux also regularly report the diYculties experienced by clients trying to find refuge and other emergency accommodation: A client of a London CAB was in a violent relationship and applied to a local authority co- ordinated domestic violence agency and the homeless persons unit for emergency accommodation but the only refuge with a place available was in Scotland, which was simply not practical. A CAB in Surrey reported that a woman with two children was being harassed by her ex-partner ever since they split up. After her ex-partner had smashed up her car and threatened further violence, the client asked to be moved to a place of safety. The police and local social services spent a lot of time that day trying to find emergency accommodation for the client. However as it was late, no refuge or bed and breakfast spaces were available. The client had to remain in her home overnight. Due to an administrative oversight, nothing further was done to find the client emergency accommodation until the following afternoon, when she was referred to the CAB who managed to find a refuge space for her and her children. However the refuge asked her not to go there until the following day. This meant that the client had to spend two nights in her home feeling very frightened. 3.4. Citizens Advice believes that the government needs to develop a comprehensive funding strategy for support services for victims of domestic violence.

4. Civil Remedies and Legal Support 4.1. We have particular concerns about the availability of civil legal aid services on oVer through the Community Legal Service to assist with applying to the civil courts for injunctions. It is concerning that the Legal Services Research Centre’s periodic survey of legal needs reveals that 45,000 victims of domestic violence do nothing because they are unaware of their rights or are “too scared to do anything”, whilst another 250,000 with relationship problems take no action because they don’t want to damage the relationship.294 CABx often report that the problem of domestic violence victims not seeking appropriate legal help is exacerbated by shortages of LSC contracted family lawyers willing to take on domestic violence cases. Between 2001 and 2007 the number of solicitor oYces with a General Family Contract fell by 39 per cent, from 4,593 to 2,784.295 4.2. Civil legal aid is available in family matters where people qualify for the legal help means and merits test. Whilst there are more civil legal aid contracts in family law than in other categories of social welfare law, and 18,531 recorded acts of legal aid help in domestic violence cases, our evidence suggests that provision is inadequate as there are problems of lack of access at a local level when it is needed, especially on an emergency basis. Clients often have appointment waits of several weeks, or travel significant distances to find an appropriate firm before a solicitor will handle their case. Eligibility tests which include inaccessible equity or savings can also prevent access to legal support. And private providers typically charge a hefty up- front fee which may be unaVordable: A client of an East Yorkshire CAB suVered domestic violence and left the family home. The client and the CAB tried all the solicitors in the city but couldn’t find one who would do an initial free interview to discuss the client’s options regarding an injunction. The minimum payment requested was £200, but this was unaVordable for her. Eventually after pressure from the CAB, one firm accepted the client for free interview. A woman who had suVered domestic violence sought advice from a West Midlands CAB about an injunction and occupation order. However, although the bureau called over 10 solicitors listed by the Community Legal Service, none would take on the case. The only solicitor that oVered to take the case charged a minimum of £200 per hour. As the client was on low wages, she could not aVord this. The bureau called the domestic violence unit at two local police stations who said that they had the same list of solicitors and were experiencing the same diYculties for their cases. A CAB in Hampshire reported that the police had advised a woman with four children to get an injunction against her violent partner and his family. The client did not want to go into a refuge unless she really had to because of uprooting the four children. The client wished to see a solicitor in her local area, as she could not aVord to travel further. The adviser contacted all solicitors in the local town who could undertake family legal aid cases. Only one was able to take on the case, but as the client’s partner was already using them, there would be a conflict of interest. 4.3. The Domestic Violence Crime and Victims Act 2004 extended rights to civil remedies to a wider group of applicants. It is therefore likely that there will be an increase in the number of applications for civil injunctions, which will impact on the problem of accessing emergency services. What is needed is a dedicated emergency service for obtaining civil injunction or protection orders, perhaps developed in partnership between the Legal Services Commssion, HMCS and other agencies. One solution might be that where an emergency service is required and family law services are unavailable, victims of domestic violence could at least be able to access existing Police Station Duty Solicitor Schemes for the purposes of obtaining injunctive relief.

294 Causes of Action—Civil Law and Social Exclusion (LSRC) 295 Making Legal Rights a Reality for Children and Families. Vol II Legal Services Commission 2007 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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4.4. We welcome the Domestic Violence Helpline Service, run in partnership between Women’s Aid and Refuge, as an important initiative which can supplement access to family solicitors’ services available through the Community Legal Service and Community Legal Advice Direct. This service helps people gain faster access to legal support. However, with a dwindling supplier base for family legal aid, there are still concerns about insuYcient capacity to meet demand. A partnership approach is needed to ensure that victims can access any spare capacity amongst family lawyers who are able to do this work.

5. Homelessness 5.1. Many victims of domestic violence need to apply to local authorities for rehousing as homeless. For the local authority to have a duty to rehouse someone, they must show that they: — are habitually resident in the UK and are eligible for “recourse to public funds” under immigration law; — are statutorily homeless or threatened with homelessness; — are in priority need; — are not intentionally homeless; and — have a local connection. 5.2. Under existing homelessness legislation and guidance, victims of actual or threatened domestic violence should be considered to be in priority need. If they are seeking rehousing in another local authority area they should not be referred back to the local authority area where they used to live if they would be at risk of further violence. 5.3. However, there is insuYcient social housing to deal with demand and the Department for Communities and Local Government (DCLG) has encouraged local authorities to adopt a homelessness prevention approach by undertaking a housing options interview with any potentially homeless households in order to explore alternatives to making a homelessness application. However bureaux report that some local authorities appear to be using this to discourage victims of domestic violence from making a homelessness application which they will need to assess. This practice is known as “gatekeeping” and has particularly acute eVects for victims of domestic violence. A client of a West London CAB had been a victim of domestic violence for over twenty years from her husband. When she made the decision to leave her home and apply as homeless to the local authority, she was told that she was not homeless as she owned a property with her husband and could stay there. When the client explained to the homelessness oYcer that she was a victim of domestic violence and that she was a carer for her disabled adult son, she was told that there was no point putting in a homelessness application as the decision would only find that she was not homeless. Instead, she was advised to rent privately. A woman with two teenage children sought advice from a CAB in Somerset. She had left her husband because of his mental cruelty to her and violence towards one of her children. The council refused to recognise that this was suYcient cause to leave home and therefore refused to provide her with alternative accommodation. As a consequence the client and her children were forced to sleep rough. A CAB in Worcestershire reported that a woman suVering from domestic violence made an approach to the local authority to make a homelessness application. The local authority insisted that she sought legal advice to get an injunction against the perpetrator before they would accept her application. The client felt she had no option but to return home where she was subjected to further abuse. 5.4. We recommend that the DCLG issues further guidance to local authorities on the importance of ensuring that homelessness prevention strategies are not used to avoid accepting homelessness applications from victims of domestic violence.

6. Helping Victims of Domestic Violence Stay in Their Homes 6.1. One option which local authorities are encouraged to develop under their homelessness prevention strategies are sanctuary schemes to help victims of domestic violence stay in their home. A sanctuary scheme provides a safe room, or sanctuary, within a home fitted with various safety measures. Such measures would include the installation of alarms, mortice locks, security lights, reinforced door frames, emergency lights and CCTV. These measures are intended to give the victim the confidence and security to stay in their own home, if they wish to do so, after their partner has moved out. However, it is important that: — Victims who do not choose a sanctuary scheme should not deemed to be intentionally homeless; and — advice and support should be provided to help the victim achieve longer-term solutions to their housing problem, by creating space and opportunity for them to move on in a planned way. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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7. Benefits,Financial Support and Financial Inclusion 7.1. Citizens Advice considers that the DWP and HMRC should ensure that staV administering claims for benefits and tax credits are suYciently trained to respond appropriately when dealing with victims of domestic violence. Victims of domestic violence who have left their partner and home, may not have any money of their own, and therefore need access to benefits quickly. A CAB in Wiltshire reported that a woman with two young children had to move five times over a period of five months to escape a violent partner. She hadn’t filled in income support claim forms for each address and had therefore lost her entitlement. She was now living in private rented accommodation and needed a further social fund loan. She already had one crisis loan, and could not get a community care grant until her income support claim had been sorted out. She was overwhelmed with filling in forms and not getting anywhere, and in the meantime her and her family were living on around £97 per week. The DWP were unable to be flexible in accepting her claim due to her frequent changes of address, even when she was only somewhere for a couple of days. The CAB felt there should be more discretion on this. 7.2. It is particularly important for HMRC staV collecting and enforcing overpayments of tax credits to be sensitive to the issues faced by victims of domestic violence. Couples have to make a joint claim, and if any overpayment arises on this joint claim, they are both liable to repay. This liability continues after couples split up: A woman sought advice from a CAB in Sussex about a tax credit overpayment. The client’s ex- partner with whom she co-habited for 6 months proved to be violent, therefore she ended the relationship and he moved out. The client then received a letter informing her that she had been overpaid Tax Credit. The client agreed that she owed them some money but not the amount stated. The client needed advice about an appeal letter. HMRC insisted that all claims had to be dealt jointly with her ex-partner, something the client did not want to do because of the risk to her and her family.

8. Conclusion 8.1. Domestic violence is a multi-faceted issue. Policy initiatives to tackle the problem therefore need to be sensitive to associated issues social and financial exclusion. Too much domestic violence is invisible due to under reporting. The Government should aim to deliver improved access to legal remedies and develop flexible responses that can work between diVerent agencies. The key is early identification of, and intervention with, victims of domestic violence earlier by utilising all points of contact with statutory services and voluntary sector agencies. 8.2. Citizens Advice recommends that: — There should be a strengthening of the legal and reporting framework across the criminal justice system, and a drive to achieve a consistency across criminal justice agencies and areas to support initiatives to increase reporting prevalence. — There should be far greater investment and capacity building in dedicated services and partnerships supporting the victims of Domestic Violence and a greater focus on service gaps, specifically the supply of refuge places and the availability of the publicly funded legal services for obtaining civil redress. — The National Delivery Plan for Domestic Violence should be promoted and developed, as the basis for further guidance for statutory services dealing with domestic violence victims, developing co- ordinated responses, and delivering training for frontline service providers in local authorities, DWP and other relevant agencies. February 2008

APPENDIX 52

Memorandum submitted by Rights For Non-British Spouses This organisation was formalised in February 2005. The organisation has helped 40 women and three men victims of domestic violence and of whom have limited leave to remain in Britain. Their experience is not diVerent to those who are either British Citizens or are settled in Britain. They are traumatised, physically, sexually, emotionally and financially abused. They are expected to patch things up, make every eVort to preserve their marriage. They are dependent, lack financial control, feel insecure. They get threats to be killed and/or their family to be severely harmed. They are under social and family pressure. They are advised to put up with abuse and everything will turn out to be fine and they do not have the courage to challenge the age old values. In addition, their children have witnessed violence and other abuse. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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We have seen women with scars of burns, cuts, lashes, and broken limbs. Women physically, sexually and emotionally abused not only by their husbands but by the extended family members. Women who have lived in solitary confinement, women who attempted to take their life on several times before leaving violent relationships. We have seen women near to death from beating, women who had nervous breakdowns and women scarred for life, physically as well as emotionally, women starved and destitute. BUT they have all survived. Some fought against all the odds for the sake of their children while others while the others fought because they wished to live. However the problem is that these women do not have secure Immigration status. Under the two years Probationary Period Rule, they have a limited leave to remain in Britain and under the No Recourse to Public Funds rule they are not eligible to claim benefits or social housing. Women’s refuges that are maintained on the rental income through the benefit system can rarely aVord to accommodate such women. Consequently in fear of destitution they continue to be trapped in violent relationships. These rules have become a powerful weapon of control, and reinforce violence and patriarchal relations within the family. The documents, such as passports, are taken away and the abusers instil an absolute fear of deportation. Worse still, these rules provide a fertile ground for trial marriage. The perpetrators know very well that they are within the legal framework to dispose of the unwanted spouse or abuse them with impunity. Other worrying trends include abusers abandoning their foreign spouse in their country of origin, especially, following a marriage or within the two year probationary period. Such women are left to face social isolation, discrimination, destitution, humiliation and further physical, sexual and emotional violence without any hope of adequate state protection. Apart from the violation of basic human rights and obvious racial discriminatory nature of state policy and measures on domestic violence, the state actually forces those NGOs whose very existence is to provide protection and help to women, to perform an immigration function: ie to maintain the integrity of the immigration system. They are forced to separate women who will be entitled to protection from those who will not be protected. Because of such exclusion from all services, these women do not figure in the public and provider imagination. Needless to say, for our organisation as well as others (including the police and Social Services) on the front line, this issue is causing despair and desperation since options are so limited. Domestic Violence Rule allows persons subject to immigration control and domestic violence indefinite leave to remain in Britain. However it depends on the nature and quality of the evidence that is available to demonstrate they have been victim of domestic violence. Women in this situation (as expressed in their brief stories) suVer in silence and those around them are close relations of their spouse. The threat of deportation prevents them discussing their experience with anyone. Moreover they are not left to move around independently. Hence they do not always have the required evidence. Worse still, they are required to pay the Home OYce fee (currently £750) at the submission of an application. Women under Immigration control do not have such a sum of money because either they have not been allowed to work or because they are deprived of their income. The Domestic Violence Rule also requires women to submit their application for Indefinite Leave to Remain before their visa has expired. However many women are unaware of this requirement. While the Domestic Violence Rule is a positive step forward, it has failed to be beneficial to many women. This is due to the restrictive nature of the rule, both in terms of the evidential requirement and in relation to the category of persons who can avail themselves of the rule. The existence of No Recourse to Public Funds does not remove the fear of destitution and further violence. It strengthens the economic dependency of abused spouse on the abuser and prevents the majority from escaping violence and even death. In the Domestic Violence, Crime and Victims Act 2004, the Government acknowledges that welfare benefits and access to safe housing are essential prerequisites for all victims wishing to escape domestic violence. Yet this recognition is denied to those with insecure immigration status and in doing so puts them outside the scope of the protection aVorded by domestic violence legislation and policies including the Domestic Violence Rule. Women cannot avail themselves of the Domestic Violence Rule if they do have access to place of safety. It is evident from the women’s stories that destitution is a common experience and have a devastating impact on the ability of many women seeking support to flee domestic violence. Many had no choice but to return to violent relationship only to face further violence. One of the most disturbing trend observed by the Rights for Non-British Spouses is that women victims of domestic violence are not safeguarded under the “Safe Guarding Adults” and assistance is denied by many local authorities even to those ones with children. Among those local authorities that do help, there is no consistency of approach and some do not think they have a duty to assist unless there are child protection issues. We the Rights for Non- British Spouses hold a strong view that the Probationary Period and No Recourse to Public Funds Rules are racially discriminatory and violate human rights conventions to which Britain is signatory. These rules deny women with insecure immigration status and who are victims of domestic violence the protection and means to escape from violence. We therefore recommend that: — The two years Probationary Period Rule be removed from the statue book. — Indefinite leave to remain be granted at point of entry. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— All women be given protection from domestic violence regardless of their Immigration status. — All women trying to escape violent relationship be given right to claim welfare benefits and safe housing.

Annex 1

THE CASE OF “Y” I got married in India. My husband came back to Britain with his family two weeks after our marriage. He did not appear to be very happy. I did not pay much attention to it at first. I put it to not knowing each other and cultural diVerences. It was an arranged marriage. I tried to break the ice by asking him about his work, life in Britain and so on but he changed the subject every time. He only talked to me if it was necessary. I again put it to being shy and not knowing me well and thought communication will improve with time. However on the day he returned to Britain he told me, at the airport, that he did not wish to marry me but did so to please his mother. I was stunt to hear this and felt my world had collapsed in front of me. I cried all the way back home. I could not tell my family about it because they would have been devastated. My father had compelled me to get marry to this man. I thought if I tell him about this conversation, he would think I was making this up, as I did not wish to go abroad. My father-in-law brought all the documents to India, accompanied me to the British Embassy and was granted a spousal visa for two years after an interview. I arrived into Britain a year after the marriage. My husband was still very quiet and did not show any excitement as new couples usually do. Life was not pleasant from the beginning. I was criticised for every little thing and was shouted at by my in-laws. I stayed with my In-laws for four months before moving into a house jointly owned by my husband and his younger brother. My husband did not come home until early morning every day and then he demanded to have sex with him. He beat me up if I refused. I was raped every night. Although he refused to eat the food I cooked he must have sex with me. One day my brother-in-law said that as my husband did not have any interest in me, I could become his mistress. I, due to my upbringing, did not want to break my marriage and hoped one day he would turn back and life would become normal. I started working in a sewing factory, although I have M.A. degree in politics and am computer literate. I had no choice but to accept employment that came to my direction. This gave me something to occupy my mind. I wanted to upgrade my education to British level but my in-laws did not allow me to do so. I heard them talking one day that if I were allowed to take further education, I most certainly would not stay with their son or would become too independent. I tolerated everything for sake of my marriage. My neighbour however sent for police twice but I refused to press charges. My in-laws and my husband threatened to send me back to India and refused to apply for indefinite leave to remain in Britain. I begged my father-in-law for help but they all were insistent to send me back. My father had heart attack when he heard what I had been going through for the two years I lived with my husband and his family. Although my parents love me to bits the social pressure was such they felt helpless and said they would be humiliated by the village community if I return with the label “divorcee”. Due to social norms, I would not have been valued regardless of my education. I therefore had no choice left but to leave home and applied for indefinite leave to remain under the Domestic Violence Rule. My husband beat me again on the night before I left. Regardless of the threats and beating and sexual abuse, I did not wish to take this action. My neighbours again called the police and this time I felt I could not continue to bear abuse as my marriage clearly was over. The police took me the a distant relative who accommodated me for a few weeks and I had to leave for another one who also did not wish to keep me for indefinitely. I did not get a place in refuge because of my immigration status. Police tried to persuade me to give a statement but I still did not wish to hurt my in- laws by pressing charged against my husband until my father-in-law refused to speak to me. This young woman left with the help of the police and was taken to a distance relative where she had to leave to be with another one. She did not get a place in a refuge because of her immigration status. The relative she is with did not wish to support her indefinitely. After a lot of persuasion by the police she has now pressed charges to rape. She was still thinking her in-laws did not want them to be heart until her father- in-law refused to speak to her; she was left with no choice but to cooperate with the police. This young woman later contacted me a couple of months to let me know that she was returning to her husband as he and her in-laws have given her assurance through some other relations that what happened in the past would not be repeated. She said she was living a life of a destitute and was under a lot of pressure from her own family and people acting as middle persons. I did try to explain to her that this kind of behaviour does not stop and she should think carefully. She said she would leave her life to the God. I have not heard from this young woman since. I think if the state support was forthcoming, she did not have to live at the mercy of her relations. In my opinion she did not get the protection British nationals and those with settled immigration status get under the Domestic Violence, Crime and Victims Act 2004. This lady and many like her are let down by the system. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 325

This is an example that in fear of destitution many women with uncertain immigration status continue to live in the violent household. The violence and abuse does not only come from the husband, the whole family are participants especially in the joint families.

Annex 2

THE CASE OF “M” I got engaged in India. Six months later I arrive in Britain on a fiance´e visa. Everyone was very happy with me. My wedding date was fixed for March. As I did not have any relations in Britain I stayed with my husband’s aunty until I got married. She treated me very well. We went for honeymoon where my husband often left me in the room alone and said he was going to order a meal for us from the hotel but did not used to return for several hours. He would say he had been talking to a friend and would say nothing more. On our return he said he wanted to start family straight away but I did not think this was wise because I wanted to settled together and be independent. He used to come back home late and said he had been with friends and avoided me questioning him. However he became pretty responsible after I got pregnant. He came back home reasonably early and was considerate about my needs. I was very happy with the change in him. My mother-in-law on the other hand was not happy me being pregnant and told me oV. I said it was a joint decision and asked her to ask her son. I however was very worried and upset because my mother-in- law started giving me hard time but I did not share it with my husband thinking he may not like to be talked about his mother. Noticing I being unhappy my husband asked me for the reason of me being upset and stressed. I told him about the conversation with mother-in-law. He advised me not to take any notice of her. My mother-in-law started telling tales to my husband that I did not do any work and was being lazy although I did all the housework before I went to work, made breakfast for everyone and did the washing up. I had to do dusting every day after I came back from work, cooked the evening meal, and served food, did washing up and did the laundry at the weekend. All this made me very tired. On top of all this my mother- in-law was insistent that I learnt English. It was not that I was not interested but I did not have any energy left and could not concentrate. I was made to walk to the education centre that was one and half miles away from home. Although there were cars in the house standing idle, no one oVered me a lift. I tolerated all this in order to save my marriage. My life took another move when my mother-in-law went abroad with her daughters. I was five months pregnant then. One day my husband was not at home either. I was alone with my father-in-law. He asked me to sleep with him. I could not believe what I was hearing. I thought how a Father (I treated him like one) could say such a thing to his daughter. I protested and threatened that I shall tell everyone. He backed oV. I believe he was aware of the consequences. When I told my husband and other members of the family, they all took my father-in-law’s side and said he was not capable of such a thing. My life toppled up now. My husband now joined his parents and I was beaten up physically and mentally tortured daily. My mother-in-law did not want my husband to share the room with me and he moved into another room. I gave birth to a lovely son. Now I was occupied with my son and I enjoyed being with him. Although the family behaviour had not changed I was able to tolerate it better because I had my son who gave me lot of joy and reason to live. My husband was also happy although he did not show the happiness in front of his parents. He used to come into my bedroom and we had a secret family life. These secret meetings bore result and I got pregnant again. When my mother-in-law found this out she accused me having an aVair and argued that since her son was sleeping in a diVerent room the pregnancy was by someone else. I looked at my husband hoping he will support me; he looked away and said that child was not his. I could not believe I was hearing this I wish the earth gave way and I was buried in it. I could take my life if it was not for my son. Despite all this I stayed with my husband and his family. Where could I go? I did not know my rights, did not know where to get help. One day he beat me so severely and nearly threw me down the stairs and was rescued by a worker in the shop my in-laws own. Next day my in-laws arranged to move me into another house they owned. My husband visited me there. His behaviour towards me continued to be the same. One day I was going up the stairs, my husband pulled me down and beat me heartlessly. I could tolerate no more so I called the police and was taken into a refuge. I had only two pounds. I bought one loaf of bread, margarine and a carton of milk. I made sure my son was fed but I did not eat for ten days before the refuge gave me ten pounds for shopping. At the anti-natal clinic I found my child died in my womb. I became very distressed and grieved for my child alone. To make things worst I found that I had over-stayed my visa. I was very worried for mine and my child’s future. Where would I go with my child if I was deported? I lived stressful life for two years before I was granted indefinite leave to remain in Britain. My experience is beyond words. I would not wish it upon no one, not even my worst enemy. It is my wish that Government protects women like me and gets rid of the probationary period and should give them right to access public fund, so that they do not have to go through further hardship they suVer from their in-laws. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 326 Home Affairs Committee: Evidence

I do not wish to be reminded of my experience. I want to bury it deep in my heart. My experience wrecked my self-esteem. I had no confidence; all I did was cried, cried and cried. I am now trying to rebuild my life. I got a job. My son goes to school. I am happy with my life. However my past still haunts me as it walks with me like a shadow that makes me shiver. February 2008

APPENDIX 53

Memorandum submitted by the Association of Directors of Childrens Services

Introduction 1. The Association of Directors of Children’s Services (ADCS) is pleased to submit this written evidence to the Home AVairs Select Committee. ADCS is the national leadership organisation in England for directors of children’s services appointed under the provisions of the Children Act 2004 and for other children’s services professional in leadership roles. The Association provides a national voice as a champion for children, with local and central government, and with the public. 2. The Association is willing to give oral evidence in front of the Committee. 3. There can be no question that forced marriages are wrong, and that the risk of forced marriages is a serious safeguarding issue for local authorities, schools, colleges and other agencies within Children’s Trusts.

Children Missing Education:Factual Information 3. Under the Education and Inspections Act 2006, local authorities have a duty to identify children who are not receiving a suitable education (“children missing education”—CME), and statutory guidance on this duty was issued in February 2007. 4. Local authorities have put in place arrangements to deliver the duty, and most have made specific appointments or designated existing staV as Children Missing Education OYcers (CMEOs). 5. Typically CMEOs are members of Local Safeguarding Children Boards (LSCBs) in order to ensure that CME issues are dealt with in respect of safeguarding and child protection. 6. CMEOs are often located within Education Welfare Services (EWSs) and always have close links to these services. Typically, Principal Education Welfare OYcers (PEWOs) or their nominee attend all multi- agency Child Strategy Meetings in order to ensure that the link between school attendance and safeguarding is properly considered. 7. Typically schools carry out initial enquiries when a child does not attend, and where this does not lead to attendance, the EWS is informed. The EWS makes home visits, speaks to neighbours, and if concerns persist the child is entered on the S2S database and reported to the CME OYcer who carries out an in-depth search, involving other agencies as needed. 8. There is a considerable variation in experience of forced marriage across the country. Some local authorities with significant minority ethnic populations report very few if any concerns related to forced marriage. These local authorities report, for example, that there are few if any cases of children and young people of school age not returning from holiday in south Asia, or cases of children and young people disclosing concerns about forced marriage, either before or after the fact. 9. Typically, practice would be to contact police only when there are serious concerns about the safety and welfare of a child or young person, for example where there is evidence of particular vulnerability or where the child or young person is in the care of the local authority. In these cases a multi-agency strategy meeting is held to agree appropriate actions. 10. The reasons for children missing education are many and varied. At any one time, investigations will be ongoing and some children will not have been located. 11. Where a child is known to the local authority and is not attending school the local authority will take appropriate action, including enforcement action, to ensure that they attend. However an increasing number of children and young people are being educated at home—“otherwise than at school”—and the national requirements for arrangements to secure their welfare and the quality of their education are significantly less robust than for children on a school roll. However, local authorities work with parents who “home educate” with a view to ensuring that minimum standards are met. 12. Schools notify local authorities where children are not attending school, and where local action has not proved eVective. These children may be on the roll of the school, or they may have been excluded from school, they may be taking a holiday (sometimes a extended holiday of many months) without the permission of the school, or they may just have moved from the area without notifying the school. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 327

13. The most diYcult cases to trace are those where parents have not notified the school or local authority of either a move or an extended holiday. 14. The reasons for taking extended leave are broader than forced marriage. For example, in the recent tragic case of Scarlett Keeling (age 15), who was murdered in Goa, newspaper reports are that the mother and children were on an extended holiday; and it is unlikely that the school or local authority would have been notified of this in advance. 15. ContactPoint will, when fully operational, provide a basis for identifying and locating rapidly children and young people within the UK. Most of these children and young people will be known by their “new” local authority and be properly placed in school. However, at any one time, there will still be a significant group who are abroad, or who are deliberately not identifying themselves to the authorities for a variety of reasons.

Forced Marriages:Factual Information

16. Local Safeguarding Children Boards (LSCBs) are responsible in each area for developing appropriate local policy and practice in the light of national guidance. 17. Arranged marriages are a common feature in some cultures. The key diVerence is that a forced marriage is made against the will of, and without the consent of, one or both of the parties concerned. Some apparent consents are secured by coercion, including threats of violence, and mental or physical intimidation. Usually such coercion is carried out by the parents, who are in a powerful position to do so, abusing their parental authority, and with potential victims unable to leave the parental home. 18. Many forced marriages are not announced in advance, even to the two participants, because the parents are aware that action might be taken to protect the participants, and the participants might seek to leave the family or seek protection from public or voluntary agencies. It is for this reason that young people should be made aware of the support that is available locally if they are concerned that they, or one of their friends, may be expected to marry against their will. 19. Forced marriages are usually undertaken abroad, when the participants are remote from their local communities and support, and where coercion can more easily be applied. 20. Some forced marriages are undertaken when one of the participants is told that they are leaving the country for a holiday. 21. Where a child or young person discloses that they are concerned that they may be the subject of a forced marriage, then the safeguarding procedures agreed locally should be implemented as a matter of urgency. The disclosure could be to a teacher, a youth worker, a health worker, a police oYcer, or a worker in any of the public, voluntary or community services with which the child or young person may have contact. 22. Local safeguarding procedures can include taking the children and young people into the care of the local authority, either into foster care or a specialist children’s home. While such responses are needed in some cases, they are not universally appropriate, and in any event the local authority will need to consider with the child or young person concerned how their long-term care and well-being can best be secured.

Recommendations

23. Local safeguarding procedures will include such measures as training and awareness-raising of professionals and volunteers likely to come into contact with children and young people at risk of forced marriage, and publicity and education programmes to encourage children and young people to disclose a fear that they may be subject to forced marriage, in the confidence that appropriate action will be taken. These education programmes can and should be included as part of the normal education programme, within sex and relationships education (SRE) or personal, social and health education (PSHE) or otherwise. 24. While there is some evidence that headteachers are reluctant to display the more lurid publicity materials on forced marriage, schools, youth centres and health centres are key locations, and should be strongly encouraged to take an active part in both prevention and early intervention as part of their safeguarding responsibility. A range of materials should be made available that could easily be customised to meet local requirements. Best practice would indicate that young people should be consulted on the materials that would best meet local needs. 25. Local authorities and other public agencies should, through the work of Local Safeguarding Children’s Boards and Children’s Trusts, promote community education and awareness raising among communities that forced marriages are both wrong and unlawful for children and young people normally resident in the United Kingdom. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 328 Home Affairs Committee: Evidence

26. Where a local authority, school or college becomes aware that an individual child or young person is at risk of forced marriage, other than through disclosure, usually because the child or young person stops attending school or college, or goes missing, then immediate multi-agency action needs to be taken. Unfortunately this action very often proves to be too late. Case Study—A A, a 16-year-old girl whose family was originally from Pakistan had been taken into the care of the local authority and placed in foster care at the age of 14, following serious physical abuse. The foster placement had proved successful, and had continued for two years. A was on the borderline of moderate learning diYculties, but achieved modest success at school and was attending a local college. One evening A did not return home from college. The police were contacted immediately and the normal searches undertaken without success. A multi-agency strategy meeting took place the following day, leading to further searches and local publicity. Following further fruitless enquiries it was concluded that it was likely that A was no longer in the country. There was no evidence as to whether she had been subjected to a forced marriage but that was a possible conclusion. 27. Post facto action will almost always be ineVective, either because the child or young person who becomes missing or stops attending school or college will already have left the country before the local authority becomes aware of the problem, or because the child or young person has been taken out of the country on a pretext. This reinforces the need both to increase the likelihood of disclosure and eVective follow-up action where there is a risk of forced marriage, and to improve community education to reinforce that such practices are morally wrong and unlawful. 28. There have been examples when the enforcement agencies and the Forced Marriages Unit have taken eVective action, and the police have on at least one occasion removed a vulnerable young person from an airliner about to take oV to leave the United Kingdom. But such successes are rare; where a vulnerable young person is in the care of a local authority, for example, notification processes can be carried through more rapidly. 29. The ADCS would welcome a national review of practice, procedures and strategies relating to forced marriages, as well as of the underlying evidence relating to domestic violence. March 2008

APPENDIX 54

Memorandum submitted by Derby Council Thank you for your letter of 12 March (received 17 March) addressed to the Chief Executive, asking for any further information about the situation in this area in relation to forced marriages. In previous evidence submitted to the Committee, inaccurate information has been given about the position in Derby’s secondary schools. This has resulted in critical reporting in the national and local media and I am pleased to be able to correct that information. I attach a copy of our letter to the Secretary of State, dated 15 February. This sets out the position in Derby’s schools. In addition to this letter, I would like to oVer the following information. At the same time as answering the issues raised at the Select Committee meeting, we arranged for a representative of the Forced Marriages Unit to attend a meeting of our secondary heads. This took place last week and was very helpful both in setting out clearly the role of the FMU and support available from it, and for schools to advise the FMU on ways of disseminating information as a support to full and appropriate coverage of this matter. There is a specific section in the Derby and Derbyshire Safeguarding Children’s Procedures and training is available for agencies. The Local Safeguarding Children Board has a Quality Assurance sub-group which monitors progress across the LSCB agenda and deals with any specific quality issues. Child protection training for all secondary schools refers to domestic violence and forced marriages and child protection coordinators in schools have received guidance about how to proceed when suspicions or concerns are raised. All Education Welfare OYcers have had training in these issues. Where specific concerns about forced marriages arise, schools will contact the Education Welfare Service or duty social care team for guidance. To comply with the requirements of our safeguarding procedures, a strategy meeting is held, where appropriate, and the FMU is advised where international liaison may be necessary. The local organisation, Karma Nirvana has also provided consultancy. Schools are always involved in strategy meetings and have always been helpful and appreciative of the issues and concerns. We understand there are new training materials which will be implemented soon and work with faith communities is continuing. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 329

Although these measures are in place, we are certainly not complacent. Recent meetings of the Derby Safeguarding Children Board and Community Cohesion Leadership Group have also given consideration to this issue within the wider context of domestic violence, and there is a clear view of the increasing priority that needs to be given to in our multi-agency work (of which there is a strong tradition and foundation in Derby). We will certainly continue to scrutinise the reported figures and the issues behind them. I trust that this information sets out clearly the measures that are in place in the city, our recognition of the concerns around forced marriages and our readiness to address them.

Annex Derby Council Letter to Ed Balls MP, Secretary of State for Children, Schools and Families As you are aware, there has been significant recent media attention around the subject of forced marriage and how schools in Derby have allegedly refused to display related posters which have been published by the Government’s Forced Marriage Unit. The allegation came from Karma Nirvana during the course of a Home AVairs Parliamentary Sub-Committee meeting and has been covered extensively by the local and regional media. I am also aware the Martin Salter MP has written to you about this, specifically mentioning Derby. I have since verified the position with the 13 maintained secondary schools in Derby and thought it would be useful to share some factual details with you. The poster referred to has not actually been sent to schools. Rather, it is available on request from the Government’s Forced Marriage Unit. The Unit tells us that schools usually become aware of their publications through their website or by word of mouth. It is not so much a case, therefore, of schools refusing to display the poster, but not being aware of the poster’s existence. There is also a reference on Teachernet to FMU guidance but given the large number of websites and other sources of information that schools need to keep abreast of, I suspect this is not a completely reliable approach to dissemination, if the Government expects all schools to address this issue actively by displaying such posters. Three of our schools have been directly approached by Karma Nirvana, being schools with a high proportion of children and young people of Asian heritage. Of those three, two have engaged staV from Karma Nirvana to work directly in their schools as part of the PSHCE programmes around marriage. Furthermore, one of these is displaying the poster and associated leaflets. The third school approached by Karma Nirvana already has in place a planned scheme of work on marriage which includes educating children from all backgrounds about the issues associated with forced marriage. None of the other ten secondary schools in Derby recalls having been contacted by Karma Nirvana on the subject. Furthermore, what strongly emerged from talking to Headteachers was that they are all highly aware and committed to responsible teaching around the subject of forced marriage. They did inevitably, however, all resent the allegation from Karma Nirvana which is a misrepresentation of the true position. More generally, we are aware that there is considerable sensitivity around the traditions of arranged marriage and forced marriage and a subsequent reluctance amongst many to openly discuss associated issues. We are acutely aware of this and are working with schools to ensure that young people receive appropriate messages and advice about where to seek support and help if they are concerned that they may become victims of forced marriage. I hope this clarifies the position for you and assists you in addressing the issues recently raised with you and in the media. March 2008

APPENDIX 55

Memorandum submitted by Blackburn with Darwen Borough Councils Blackburn with Darwen wish to submit the following written evidence in response to the invitation of the Right Honourable Keith Vaz MP Blackburn with Darwen responded to Government OYce North West (GONW) for the number of children deemed not to be receiving an eVective education. We reported 6 children:- One male child aged five from a transient family. The family have left their current address and we have forwarded the child’s details to the Local Authority to which we believe the family were moving. As we have not had a reply from that Authority we could not guarantee that this pupil was in receipt of eVective education. We reported five children whose parents had not returned from extended leave. There were three male children aged, five, 10 & 10, and two female children aged eight & nine. None of these children were considered to be at risk of forced marriage but were considered by us as probably not receiving an appropriate education as their parents have not informed us of the name of the school they are attending on the Indian subcontinent during their absence from the United Kingdom. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 330 Home Affairs Committee: Evidence

Blackburn with Darwen has a large Asian heritage population. We have successfully worked with schools, families and mosques to significantly reduce the number of schools days lost to extended leave. Parents applying for leave have their details registered on our Extended Leave Database including their return date as stated on their air tickets. Parents and pupils, where age appropriate, are provided with telephone contact details in case of diYculties. If the child does not return on the date agreed contact is attempted with the family to ascertain the name of the school the child is attending. If we do not receive the name of the school we consider the child “not to be in receipt of appropriate education”.

Forced Marriages Blackburn with Darwen is sensitive to the potential of forced marriages, although we have had no contact from the forced marriage unit to indicate that this is a particular issue for Blackburn with Darwen children and young people. Indeed, we understand that the Forced Marriage Unit does not currently collect statistics on cases on the basis of British Local Government areas. To address the issue we: — Have a Forced Marriage Protocol as part of the LSCB suite of policies and procedures — Include training on Forced Marriages in basic Child Protection training for school staV — Act as the single point of contact for schools expressing concerns about the potential for forced marriage — Liaise with the Forced Marriage Unit on behalf of any school/professional expressing concern. Safeguarding is one of our key priorities and we:- — Have recently dedicated a Headteacher meeting to scoping issues and support for schools — Are holding a “Safeguarding Week” in October 2008 — Are developing a resource database for schools — Funded a Child Protection OYcer based with Lancashire Council of Mosques for 3 years to work with the community and Madressahs on child protection issues — Have commissioned research on the reasons for the low take up of services from BME communities — Are holding a conference for Independent Sector Schools on children protection issues — Provide children protection training for Independent Schools and FE settings — Have issued all settings with a Safe Recruitment Toolkit We welcome the decision of the DCSF to work with the Forced Marriage Unit to develop materials specifically for schools which are tailored to young people. When the resources are available we will disseminate these to schools as part of further awareness training. We also welcome the move to mandatory training for all staV. The protection of our children and young people is our highest priority and so we would be pleased to receive any intelligence which government department have which would assist us in carrying out our duties. We will be happy to work together on issues relating to forced marriage.

Children Missing an Effective Education

Blackburn with Darwen believes that close monitoring of all children and young people not receiving an eVective education significantly supports the safeguarding agenda. To strengthen this we have: — Protocols in place where all professionals notify any child they believe not to be in education to us — Have established enhanced monitoring of elective home education by creating an extended oYcer group who undertake more regular monitoring particularly of the quality of educational experience oVered by home educating parents. This has resulted in us not moving to issue any school attendance orders since this process was strengthened — We have a children missing from education protocol with our neighbouring Local Authorities and this is in the process of being updated following the recent guidelines As you are aware the DCSF has a national database onto which Local Authorities place the details of any pupil who leaves their area. Receiving schools are expected to contact their local authority anytime they receive a pupil from out of area. From experience the second part of the process may not always be robust. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 331

We would support a national initiative which addressed the issue of eVective use of this school to school database, and clarity about the link between school to school and contact point would be helpful. A process which used information from, for example the benefits agency, would ensure that only those pupils who are genuinely “missing” have their details recorded and those children who may be ‘at risk’ are therefore quickly and clearly identified. March 2008

APPENDIX 56

Memorandum submitted by Bristol City Council Bristol City Council has been identified as a local authority with a high prevalence of forced marriage by the Forced Marriage Unit. To date our evidence would suggest that we do not have a high prevalence of forced marriages and our safeguarding oYcer has not been involved with the Forced Marriage Unit on individual case work. The Authority takes the issue of all children missing education very seriously. Procedures for tracking children and young people missing education have been re-written and clearly identify actions to be taken by schools and other agencies. The procedures will be monitored by a specific Children Missing Education oYcer who will link with the relevant agencies to secure educational provision. The Authority also has in place an Equalities and Inclusion team which liaises on a regular basis with all sectors of the community. It is the conduit for schools if they have any concerns regarding forced marriages. The Service is working with secondary schools to ensure that the FMU posters are appropriately displayed. Child Protection (safeguarding) training for our schools and our supplementary schools includes issues such as forced marriage, female genital mutilation and sexual exploitation. The Authority is currently developing an additional resource for schools to include in their PSHE programmes, forced marriages will be one of the areas covered. Training will be oVered to staV on the PSHE resource and will include how to spot the signs of forced marriage (eg extended holidays) and awareness raising on how to intervene and who to contact. All pupils below 85% attendance are also monitored and schools work with the Education Welfare Service. The Authority follows all statutory procedures for Children Missing Education and is putting in place additional support and training through PSHE resources and Child Protection training to raise awareness of forced marriages in all our schools. March 2008

APPENDIX 57

Memorandum submitted by Tower Hamlets Council Thank you for letter of 12 March inviting the Authority to contribute information to assist the current inquiry into the issue of forced marriage. It may be helpful at first to clarify the data that was provided last week, which was subsequently misinterpreted in the media. The Authority was asked “How many children are judged to be not receiving a suitable education (either currently, or at the last date for which figures are available—please ensure the date is also provided)”. Our reply was that there had been 46 children referred since September 2007, 30 of whom had been admitted to school by 10 March 2008. This left 16 cases being worked with by the Attendance & Welfare Adviser (AWA) for Children Missing Education (CME). These were all children confirmed as living in Tower Hamlets who were not currently on a school roll and this figure did not relate in any way to forced marriage. A further 20 were being checked by the AWA (CME) to determine whether they had taken up school places that had been oVered or were out of school. None of these were linked to forced marriage. Records are also kept of and searches undertaken for “missing children” who are no longer living in Tower Hamlets and whose whereabouts are unknown. Many children are located eventually but some are not. The most common reason for children remaining on the register is where families have gone to live abroad, often to the country of origin, leaving no forwarding address. There are 27 names on the missing children register, 12 have been added in the current academic year. Forced marriage was not reported as a contributory factor in any of the 27 cases. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 332 Home Affairs Committee: Evidence

A number of measures have been taken to raise awareness of the issue of forced marriage and to facilitate referrals from schools where this may be a concern, including:- — Forced Marriage is a component within the ‘Working with Bangladeshi Children & Families’ multi-agency training which includes participants from Education. It is alsoUreferred to in the Education 1 day courses, in the Foundation multi-agency 1 day courseUand in hand outs. The diVerences between arranged and forced marriage are covered. — There is a protocol in Tower Hamlets and our advice is thatUany concerns should be referred to Children’s Services if under 18 and/or the Police and Vulnerable Adults Team. Our Child Protection Advice Line provides a service to schools and all other local agencies to discuss and report any safeguarding concerns, including forced marriage. — Our Children Missing Education Guidance for schools includes forced marriage as a reason for absence and advises immediate referral to the Child Protection Advice Line. — Forced marriage is covered by the London Child Protection Procedures (section 5.15). Our LSCB procedures sub-group will review thisUwith a view to producing a supplementary local protocol. The procedures are circulated to all schools. — PHSE encompasses keeping safe, children’s rights and domestic violence. Forced marriage in Tower Hamlets has been linked to domestic violence so the training delivered to schools has been particularly focused on domestic violence. — The Ashiana Project is based in East London. It is a “quick response” organisation that gives very active support. It liaises with the Home OYce and contacts Social Care whist providing individual support to the young women involved. Our Pupil Referral Unit reports that Ashiana has always shown up on the same day as contacted and operates a safe house for young people located outside the borough. The Project has also given sessions as part of the PRU PSHE programme outlining issues, rights and what to do if faced with forced marriage. The PRU has referred concerns about two Year 11 students in relation to possible forced marriage in the last three years. — Children’s Services staV have participated in a recent course delivered by the Ashiana ‘Safe Haven’ Outreach Programme in partnership with the Sapphire Unit that addressed forced marriage and domestic violence. — A multi-agency conference on forced marriage has been held with representation among others from schools, the Council of Mosques and local authority. — In the Equalities Impact Assessment that has recently been completed on the Attendance & Welfare Service there was no evidence of forced marriage being an issue in non-attendance at school. — The Tower Hamlets web site publishes specific information on forced marriage, defines it as a form of domestic violence and child abuse and advises how to access support, both locally and from the Forced Marriage Unit. 20 March 2008

APPENDIX 58

Memorandum submitted Anonymously

I was listening to radio 4 this morning and heard your interview regarding young women “lost” to the education system and at risk of forced marriage.

My mother was on the board of govenors of a school in the north of England in the 70 & 80s. This issue is one she discussed at table with us throughout this period, she was deeply concerned as she felt no-one cared and if raised it was passed oV in relation to the Asian Community as “cultural”.

Whilst local authorities may be aware of those that are missing currently I wonder how many young women have gone missing from the system over the 20 to 30 years since my mother raised this.

As a woman my mother believed in the power of education and was passionate about the rights of women to determine their futures and was frustrated constantly by the way this issue was not addressed or ignored. Had she heard your interview this morning she would have said “at last”—sadly she has died before the opportunity has come up. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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My mothers understanding of this suggested that families often took young women on extended hokidays to the home country, six months or so and when this period had elapsed there was no trail for the school or authority to follow up. If the girl returned, fine, if not there was no trail for anyone to follow—the solution may be something could be as simple as when permission for such breaks is put in place by the school or local authority it is condidtional on keeping in touch through a consulate or e-mail. This could be applied simply across all communities who do this including those from Europe or S.America so as not to “punish” one community. March 2008

APPENDIX 59

Memorandum submitted by the Department of Health

1. Overview of Health Work on Tackling Domestic Violence

Progress with maternity services The Department of Health (DH) has taken integrated measures to address domestic violence including making significant progress in the early identification of, and intervention with, domestic violence victims. Routine enquiring of all pregnant women has been rolled out, when taking a social history and providing information, irrespective of the response with the intent of raising awareness around support services. This provides a safe and confidential environment. Related work to disseminate and underpin with training includes: — DH set up the Domestic Abuse and Pregnancy Advisory Group in 2005 with representation from the relevant Royal Colleges and voluntary organisations with an interest in domestic abuse. The Group’s recommendations informed the production of the updated domestic abuse handbook, Responding to domestic abuse: a handbook for health professionals. — Development of a framework to underpin and support practical, evidence-based guidance. — A training manual for Health Professionals was published in partnership with DH and the Home OYce. — A number of regional “Train the Trainer” workshops took place to impart domestic abuse training in order for senior practitioners to return to their localities to train midwives in improved practice in responding to domestic violence and abuse.

Work being done with A&E Departments An expert group including leading clinicians and cross government oYcials have overseen this work and have ensured that patient confidentiality, legal and ethical issues have been addressed. We are working to increase the early identification of and intervention with, victims of domestic violence through appropriate de-personalised information sharing between health and CJS and develop evidence based response and national standardisation of data collection and sharing. Work is in hand to develop a national dataset template, and the evaluation and findings of the A&E pilots have informed that work. Violent crime has significant costs to the NHS; bed days related to crime and disorder cost the NHS between £1.1 and £2.3 billion per year. By focusing eVorts on violence prevention, both costs and violent assaults can be reduced through an integrated and informed process. In the south-east, pilots have taken place in 22 A&E departments, which has helped inform the dataset feasibility, and applicability nationally. — Domestic and sexual violence and abuse diagnostic codes were agreed and went live in 2006. — The 22 A&E pilots rolled out in the Southeast illustrated that it is feasible to roll out a sound evidence based model across the majority of A&Es. The pilot sites established electronic A&E data collection systems with a minimum data set and produced protocols on data safety and transfer and management of patients who are identified as vulnerable/at-risk. — A system was created to transfer de-personalised data to local CDRP/Community safety collation. — Alongside this the “Do Once & Share” pilot at Addenbrookes Hospital demonstrated that data could be collected in a busy clinical setting. Data was collected in three environments including A&E, a Maternity Hospital and a single GP Practice. A referral pathway was established between A&E and maternal health. — Within the 22 A&E pilot sites many A&E’s are now providing an alcohol/domestic violence liaison nurse. Consensual referral designed & developed linked into local Multi Agency Risk Assessment Conferences (MARACs). Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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GP Practices and Primary Care Trusts

Primary Care Trusts were encouraged to engage with the Tackling Violent Crime Programme and supported to deliver their responsibilities regarding Crime and Disorder Reduction Partnerships and to develop good practice. — The Health Technology Assessment Programme has a current project, a systematic review looking at “how far . . . screening women for partner violence in diVerent health care settings meet the UK National Screening Committee criteria for a screening programme in terms of condition, screening method and intervention.”

Children — In work on domestic violence and children, there has been further progress on integrating an awareness of domestic violence into wider work to safeguard children. — We are producing a children and domestic violence toolkit (Spring 2008). — The Department is working with NICE on developing guidance on the identification and recognition of all forms of child abuse. Guidelines are expected in late 2008. — Domestic Violence is one of the areas highlighted within identification of need and risk in the Child Health Promotion Programme guide, Pregnancy and the first five years of life published March 2008.

Mental Health

Between 2002 and 2008, the DH has provided 20 streams of funding totalling over £1.95 million to 12 mental health voluntary and community sector organisations providing therapeutic services for victims of abuse. This funding goes towards their central administrative costs and/or innovative projects. DH funded “Oppressed Voices: understanding the eVects of domestic violence in mental health” (2006) which explores the impact of culture on women’s views of domestic violence and help seeking in particular within the South Asian Community. The Improving Access to Psychological Therapies (IAPT) programme seeks to deliver on the commitment to provide improved access to psychological therapies for people who require the help of mental health services. It also responds to service user’s requests for more personalised services based around their individuals needs. It will test the eVectiveness of providing increases in evidence based psychological therapy services to people with “common” mental health problems such as anxiety and depression, in providing improvements in health, well-being and in maintaining people or returning people to employment and community participation. The DH Victims of Violence and Abuse Programme will report in early summer 2008 and will include guidance for PCTs on the impact of domestic violence on mental health. The guidance will emphasise the need for close collaboration with the voluntary sector as well as other statutory agencies in providing a comprehensive service for both adult and child victims of abuse.

For all victims of violence and abuse

We will be publishing a National Violence & Abuse Prevention Strategy (health) in Spring 2008. The National Violence & Abuse Prevention Strategy will identify risk factors for violence and abuse and what works in terms of prevention.

MARACs

Initiatives such as Multi-Agency Risk Assessment Conferences (MARACs) and Specialists Domestic Violence courts have demonstrated their eVectiveness in respectively reducing repeat incidents of domestic violence oVences and higher conviction rates for perpetrators. Health authorities provide representation towards these initiatives that incorporate safety planning and risk assessment/management and safe information sharing. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Forced Marriage We have commissioned and funded a voluntary sector organisation to produce a report on developing eVective responses for Asian women experiencing domestic violence. This is due to be published in Spring 2008. Guidelines were produced to assist health professionals who suspect cases of forced marriage. Aimed at frontline practitioners such as GPs, school nurses, midwives, and A&E staV, the guidelines provide practical advice on how to recognise the warning signs, and what to do if a patient discloses that they have been, or are about to be, forced to marry. Each year approximately 300 cases of forced marriage are reported to the Government’s Forced Marriage Unit. But many more come to the attention of the police, social care services, health, education and voluntary organisations. Evidence suggests many victims assume that health professionals cannot help them and they may not feel confident in expressing their concerns. Consultations with health professionals may be one of the few occasions when the victim is unsupervised by a family member and by being aware of the warning signs, they may encourage victims to speak out. The guidelines, which are a joint initiative by the Foreign & Commonwealth OYce (FCO), Home OYce and the Department of Health, detail cases such as Sanita who came to the UK following a forced marriage. While attending a local hospital to tend to injuries that were inflicted by her husband, the consultant was able to speak to Sanita alone and she told him everything. To this day, Sanita still genuinely believes the consultant saved her life. March 2008

APPENDIX 60

Supplementary memorandum submitted by Refuge The information presented below was requested by the Home AVairs Committee following the oral evidence session in which Sandra Horley, OBE participated on 19 February 2008.

1. Best Value Performance Indicator (BVPI) 225 As part of Local Area Agreements, a new, single set of Performance Indicators (PI) will replace existing sets of indicators (including Best Value Performance Indicators, the social care Performance Assessment Framework Indicators and other programme-specific indicators). This means that BVPI 225 will become obsolete when Local Area Agreements are rolled out across the country. BVPI 225 came into force on 1 April 2005 in order to assess the overall provision and eVectiveness of local authority services designed to help victims of domestic violence and to prevent further domestic violence. By removing the requirement on local authorities to meet BVPI 225, local authority performance will no longer be measured across the following areas: 1. Has the local authority produced a directory of local services that can help victims of domestic violence? 2. Is there within the local authority area a minimum of 1 refuge place per ten thousand population? 3. Does the local authority employ directly or fund a voluntary sector based domestic violence coordinator? 4. Has the local authority produced and adopted a multi-agency strategy to tackle domestic violence developed in partnership with other agencies? 5. Does the local authority support and facilitate a local multi-agency domestic violence forum that meets at least four times a year? 6. Has the local authority developed an information-sharing protocol and had it agreed between key statutory partners? 7. Has the local authority developed, launched and promoted a “sanctuary” type scheme to enable victims and their children to remain in their own home, where they choose to do so and where safety can be guaranteed? 8. Has there been a reduction in the percentage of cases accepted as homeless due to domestic violence that had previously been re-housed in the last two years by that local authority as a result of domestic violence? 9. Does the council’s tenancy agreement have a specific clause stating that perpetration of domestic violence by a tenant can be considered grounds for eviction? 10. Has the local authority funded and developed a domestic violence education pack in consultation with the wider domestic violence forum? Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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11. Has the local authority carried out a programme of multi-agency training in the last 12 months covering front line and managerial staV in at least two of the following groups: housing staV, social services staV providing services in the local authority area; education staV; health staV; and front line police oYcers?

Performance Indicators Whilst the new Local Area Agreements (LAAs) have the potential to enable every local authority to set targets on domestic violence across each of the 4 diVerent policy blocks (children and young people; safer and stronger communities; healthier communities and older people; and economic development and enterprise) learning from the pilot LAAs suggests that domestic violence targets are typically being located in the safer and stronger communities block. This reflects the national tendency to adopt a criminal justice approach to domestic violence and is further reinforced by the fact that the new National Indicators on domestic violence have a criminal justice focus: — National Indicator 32: Reduction in repeat incidents of domestic violence. — National Indicator 34: Reduction in domestic violence homicides. As a consequence, local authorities could decide to divert funding from housing related services such as refuges—who work with the majority of victims—to criminal justice initiatives which better evidence the national indicators but only work with the minority of women. Funding for refuges and floating support services is currently ring fenced under the Supporting People regime but this will not be the case when the new Local Area Agreements are implemented in April 2009. Furthermore, local authorities are only required to choose up to 35 of the new National Indicators to include as improvement targets in their Local Area Agreement. This means that some local authorities may not even include NI32 and NI34 within their agreements and, as a consequence, will not be held accountable for the level of domestic violence services they provide. Although Refuge welcomed the two National Indicators on domestic violence296 Refuge has expressed the concerns outlined above to Government297 and has also made the following points:

National Indicator 32 — Only high risk cases are discussed at MARAC—this means that repeat victimisation of low and medium risk victims will not be measured. — Cases referred to MARAC are usually police initiated—yet only around 35% of women report domestic violence to the police; the experiences of 65% of women (some of whom may be very high risk) might never come to the table.

National Indicator 34 — Victims often move across boroughs and other geographical boundaries so a homicide may occur in another area to where the victim lived and received service. — It will be diYcult to account for diVerences in homicide rate based on access to weapons in that area, ethnic make-up etc. Refuge recommends that: — The new set of National Indicators should be reviewed in consultation with the specialist domestic violence sector with a view to reinstating indicators such as those featured in BVPI 225. — National Indicators should reflect the cross-cutting nature of domestic violence by ensuring that they are embedded within all four of the LAA policy blocks. — All domestic violence National Indicators should be made mandatory for all Local Area Agreements.

2. Sentencing of Domestic Violence Perpetrators Domestic violence has the highest rate of repeat victimization than any other crime. Yet charges are regularly downgraded to common assault and perpetrators of domestic violence commonly receive non- custodial sentences such as bind overs,298 fines or community orders if convicted. In August 2007, Refuge issued a press release around one particular case where a perpetrator of domestic violence received only a £2,000 fine for branding his wife with a hot iron (for failing to press his shirt) and slashing her feet while sleeping (for not preparing his sandwiches for the following day).

296 Refuge recommended to the Committee in written evidence in October 2007 that domestic violence needed to be reflected in the new indicators 297 Through Refuge’s response to the consultation on the National Indicators run by the Department for Communities and Local Government) 298 A person may be bound over to appear in court at a particular time if bail has been granted or, most commonly, be bound over not to commit some oVence; for example, causing a breach of the peace Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Refuge expressed concern that such sentencing not only undermines Government legislation on domestic violence (as it fails to send a strong message that domestic violence is unacceptable and that there will be serious consequences for perpetrators) but also discourages women from coming forward (it takes a great deal of courage for a woman to give evidence and facing her attacker in court is terrifying enough, never mind the prospect that he might be released). Despite the fact that there is a training package for the judiciary on domestic violence, this case (amongst others) also illustrated a general lack of understanding about domestic violence by judges and acceptance of the many myths that surround the issue. In this case, the judge spared the perpetrator a community order because he ruled that there were “special circumstances” suggesting that he was unlikely to re-oVend and his job meant that he was “too busy” to find the time to complete any order. The judge also suggested that it was “the circumstances of the marriage that had provoked” the perpetrator and that sending him to prison would help no-one. In those cases where a supervision/community order is made it is often the case that a perpetrator programme—most commonly the Integrated Domestic Abuse Programme (IDAP)—is attached to it. Whilst attendance at a perpetrator programme may be helpful in encouraging some men to change their abusive behaviour research shows that behavioural change is often only short term with the abuser likely to employ more sophisticated methods of abuse and control in the future. Moreover a survey carried out by the National Association of Probation OYcers in 15 probation areas in January 2007 showed that there are acute shortages of staV to run programmes and up to 12 month waits before those with orders can start the group work element. In a case in Wiltshire, a man was given an order in November 2005, was told that he would probably start in January 2006 but was then told he could not start until August 2006. He then re-oVended, threatening his partner with a knife, and the start date was brought forward to March 2006. This case seemed to show that the only way of jumping the queue was to threaten violence. Within our written evidence to the Committee Refuge on sentencing Refuge recommended that: — Appropriate sentences should be given to men so that violence is not repeated. — There is a need for specialist training for all parts of the judiciary. — Courts should make more use of witness impact statements to ensure more appropriate sentencing. — The Sentencing Guidelines Council should repeal the guidance within the Sentencing Guidelines for Domestic Violence which states that there “may be circumstances in which the court can properly mitigate a sentence to give eVect to the expressed wish of the victim that the relationship be permitted to continue”. — Re-education for perpetrators should not be used as a diversion from prosecution but as part of sentencing. In relation to the issues around IDAPs, Refuge also recommended that: — National targets and available resources for the completion of IDAP must take into account the higher demand for IDAPs particularly in SDVC areas. — Refuge urges Government to adopt a cautious approach to perpetrator programmes. An evaluation of the long-term eVectiveness of perpetrator programmes is required.

3. Specialist Services

As the “Map of Gaps” published by the “End Violence Against Women” campaign in January 2008 notes, almost one third of local authorities do not provide domestic violence services. In addition, Refuge is increasingly aware of a trend away from providing specialist domestic violence services towards the provision of generic domestic violence services as part of a “one size fits all” approach.

Black Minority Ethnic and Refugee Women (BMAER)

The lack of adequate specialist service provision for BAMER women is very concerning, This is especially so given that 2005–06 homicide data shared with the Metropolitan Police Authority indicates an apparent disproportionality on the grounds of ethnicity with 20/32 victims being from a black or minority ethnic background. Furthermore, despite the fact that issues such as Honour Based Violence (HBV) and Forced Marriage are moving up the Government’s agenda, this is being accompanied by reduced funding for BME services with nine out of 10 local authorities having no BAMER service at all (Map of Gaps, 2008). Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Drug and alcohol support services Some of the most vulnerable domestic violence survivors, those with drug and alcohol problems, are unable to access safe housing due to their complex needs. Due to a lack of resources and in the absence of specialist staV, refuges are often simply unable to provide the high level of support required. In the absence of specialist services for drug and alcohol users, partnerships between domestic violence service providers and local drug/alcohol agencies and/or Drug and Alcohol Action Teams (DAAT) can provide floating support and outreach services for women. The Stella Project (part of the Greater London Domestic Violence Project) also suggests that domestic violence services can make arrangements with local substance misuse agencies to provide services onsite.

Provision for 16–18 year olds Statutory agencies such as social services seldom intervene with young people between 16–18 years old eVectively meaning that they fall though the gap between adult and children’s services. Whilst there are some cases where 16–18 girls access Refuge’s domestic violence services via the social service or homelessness route—they are often young teenage mothers. It is relatively unusual for 16–18 year olds to contact Refuge through mainstream services such as the 24 hour freephone domestic violence helpline which Refuge runs in partnership with Women’s Aid. Refuge agrees with the NSPCC and other organisations that special intervention services need to be developed for this age group—examples might include web based services and perhaps even integrative working between the national domestic violence helpline and Child Line. Refuge believes that a two pronged approach needs to be taken for this age group. In addition to providing services, primary prevention work is needed to ensure that children and young people understand what domestic violence is and that it is not acceptable. Opinion polls show that they are currently confused— an NSPCC survey with Sugar Magazine in 2005, for instance, showed that 16% of teenage girls have been hit by a boyfriend (with 4% having been hit regularly) and a further 15% have been pushed. In the same survey, 43% of girls thought it was acceptable for a boyfriend to get aggressive and 6% said it was ok for a guy to hit his girlfriend. Refuge recommends that Government: — Develops a gendered definition of domestic violence and expand it to include young people experiencing intimate partner violence. — Ensures that children of all ages should have access to school based domestic violence awareness and prevention programmes (for example, through PSHE, citizenship and circle time). — Funds training programmes on domestic violence and provides materials for teachers in training, schools and colleges. — Ensures that an ethos of non-violent conflict resolution, power/control and discrimination run through all school teaching and activity.

4. Automatic Status as Intimidated Witnesses Special measures are intended to help vulnerable witnesses by providing appropriate support when they give evidence. By reducing the anxiety and pressure which vulnerable witnesses may feel when giving evidence, they may be more willing and better able to do so. It is already the case that complainants in sexual oVences are automatically eligible for special measures unless they advise the court that they do not want such assistance. Yet victims of domestic violence still have to apply for special measures despite the fact that they may well have experienced sexual abuse as part of the many other forms of abuse that they have experienced (physical, emotional, financial). Independent Domestic Violence Advocacy (IDVA) services across the country (including Refuge’s own) report that applications for special measures are not being made in the majority of cases—often as a result of there being no clear process through which to apply for them. Indeed, the forthcoming Home OYce review of the Specialist Domestic Violence Court Programme notes that access to special measures to support victims and encourage them to engage with the court process is one of the lowest performing areas. This means that victims of domestic violence are consistently missing out on the opportunity to access the protection to which they may be entitled. Given that special measures clearly have huge benefits to victims, can help reduce victim retractions or non-attendance and result in a higher number of successful prosecutions Refuge (alongside the Greater London Domestic Violence Project and Women’s Aid) recommends that all domestic violence victims should have automatic status as intimidated witnesses and that the special measures available under this ruling should be made available without application. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Such measures may include screens, a live television link, giving recorded evidence or clearing the public gallery if there is fear of intimidation. Obviously its application requires additional resources for courts to be able to implement these measures. These will be limited however since the structures needed are already in place for victims of sexual oVences.

5. No Recourse to Public Funds Refuge is one of the few domestic violence service providers that still provide support to women with no resource to public funds. It is currently costing the organisation around £200,000 to do so yet we still we have to turn significant numbers of women and children away as a result of not being able to meet their costs. Refuge has been talking to the Home OYce and the Department for Work and Pensions to come up with practical solutions to this problem. One suggestion, for example, was that housing benefit and other welfare benefits could be backdated when women and children received indefinite leave to remain, thus helping to recoup some of our costs. Another suggestion is to waive the no recourse rule to women applying for indefinite leave to remain on the grounds of domestic violence altogether. In order to guard against abuse of this system, the same evidence requested as part of the application for indefinite leave to remain could be requested. Refuge is also aware that organisations such as Southall Black Sisters and Greater London Domestic Violence Project have drawn up detailed proposals as to how this issue could be tackled. In addition, the practice of other countries oVers potential examples of how Government might deal with this issue. These are outlined in the Amnesty International/Southall Black Sisters report on no recourse to public funds “No Recourse—No Safety” which is to be published on 13 March 2008: — In Austria any woman, irrespective of her immigration status, is entitled to access a refuge and living costs if she applies for an injunction against her partner, issues divorce proceedings on the basis of the violence or obtains a report from a social institution confirming she is a victim of domestic violence. — In Canada spouses automatically become permanent residents on arrival, meaning that there is no probationary period. Therefore spouses whose marriages break down due to domestic violence are entitled to emergency housing and living costs. In this case costs are retrieved from the sponsor, provided there is no risk of further risk or reprisals against the victim or dependants. This principle is applied across Canada although there is minimal variation in application across states and territories. — Also, in the USA, all immigrants (including over-stayers and illegal entrants) qualify for federally funded emergency and short-term shelter and housing programs, as well as other forms of state and federally funded assistance necessary to “protect life and safety”. Immigrants suVering abuse are entitled to obtain access to domestic violence shelters and depending on state policy to income maintenance, nutrition assistance and health care pending an application under the Violence Against Women Act. Indeed shelter programmes that refuse to accommodate immigrants are liable to being charged with discrimination in violation of federal law and losing their federal funding.

6. Confidential Statement about the Reasons for a Visa Application Refuge has responded to the Borders and Immigration Agency consultation on Marriage to Partners from Overseas in which the idea of allowing sponsors to make a confidential statement about the reasons for a visa application is made. Whilst appreciating that this might help the authorities identify other issues or patterns that might be helpful in resolving future cases, Refuge is confused as to why young people might be given the opportunity to give a confidential statement if they do not want to produce it as evidence and with no guarantee that it would lead to an application being turned down. This does little for the victim and may leave them with the impression that nobody can help. Refuge believes that in order to tackle forced marriage eVectively more preventative work needs to be undertaken by making it mandatory for schools to teach children and young people about forced marriage and to make them aware of the courses of action available to them. Schools are also required in their safeguarding role to identify possible cases of imminent forced marriage through following up incidences where young girls disappear from the school roll and by conducting awareness raising work through displaying information about sources of support ie helplines, support groups. In addition, Government needs to focus on ‘escape’ routes for victims of forced marriage through strengthening provision in the service sector and providing women with no recourse to public funds with financial support. March 2008 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 61

Memorandum submitted by Domestic Violence Intervention Project

Which elements make DVIP particularly successful? How do you assess success? Can you be confident that there is a similar reduction rate for forms of violence other than physical violence—eg psychological, emotional? In addressing the question of the eVectiveness of our work we identify three key elements: 1. Our programmes work to change men’s behaviour, looking to achieve a significant reduction in physical violence and other forms of controlling behaviours. Our mechanism for eVecting this change is the violence prevention programme a 32 week groupwork programme. This is a psycho educative programme which provides an environment for men to look at their behaviour and to look at the belief systems and structures which support that behaviour. The underlying principle is that if men can understand their behaviour and what underpins it, they can change it. 2. The second important process is Risk Assessment. We undertake risk assessments for all clients referred via social services or the family courts at three points: before they begin the programme, during their participation on the programme, and again upon completion. So even where a perpetrator does not complete the programme successfully, the Risk Assessment process can inform the work of agencies charged with constructing care plans to support women and protect children exposed to violence in the home. This can include addressing issues such as the framework within which it is safe for the perpetrator to have contact with the children. DVIP is one of a small handful of agencies in the UK providing this service, that is, a Risk Assessment service attached to a Perpetrator Programme, which can be accessed by the Family Courts and by Children and Families Services. 3. The third element is Risk Management and Safety Planning. DVIP works best when it works as part of a coordinated community response. What we provide uniquely, within a network of partner agencies, is close contact with the perpetrator which as well as providing a place for him to address and change his behaviour, also enables a close monitoring of changes in this behaviour and indicators of increased risk. Significantly our Women’s Support Service enables us to respond proactively to these indicators and support the women, in partnership with other agencies, to ensure her safety. As indicated in Ben Jamal’s oral evidence to the Committee in evaluating success in reducing violent behaviours DVIP draws upon evidence provided by an external evaluation of our work undertaken by CWASU, our own regular evaluations undertaken with the partners of men who complete the programme, and wider research of programmes constructed in line with our model undertaken largely in the US and Canada. These evaluations indicate a higher success rate in reducing physical violence than in changing other forms of controlling behaviours. DVIP is very keen to develop systematic longitudinal UK based research and is currently working with RESPECT to develop the framework for a multi site evaluation to take place across a number of projects over the next two years.

DVIP works with perpetrators, victims and children. What specific benefits do you see in working with all elements of the family? DVIP is one of a handful of organisation in the Uk which is providing services which encompass interventions with the perpetrator, support for the partner and direct services to work with children who have been exposed to violence. This enables us to assess and address the impact of the violence upon all members of the family. Since 2005 DVIP has worked directly with children exposed to domestic violence, via Stephen’s Place, our Children’s Centre in Hammersmith, West London. At the centre we provide a safe environment to supervise contact between children and their fathers. We also provide direct therapeutic interventions to help children in the process of recovering from their exposure to abuse. We developed these services in response to the recognised lack of such specialist children’s services across London. The development of these services also however allows us to oVer an holistic domestic violence service. For families referred via social services or the Family Courts, we can provide: — a risk assessment which informs care planning to support the non abusive parent and protect the child from harm; — an intervention to work to change the perpetrator’s behaviour; — work with the mother, through our Women’s Support Service, to increase her safety and that of the children; and — a children’s service to ensure that the child’s therapeutic needs can be addressed once safety is secured. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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How eVective are your children’s services in increasing the safety of and treating the child? How eVective is the supervised child contact provided through Stephen’s Place?

Last year we worked with 36 children in therapy produced 17 reports for Court and for case conferences, and helped five children complete safety plans. Our evaluations conducted with children and parents indicated that 32 out of the 36 children reported positive outcomes to the intervention, in terms of increases in a range of positive emotional indicators. The impact upon children of exposure to domestic violence in terms of emotional, mental physical and social wellbeing is well documented. We provide individual therapy and are in the process of introducing a groupwork programme, based on a model from Canada which has been successfully piloted in the London Borough of Sutton. We have three central aims underpinning our therapeutic work: — to provide a safe environment where children can make sense of the abuse, attribute responsibility and reduce self blame; — to work with parents to improve child-parent relationships; and — to reduce harm through safety planning with the child. Through the interventions we work to achieve outcomes of: increased self esteem; increased ability to label emotions; improved communication between parent and child; and improved parental awareness of children’s needs. From Stephen’s Place, our Children’s Centre in Hammersmith, we provide a supervised contact service for children referred via the Family Courts and Social Services. In these cases it is judged to be in the child’s interests for contact to take place, but there are risks associated because of a history of domestic violence, which means that contact needs to occur in a safe and monitored environment. Whilst there are a number of Contact Centres in London, DVIP is the only service that provides contact linked to a wider range of domestic violence services including a perpetrator programme. Significantly this means contact is supervised by staV who are acutely attuned to the dynamics of domestic violence and who can provide links to the other services where these are required. This means, for example, that staV can pick up on issues of unidentified risk, refer these back to the Court and link the family to our Risk Assessment services, Violence Prevention Programme or Women’s Support Service.

Last year DVIP supervised contact with 55 children subject to private law or public law proceedings.

You provide risk assessment for social services and the family courts. How many courts do you advise, and are you aware of similar services oVered elsewhere? How often do courts take your assessment into account in deciding child contact arrangements?

We can take referrals from any Family Court and work regularly with about 20 courts, though we do not have agreements with specific courts. We are aware of one other agency in the South West of UK that provides risk assessment services linked to access to a perpetrator programme. We are the only agency in the UK, as far as we know, that provides a risk assessment service linked to access to a Contact Centre as well as to a perpetrator programme.

Our Risk Assessment service has not yet undergone an external evaluation, We have in the past applied unsuccessfully for funding to support such an evaluation, and will be making further applications.

Anecdotally, in the vast majority of cases we know that the Courts follow our recommendation regarding contact arrangements. More particularly we are not aware of a single case where contact arrangements have been changed in contradiction to a recommendation made within our Risk Assessment. We have seen significant growth in demand for the service—we undertook 130 assessments in 07/08 compared to 100 in 06/07. We believe this is reflective of the recognition within the Courts of the benefits of the process in aiding final care planning for children within the Family Court system, whether in private or public proceedings.

These services were developed within the framework of the Safe Contact Project, a partnership developed between DVIP, Thomas Coram and Cafcass in 2005. This established protocols to ensure that decisions being made about contact, where there were allegations of domestic violence, could be informed by a full risk assessment, and that access could be given to a supervised contact setting. The Safe Contact Project represents one of the best examples of multi-agency partnership working to improve the safety of women and children. However, despite its success and the growth in demand for assessments, it remains the case that the numbers involved represent the “tip of the iceberg” in relation to the numbers of cases within the Family Courts where domestic violence is the central concern. One significant issue that prohibits the development of this work is the availability of resources to fund risk assessments in private law proceedings, with currently only limited funding from Cafcass available to support this work. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 342 Home Affairs Committee: Evidence

Short note on DVIP’s East London Project The Committee requested a short note about this project which has been highlighted by The Mayor Of London as a model of Good commissioning in providing interventions with perpetrators. DVIP has operated in London since 1991 with an oYce in Hammersmith and since 2005, a base in Southwark. From these two venues we have provided the violence prevention programme and associated women’s support services, as well as the risk assessment services outlined above. Work has historically been funded via individual spot purchases from Social Services Departments, some men self-funding their own programmes on a sliding income scale, through grants from a number of local government funding streams, and through a varied mix of charitable trust funding mostly through small grants. In January 2007, DVIP opened its East London project. This project, uniquely, was funded by three local authorities—the London Boroughs of Barking and Dagenham, Newham and Waltham Forest—pooling resources and commissioning a programme with a commitment of at least three years of funding.. The success of the project and the commissioning process that underpinned it were acknowledged in November 2007 with an award from the Mayor of London. Since January 2007 DVIP in East London has worked with over 100 men and their partners as well as undertaking nearly 30 risk assessments for men referred via Social Services Departments in the three boroughs. Currently the project is running two perpetrator programmes a week for a maximum of 24 men at a time, on a rolling programme. DVIP has the strategic goal of providing linked perpetrator, Women’s and Risk Assessment services on a London wide basis. We believe this funding arrangement provides a model for other boroughs committed to ensuring the availability of work with perpetrators as part of their community response to domestic violence. 26 March 2008

APPENDIX 62

Supplementary memorandum submitted by District Judge Marilyn Mornington, Family Justice Council 1. I have held a fruitful and helpful meeting with a senior oYcial in the Department for Children, Schools and Families (DCSF)) on the issue of children missing from school. They do have new guidance for local authorities on this issue (see below). They are committed to change. However, the guidance is complex and virtually unknown and, therefore, the local authorities are not being held to account as to their compliance with the guidance by NGOs and others. I suggested that DCSF attempt to publicise the guidance more eVectively and to prepare an accessible guide to Children Missing from Education (CME). Enforcement will be the key. The responsible civil servant wrote to me as follows: “It may be helpful if I explain what we mean by CME. In February last year a new statutory duty commenced in England (introduced by the Education and Inspections Act 2006). The duty, supported by statutory guidance, means that local authorities are required to make arrangements to identify children of compulsory school age in their area who are not on a school roll, and who are not receiving suitable education otherwise than being at school. The statutory guidance gives minimum standards that Local Authorities need to adopt to ensure they have eVective systems in place to identify these children and, once found, action is taken as quickly as possible to provide support for them through the most appropriate agencies. More information about CME is available on the ECM website: http://www.everychildmatters.gov.uk/ete/childrenmissingeducation/ ” 2. They also have guidance for children being “educated at home”. However this guidance lacks teeth as the present system of inspection (which would require statutory change) is very inadequate. The parents can deny access to the home and the child. There are no minimum standards and no duty to follow the national curriculum. There is a small but very eVective pressure group which consistently challenges proposals for a proper system of inspection and minimum standards and they have, so far, won the battles. This is already being exploited by traveller and Romany families in significant numbers. I consider this needs urgent consideration and, again, monitored enforcement of the guidance. 3. Colleagues from DCFS, in response to my comments on a lack of minimum standards in home education, wanted me to draw your attention to Section 7 of the Education Act 1996, which provides that: “The parent of every child of compulsory school age shall cause him to receive eYcient full-time education suitable: (a) to his age, ability and aptitude, and (b) to any special educational needs he may have, either by regular attendance at school or otherwise.” Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 343

I do, however, continue to consider the above to be vague and very diYcult to assess and enforce. 4. A further piece of information might also be of interest, in the light of the fact that parents can deny access to the home and the child. Case law (Phillips v Brown (1980)) has established that local authorities may make enquiries of parents to establish whether a “suitable” education is being provided. If these enquiries do not include an interview with the home educated child, to establish whether the education described by parents is being delivered, then parents will have to satisfy local authorities that the education they are providing is “suitable” through some other mechanism, such as a report by an independent expert. Local authorities do have powers to issue school attendance orders where it appears that no education is taking place. Again, I question how many local authorities are aware of, or have availed themselves of, these powers and are there any statistics to establish that they have and with what success?

“Revised Elective Home Education Guidance The guidelines are available from: http://www.dfes.gov.uk/localauthorities/ index.cfm?action%content&contentID%11357&categoryID%75&subcategoryID%106. A summary of the Elective Home Education consultation results is also available from: http://www.dcsf.gov.uk/consultations/conResults.cfm?consultationId%1479.” 5. The Minister, Vernon Coaker MP, in his evidence on 4 March referred to setting up stakeholder groups on Domestic Violence, Honour Based Violence and Forced Marriage. For many years there was such a stakeholder group which had all the major players represented and was very eVective. It was called the Lord Chancellor’s Domestic Violence Advisory Group—a Minister always attended. I consider it a matter of regret that the Ministry of Justice has allowed it to fall into abeyance as there have been no meetings for over two years. This was particularly disappointing given that this body could have provided valuable expert feedback during the implementation of the new legislation on domestic violence and forced marriage. This group could readily be revived and put under an Inter-ministerial umbrella. 6. In respect of the issue of injunctions there are two issues concerning the Family Justice Council and the judiciary generally: a) it appears from reports being received from all over England and Wales that there has been a significant drop (averaging 20%) in applications for injunctions since the coming into force of the Act. I have been able to get statistics for the county courts in Croydon, Romford, Barnsley, SheYeld, Manchester, York, Bristol, West Yorkshire and Hull. For example in Manchester, a court serving a large urban population, the decline in the number of applications for injunctions is very marked:

2005–06 2006–07 April 07 –Jan 08 Applications for FLA Injunctions 736 731 337 Injunction orders made—no power of arrest 87 90 190 Injunction orders—power of arrest attached 1,518 1,482 746

The Family Justice Council would wish, as a matter of urgency, for statistics to be obtained for all courts including Family Proceedings Courts. If, as would appear likely, this is a national problem then some urgent qualitative research should be carried out as to the causes. The most likely cause, now that non-compliance with a non-molestation order has been rendered a criminal oVence, may well be a reluctance on behalf of victims to criminalise their spouses/ partners. The Family Justice Council would be happy to help in this work. b) the Judicial intranet, the Judicial Studies Board courses and the Family Justice Council are receiving a large number of reports from all over the country of failures of the Police and CPS to act upon breach of a non-molestation orders since the coming into force of the new legislation in June 2007. Further, even when they do act, reports of inappropriate responses tending to minimise the seriousness of the breach, and toleration of repeated breaches, are widespread. There appears to be a failure on the ground by the Police and the CPS to understand their new powers and duties. On behalf of the Family Justice Council, I sit on the ACPO DV Steering Group and will be reporting to that group in March and will continue to work with them. I have also reported the concerns of the judiciary to Ministers. We are currently drafting a questionnaire on these concerns to be sent to the 40 local inter agency Family Justice Councils. The Council recommends urgent action on this issue by the Ministry of Justice and Home OYce before someone dies as a result. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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The FJC do not have any statistics relating to applications for injunctions in domestic violence cases made by those under 18 years of age. These would have to be sought from the Ministry of Justice. 10 March 2008

APPENDIX 63

Supplementary memorandum submitted by the Crown Prosecution Service

CPS DOMESTIC VIOLENCE MONITORING SNAPSHOT: CASES FINALISED IN DECEMBER 2006

Introduction In December 2006 we conducted our annual snapshot counting and analyzing the number of cases of domestic violence finalised in the month of December. This was the fifth and final snapshot monitoring exercise and the findings are contained in this report, along with findings from 2002, 2003, 2004 and 2005 to identify emerging trends. The snapshot will be replaced in 2008–09 with an annual Hate Crimes Report.

Domestic violence snapshot data The data in this report indicates an overall improvement year on year and over the past five years: — Recorded cases of domestic violence increased by 3% compared with December 2005 to over 3,100 cases charged for prosecution; double those recorded in 2002. — 61% of recorded oVences were assaults compared with 66% in 2002. — Conviction rates rose from their lowest recorded point of 46% in 2003 to 59% in 2005 and to 66% in 2006—a year on year improvement of 7 percentage points and an improvement of 20 percentage points over three years. — Magistrates’ courts had a conviction rate of 64%. — Youth courts and the Crown Court had the highest conviction rates at 76% and 75% respectively but fewer cases pass through youth courts. — Victim retractions fell from 37% in 2002 to 28% in 2006. Of those victims retracting, 49% of cases continued with 40% of these resulting in a guilty plea, compared with a similar continuance of 50% in December 2005 and less than a quarter in December 2004. — Over the past five years: — Fewer cases were discontinued by the CPS (16% in 2002, 17% in 2003, 13% in 2005 and 11% in 2006); — fewer cases were dropped because no evidence was oVered (down from 17% in 2002 to 16% 2006); — only 0.2% of cases resulted in a judge ordered acquittal, compared with 0.4% in 2002; and — bindovers fell from 13% in 2002 (15% in 2003) to only 3% in 2006. The 2006 snapshot reflects the national picture across the CPS—that of an increased volume of cases with more successful outcomes and fewer cases dropped by the CPS.

National domestic violence performance 2006–07 Since April 2005, Areas have reported on their performance in relation to the prosecution of hate crimes as part of the Area performance review system. — Over 57,000 domestic violence cases were charged for prosecution in 2006–07. — There has been an increase of 51% in recorded domestic violence cases since the quarter ending June 2005. — Convictions for domestic violence cases increased from 60% in April to June 2005 to 66.6% in January to March 2007; this was a significant improvement against the background of an increasing volume of prosecutions. — Prosecutions that were dropped—including judge ordered acquittals, cases in which no evidence was oVered and bindovers—fell from 32.7% to 26.9% over the same period. — Bindovers fell from 17.7% to 8.7% over the same period. This report should be read against the background of the following changes implemented since the December 2005 snapshot. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Domestic violence delivery 2006–07

Good Practice Guidance Lessons of good practice from the CPS Domestic Violence Project were compiled as Good Practice Guidance for the CPS and were used to inform the development of Area Business Plans for 2006–07. During 2006–07, Areas were assessed on their implementation of this Good Practice Guidance. Areas indicated improved performance overall: — During 2006–07 the national target of increasing successful domestic violence prosecutions to 64% was exceeded, with an increase to 65.2%. — 95% of Area Domestic Violence Coordinators attended their local domestic violence Forums, compared with 80% in 2005–06. — 38 out of 42 CPS Areas have improved, or maintained, their domestic violence community engagement in 2006–07 compared with 2005–06. — Since April 2005, over 2,800 staV have been trained in domestic violence, including all lawyers prosecuting in specialist domestic violence courts.

Specialist Domestic Violence Courts The SDVC Programme has been the centrepiece of the Government-wide National Domestic Violence Delivery Plan. The programme is jointly managed by the Home OYce, the CPS and Her Majesty’s Courts Service (HMCS). The SDVC programme with its advisory expert panel produced a National Resource Manual containing 11 core components of a SDVC—including Multi-Agency Risk Assessment Conferences (MARACs) and Independent Domestic Violence Advisors (IDVAs). Following the successful selection of 25 SDVCs in 2005–06, a further 39 SDVC systems were selected in 2006–07, making a total of 64 operational systems from April 2007. The SDVC Programme has enabled the development of a network of IDVAs to support victims within the SDVC areas and MARACs to assess the risks faced by victims. The SDVC Programme was shortlisted for Whitehall & Westminster World’s 2006 Award for Joined-Up Government.

Violence against Women The CPS is developing work on Violence against Women; linking domestic violence with other types of violence, for example forced marriage, honour-based violence, rape, female genital mutilation, violence against children, prostitution, elder abuse and traYcking. In March 2006, the CPS ran a poster campaign about violence against women, highlighting the range of oVences that could be prosecuted within this theme. The campaign also listed support services for victims. In November 2006, the CPS was awarded top marks across government for its work on violence against women by the End Violence Against Women Campaign.299

Employee domestic violence policy The Crown Prosecution Service employee domestic violence policy was revised in 2006–07. The CPS is part of the Corporate Alliance Against Domestic Violence which is a group of progressive companies and organisations working individually and collectively to address the impact of domestic violence in the workplace. The new CPS policy has expanded not only on the support available for staV victims, but also on the ways to address perpetrators in the workplace—whether they are harassing staV or committing acts of domestic violence at home. Care First provides any CPS employee (and their immediate dependants) facing domestic violence with a 24-hour counselling service.

2007–08 work plans The remaining two key aspects of the Domestic Violence Crime and Victims Act 2004 were implemented on 1 July 2007: — Section 1 makes the breach of a non-molestation order a criminal oVence, punishable by up to five years imprisonment on indictment; and — Section 4 makes couples who have never cohabited or been married eligible for non-molestation and occupation orders, under the Family Law Act 1996.

299 The Women’s National Commission and Amnesty UK coordinate the End Violence Against Women campaign. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 346 Home Affairs Committee: Evidence

The Home OYce will make any further announcements on implementation of Section 12. This extends the courts’ powers under the criminal provisions of the Protection from Harassment Act 1997, enabling them to impose restraining orders when sentencing for any oVence or on acquittal. The next steps for the national SDVC Programme are to: — review the progress of those SDVCs selected in 2005–06; — embed the SDVCs selected in 2006–07; — select further SDVCs following the review and implementation programmes; and — award grants to IDVA services supporting existing and new SDVCs and services outside of SDVC Areas. In December 2006 the CPS launched its Single Equality Scheme, which included plans for a strategy and action plans for tackling Violence against Women to be drawn up by March 2008. Violence against women has been prioritised with the CPS six national strategic themes for 2007–08. A pilot is being carried out to investigate the prosecution of forced marriage and honour-based violence cases. The domestic violence team will also undertake an equality and diversity review of domestic violence prosecutions. All prosecutors, caseworkers and designated caseworkers will have been trained by March 2008. CPS human resources advisors will also be trained on the revised CPS employee domestic violence policy and ensure that it is monitored. During 2007–08, CPS will focus on driving up performance through improved performance management and implementation of good practice, with a new target of 70% successful prosecutions by April 2008. July 2007

Key Findings The key findings for the month of December 2006 are summarised below. 1. Monitoring forms were completed in respect of 3,137 defendants, compared with 3,045 for December 2005, an increase of 3%. 2,299 forms were completed in December 2004, 1,882 forms in December 2003 and 1,569 in December 2002. 2. There was still evidence of some under-recording. In addition to the present information, collected through manual records over a period of one month, information on proceedings for domestic violence is captured through the COMPASS electronic case management system. Comparison of Domestic Violence Snapshot data for December 2006 with the figures captured through Compass suggests that the former were under-recorded by approximately 18%, an improvement on the 22% under-recorded in 2005. This reinforces the positive steps that have been taken within CPS in regular data collection. 3. The overwhelming majority of oVences recorded were perpetrated by male defendants (94% of the total), while 89% of victims were female. This data has been consistent since 2002. 4. 19% of victims were spouses or former spouses, compared with 22% in 2005 and 61% partners or former partners, the same as the previous year. 35% were identified as a vulnerable or intimidated witness, compared with only 25% in 2005. The remaining 20% were family or extended family in 2006, compared with 17% in 2005. 5. 43% of defendants were aged between 31 and 45 while 40% were aged between 18 and 30 (compared to 45% and 37% in 2005). The most common age for victims was 18–30 (33%) slightly higher than the figure of 30% recorded in 2005, although the age of the victim was not stated in 21% of cases. 6. Recording of ethnicity improved. 3% of returns showed the ethnicity of the defendant as “not stated” (ie ethnicity information had not been provided by the police, or by the defendant), compared with 9% in 2005. The ethnicity of victims was “not stated” in 21% of returns, compared with 39% in 2005. 7. Of those with recorded ethnicity, 86% of defendants and 90% of victims were recorded as white British, compared with figures of 85% and 88% respectively in 2005. 8. 50% of oVences recorded were common assaults, compared with 54% in 2005, 15% were criminal damage, the same as in 2005, and 9% actual bodily harm, compared with 11% in 2005. There were seven murders in 2006 compared with five in 2005. 9. There was a further improvement in the conviction rate for Domestic Violence. In 2006, 2,065 (66%) were convicted, the remaining 1,072 (34%) resulting in an unsuccessful outcome. The conviction rate of 66% compared with 59% in 2005, 53% in 2004, 46% in 2003, and 50% in 2002. 10. The conviction rate for cases prosecuted in magistrates’ courts was 64%. 11. The conviction rate for cases prosecuted in the Crown Court was higher, although fewer cases were dealt with. 378 cases were dealt with, of which 75% were convicted. This is to be welcomed due to the serious nature of crimes dealt with in these courts. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 347

12. Youth courts also achieved a higher percentage of successful outcomes (76%), but the number of prosecutions recorded was low (72). 13. A National Review of SDVCs is currently being undertaken by the National SDVC Steering Group, which will include a full analysis of all COMPASS data from the 2006–07 SDVCs. It was not possible to show discrete data for SDVCs within the present report; in the 15 Areas which provided snapshot data returns for SDVCs, there was a 54% variance compared with COMPASS and therefore this was not a reliable and representative sample. 14. Guilty pleas increased to 58% from 52% in 2005. A guilty plea rate of 57% was recorded in magistrates’ courts, 75% in youth courts and 62% in the Crown Court. 15. Convictions after trial increased to 8% from 7% in 2005; 8% 2004, 3% in 2003 and 4% in 2002. 16. The 34% of cases resulting in an unsuccessful outcome consisted of 30% dropped by the CPS and 4% found not guilty after trial; compared to 41% (35% dropped by the CPS and 6% found not guilty after trial) in 2005, 47% (42% dropped by CPS and 5% not guilty after trial) in 2004, 54% (49% dropped by CPS and 5% not guilty after trial) in 2003 and 50% (47% dropped by CPS and 3% not guilty after trial) in 2002. 17. Of cases dropped, 74% were dropped for evidential reasons, similar to the figure of 75% in 2005. 26% were dropped for public interest reasons. Of the total of 3,137 cases, 22% were dropped for evidential reasons, compared with 26% in 2005 and 8% for public interest reasons similar to the 9% recorded in 2005. 18. Within the 30% (933) of prosecutions dropped: — 344 (11%) cases were discontinued, compared with 407 cases (13%) in 2005, 320 (14%) in 2004, 331 (17%) in 2003 and 258 (16%) in 2002; — 483 (16%) cases were dropped as no evidence was oVered, compared with 425 (14%) in 2005, 374 (17%) in 2004, 306 (16%) in 2003 and 267 (17%) in 2002; —6(0.2%) cases were judge ordered acquittals, compared with 4 (0.1%) in 2005, 3 (0.1%) in 2004, 6 (0.3%) in 2003 and 7 (0.4%) in 2002; — 100 (3%) cases were bound over compared with 231 (8%) in 2005, 257 (11%) in 2004, 273 (15%) in 2003 and 204 (13%) in 2002. 19. In 2006, 129 (4%) of cases were found not guilty after trial, compared with 183 (6%) in 2005, 123 (5%) cases in 2004, 88 (5%) in 2003 and 52 (3%) in 2002. This needs to be looked at in the overall context of the rise of guilty pleas (from 52% in 2005 to 58% in 2006) and convictions after trial (increasing from 7% 2005 to 8% 2006) 20. There was a fall in the proportion of victims who retracted their statement. In 2002 and 2003 37% of victims retracted. This fell to 35% in 2004, to 30% in 2005 and to 28% in 2006. 21. Of those retracting 30% did so before plea (39% in 2005), and 63% before trial (53% in 2005). In 73% of retractions the police obtained a formal withdrawal statement, compared to 66% in 2005. 22. 896 victims, in 868 cases, retracted in 2006 compared with 951 victims in 2005. In 421 (49%) of these 868 cases, the CPS decided to continue with the prosecution after retraction. This compared with 341 (36%) in 2005, 321 (40%) in 2004, 27% of cases in 2003 and 19% of cases in 2002. The revised DV policy and guidance for prosecutors (Feb 2005), emphasised that decisions on the continuation of cases following victim retraction should include taking into consideration the safety of victims and their children. 23. In 40% of cases continuing after retraction, the defendant pleaded guilty; compared with 50% in 2005 and 24% in 2004. 8% of victims gave evidence after retraction, compared with 12% in 2005 and 7% in 2004. In 6% of cases other evidence suYced similar to last year. 24. A witness summons was issued in 172 cases which continued after retraction (35%) compared with 91 (24%) of cases in 2005 and 140 (27%) of cases in 2004. The revised DV policy and guidance for prosecutors (Feb 2005) provided a clear framework for how to assess the safety of victims and their children and the kinds of factors that should be taken into account when considering a witness summons. Emphasis is placed on the use of a summons in cases where this is essential to ensure that the prosecution can continue, in order to protect the victim and their children from any further violence. Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 348 Home Affairs Committee: Evidence

Table A Gender of Defendant and Victim

Male Female 96% Defendants Victims

94% 2002 94% 88%

92% 2003 95% 90% 90%

2004 93% 89% 88%

86% 2005 95% 90%

84% 2006 94% 89% 2002 2003 2004 2005 2006

Table B Defendant's Age - Most Common Age Group

2002 48% (age 31 - 45) 50%

40% 2003 45% (age 31 - 45) 30%

2004 47% (age 31 - 45) 20%

2005 45% (age 31 - 45) 10%

0% 2006 43% (age 31 - 45) 2002 2003 2004 2005 2006

Table C Victim's Age - Most Common Age Group

2002 26% (age 18 - 30) 35% 30%

2003 31% (age 18 - 30) 25%

20% 2004 28% (age 18 - 30) 15%

10% 2005 30% (age 18 - 30) 5%

0% 2006 33% (age 18 - 30) 2002 2003 2004 2005 2006 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Table D Most Common Domestic Violence Offence Charged

Common 60% 2002 44% Assault 50% Common 2003 43% Assault 40%

30% Common 2004 51% Assault 20% Common 2005 54% 10% Assault

0% Common 2006 50% 2002 2003 2004 2005 2006 Assault

Table E Proportion of Successful Outcomes

Guilty Guilty after 70% Plea Trial 60% 2002 46% 4% 50%

2003 43% 3% 40%

30% 2004 45% 8% 20%

2005 52% 7% 10%

0% 2006 58% 8% 2002 2003 2004 2005 2006

Table F Proportion of Unsuccessful Outcomes

70% Acquittals Dropped 60% 2002 3% 47% 50%

2003 5% 49% 40%

30% 2004 5% 42% 20%

2005 6% 35% 10%

0% 2002 2003 2004 2005 2006 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 350 Home Affairs Committee: Evidence

Table G 2006 Summary Outcomes

Judge Guilty Convicted Not Guilty Judge Ordered No Evidence Court Directed Discontinued Bound Over Plea after Trial after Trial Acquittal Offered Acquittal

Magistrates' Court 1,525 203 102 6 2 426 329 94

Youth Court 54 1 3 0 0 10 4 0

Crown Court 236 46 24 4 4 47 11 6

Totals 1,815 250 129 10 6 483 344 100

58% 8% 4% 0% 0% 16% 11% 3%

Convictions Unsuccessful Outcomes Court No. % No. %

Magistrates' Court 1,728 64% 959 36%

Youth Court 55 76% 17 24%

Crown Court 282 75% 96 25%

Totals 2,065 66% 1,072 34%

0% 16% 11% Guilty Plea

0% Convicted after Trial 3% 34% 4% Not Guilty after Trial

8% Judge Directed Acquittal Judge Ordered Acquittal No Evidence Offered 66% Discontinued

Bound Over

Convictions Unsuccessful Outcomes 58%

Table H Reason for Prosecutions Dropped

If Case was Dropped what were the 26% Grounds?

Evidential Public Interest Total

74%

Evidential Public Interest Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Table I Victim's Relationship to Defendant

Partner Spouse/ Parent Member of / Grandp Child/Step Not Total Former /Step Sibling Extend Family Former arent Child Stated Victims Spouse Parent (inc in-laws) Partner

632 1,970 279 10 164 81 105 16 3,257

19% 61% 9% 0% 5% 3% 3% 0%

Sp o use/ Fo r m er Sp o use 3% 3% 5% 19% 0% Partner/ Former Partner 9% Parent/Step Parent

Grandparent

Child/Step Child

Siblin g

Member of Extend Family 61% (inc in-laws) Table J Time of Victim's Retraction

Before Plea 270 30% 7%

Before Trial 564 63% 30% At Trial 61 7% Before Plea Not Stated 1 0% Before Trial Totals 896 At Trial

63% Table K If Case Continued After Retraction

Victim gave evidence 39 8%

S.23 application made & granted 1 0% 35% 0% S.23 application made & refused 0 0% Victim gave evidence 0% S.114/116 application made & S.23 application made 2 0% granted 0% 1% & granted S.23 application made S.114/116 application made & 2 0% 0% 5% & refused refused S.114/116 application Witness summons issued 172 35% 8% made & granted S.114/116 application made & refused Arrest warrant issued 7 1% Witness summons issued Arrest warrant issued Other evidence sufficed 27 6% 10% Other evidence sufficed Defendant pleaded guilty 194 40% Defendant pleaded 39% None of these apply 48 10% guilty None of these apply Totals 492 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 352 Home Affairs Committee: Evidence

Table 1

DEFENDANT’S DETAILS

December 2006

Area Number of Male Female Not Under Age Age Age Age 61 Not defendants stated 18 18–30 31–45 46–60 & over stated Avon & Somerset 90 79 11 0 3 34 43 10 0 0 Bedfordshire 38 371021119510 Cambridgeshire 41 392041913500 Cheshire 104 9950345381611 Cleveland 51 501052319310 Cumbria 29 272001313300 Derbyshire 72 711003925710 Devon & Cornwall 49 463031924300 Dorset 34 340031315300 Durham 34 32202920300 Dyfed Powys 30 282031113300 Essex 74 677022637711 Gloucestershire 48 453021520920 Gt Manchester 185 175 10 0 8 81 71 23 2 0 Gwent 49481022119511 Hampshire 104 9860238541000 Hertfordshire 55 5140318231010 Humberside 50 464012323300 Kent 91883033344803 Lancashire 157 146 11 0 1 64 73 19 0 0 Leicestershire 76 724053231620 Lincolnshire 30 264031010520 Merseyside 99 9360037441611 Metropolitan & City 214 201 13 0 4 85 95 26 3 1 Norfolk 34 31300518920 Northants 10 1000053200 Northumbria 153 141 12 0 5 65 67 16 0 0 North Wales 51 510002422500 North Yorkshire 30 300011114310 Nottinghamshire 78 753023532801 South Wales 69 645023426700 South Yorkshire 120 11352553491210 StaVordshire 94 9130333481000 SuVolk 49417151818521 Surrey 5500031100 Sussex 71 691122237802 Thames Valley 105 9690731511501 Warwickshire 29 26306118400 West Mercia 36 3510010151100 West Midlands 265 250 14 1 11 104 114 29 3 4 West Yorkshire 123 11850556471203 Wiltshire 11 1001054110 Casework Directorate 0000000000 Total 3,137 2,954 177 6 118 1,244 1,360 366 29 20 % 94% 6% 0% 4% 40% 43% 12% 1% 0% Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 353 inese background stated Table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of white Black Black White & mixed Asian Black ethnic Not defendants British Irish background Caribbean African Asian background Indian Pakistani Bangladeshi background Caribbean African background Ch 2006 ordshire 94 83 olk49411010000001300002 V ecember V Avon & Somerset 90 83 BedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & Cornwall 41 38DorsetDurhamDyfed Powys 29 26 104Essex 51Gloucestershire 49Gt Manchester 29 72 99 Gwent 50 Hampshire 47 Hertfordshire 28 62 30Humberside 34 34 48Kent917112100020002010011 185Lancashire 28 Leicestershire 32 34 74 41 Lincolnshire 164 Merseyside 104 55Metropolitan 49 & City 67 Norfolk 50Northants 85 44 Northumbria 49 157 76North 214 48 WalesNorth 30 Yorkshire 146 Nottinghamshire 99 112 57 South WalesSouth 29 YorkshireSta 153 87 34 10Su 5 30 51 78 138 31 10 120 28 46 69 66 1 103 54 Area Number Any other White & White & Any other Any other Any other Any other SurreySussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshire 105Casework DirectorateTotal 29 5% 71 265 85 36 123 0 27 4 59 173 33 92 11 0 3,137 9 2,600 35 83% 1% 53 2% 25 1% 8 0% 6 0% 14 0% 51 2% 58 2% 5 0% 34 1% 80 3% 1% 35 1% 21 0% 3 0% 11 3% 98 D Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 354 Home Affairs Committee: Evidence ence) Other V 12023 023012 00401 00509 019021 40368 00208 00201 003012 304011 21306 07115 00200 306228 00200 01103 00004 01204 238423 002013 00304 00214 10104 22029 13308 00407 00109 102012 21416 003010 00002 124014 00000 002211 00109 000013 013318 00000 00205 00001 00103 21458 ray peace the peace PC (assault) order) o V 050115000 140116000 010116003 040016300 02008000 050112000 0401251027 041017001 02028000 03005000 081029101 000111100 05327100 06205000 051112100 099150107 01007000 020110100 01001000 000010000 181240101 06109100 080010000 01004100 030016300 071528300 00000000 030222100 020213200 01002100 097118100 00001000 020012100 190232400 Table 3 OFFENCES of with unlawful S47 assault Threats Indecent False restraining Criminal of the Breach of Obstruct Other (public (sexual ences Murder intent wounding ABH (battery) to kill Rape assault imprisonment Harassment order Burglary damage A V Numbero GBH GBH— Common Breach of Complaint Other Other 2006 ordshire 94 0 0 0 7 76 2 1 1 l423301200010000 olk49213330041 V ecember V ab.11470 04006200 BedfordshireCambs.41010447000 CheshireClevelandCumbriaDerbyshireDevon & 38 CornwallDorsetDurham 104 0 49 51 29 72 0 1 0 0 0 34 0 2 34 1 0 0 0 0 0 0 7 2 0 0 0 0 12 0 2 11 6 33 13 2 0 78 1 0 31 31 6 59 8 18 3 2 0 0 3 0 0 29 17 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 11 2 0 21 5 0 0 AreaAvon & Somerset 90 0 1 S18 S20 1 11 S39 64 3 0 0 Dyfed PowysEssex 30 0 74 0 0 2 1 4 2 11 18 60 0 0 0 0 0 0 GloucesterGt Manchester 185 48 0 0 5 0 3 1 24 7 130 24 5 1 1 2 0 0 Gwent 49 0 0 3 7 25 0 0 0 D HampshireHertfordshireHumberside 104 55 50 0 1 0 0 0 1 3 0 2 16 1 13 77 46 42 3 0 0 2 0 8 0 0 0 0 16 1 0 21 2 0 0 1 6 11 1 14 et911111462020032025007 Kent LancashireLeicestershireLincolnshireMerseysideMetropolitan & CityNorfolkNorthants 157Northumbria 76 214North Wales 30North YorkshireNottinghamshire 99 0 0 1 0 153 2 34 10 0 0 2 30 51 78 0 0 2 0 0 0 1 0 0 9 0 4 1 0 0 20 12 0 31 0 2 1 2 12 113 2 0 199 0 68 0 1 1 10 18 4 1 3 78 5 5 1 8 5 0 0 61 5 0 29 3 8 25 16 46 82 1 0 0 2 2 0 0 0 5 0 15 1 1 0 0 0 0 0 3 4 2 0 0 0 0 0 25 2 11 3 13 0 3 1 0 39 2 20 0 30 0 0 3 0 0 0 0 43 South WalesSouth YorkshireSta Su Surrey 120 69 0 0 1 0 5 1 0 4 11 0 10 74 62 0 2 2 0 0 4 3 0 5 2 0 0 Sussex 71 0 0 1 9 66 1 0 0 Thames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshire 105Casework DirectorateTotal 29% 265 36 123 0 0 0 1 1 0 0 11 0 0 3 2 4750 0 0 1 0 1 12 7 0 5 0 0 0 3 33 45 14 4 0% 83 0 0 1% 21 184 55 117 2 32 4 411 0 1% 11 1 2 1 0 9% 2372 6 3 0 0 0 0 50% 60 0 0 0 0 0 55 1% 0 0 0 1% 0 30 2 0 1% 12 19 0% 232 0 5% 36 4 1% 36 1% 51 710 15% 5 46 1% 0 0 0% 19 109 2% 26 0% 1% 34 2% 113 1% 30 7% 343 Processed: 04-06-2008 23:26:12 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 355

Table 4

VICTIM’S DETAILS December 2006

Number of Not Under Age Age Age Age 61 Not Area victims Male Female stated 18 18–30 31–45 46–60 & over stated Avon & Somerset 90 13 77 0 6 31 38 13 1 1 Bedfordshire 40 4 36 0 7 14 13330 Cambridgeshire 45 4 41 0 4 14 12618 Cheshire 108 13 95 0 8 33 35 15 2 15 Cleveland 53 2 51 0 1 19 21804 Cumbria 33 2 3105811306 Derbyshire 72 6 66 0 4 30 22 3 2 11 Devon & Cornwall 49 7 42 0 1 14 25225 Dorset 38 5 33 0 3 15 12215 Durham 36 7 2903511026 Dyfed Powys 30 5 250268419 Essex 77 12 65 0 0 22 21 15 3 16 Gloucestershire 51 5 46 0 3 10 17 3 2 16 Gt Manchester 196 21 175 0 11 52 40 11 2 80 Gwent 4934600100048 Hampshire 110 10 100 0 9 40 43927 Hertfordshire 60 7 52 1 9 22 18713 Humberside 51 7 43 1 4 18 19406 Kent 97 6 90 1 9 24 18 5 1 40 Lancashire 159 21 137 1 4 57 48 11 1 38 Leicestershire 78 6 72 0 9 26 26 10 3 4 Lincolnshire 29 5 240489323 Merseyside 101 7 94 0 3 33 31 7 4 23 Metropolitan & City 221 13 208 0 8 53 58 13 4 85 Norfolk 39 4 3413814437 Northants 12 1 110235200 Northumbria 154 23 124 7 7 46 37 15 1 48 North Wales 53 1 52 0 3 20 19515 North Yorkshire 30 1 29 0 0 1052013 Nottinghamshire 81 4 75 2 4 30 28 8 1 10 South Wales 73 8 62 3 2 26 14 10 1 20 South Yorkshire 123 14 105 4 8 55 34 11 5 10 StaVordshire 97 9 87 1 4 43 34736 SuVolk 49642152310218 Surrey 5140050000 Sussex 74 4 68 2 1 21 29 7 3 13 Thames Valley 107 10 97 0 7 32 29 11 1 27 Warwickshire 29 1 2800792011 West Mercia 40 8 32 0 1 12 10 10 1 6 West Midlands 278 39 235 4 20 107 85 24 6 36 West Yorkshire 129 12 117 0 7 62 41 12 0 7 Wiltshire 11 0 101041402 Casework Directorate 0000000000 Total 3,257 337 2,890 30 191 1069 950 294 65 688 % 10% 89% 1% 6% 33% 29% 9% 2% 21% Processed: 04-06-2008 23:26:12 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 356 Home Affairs Committee: Evidence se background stated Table 5 ETHNICITY OF VICTIM 31111900411741276 97344324021932221069681 01000100102100022 10000010010101011 11000000000000015 2200114103112015 0010000000000002 00000000000000016 01000000000000015 00000003020001010 0100000405100004 11000006000200048 00000001000000017 0100000000000001 0000000000000003 30010115101211300336 00000000000001012 0000000000000009 1000000000000005 0000000000000007 00000000000100012 0100000000000002 02001004001100144 0000000000000007 0100100100330009 00000000000000015 1100000000001107 10000000000000010 0000000000000002 00000000000000049 04210003000000125 0000000000000000 00100001000000014 00000000000110014 1400000000000009 00000000010000012 0100000000000005 10000000010001028 11000000000000037 0000000000000002 0100002300210001 01000013000020112 W1 W2 W9 M1 M2 M3 M9 A1 A2 A3 A9 B1 B2 B9 O1 O9 NS of White Black Black & Mixed Asian Black Ethnic Not victims British Irish background Caribbean African Asian background Indian Pakistani Bangladeshi background Caribbean African background Chine Number other & & White other other other other 2006 ordshire 97 77 olk493800100000000000010 V ecember V Avon & Somerset 90 77 BedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & Cornwall 45 40DorsetDurhamDyfed Powys 30 30 108Essex 53Gloucestershire 49Gt Manchester 33 72 105 Gwent 36 Hampshire 33 Hertfordshire 27 59 30Humberside 38 36 51Kent975401100000000000041 196Lancashire 14 Leicestershire 23 29 77 35 Lincolnshire 142 Merseyside 110 60Metropolitan 49 & City 61 Norfolk 51Northants 94 49 Northumbria 159 0 78North 221 42 WalesNorth 29 Yorkshire 143 Nottinghamshire 101 54 South 84 WalesSouth 22 YorkshireSta 90 154 39 12Su 6 30 53 81 123 36 10 123 28 39 73 63 1 105 45 AREA Any White White Any Any Any Any SurreySussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshire 107Casework DirectorateTotal 29 5 74% 278 71 40 129 0 26 3 35 192 27 71 11 0 3,257 5 2,327 20 71% 1% 3 1% 0% 0% 0% 0% 1% 1% 0% 1% 1% 1% 0% 0% 0% 21% D Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 357 YES NO Member of Has the victim been identified as a Table 6 VICTIM’S RELATIONSHIP TO DEFENDANT Spouse/ Partner/ extended Vulnerable or Intimidated Number Former Former Parent/ Child/ family Not Witness under the Speaking Up of victims spouse partner Step parent Grandparent Step child Sibling (incl in-laws) Stated for Justice Provisions? 2005 ecember AREA Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshire 90Devon & CornwallDorset 45 40DurhamDyfed Powys 21Essex 108Gloucestershire 10 10 49 53Gt ManchesterGwent 51 33 72Hampshire 14Hertfordshire 21 16Humberside 6 9 30Kent 38 10 12 36 6 51Lancashire 196 71LeicestershireLincolnshire 7 5 37 33 77Merseyside 6 51 7 18 14 0Metropolitan 110 & City 60 41 10 0Norfolk 49Northants 51 14 5 5Northumbria 16 21 0 0 28 2 27North 20 159 1 Wales 111 12 78 221North 11 Yorkshire 5 97 29 1 5 42 101 5 4 2 69 31 7 4 19 0 3 0 35 13 1 50 34 1 0 28 154 4 39 39 6 12 14 7 5 2 30 115 53 141 7 45 1 0 3 0 0 3 0 2 45 4 0 1 2 5 26 13 4 78 9 3 0 5 9 4 14 3 3 0 9 0 2 0 1 1 10 4 0 88 3 8 3 0 3 20 0 1 5 7 20 0 0 0 39 0 1 6 0 1 0 0 2 0 0 16 6 0 34 0 8 0 2 1 0 1 0 6 3 0 0 0 2 6 0 22 16 4 0 2 1 4 0 2 4 2 1 7 0 3 0 27 0 9 56 1 0 1 2 2 0 0 4 3 16 0 18 0 1 1 0 0 4 13 23 4 8 24 1 5 5 0 2 0 5 1 1 81 1 0 1 2 63 0 9 6 2 18 8 0 3 8 33 35 0 0 2 0 1 3 20 64 0 1 34 4 1 0 23 32 0 133 0 8 3 0 28 18 30 43 15 2 1 0 24 92 2 44 5 43 41 2 87 0 28 0 8 75 0 46 36 135 129 53 34 21 17 56 6 32 21 26 101 18 13 21 6 D Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 358 Home Affairs Committee: Evidence YES NO Member of Has the victim been identified as a Spouse/ Partner/ extended Vulnerable or Intimidated Number Former Former Parent/ Child/ family Not Witness under the Speaking Up of victims spouse partner Step parent Grandparent Step child Sibling (incl in-laws) Stated for Justice Provisions? ordshire 97 22 61 6 0 2 3 2 1 19 78 olk 49 11 28 3 0 5 2 0 0 30 19 V V AREA NottinghamshireSouth WalesSouth YorkshireSta Su SurreySussex 81Thames ValleyWarwickshire 123West 73 MerciaWest 18 MidlandsWest YorkshireWiltshire 25Casework 14 Directorate 107 48Total% 29 5 68 74 278 46 40 129 24 0 6 6 19 2 17 59 11 18 5 7 61 0 13 3,257 0 47 146 2 91 23 0 5 10 0 0 632 31 6 4 7 0 6 5 6 5 1,970 0 0 5 19% 2 0 0 279 1 0 0 1 61% 0 1 0 5 0 3 23 2 9% 0 10 3 0 2 3 2 0 3 0 5 0 0 3 2 1 164 5 0 0% 0 0 0 5 81 55 13 5% 1 20 0 0 0 0 5 14 3 1 3% 105 0 0 0 0 0 26 0 16 57 103 0 0 3% 94 59 27 7 1,139 3 0 0% 35 4 0 50 184 35% 2,118 47 22 1 94 2 36 0 65% 10 Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 359 If the case was dropped, ered Discontinued over Evidential Interest V Not Guilty guilty Judge Judge No Table 7 CASE DETAILS—ALL COURTS Case concluded at: Was the original charge: Outcome: what were the grounds? defendants Court Court Court Increased Decreased plea trial trial acquittal acquittal o Number of Magistrates’ Crown Youth Guilty after after directed ordered evidence Bound Public 2006 ordshire 94 79 12 3 0 7 55 5 2 0 0 15 9 8 28 4 l 970032033143 4937102043624003 olk V V ecember Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & 90 CornwallDorsetDurham 41 38Dyfed PowysEssexGloucestershire 76 104Gt Manchester 51 49Gwent 37 11 35Hampshire 29 72HertfordshireHumberside 3 3 1 92Kent 44 42 30Lancashire 34 34 48 1 12 2Leicestershire 27 59 185Lincolnshire 0 3 4Merseyside 12 74 0 2Metropolitan & City 27 28 104Norfolk 1 4 1 3 24 55 42Northants 154 49 1 0 3Northumbria 50 0 3 0 8North Wales 5 58 28North 157 Yorkshire 0 0 76 4 0 86 214Nottinghamshire 3 51 3 1 54 16 2 0 91 45 30 1South 3 Wales 40 14South 16 Yorkshire 99 2Sta 24 0 142 14 4 4 3 10 170 62 0 0 6 2 0 6 153 0 4 1 78 34 63 13 22 10 2 0 39 30 11 0 51 85 78 5 0 28 6 26 10 2 6 34 3 3 19 2 0 120 5 3 17 1 10 130 14 1 0 69 29 1 3 9 0 2 29 0 4 3 1 20 45 70 4 0 17 1 24 5 99 23 0 2 5 3 26 1 4 111 1 1 1 3 3 6 0 6 60 3 1 6 41 0 4 0 0 4 8 0 0 3 15 0 6 5 8 64 5 0 1 0 12 2 5 7 2 7 24 2 36 1 8 39 3 7 0 0 0 0 0 2 0 106 2 97 8 13 1 7 15 0 0 0 0 1 1 47 4 0 8 1 52 1 9 3 17 12 5 8 1 0 27 3 1 58 6 0 3 6 1 0 0 12 2 18 0 0 1 0 3 6 6 101 12 2 2 7 3 0 12 0 23 6 7 1 5 1 17 6 0 8 19 1 0 7 0 35 0 2 39 3 0 9 1 6 0 0 4 77 3 0 20 2 0 0 5 38 1 39 1 8 7 0 5 1 0 10 1 2 10 2 3 7 0 1 0 3 0 16 0 7 8 0 0 2 7 0 1 0 1 2 26 6 0 13 4 15 0 2 0 2 3 4 0 2 2 2 8 0 0 1 7 10 4 26 4 4 6 7 39 0 0 0 14 2 0 0 28 1 1 1 3 0 0 7 14 1 1 0 9 6 8 6 43 0 2 9 1 2 27 0 0 2 22 2 0 4 7 16 4 4 0 0 0 0 0 23 5 1 3 14 18 0 12 0 2 16 3 6 6 11 1 0 6 6 2 2 1 13 11 6 6 55 20 9 7 17 4 1 37 1 4 10 19 1 0 15 5 14 3 1 6 5 1 29 2 4 11 9 0 6 12 3 0 37 8 12 0 4 6 2 4 4 19 6 10 2 6 25 17 0 8 2 1 0 7 8 Su D AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 360 Home Affairs Committee: Evidence If the case was dropped, ered Discontinued over Evidential Interest V Not Guilty guilty Judge Judge No Case concluded at: Was the original charge: Outcome: what were the grounds? defendants Court Court Court Increased Decreased plea trial trial acquittal acquittal o Number of Magistrates’ Crown Youth Guilty after after directed ordered evidence Bound Public SurreySussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshireCasework DirectorateTotal 105% 29 5 71 265 36 123 0 88 27 2 11 60 225 11 121 29 1 0 10 36 3 6 3,137 0 7 1 0 1 10 4 0 2 0 2,687 1 0 1 378 0 0 6 0 0 0 0 72 12 86% 0 12% 19 3 5 1 25 11 56 0 2% 3 0 142 18 39 233 1 1% 65 11 24 3 23 0 1,815 0 7 7% 1 4 6 0 8 250 11 0 58% 0 3 1 3 0 3 129 1 0 8% 0 0 0 0 1 2 10 0 0 4% 1 0 0 0 11 0 0 6 0% 0 0 31 0 14 1 483 35 0% 2 19 6 0 37 0 0 16% 344 10 7 20 14 0 0 100 2 0 1 11% 1 8 0 68 0 1 3% 693 0 1 11 9 47 24 21 74% 1 240 8 1 11 0 2 26% 3 1 1 1 0 1 AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 361 If the case was dropped ered Discontinued over Evidential Interest V Not Table 8 Guilty guilty Judge Judge CASE DETAILS—MAGISTRATES’ COURTS Was the original charge Outcome what were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered No evidence Bound Public 2006 ordshire 79 0 6 43 4 1 0 0 15 8 8 27 4 l 370328130013132 olk V V ecember wn 451232120072191 Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & CornwallDorset 76DurhamDyfed PowysEssex 37 35GloucestershireGt ManchesterGwent 0 92Hampshire 44 42Hertfordshire 0 27 1 59HumbersideKentLancashire 2Leicestershire 27 0 28 24 0 0Lincolnshire 42Merseyside 154 4 0 0 1Metropolitan & City 44 58NorfolkNorthants 10 0 86 51 21Northumbria 12 0 0 3 3 0North Wales 40 1 6 4 3North YorkshireNottinghamshire 55 142 0 62South 5 24 6 24 170 WalesSouth 78 Yorkshire 22 3 0 0 17 1 25 0 2Sta 1 85 10 0 7Surrey 0 4 3 1Sussex 1 0 16 20 1 130 16 2 2 4 29 22 9 0 1 29 2 81 1 3 45 0 70 0 2 2 4 29 3 4 111 0 3 1 0 5 5 60 6 54 11 21 5 1 8 0 0 6 29 2 1 0 6 0 0 1 2 0 5 0 0 0 86 4 10 36 4 7 78 0 0 0 0 0 46 0 14 3 2 2 3 2 60 49 1 2 0 14 6 3 5 6 23 1 0 6 0 0 1 0 0 6 1 85 3 2 11 6 21 7 0 0 6 19 4 6 31 34 10 0 6 0 2 0 16 10 1 0 72 2 3 0 1 0 3 0 5 5 30 0 1 0 0 1 0 1 15 1 1 2 6 0 0 0 0 0 6 0 4 2 9 1 5 0 0 0 2 3 0 0 4 2 2 3 2 8 6 4 8 34 0 0 9 1 0 33 17 4 1 0 0 0 0 0 0 0 10 0 2 0 15 0 0 3 0 8 2 1 0 7 14 2 4 0 1 6 2 7 0 4 25 0 32 26 14 0 13 1 0 0 0 0 4 6 7 1 6 7 0 2 1 8 23 1 0 0 8 0 3 0 20 1 2 6 0 24 16 0 8 6 1 5 20 2 2 0 38 4 3 3 4 12 0 0 7 3 1 1 0 12 6 11 3 2 13 16 5 17 4 13 0 10 20 2 6 4 11 1 1 1 0 0 3 7 1 4 6 5 45 37 3 10 18 0 5 12 14 0 4 3 0 27 2 8 14 11 0 1 7 3 5 12 2 34 1 5 4 19 5 10 2 7 0 23 6 17 0 7 2 1 0 1 0 6 8 8 1 11 0 Su D AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 362 Home Affairs Committee: Evidence If the case was dropped ered Discontinued over Evidential Interest V Not Guilty guilty Judge Judge Was the original charge Outcome what were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered No evidence Bound Public Thames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshireCasework DirectorateTotal% 88 27 225 29 121 0 0 0 10 4 0 0 0 2687 11 3 0 16 11 3 46 0 16 17 120 63 19 2 10 1% 0 171 16 0 4 0 7 5 1525 0 6% 9 0 203 3 2 1 57% 0 0 102 0 0 8% 0 1 0 0 4% 0 6 0 0 0 0 0 0% 0 8 2 28 0 0 35 5 0% 0 19 426 36 10 0 14 16% 2 0 16 329 0 0 1 12% 1 1 94 0 7 62 3% 8 47 1 20 637 7 18 0 75% 2 3 214 1 1 25% 0 1 AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 363 If the case was dropped ered Discontinued over Evidential Interest V Not Table 9 Guilty guilty Judge Judge No CASE DETAILS—YOUTH COURT Was the original charge Outcome what were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered evidence Bound Public 2006 ordshire 3 0 0 3 0 0 0 0 0 0 0 0 0 l 2002000000000 olk V V ecember wn 0000000000000 Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & CornwallDorsetDurham 3 3002000010010 Dyfed PowysEssex 1 2GloucestershireGt ManchesterGwent 0Hampshire 0 4 3HertfordshireHumberside 0 0 0 1Kent LancashireLeicestershire 0 3 0 3Lincolnshire 2 0 0 1Merseyside 0 0 0 0Metropolitan 3 & CityNorfolk 0 3NorthantsNorthumbria 0 2 0 2 0 1 0 0 0 2North 0 Wales 0North Yorkshire 0 0 0 0Nottinghamshire 0South Wales 3 2 0 0South 3 0 1 5 Yorkshire 2 0 0 0Sta 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2 0 3 1 0 0 0 0 0 0 0 0 0 0 2 2 0 0 0 0 1 1 0 0 1 1 0 0 0 0 0 2 0 0 0 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 1 0 0 1 0 1 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 2 0 0 0 0 1 0 0 0 0 2 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Su D AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 364 Home Affairs Committee: Evidence If the case was dropped ered Discontinued over Evidential Interest V Not Guilty guilty Judge Judge No Was the original charge Outcome what were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered evidence Bound Public SurreySussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshireCasework DirectorateTotal% 6 0 1 1 0 4 0 2 0 0 0 0 0 0 0 0 0 72 0 0 0 0 1 0 0 0 0 4 0 0 0 1 0 0 4 0% 0 2 0 0 0 0 2 0 0 0 0 3% 0 0 0 0 54 0 75% 0 0 0 0 0 0 1 1% 0 0 0 0 0 0 0 0 4% 3 0 0 0 0 0 0 0 0% 0 0 0 2 0 1 0 0 0% 0 0 0 0 0 0 0 14% 0 0 0 0 0 0 0 10 0 0 0 6% 0 0 0 0 0 0 4 0% 0 0 1 0 0 0 0 0 0 0 50% 2 0 0 0 0 0 0 50% 0 0 7 0 7 AREA Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 365 If the case was dropped what ered Discontinued over Evidential Interest V 3004 1041 1002 0020 2001 0010 1007 30100 0000 0000 Table 10 Not Guilty guilty Judge Judge No CASE DETAILS—CROWN COURT 12210000000 39100020020 28310031031 04101000000 11010010001 02100000000 48002020011 01000000000 14000000000 17010012030 02000000000 29020020002 06100000000 28010010111 00000010010 00000010010 16200000000 19110001010 13200001001 02000010010 04000010001 24600000000 03101010001 01100000000 14100011121 39110120021 00000000000 01010020020 Was the original charge Outcome were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered evidence Bound Public 2006 ordshire 12 0 V ecember Avon & SomersetBedfordshireCambridgeshire 11Dyfed 3 Powys 1 0 1 0 0 0 AREA CheshireClevelandDerbyshireDevon & CornwallDurhamEssexGloucestershireGt Manchester 12Gwent 4 3 12HertfordshireHumberside 0 Kent 0 0 Lancashire 0 Leicestershire 8 5 28 16 0 0 2 0 4 10 0 11 13 0 0 10 10 0 4 0 0 16 0 12 2 4 10 1 0 CumbriaDorsetHampshire 2 3 0 LincolnshireMerseysideMetropolitan & City 0 16Northants 0 39 6 14 1 0 1 0 4 0 24 4 NorfolkNorthumbriaNorth WalesNorth YorkshireNottinghamshireSouth WalesSta 20 5 1 6 6 1 0 7 0 1 0 1 7 14 3 South Yorkshire 8 1 D Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 366 Home Affairs Committee: Evidence If the case was dropped what ered Discontinued over Evidential Interest V 2013 1463 Not Guilty guilty Judge Judge No 16110210012 00000000000 11010010001 05110030030 01000000000 00000000000 11000000000 05010010010 Was the original charge Outcome were the grounds? defendants Increased Reduced plea trial trial acquittal acquittal o Number of Guilty after after directed ordered evidence Bound Public l 10016110020011 olk V Su SurreyCasework DirectorateTotal% 3 0 0 0 378 9 2% 60 16% 236 62% 46 12% 24 6% 4 1% 1% 4 13% 47 3% 11 2% 6 72% 49 28% 19 AREA SussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshire 11 1 10 36 7 1 0 0 0 2 0 1 0 0 3 18 7 Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 367 ce Circular 19/2000? prosecutor and the police? after retraction? Y in compliance with the points in the Home consultation with an experienced Did the case continue Did the police obtain a withdrawal statement Was the decision to continue in Table 11 VICTIM’S RETRACTION Did the victim retract? When did the victim retract? O victims Yes No plea trial trial stated Yes No N/A Yes No Yes No 2006 ordshire 97 33 64 16 17 0 0 30 3 0 31 2 23 10 olk 49 11 38 9 2 0 0 10 0 1 10 1 7 4 V V ecember wn 9430 7 0 1Avon & Somerset 8BedfordshireCambridgeshire 017 CheshireCleveland 498413500 CumbriaDerbyshireDevon & 90 CornwallDorsetDurham 45 40Dyfed PowysEssex 22Gloucestershire 108Gt Manchester 14 8 53 49Gwent 68Hampshire 33 72Hertfordshire 32Humberside 26 37 14 15Kent 30 9Lancashire 38 24 36 7 51Leicestershire 76 196Lincolnshire 39 2 34 0Merseyside 77 12 48 4Metropolitan 26 3 & 16 City 6 110Norfolk 66 7 60Northants 11 5 5 8Northumbria 51 23 12 26 1 35North 35 Wales 30 5 130 21North 159 25 19 Yorkshire 78 221Nottinghamshire 1 9 9 97 29 54 0South 8 Wales 12 2 101 0South 3 Yorkshire 4 14 0 89 2 40 41Sta 25 0 69 0 29 0 1 43Surrey 3 6 154 0 0 39 32 12 119 2 44 0 9 30 9 5 0 17 152 53 53 5 81 0 68 26 14 28 0 0 2 13 123 69 0 2 14 1 73 0 11 12 8 6 0 13 3 14 1 0 14 29 3 11 5 126 21 30 1 3 10 6 37 23 11 13 13 25 19 48 0 1 22 39 0 0 0 52 21 0 0 0 2 18 13 7 93 5 17 11 1 0 0 0 48 0 3 0 7 7 5 0 5 1 1 2 0 48 14 3 0 12 2 0 2 5 7 1 0 5 0 1 0 4 2 0 1 18 2 0 23 1 22 8 0 17 1 16 0 10 0 0 17 1 2 0 4 0 14 0 0 17 0 0 0 2 0 30 1 8 2 1 5 49 31 0 20 6 2 0 22 0 3 8 4 14 15 22 0 2 0 1 0 24 1 0 1 0 0 0 9 5 14 7 0 22 0 0 8 4 1 1 0 2 6 0 66 6 9 2 1 14 0 0 19 6 0 4 3 0 6 6 14 5 1 1 6 18 0 16 23 2 0 1 16 1 4 21 8 2 19 16 4 0 0 0 8 1 2 2 12 2 7 0 0 0 0 0 39 8 67 4 8 13 6 0 24 6 8 40 28 0 7 0 0 32 0 1 2 0 3 4 7 1 0 2 9 6 24 1 28 2 3 15 0 11 1 9 3 3 1 2 26 13 2 11 0 1 1 29 14 34 1 5 7 11 26 6 14 21 0 15 10 34 1 13 0 0 3 0 0 0 14 0 6 16 4 4 11 2 0 5 0 7 22 10 1 7 17 2 6 1 7 19 18 0 0 1 Su D AREA Number of Before Before At Not Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 368 Home Affairs Committee: Evidence ce Circular 19/2000? prosecutor and the police? after retraction? Y in compliance with the points in the Home consultation with an experienced Did the case continue Did the police obtain a withdrawal statement Was the decision to continue in Did the victim retract? When did the victim retract? O victims Yes No plea trial trial stated Yes No N/A Yes No Yes No SussexThames ValleyWarwickshireWest MerciaWest MidlandsWest YorkshireWiltshireCasework DirectorateTotal 107% 29 74 278 40 129 37 0 12 22 73 11 50 8 70 0 17 52 205 3,257 79 32 13 1 0 10 896 17 9 22 10 8 2 2,361 0 2 52 28% 12 39 2 270 0 6 72% 0 0 4 1 564 3 0 30% 0 0 0 0 0 0 61 63% 0 1 0 29 0 7% 10 1 47 10 0 40 6 0% 6 0 656 13 2 11 0 73% 5 0 2 166 0 13 0 1 19% 1 5 2 74 37 0 71 8% 10 17 0 45 858 8 0 96% 0 2 2 5 0 13 5 38 19 0 4% 10 5 0 24 421 28 49% 50 1 4 10 6 0 447 21 51% 1 3 0 0 AREA Number of Before Before At Not Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 369 ced Y application application made and . . . made and . . . S.23 CJA 1988 S.114/116 CJA 2003 Table 12 IF CASE CONTINUED AFTER RETRACTION after evidence guilty issued issued su retraction continuations gave pleaded summons warrant evidence these apply 2006 ecember Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & CornwallDorsetDurhamDyfed Powys 8EssexGloucestershire 5 9Gt ManchesterGwent 0Hampshire 18Hertfordshire 2 8 1Humberside 1 16Kent 0Lancashire 5Leicestershire 1Lincolnshire 0 3 1 3 1Merseyside 0 0 4 0 7Metropolitan & City 3 40Norfolk 14Northants 9 2 2 3 5Northumbria 0 0 8 0 11 15 0 1 3 3 1 11 7 1 0 6 0 0 1 0 11 29 6 1 2 2 0 4 34 14 0 9 0 0 1 1 15 5 0 1 0 0 0 0 0 4 0 3 5 6 0 4 4 30 0 0 0 0 0 6 0 0 5 1 1 0 0 0 0 0 0 7 9 0 0 12 4 1 0 0 2 9 0 1 0 1 1 0 0 1 7 0 0 0 0 0 10 0 16 0 5 0 0 0 0 0 0 1 6 0 0 0 0 3 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 1 0 0 0 0 2 0 0 0 0 0 0 0 0 2 0 0 1 0 0 0 2 2 0 4 0 0 0 0 0 0 0 0 0 2 3 1 1 4 0 0 0 0 0 0 0 2 4 5 0 2 0 0 0 0 2 0 0 0 D AREA Number of Victim Defendant Witness Arrest granted refused granted refused Other None of Processed: 04-06-2008 23:26:12 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 370 Home Affairs Committee: Evidence ced . Y application application made and . . . made and . . . S.23 CJA 1988 S.114/116 CJA 2003 after evidence guilty issued issued su retraction continuations gave pleaded summons warrant evidence these apply ordshire 23 3 8 11 0 0 0 0 0 1 5 olk 71400000030 V V North WalesNorth YorkshireNottinghamshireSouth WalesSouth YorkshireSta Su SurreySussexThames ValleyWarwickshireWest Mercia 5 11 7West MidlandsWest YorkshireWiltshire 10Casework 7 Directorate 1 1Total 0% 1The total of 421 0 represents 13 the number 4 of 6 defendants 3 whose case 0 continued 5 after 10 retraction. More than one 19 category 7 may 4 apply 28 0 to a 4 single defendant 2 case 0 2 5 0 0 1 2 1 2 0 0 1 1 8 0 0 0 0 421 5 4 7 0 0 11 3 0 0 3 0 0 39 0 0 0 4 14 7 1 0 1 0 0 8% 0 194 0 0 0 0 0 1 0 0 0 0 40% 0 172 0 0 0 1 0 0 0 0 0 35% 0 0 0 0 0 7 0 0 0 0 0 0 1% 0 0 0 0 0 0 0 0 1 0 0 0 0% 0 2 0 0 0 0 0 0 0 0 0 0 0 1 0% 0 0 2 0 0 0 0 0 0 0 1 0 0% 2 0 1 1 0 0 0 0% 1 1 1 0 2 0 1 0 0 6% 1 5 5 0 27 0 0 10% 48 0 AREA Number of Victim Defendant Witness Arrest granted refused granted refused Other None of Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 371 ect on History of Defendant’s Not V ect on Likely Continuing E V Table 13 ence injuries weapon made attack children repetition threat relationship DV pre-cons Applicable V after Seriousness serious Use of threats Planned E Number of continuations Victim’s Further VICTIM’S RETRACTION—WHICH FACTORS INFLUENCED THE DECISION TO CONTINUE THE CASE? 2006 ordshire 23 6 1 3 0 0 4 10 0 0 12 4 2 olk 71000003101 04 V V ecember Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon & CornwallDorset 11000000000DurhamDyfed Powys 00 EssexGloucestershireGreater ManchesterGwent 24 8HampshireHertfordshire 5Humberside 9 146010062327 Kent Lancashire 5Leicestershire 18Lincolnshire 2 8 2 1Merseyside 16 0Metropolitan & CityNorfolk 1Northants 3 1Northumbria 40 1 1 0 0 0 4North 7 3 Wales 0North YorkshireNottinghamshire 0 1South 9 Wales 20 0 1South 1 Yorkshire 0 0 11 15 0 2 3 1Sta 0 7 0Surrey 1 3Sussex 1 11 29 0 0 0Thames 34 0 2 0 9 Valley 0 0 1 0Warwickshire 0 1West 2 Mercia 15 1 3 1 3 7 2 0 0 0 9 0 0 0 0 0 0 0 0 0 6 0 0 0 5 2 11 6 7 2 0 0 1 0 2 0 0 0 10 4 3 0 0 0 3 0 1 0 7 0 4 0 0 0 1 1 4 2 1 5 6 0 0 0 1 0 0 0 2 2 3 0 0 0 1 1 0 6 13 2 0 2 0 0 0 0 1 0 0 3 5 0 4 10 12 13 0 4 0 1 1 5 0 0 1 0 0 0 0 0 13 1 1 2 0 0 2 0 0 0 0 0 0 0 2 0 1 2 6 25 2 0 0 0 0 0 0 0 1 0 0 0 2 3 0 7 1 4 0 0 0 0 0 0 0 0 4 0 0 0 1 0 4 0 5 1 2 0 3 4 0 0 0 0 5 3 4 0 3 4 0 0 1 0 0 0 0 0 1 0 0 6 0 0 3 0 11 0 1 1 1 12 0 0 0 0 18 4 0 14 0 0 3 0 0 1 1 1 0 1 0 0 0 2 1 0 4 3 0 9 0 19 0 0 0 0 7 0 1 0 3 1 1 0 0 1 1 4 0 2 1 2 0 0 0 6 0 0 4 4 0 2 0 8 0 0 2 0 10 3 2 2 0 0 1 2 3 4 4 1 0 1 1 0 0 1 2 0 0 0 0 2 3 2 0 0 0 0 2 4 20 5 17 0 5 2 2 7 0 0 0 1 0 0 2 0 1 0 0 2 2 0 6 2 0 5 3 1 0 4 1 9 5 0 0 2 0 0 4 1 3 1 0 0 2 1 4 0 2 1 2 3 2 0 0 2 0 0 1 0 0 1 0 3 0 0 0 1 8 0 0 1 0 0 0 6 0 0 4 0 0 3 2 3 0 1 4 0 2 0 2 2 3 Area retraction of o Su D Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 372 Home Affairs Committee: Evidence ect on History of Defendant’s Not V ect on Likely Continuing E V ence injuries weapon made attack children repetition threat relationship DV pre-cons Applicable V after Seriousness serious Use of threats Planned E Number of continuations Victim’s Further West MidlandsWest YorkshireWiltshireCasework DirectorateTotal%The total of 421 represents the number of defendants whose case continued after retraction. More than one factor may apply to a single defendant case. 19 0 28 1 3 0 7 421 0 2 0 1 128 0 3 14% 0 4 24 3% 0 0 27 0 0 3% 0 0 11 0 0 1% 0 0 3 0 8 0% 11 93 0 10% 0 9 187 21% 1 0 0 2 62 7% 0 0 0 4 18 2% 7 0 11 0 22% 192 0 6 4 9% 0 82 5 7% 0 1 64 0 1 Area retraction of o Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 373 er a V Did the prosecution o ect on Improved No V Table 14 Which of these factors influenced the decision to drop the case? bind over? ence injuries used shown attack children unlikely relationship of DV convictions applicable Yes No applicable V WHICH OF THESE FACTORS INFLUENCED THE DECISION TO DROP THE CASE? after nature of minor weapons Remorse Unplanned children/no Repetition state of No history previous Not Not cases Minor dropped Minor Victim’s No e Number of 2006 ordshire 10 2 3 1 1 0 0 3 2 2 4 1 2 8 0 olk 421000 1 2 1103121 V V ecember Avon & SomersetBedfordshireCambridgeshireCheshireClevelandCumbriaDerbyshireDevon 700000 & CornwallDorset 0 0Durham 2005160 Dyfed Powys 14EssexGloucestershireGt Manchester 1 4Gwent Hampshire 2Hertfordshire 12Humberside 13 6 0Kent 1Lancashire 7 8 3LeicestershireLincolnshire 4 2Merseyside 2 0 1 3Metropolitan 3 & City 2 9 1 4Norfolk 1 24Northants 3Northumbria 0 13 0 0North 0 Wales 2 0 0North 0 0 Yorkshire 2 6 5 0Nottinghamshire 6South 0 0 Wales 1 0South 0 0 Yorkshire 1 3 13Sta 0 10 0 0 0 34 0 2 0 1 14 7 2Surrey 0 0 16 3Sussex 1 0 0 0Thames 1 Valley 2 0 1 0 1Warwickshire 0 8 1 0 1 7 3 0 22 1 2 1 0 0 2 0 6 0 17 7 0 1 0 2 0 2 0 0 0 0 6 0 0 0 19 6 0 6 18 0 2 0 0 0 2 1 0 7 1 1 1 0 0 0 0 2 0 0 3 0 0 0 0 3 0 6 2 4 3 3 0 2 0 0 24 0 1 0 0 3 0 1 2 6 0 0 1 10 1 0 1 0 0 0 0 1 1 0 0 3 4 6 0 0 3 0 2 0 0 2 0 0 1 1 0 0 0 1 1 0 2 4 3 2 3 0 1 2 0 0 0 0 0 1 5 0 0 1 0 1 3 1 0 0 0 3 1 0 2 0 0 3 0 1 2 0 0 1 0 1 1 0 0 1 1 3 5 1 0 0 0 0 2 0 0 10 2 1 4 0 1 0 0 8 0 0 2 1 3 1 7 1 0 0 1 2 3 1 1 2 6 0 2 0 0 3 1 5 0 1 0 2 1 0 11 0 4 0 0 0 0 0 7 2 1 0 5 9 0 2 2 0 2 0 1 0 0 0 0 4 1 5 3 0 0 2 4 1 2 3 2 1 1 1 0 1 0 0 2 2 0 2 0 1 0 3 10 1 11 0 0 3 1 2 1 4 6 0 7 2 0 1 0 10 3 6 6 0 3 7 1 1 0 0 0 0 0 2 2 5 1 9 0 1 1 1 0 1 0 0 0 4 2 2 3 3 3 2 2 5 1 8 3 8 0 18 1 0 1 0 0 0 0 2 0 0 0 0 0 1 10 8 5 17 0 0 2 0 2 1 1 1 1 0 5 1 5 3 0 4 3 0 7 0 3 1 0 0 1 0 4 1 1 1 21 12 2 6 0 9 1 0 1 2 0 11 5 2 6 1 5 0 0 0 1 7 2 10 1 12 0 4 1 3 2 7 0 15 2 1 0 3 1 0 0 1 9 3 2 9 2 7 14 11 7 10 0 1 1 1 0 5 6 0 0 2 0 0 6 20 0 1 10 5 4 0 0 1 Su D Area retraction o Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 374 Home Affairs Committee: Evidence er a V Did the prosecution o ect on Improved No V Which of these factors influenced the decision to drop the case? bind over? ence injuries used shown attack children unlikely relationship of DV convictions applicable Yes No applicable V after nature of minor weapons Remorse Unplanned children/no Repetition state of No history previous Not Not cases Minor dropped Minor Victim’s No e Number of West MerciaWest MidlandsWest YorkshireWiltshireCasework DirectorateTotal%The total of 447 represents the number of defendants whose case was dropped after retraction. More than one factor may 50 apply to 3 a 0 21 single defendant case. 3 0 1 0 0 447 4 0 0 0 2 83 4 0 1 0 0 11% 72 10% 2 0 3 0 1 41 5% 4 0 0 0 0 18 2% 0 22 2 0 0 0 3% 19 0 8 3% 1 0 1 75 10% 0 8 2 0 5 13% 101 5 0 0 0 1 9% 66 4 0 0 0 0 5% 34 29 29% 0 14 0 0 217 9% 4 1 0 42 0 70% 0 27 311 15 3 0 21% 0 19 94 5 0 0 0 0 Area retraction o Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 375

Table 15

VICTIM SUPPORT

December 2006

Did the victim make a Did the victim have voluntary victim’s personal statement? sector support? Number of Not Not Not Area victims Yes No applicable Yes No Known applicable Avon & Somerset 90 5 85 0 4 4 82 0 Bedfordshire 40 22 17 1 0 19 21 0 Cambridgeshire 45 17 25 3 2 4 33 6 Cheshire 108 11 96 1 14 21 72 1 Cleveland 53 18 35 0 0 8 45 0 Cumbria 33 3 30 0 0 0 29 4 Derbyshire 72 36 36 0 4 14 54 0 Devon & Cornwall 49 17 32 0 0 14 22 13 Dorset 38 6 29 3 0 2 36 0 Durham 36 29 7 0 2 1 32 1 Dyfed Powys 30 12 17 1 6 2 22 0 Essex 77 6 68 3 2 5 59 11 Gloucestershire 51 18 33 0 5 4 34 8 Gt Manchester 196 89 96 11 12 12 170 2 Gwent 49 0 49 0 11 0 38 0 Hampshire 110 24 73 13 2 1 97 10 Hertfordshire 60 10 42 8 2 0 54 4 Humberside 51 31 8 12 1 0 46 4 Kent 97 17 71 9 1 6 85 5 Lancashire 159 2 154 3 3 6 147 3 Leicestershire 78 28 48 2 3 1 73 1 Lincolnshire 29 8 19 2 0 0 28 1 Merseyside 101 4 96 1 9 3 72 17 Metropolitan & City 221 51 123 47 20 18 162 21 Norfolk 39 11 24 4 4 12 22 1 Northants 12 1 10 1 5 5 1 1 Northumbria 154 70 52 32 16 8 86 44 North Wales 53 7 46 0 5 8 40 0 North Yorkshire 30 7 23 0 2 6 22 0 Nottinghamshire 81 11 64 6 8 10 58 5 South Wales 73 17 51 5 23 2 48 0 South Yorkshire 123 83 33 7 3 0 118 2 StaVordshire 97 36 60 1 13 13 70 1 SuVolk 49 8 37 4 4 4 38 3 Surrey 5 3 2 0 0 0 5 0 Sussex 74 31 41 2 3 12 59 0 Thames Valley 107 43 61 3 9 14 77 7 Warwickshire 29 11 17 1 10 2 17 0 West Mercia 40 4 35 1 3 9 27 1 West Midlands 278 57 198 23 29 17 222 10 West Yorkshire 129 7 120 2 2 4 120 3 Wiltshire 11 1 10 0 1 1 9 0 Casework Directorate 0 0 0 0 0 0 0 0 Total 3,257 872 2,173 212 243 272 2,552 190 % 27% 67% 6% 8% 8% 78% 6% Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 376 Home Affairs Committee: Evidence

Table 16

INSTRUMENTAL ELEMENTS December 2006

If prosecution was successful, especially after a retraction or threatened retraction, were any of the following, in your view, instrumental in bringing the case to a successful conclusion: Support of the victim Support of the victim Involvement of specially Use of special Number of by Victim Support/ by specialist DV trained police oYcers/ measures at Contact Area victims Witness Service voluntary sector police handling of victim court with CPS Other Avon & Somerset 90 18 2 19 1 0 5 Bedfordshire 40 0 0 1 0 2 5 Cambridgeshire 45 1 0 1 1 2 2 Cheshire 108 5 10 12 14 6 3 Cleveland 53 0 0 0 0 0 1 Cumbria 33 0 0 14 0 0 0 Derbyshire 72 1 0 7 1 1 0 Devon & Cornwall 49 0 0 0 0 0 1 Dorset 38 7 0 8 0 0 7 Durham 36 2 0 1 0 0 1 Dyfed Powys 30 2 0 2 0 2 1 Essex 77 0 0 1 0 0 5 Gloucestershire 51 4 1 1 2 6 0 Gt Manchester 196 10 4 21 5 12 6 Gwent 49 0 0 0 0 0 1 Hampshire 110 1 0 4 0 1 1 Hertfordshire 60 0 0 3 1 0 0 Humberside 51 5 0 10 1 3 5 Kent 97 3 0 8 1 5 6 Lancashire 159 0 1 6 0 2 3 Leicestershire 78 0 0 0 1 1 1 Lincolnshire 29 1 0 3 0 1 0 Merseyside 101 13 2 21 8 14 3 Metropolitan & City 221 18 2 11 2 9 4 Norfolk 39 2 1 2 0 0 1 Northants 12 1 0 0 0 0 1 Northumbria 154 5 0 1 3 3 4 North Wales 53 5 0 1 0 0 12 North Yorkshire 30 0 0 1 0 2 2 Nottinghamshire 81 4 2 3 3 4 13 South Wales 73 9 6 1 2 1 4 South Yorkshire 123 1 0 4 1 0 8 StaVordshire 97 5 0 3 1 1 9 SuVolk 49 1 0 0 1 0 0 Surrey 5 0 0 0 0 0 0 Sussex 74 1 0 1 2 0 6 Thames Valley 107 15 1 24 10 36 13 Warwickshire 29 1 0 1 0 0 1 West Mercia 40 0 1 1 0 0 3 West Midlands 278 39 12 40 8 37 9 West Yorkshire 129 2 2 9 4 2 5 Wiltshire 11 1 0 0 1 1 1 Casework Directorate 0 0 0 0 0 0 0 Total 3257 183 47 246 74 154 153 % 21% 5% 29% 9% 18% 18% Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 377

Table 17

EXCLUDED FORMS

December 2006

AREA Total Forms Total Excluded % of Total Received Forms Return Avon & Somerset 91 0 0% Bedfordshire 38 0 0% Cambridgeshire 40 0 0% Cheshire 107 3 3% Cleveland 51 0 0% Cumbria 29 0 0% Derbyshire 73 1 1% Devon & Cornwall 50 1 2% Dorset 34 0 0% Durham 37 3 8% Dyfed Powys 30 0 0% Essex 77 3 4% Gloucestershire 50 2 4% Gt Manchester 207 22 11% Gwent 49 0 0% Hampshire 108 4 4% Hertfordshire 63 8 13% Humberside 53 3 6% Kent 91 0 0% Lancashire 170 13 8% Leicestershire 83 7 8% Lincolnshire 32 2 6% Merseyside 100 1 1% Metropolitan & City 309 95 31% Norfolk 38 4 11% Northants 10 0 0% Northumbria 153 0 0% North Wales 54 3 6% North Yorkshire 35 5 14% Nottinghamshire 92 14 15% South Wales 78 9 12% South Yorkshire 128 8 6% StaVordshire 99 5 5% SuVolk 57 8 14% Surrey 15 10 67% Sussex 73 2 3% Thames Valley 111 8 7% Warwickshire 28 0 0% West Mercia 39 3 8% West Midlands 314 53 17% West Yorkshire 159 36 23% Wiltshire 32 21 66% Casework Directorate 0 0 0% Total 3,487 357 % 10% Excluded forms consist of: — Forms returned with a court finalisation outside Dec 06 — Appeals or Pre-Charge Decisions — Duplicates — Queries not resolved by 27 Apr 07 Note that Total Forms Received minus Exclusions does not equal No. of Defendants because some multi-defendant cases were returned on the same form. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 378 Home Affairs Committee: Evidence

Table 18

COMPARISON OF MIS DATA AND DV SNAPSHOT DATA Dec-06

AREA December 2006 December 2006 DV Variance MIS Data Snapshot Data Avon & Somerset 71 90 "27% Bedfordshire 32 38 "19% Cambridgeshire 38 41 "8% Cheshire 114 104 9% Cleveland 52 51 2% Cumbria 31 29 6% Derbyshire 80 72 10% Devon and Cornwall 80 49 39% Dorset 52 34 35% Durham 37 34 8% Dyfed Powys 36 30 17% Essex 79 74 6% Gloucestershire 56 48 14% Greater Manchester 217 185 15% Gwent 54 49 9% Hampshire 132 104 21% Hertfordshire 62 55 11% Humberside 54 50 7% Kent 92 91 1% Lancashire 185 157 15% Leicestershire 70 76 "9% Lincolnshire 39 30 23% Merseyside 139 99 29% Metropolitan & City 451 214 53% Norfolk 46 34 26% Northants 31 10 68% Northumbria 152 153 "1% North Wales 62 51 18% North Yorkshire 27 30 "11% Nottinghamshire 95 78 18% South Wales 83 69 17% South Yorkshire 129 120 7% StaVordshire 86 94 "9% SuVolk 57 49 14% Surrey 24 5 79% Sussex 84 71 15% Thames Valley 124 105 15% Warwickshire 30 29 3% West Mercia 45 36 20% West Midlands 286 265 7% West Yorkshire 173 123 29% Wiltshire 50 11 78% Total 3,837 3137 18% Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 379

ADDITIONAL INFORMATION

1. Introduction 1.1 In its oral evidence session on 22 January 2008, the Home AVairs Committee requested additional evidence from the Crown Prosecution Service (CPS) on the following subjects: — the current situation in the Crown Court and youth courts in relation to domestic violence; — barriers to the further roll-out of specialist domestic violence courts (SDVCs) and options for mainstreaming the courts; — data on how many victims and perpetrators of domestic violence are under 18 years old; — data on the ethnicity of defendants in domestic violence cases; and — data on the number of domestic violence prosecutions that proceed despite the victim retracting his or her statement (taken from the December 2006 CPS snapshot). 1.2 This information is detailed below.

2. The Current Situation in the Crown Court and Youth Courts 2.1 Magistrates’ courts deal with 86% of domestic violence cases (CPS Domestic Violence Snapshot, December 2006). In December 2006, magistrates’ courts had a conviction rate of 64%, compared with 76% and 75% in the youth courts and the Crown Court respectively. The high proportion of cases dealt with in the magistrates’ courts and the lower rate of successful outcomes have meant that the SDVC Programme has focused to date on magistrates’ courts. 2.2 All prosecutors, caseworkers and designated caseworkers in the CPS are currently being trained on how to prosecute domestic violence cases. We expect all Area-based legal staV to be trained by April 2008. The CPS continues to enhance its ability to provide its own, in-house, high quality advocacy in all courts. This means that CPS Higher Court Advocates (HCAs) who have been trained in domestic violence are increasingly prosecuting domestic violence cases in the Crown Court. 2.3 The CPS recognises that some of the most serious cases of domestic violence are dealt with in the Crown Court. CPS training material therefore makes clear that where independent counsel or agents are used, they should be given instructions based on the CPS Policy and Guidance for Prosecuting Cases of Domestic Violence. This guidance should cover issues such as: — the safety of the victim and any children; — witness’ willingness to proceed; — whether or not the case can/should proceed without the witness; — whether or not a witness summons should be issued; — if the witness fails to attend, the circumstances in which a witness warrant should be applied for; — acceptability of pleas; and — any other issues relevant to the case. 2.4 CPS managers are instructed to regularly monitor the performance of counsel, agents and HCAs in order to ensure that they are familiar with the CPS Policy and Guidance on domestic violence. 2.5 A recent review of the first 23 SDVCs found that some courts had very good links with their local Crown Court.300 For example, one SDVC had introduced local protocols to avoid delays that were adopted by local criminal justice agencies. These were so successful that they subsequently linked them with the Crown Court. 2.6 The National SDVC Steering Group is currently updating the National Resource Manual for specialist courts and selecting further courts for 2008–09. Following this process, the Steering Group aims to look at options for mainstreaming the SDVCs (including plans for future Independent Domestic Violence Advisers—IDVAs—and Multi-Agency Risk Assessment Conferences—MARACs). This process, explained further below, will need to include the consideration of longer term plans for the small proportion of domestic violence cases that go through the Crown Court and youth courts.

3. Barriers to FUrther Roll-out of SDVCs and Options for Mainstreaming 3.1 There are currently 64 SDVC systems in 30 CPS Areas, and approximately 60 additional applications that are being considered by the National Steering Group. If these are successful, SDVCs would exist in the overwhelming majority of CPS Areas. There is widespread support across the country for the development of further SDVCs, IDVAs and MARACs.

300 The findings of the SDVC Review 2007–08, “Justice with Safety”, have been reported to the Inter-Ministerial Group on Domestic Violence and Sexual Violence. The report has not yet been published. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 380 Home Affairs Committee: Evidence

3.2 The decision to operate an SDVC system is primarily a local one, based on workload, resources and partnership commitment. The centre cannot mandate that areas do so. The National Steering Group has, however, publicised the findings of evaluations to disseminate the benefits that can be gained from this approach. 3.3 There is a three year funding programme for IDVAs and MARACs, which will aim to maintain approximately 100 courts through 2009–10. Grants have been allocated to 111 diVerent services for 2007–08, ranging from £20,000 to £80,000. This funding supports 64 existing IDVA services within SDVC systems in 30 Areas and 49 new or existing IDVA services in Areas that have made applications for new SDVCs. The issue of funding for IDVAs and MARACs beyond the three year programme needs further consideration and represents a potential barrier to the roll-out of SDVCs. 3.4 The SDVC Programme is currently overseen by a National Steering Group from the Home OYce, CPS and Her Majesty’s Courts Service. This is only part of the work of four oYcials. One of the potential barriers to rolling out the Programme is the limited national capacity to oversee further expansion of the accredited Programme. 3.5 The National SDVC Steering Group is in the very early stages of looking at options to mainstream specialist courts. The limited resources of the National Steering Group mean that the further development, selection and implementation of SDVCs may need to be considered at a local level. 3.6 A lack of formalised accreditation and support for implementation could potentially result in standards of performance declining. However, the current revision of the National Resource Manual for SDVCs should assist Areas in developing specialist courts to a high standard. 3.7 The National Steering Group is also hoping to explore the possibility of introducing a more standardised system at a local level to select, implement and develop SDVCs. This may involve working with local partnerships, including Local Criminal Justice Boards and Crime and Disorder Reduction Partnerships. However, given that this work is in its infancy, we are not in a position to provide further detail.

4. Victims and Perpetrators Under 18 4.1 The CPS flags all cases of domestic violence. Where a victim is under 18, “child abuse” should also be flagged. There is no similar flag for young oVenders. Instead, the data is collected from an “object” under the defendant class called “oVender type”. There are five oVender types: “not specified” (taken de facto as adult), “young oVender” (YO—youth), “prolific priority oVender” (PPO—adults), “persistent young oVender” (PYO—youth) and “prolific priority persistent young oVender” (PPPYO—youth). Youth oVenders are therefore identified as the sum of YO, PYO and PPPYO. 4.2 The data below relies upon operators applying the correct flags and identifying the correct defendant type. It therefore provides an indication only and should be treated with caution. 4.3 The data on under 18s for Quarters 1 and 2 (April–September) 2007–08 reported to the Committee only covered the numbers convicted. For further clarification, the total number of cases prosecuted is provided below.

Domestic Violence Defendant Prosecutions by OVender & Victim Type April–September 2007

Volume % Adult OVender—Adult Victim 29,493 93.1% Adult OVender—Youth Victim 747 2.4% Youth OVender—Adult Victim 1,414 4.5% Youth OVender—Youth Victim 24 0.1% Total 31,678 Data source: MIS PI universe 4.4 It should be noted that this data only covers cases that resulted in a prosecution. It does not include cases that do not get to the point of charge or cases where a decision is made not to charge. 4.5 The Committee requested an explanation for why in Quarters 1 and 2 there seemed to be a much higher proportion of youth to adult convictions than adult to youth convictions. Quarter 1 of 2007–08 was the first time data has been broken down in this way, and the CPS has not yet had an opportunity to probe or investigate the data. We are, at this point, unable to provide a definitive explanation. However, one possible explanation may be that cases involving adults to youths are sometimes flagged as child abuse but not as domestic violence (despite guidance to the contrary). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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4.6 Another possible explanation may be that victims under 18 may be more likely to retract their statements and refuse to proceed with the prosecution. In cases where the only evidence the CPS can rely upon is the victim’s statement, this may jeopardise the prosecution (although it may be appropriate to proceed by way of a summons). Another possible explanation is that adults may be more likely to report cases of domestic violence than children. It should be noted however, that these are merely possible explanations; they not based on data analysis or research.

5. Data on Defendant Ethnicity in DV Cases 5.1 The data below shows the number of domestic violence cases prosecuted in Quarters 1 and 2 of 2007–08, broken down by the defendant’s ethnicity. It does not include cases where no prosecution was brought.

Domestic Violence Defendant Prosecutions by Ethnicity April–September 2007

Volume % Asian 1,383 4.4% Black 1,709 5.4% Mixed 534 1.7% Chinese 29 0.1% White 25,791 81.4% Not Provided or Stated 2,053 6.5% Any Other Ethnic Group 179 0.6% Total 31,678 Data source: MIS PI universe 6. Prosecutions Proceeding Despite Victim Retraction 6.1 From 2002–06, the CPS conducted an annual “snapshot” counting and analysing the number of cases of domestic violence finalised in the month of December. The December 2006 snapshot (Annex A) showed that the proportion of victims who retracted their statement fell from 37% in 2002 to 28% in 2006. Of those retracting, 30% did so before plea (39% in 2005), and 63% before trial (53% in 2005). In 73% of retractions the police obtained a formal withdrawal statement, compared to 66% in 2005. 6.2 896 victims in 868 cases retracted in 2006, compared with 951 victims in 2005. In 421 (49%) of the 868 cases, the CPS decided to continue with the prosecution after retraction. This compared with 341 (36%) in 2005, 321 (40%) in 2004, 27% of cases in 2003 and 19% of cases in 2002. The CPS will continue to prosecute cases where the victim retracts, so long as there is suYcient evidence and it is in the public interest to do so. The safety of the victim, children, or any other potentially vulnerable person will be a prime consideration in reaching a decision. 6.3 In 40% of cases continuing after retraction, the defendant pleaded guilty; compared with 50% in 2005 and 24% in 2004. 8% of victims gave evidence after retraction, compared with 12% in 2005 and 7% in 2004. In 6% of cases other evidence suYced (the proportion was similar in 2005). 6.4 A witness summons was issued in 172 cases that continued after retraction (35%) compared with 91 (24%) of cases in 2005 and 140 (27%) of cases in 2004. The revised DV policy and guidance for prosecutors (issued in February 2005) provides a clear framework for how to assess the safety of victims and their children and the kinds of factors that should be taken into account when considering a witness summons. The guidance places an emphasis on the use of a summons in cases where this is essential to ensure that the prosecution can continue, in order to protect the victim and their children from any further violence. 6.5 Enhanced electronic monitoring was introduced in April 2007 to gather information on victim retractions and what happens to a case after a victim retracts. The first set of data from this flag will be collated in summer 2008. March 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 64

Supplementary memorandum submitted by Men’s Advice Line

What screening tools currently exist to help agencies determine whether a man presenting as a victim is indeed a victim? When do you expect to have your tools developed? Currently there are two Screening/Needs Analysis Tools that are still in development. Firstly the one developed by Mark Coulter which is currently being piloted in Newham and the Family Justice Centre in Croydon. The second, which is similar to the first has been developed by Relate. In July 2008 Relate will publish a report “Domestic Violence-Response and Recognition” which will findings of trials they have been conducting of assessment tools for identifying relationships where it is unclear who is the perpetrator and who is the victim. This report is funded by the Big Lottery.

What could be done to challenge lack of public understanding of male victims? (See below re awareness campaign)I would suggest that the key issue here is one of awareness-not so much aimed at the public but at professionals. I believe that whilst many professionals are increasingly becoming aware that men may be victims, they struggle to work out whether the man is genuine or not. This simply underlines the need for the Screening/Needs Analysis Tool.

What would the key messages of a public information campaign aimed at male victims be? Who could design/ deliver a campaign and which would be the best media to use? I would be concerned about having a campaign aimed specifically at “male victims” because many genuine/legitimate male victims do not always identify with the term. (See the latest British Crime Survey). Secondly I would be concerned that we would perhaps alienate the positive relationship the Men’s Advice Line (and Respect) enjoy with the End Violence Against Women lobby, Women’s Aid and Refuge. I would like to se a campaign aimed at men per se, irrespective of whether they are victims or perpetrators. This ensures that we are inclusive of all aspects of our callers; as partners/husbands, fathers, sons, brothers etc. Men do not seek help early enough, whether about general health issues or domestic violence until it is too late. A campaign would comprise of the following: 1. Recognition that men experience domestic violence too. 2. Inviting men to make contact. 3. A positive approach/message ie It’s ok to seek help as a man. 4. That help is available. 5. Message should be simple—Domestic violence aVects men too; Talk It Over. 6. No mention of “feelings” but rather focussing on solutions, because men are socialised/see themselves as “fixers” of problems. Such a campaign would be led by the Men’s Advice Line and ideally supported by Respect, Relate, the Men’s Health Forum and The Fatherhood Institute. All organisations have a very credible, national profile with their own networks which would ensure very wide coverage and publicity. All organisations have solid links with Government and there is no reason why this could not be supported by various Government departments such as the Home OYce, Department of Health and the Department for Children, Schools and Families. There is ONE caveat; If we are to construct a truly national campaign we have to ensure that we have the capacity to respond to enquiries, particularly by phone. Currently the Men’s Advice Line receives over four hundred or so calls a month and we would need perhaps significant additional capacity to ensure that we can respond eVectively to an increase in callers.

How many organisations deliver services for male victims other than MALE? Do any of these have any connection with MALE or do they all operate independently? There are four other organisations in particular that work with male victims: 1. Victim Support but I have concerns that they will focus on a specific incident rather than a pattern of behaviour. Inevitably this will result in perpetrators being given support as well as some victims. I have concerns around their understanding of risk, safety of the family as a whole etc and their willingness to share information. As such they are not a specialist service for male victims. 2. Mankind Initiative operate a phoneline and receive some two to three hundred calls a year. In addition, Men’s Aid also provide telephone advice to men who identify as victims. We have attempted on a number of occasions to enter into a dialogue with Men’s Aid in particular but so Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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far to no avail. It is true to say that in terms of their approach and ours to the understanding of domestic violence we are poles apart. Whilst our approach is essentially pro-feminist Man Kind and Men’s Aid believe that men are silenced by some feminist/feminazi(sic) conspiracy, are often homophobic and never consider the issue of men’s violence. It is my belief that these organisations use the issue of “male victims” as a vehicle to attack women and the feminist movement which, form our perspective is a complete anathema. The Men’s Advice Line is a registered member of the Telephone Helplines Association which ensures that proper standards are maintained. In addition, an accreditation process exists which we are currently in the process of applying for. Additionally, we have an independent evaluator currently contacting helpline users to gauge their experiences of the service that they received in order to ensure we provide and met the needs of a wide range of callers. March 2008

APPENDIX 65

Supplementary memorandum submitted by Respect

RESPECT ANSWERS TO HAC QUESTIONS

How do perpetrator programmes run by voluntary sector organisations diVer from those run by the probation service?

There are more similarities than diVerences. Both: — have a similar understanding of domestic violence; — run perpetrator programmes with associated partner support services which aim to increase the safety of women and children; and — attempt to manage risk as well as change behaviour. Key diVerences: — The probation service remit is to work with convicted oVenders to reduce reoVending. Respect voluntary sector members work with referrals from a wide range of agencies—some are on a statutory footing (such as CAFCASS, Social Services), some are an informal referral (eg from a GP, therapist, Relate counsellor, or other voluntary sector agency)—as well as self-referrals. — The probation service has two perpetrator programmes—IDAP and CDVP—accredited by the Correctional Services Accreditation Panel (CSAP). As a statutory national service, one of the aims of probation is to provide consistency across all 42 probation regions, so their programmes have a pretty rigid curriculum and delivery. Respect members run many diVerent programmes, often drawing on local resources, with a variety of programme lengths and structures, and more flexibility in approach. Most have cognitive behavioural therapy (CBT) elements, but often have more therapeutic content too. Respect, funded by the Home OYce and the Lankelly Chase Foundation, has developed accreditation for voluntary sector perpetrator programmes, which will be rolled out in April this year (subject to funding). Accredited services will meet nationally agreed quality standards. — Because of the partners they have (ie CAFCASS and Social Services) many Respect members’ programmes have a particular focus on child protection and safe parenting, which the probation programmes do not.

In your view, how serious a problem is the fact that probation service programmes are only available to perpetrators who have a conviction? Can you give examples of problems this has caused? What alternative programmes would you advocate for non-convicted oVenders, and who could deliver them?

The problem is not that probation only works with convicted oVenders—but that there are huge capacity issues for both the probation service and the voluntary sector. There needs to be considerable investment in both areas to meet demand. Respect accredited services will be ideally placed to develop and expand their services to work with non- convicted perpetrators in partnership with a range of agencies (see above). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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How do you work with the probation service to meet demand? There is no formal arrangement currently for Respect and our members to work with the probation service to meet demand, although we are aware of potential developments in the south west region, mentioned by Phil Mackin at the HAC evidence session on 22 January 2008. We would welcome the opportunity to work with the probation service on this. When accreditation begins Respect will be in the position (subject to funding) to have a much greater role in supporting and facilitating partnership working between the probation service and Respect accredited services. We have several ideas for diVerent models of working, including: — Respect accredited services staV could work side by side with probation staV to help them run probation groups (and could also provide some / all of the women’s safety work) — Probation staV could deliver some of the probation groups, with Respect accredited services staV delivering the remainder (and some or all of the women’s safety work) in the probation oYce — Probation could contract out the delivery of IDAP/CDVP to Respect accredited services entirely or — Purchase places on a Respect accredited service programme which it could use whenever probation waiting lists reached a particular level Capacity is an issue for Respect’s members as well as the probation service. Many of our members would be interested in working with probation, but lack the resources and infrastructure to do so. We are talking to the Home OYce currently, regarding the need for capacity building for the sector. We have concerns about what the probation service is doing in practice to address capacity issues and meet demand: — risk management and oVender management, with staV trained in domestic violence issues, should be prioritised for any oVender not oVered a programme place; — women’s safety work often only begins when a perpetrator begins a programme. Where there is a delay (or where a perpetrator is deemed unsuitable) vulnerable women and children often receive no support or information at all; and — also, it is impossible to adequately assess risk without hearing from women partners / ex-partners. If the probation service has not engaged with victims they are unable to assess risk eVectively and prioritise cases accordingly.

What is the current number of perpetrator programmes per local authority area? There are currently 37 programmes across England and Wales—see attached list. These are all Respect members and have signed up to work in accordance with Respect’s principles and standards. http:// www.respect.uk.net/pages/Principles and Standards

Are waiting lists for voluntary sector programmes as long as those for probation? We don’t currently have data on voluntary sector programme waiting lists. However, we are in the process of developing a national outcomes database, which will collect this information from all Respect accredited services across the country, from April 2008. Most programmes don’t advertise their services, yet demand is still high. Priority is given to those with funded places, which can lead to long waiting lists for self-referrals, who ironically may be those most motivated to change. Anecdotally, I’m aware of many services shutting their waiting lists for long periods of time. CAFCASS has a specific responsibility under the 2006 Children and Adoption Act to provide interventions that improve safety, including referral to dv perpetrator programmes, but despite a clear willingness to do this, they do not have the resources to take this further. The capacity of the voluntary sector to meet demand is not just about geographical availability, but also about the resources available to provide eVective services to all.

What interventions are available for perpetrators not deemed suitable for programmes? It depends why they are unsuitable. Some perpetrators: — have drug and alcohol issues or mental health issues which have to be addressed before they are ready and able to engage with a domestic violence perpetrator programme; — are “resistant to treatment”—they may deny their abuse outright, not see their behaviour as problematic, be unmotivated to change, refuse to engage with the referral process, or even pose a threat to workers; Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— may not have the cognitive ability to cope with a programme; and — may not have the language or literacy skills to cope with a programme. There are several options for interventions in these cases: — harm reduction measures such as increased containment and risk management should be prioritised for all of these—particularly those resistant to treatment; — increased levels of support and protection for partners/ex-partners and their children; — one-to-one work may be appropriate. Some Respect members provide a one-to-one “programme” adapted from their group programme which can be delivered with an interpreter where needed; and — intensive, motivational pre-programme work can also work well with some of those initially resistant to treatment. However, in reality at the moment very little is oVered to these perpetrators—and many of them pose higher risk than those who are suitable for programmes. There is no statutory requirement on the voluntary sector programmes to provide risk management and often there are no resources for this. Programme allocation should be based on a combination of risk and suitability assessments—often risk is the only factor considered, leading to valuable programme places being wasted (and groups disrupted) by high risk perpetrators who are not suitable for the programme (see below). It is essential that quality isn’t compromised. Corners should not be cut in a bid to meet demand. A combination of resources, flexibility and creativity is needed to develop eVective interventions with those not suitable for programmes.

There is evidence that male perpetrators are seeking help from a variety of agencies, in particular GPs and Relate, or that social services are putting pressure on them to attend perpetrator programmes as part of safeguarding children. In what ways are you working withUthese diVerent agencies to meet demand?

Respect works closely with Relate, whose domestic violence policy and training directs its counsellors to refer perpetrators to the Respect Phoneline and/or Respect members. GPs occasionally refer clients to the Respect Phoneline and/or Respect members but this is very patchy and to be honest, uncommon. There is a huge job to do in engaging health professionals across the board with perpetrator issues. There are opportunities for early interventions and appropriate referral across a range of health settings, but without guidance and training for health professionals, this does not happen. Respect is extremely interested in taking this further. The Association of Directors of Social Services (ADSS) sits on Respect’s accreditation panel and have worked with us to develop the accreditation system and standards. Currently social workers often don’t engage with the perpetrator at all, instead holding the mother to account for his behaviour. When they do refer perpetrators to programmes, it is often in an ad hoc way with no funding attached, but with high expectations that a programme will stop his violence and keep his partner and children safe. We hope that when accreditation is rolled out, social services departments will work in partnership with accredited services to address this and develop properly resourced referral routes to get perpetrators they are working with onto programmes. It’s an area where there is huge room for improvement, and currently a missed opportunity to keep women and children safe. We hope to work more closely with ADSS on this post April 2008. Obviously the same issues apply to perpetrators who are resistant to treatment when forced or coerced to attend programmes by social services as with probation—and similar motivational work may need to take place to engage them in the programme.

Are there any programmes available for perpetrators aged 18–21?

Most of our members accept perpetrators who are 18!. However, in practice, we don’t think that many of them actually work with perpetrators under 21. We will know more once national data collection begins with all accredited projects from April 2008. However, we believe that current programmes are not eVective for most young perpetrators (who are often victims of childhood domestic violence as well as being perpetrators themselves) and specialist services need to be developed. We are pleased to announce that we have been awarded funding by the DCSF Children and Young People’s Fund, for a three year project to develop work with children and young people (under 21) who use abusive behaviours in their intimate relationships. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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What specific research could be commissioned, to better understand the needs of young perpetrators, aged 16–18? What research on similar issues already exists? There is very little research on the needs of young perpetrators. Respect is aware of some research the NSPCC is currently undertaking: Safeguarding young people from exploitation and violence in teenage interpersonal relationships: Christine Barter, Dr Melanie McCarry and Kathy Evans, University of Bristol. This research seeks to explore with young people their experiences of physical, sexual and emotional forms of dating violence, including their coping strategies and views on intervention. The more specific aims include exploring: — the nature, frequency and dynamics of diVerent forms of exploitation and violence and the contexts in which these thrive; — if any groups are particularly vulnerable to becoming victims and/or assailants; and — wider social processes/structures that support such violence. A sample of approximately 1,500 pupils aged between 13 and 17 from eight schools in England, Scotland and Wales will be asked to participate in the survey, from this a qualitative in-depth interview sample of between 70–80 young people is being selected. The project is due to be completed June 2008. It looks like it will focus more on young victims than perpetrators. Alongside our Young People’s project (see above) we would welcome further research to help us gain more understanding of young people’s use of violence and abuse in intimate relationships. There are a lot of assumptions that young people use violence and abuse in the same way as adults—but there is no real knowledge about this. There are a range of issues it would be useful to explore through interviews with young people, including: — violence and abuse in teen dating relationships—including same-sex relationships; — family relationships—eg violence against siblings and parents; — young parents; — other violent oVending; and — self-harm amongst victims and perpetrators. It would be useful to explore the similarities and diVerences with adult domestic violence, particularly looking at risk management and eVective interventions.

Are you aware of any programmes for female perpetrators or other minority groups? No. Some projects say they work individually with female perpetrators, but none that I know of have developed a programme. We would like more research to aid the development of eVective interventions with this client group. We have three member organisations who oVer specialist services to BME communities. Respect has applied for funding to do capacity building and development work in this area. We also don’t know of any programmes for perpetrators in same sex relationships—and again research and development is needed in this area. Many programmes are not fully accessible for those with disabilities, which needs to be addressed.

What evaluation is there of the eVectiveness of perpetrator programmes? It depends what you want to measure. It’s important to look at both behaviour change and risk management. As with all interventions, victim safety is the key indicator of eVectiveness. Obviously perpetrator behaviour change contributes to this, but even where perpetrators fail to engage with a programme there can be successful outcomes for his partner / ex-partner if adequate risk management strategies are adopted. Most evaluations of perpetrator programmes (eg Burton, Regan and Kelly; Dobash and Dobash; Gondolf) find that about 70% of men who complete a programme cease using physical violence and significantly reduce their use of other forms of controlling behaviour. So, in terms of behaviour change there is some good news—but of course that doesn’t include those unsuitable for programmes or those who drop out or are removed from programmes. Programmes work (in terms of behaviour change) for some men. But it’s diYcult to predict which men. Risk assessment and management with the perpetrator plus support and protection for his partner / ex-partner and children are essential. These elements are integral to Respect’s accreditation standards. Attrition and re-assault are at their highest in the early stage of perpetrator’s attendance on programmes. One of Gondolf’s recommendations is to increase the intensity of the early part of the intervention, which means getting men into groups quickly, with two sessions per week at the start (and for probation, weekly meetings with his oVender manager (probation oYcer)) moving to weekly sessions later on. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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There is a need for a rigorous, well designed multi-site evaluation of UK perpetrator programmes, similar to the Gondolf study in the US. Respect has consulted with Gondolf, held a research roundtable to explore the options and put together a research proposal. The funding required is approximately £1.2million. We have received £120k start up funding from the Lankelly Chase Foundation and are talking to several other funders. We would welcome government investment in this crucial piece of research.

How useful are reconviction rates as a measure of eVectiveness? A reduction in reconviction rates is often held up as a success, but: — attrition rates from report to court are still unacceptably high—reconviction rates do not reflect the true picture of reoVending; — reconviction rates do not pick up non-criminal behaviour such as severe controlling behaviour and jealous surveillance which are key homicide indicators; and — reconviction / reoVending rates do not take account of victims who have become too scared to report further violence if they have been punished for doing so before. As well as collecting quantitative data on convictions, reconvictions etc. we’d like to see all agencies measuring victim safety. Data collection should reflect this and include victim evaluations of safety—not just victim satisfaction—as well as data on convictions, reconvictions etc.

Compliance hearings / judicial monitoring Compliance hearings are a way of the court checking back on a perpetrator’s progress part way through his order—with the option of alternative sentencing if he is not compliant with the programme in any way (non-attendance, refusal to participate fully, further oVending). Recent US research has called into question the eVectiveness of judicial monitoring. Here is a summary of the research paper Does Judicial Monitoring Deter Domestic Violence Recidivism?: Results of a Quasi- Experimental Comparison in the Bronx; Michael Rempel, Melissa Labriola and Robert C. Davis; Sage Violence Against Women 2008; 14; 185. The online version of this article can be found at: http:// vaw.sagepub.com/cgi/content/abstract/14/2/185 This study looked at the eVectiveness of judicial monitoring in the Bronx, USA. A number of randomised trials examining the eVects of the judicial monitoring component of drug courts have reported positive results, and previous studies (in San Diego and Pittsburgh) also found some positive results in domestic violence cases. This study calls into question the domestic violence findings, saying that positive eVects cannot be put down to monitoring alone, or that monitoring increased completion of programmes, not necessarily reduced recidivism. The Bronx study found that judicial monitoring failed to reduce the re-arrest rate for any oVence, for domestic violence, or for domestic violence with the same victim. However, it appears that there are several limitations of the Bronx court’s form of judicial monitoring. It does not meet the definition of judicial “supervision”, but is instead judicial “surveillance”, where compliance hearings are presided over by a judicial hearing oYcer (JHO), usually a retired judge— apparently this is common for US domestic violence courts. The JHO is not technically a “judge”, and is not empowered to impose sanctions. S/he has to send an oVender back to a sentencing judge in cases of non- compliance. The researchers noted that the JHO’s feedback was brief, matter-of-fact, and often employed terminology that the oVenders may not have fully grasped. When a case is sent back to a sentencing judge, possible responses included re-sentencing the oVender to jail based on a failure to fulfil the terms of his order, continuing the current sentence, or, in the event of a new domestic violence re-arrest, simply adjourning the older case to await the dispositional outcome of the new one. The sentencing judges did not apply a formal sanctions schedule or protocol dictating exactly which sanctions would be imposed in response to particular forms of non-compliance, but retained case- by-case discretion. This study was motivated by an interest in testing the hypothesis that judicial monitoring deters future domestic violence. They found that monitoring did not have the anticipated eVect; but it may be that simple judicial surveillance is ineVective, rather than all forms of judicial monitoring. The researchers therefore recommend further research exploring the eVectiveness of a more intensive and robust form of judicial supervision. What this means for the UK is that it may be worth piloting a trial of judicial monitoring, so long as: — it is an intensive and robust intervention (judicial supervision not surveillance); —theoVender is called back to account for himself in front of the same judge; — the judge has powers to re-sentence; and — clear guidance is available for judges as to what re-sentencing options are appropriate for diVerent forms of non-compliance. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Respect would suggest that what is probably more important in the UK at the moment is: — appropriate sentencing (not fines and bindovers); — comprehensive monitoring and evaluation of the outcomes / eVectiveness of diVerent sentencing options; and — consistency in breaching of orders for non-attendance, non-compliance and reoVending.

Would there be scope for feedback from the victim? Any process that involves feedback from the victim needs to ensure that this is a safe process. If the feedback is made known to the perpetrator, it may put the victim at further risk. But of course, victim feedback is the most reliable information on the perpetrator’s progress. If such hearings were to consider victim feedback, they would need clear information sharing and safety protocols and tools, and training for staV.

What were the most successful elements of the 2005 MPS information campaign aimed at men? Key elements of success: — There have been many successful campaigns targeted at women / victims (which obviously need to continue). However, this campaign targeted men / perpetrators directly. It did not try to address too many audiences at once. It wouldn’t have been so successful if it had also tried to engage perpetrators in accessing support (although such a campaign would also be welcome). — This campaign had the highest rate of recall of any MPS information campaign, across all demographics. Domestic violence campaigns often have a low rate of recall among men—but this one targeting men directly was successful in reaching men, including BME men. Anecdotally I’ve heard of men reading the ads on the tube slack-jawed; and men attending a perpetrator programme I was running at the time had all seen and remembered the campaign. One man mentioned how the police have changed over the years and you can’t get away with domestic violence now. — The messages were simple and uncompromising—that the police will seek out men who abuse their partners and arrest them, even if the victim refuses to make a statement or give evidence. They used clear, direct language—“we will arrest you immediately”, “we will track you down”. — The messages came directly from the police. As well as telling current perpetrators that they won’t get away with it, the fact that the police are making such clear statements has a preventative element and helps to create and reinforce social change. — The campaign was multi media including: a radio ad, 48 sheet billboards—adverts in London press and magazines, football programmes, washroom panel posters and beer mats in pubs and bars. http://www.met.police.uk/dv/publicity05.htm

Who would be best placed to develop a similar campaign, and through which media? We’d like to see more criminal justice system campaigns in a similar vein, giving uncompromising messages about how the CJS will catch and prosecute perpetrators. Local Criminal Justice Boards might be a good place for coordinating and funding such campaigns. We’d also like to see campaigns which attempt to engage perpetrators in stopping / changing their behaviour. These would be less confrontational, attempting to encourage and support perpetrators to seek help, publicising the Respect Phoneline and perpetrator programmes.

RESPECT VOLUNTARY SECTOR MEMBERS PERPETRATOR PROGRAMMES WITH ASSOCIATED WOMEN’S SUPPORT SERVICES ACCURATE AS AT 18.02.08

England 1. Screams in Silence*—Cheshire (Stockport) *specialists South Asian communities 2. Safe Domestic Abuse Team, NSPCC—Cumbria (Barrow in Furness) 3. Let Go Project—Cumbria (Penrith) 4. Ahimsa—Devon (Plymouth) 5. REPAIR—Devon (Barnstaple) 6. REPAIR—Devon (Exeter) 7. REPAIR—Devon (Newton Abbot) 8. Family matters—Dorset (Bournemouth) Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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9. Families without Fear—Greater London (Camden) 10. SIRI behavioural health*—Greater London (Haringey) *specialists African and African Caribbean communities 11. DVIP*—Greater London (Hammersmith) *Includes Al Aman project, specialists Arabic speaking communities 12. DVIP—Greater London (Southwark) 13. DVIP—Greater London (Newham, Waltham Forest, Barking and Dagenham) 14. The Men’s Centre—Greater London (Islington) 15. Tryangle Project—Greater London (Greenwich) 16. Hampton Trust*—Hampshire *operates at more than one site but details not given) 17. Pendle DV Initiative—Lancashire (Pendle) 18. Domestic Violence Integrated Response Project—Leicestershire (Leicester) 19. INPACT—Merseyside (Knowsley) 20. Merseyside Abusive Partner Programme—Merseyside (St Helens) 21. NSPCC: Liverpool—Merseyside (Liverpool) 22. S.A.F.E.—North Yorkshire (Scarborough) 23. S.A.F.E.—North Yorkshire (Redcar) 24. Relate Northamptonshire—Northamptonshire (Northampton) 25. Somerset Change—Somerset (Yeovil) 26. Somerset Change—Somerset (Bridgewater) 27. Walsall DVF Ltd (SAFE)—StaVordshire (Walsall) 28. South Tyneside Domestic Abuse Perpetrator Programme –Tyne and Wear (South Shields) 29. Surestart Newcastle—Tyne and Wear (Newcastle) 30. Chrysalis—North Tees (Stockton) 31. Chrysalis—North Tees (Hartlepool) 32. Relate Coventry—West Midlands (Coventry) 33. S.T.O.P.—West Yorkshire (Leeds) 34. 8 days a week—West Yorkshire (Bradford) 35. SPLITZ support services—Wiltshire (Trowbridge) 36. SPLITZ support services—Wiltshire (Salisbury)

Wales 37. Montgomeryshire Family Crisis Centre—Powys Notes: — Many of the above projects take referrals from a wider geographical area than the town / borough they are based in. — There is a new group starting in March 2008—Relate Greater Manchester. March 2008

APPENDIX 66

Letter from Kevin Brennan MP, Parliamentary Under-Secretary of State for the Department for Children, Schools and Families I am writing with further information requested by the Committee from its session on4 March. The Annex to this letter summarises the relevant legislative underpinning for safeguarding children and young people and sets out recent and planned work of the Department for Children, Schools and Families in this area. It then addresses the Committee’s specific questions. As this is a good deal of information I thought it would be helpful for me to summarise the key points. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Keeping children and young people safe is a top priority for this Government and my Department. We have introduced new legislation, new guidance and new structures to make children safer. And we’re committed to doing even more as set out most recently in the cross-Government Staying Safe: Action Plan published last month. Child abuse is completely unacceptable. There are no excuses. I share the Committee’s concern about the abuse and harm to children caused by domestic violence and forced marriage. I would like to make it absolutely clear that this Government is committed to improving the safety and welfare of all children and young people, whatever their background or circumstances. I am determined that we will do all we can to make the existing systems and guidance as eVective as possible and to strengthen them where needed. Our responses to the Committee’s questions set out in some detail the specific guidance and other measures this Department has put in place to ensure that schools and local authorities understand their responsibilities in relation to children’s safety and are clear about the action they need to take. Ministers intend to write to all schools and local authorities within the next few weeks reinforcing these responsibilities and the related guidance, highlighting good practice, and drawing attention to the planned consultation on revised forced marriage guidelines which we intend to place on a statutory footing this autumn. The Annex provides the Committee with qualitative and quantitative information collected, via regional Government OYces, from 14 local authorities. There is some interesting practice on raising awareness of forced marriage issues in schools which I hope the Committee will find useful. In relation to the quantitative data, it is important to contextualise for the Committee the basis on which this data has been collected by local authorities. In February last year a new duty on local authorities came into force, backed by statutory Government guidance, to identify children not receiving suitable education. The Annex sets out more detail about what the duty involves. The duty was intended to ensure that all local authorities were focusing on and properly following up children who were not being educated suitably and who might be at risk in other ways. The statutory guidance provided to support local authorities in their exercise of this duty sets out in some detail the processes which authorities need to follow, including where appropriate involving the police, It also includes a specific reference to the forced marriage guidance. Following last week’s Select Committee discussion, my oYcials requested quantitative data from 14 local areas via the regional Government OYces. The overall figures provided, which relate to the number of children under the school leaving age not receiving a suitable education (as defined by the duty referred to above) are set out in the Annex for 13 of these authorities. In relation to Bradford, which was discussed at the Select Committee session last week, I have asked my oYcials to probe their figures more deeply and I will update you on what we find as soon as possible. It is important to clarify that the figures for children not receiving a suitable education are made up of children that have come to the local authority’s attention in diVerent ways—for example, some are children who are not at school because their parents have not yet taken up a school place; some are children being educated at home where the local authority is not satisfied with the standard of the education; some are children notified to the local authority by schools because the children have been continually absent from school. Of the total some are “missing” in the sense that they are not at their previously known address. This may be because the family has moved without giving forward contact details, and their previous school and authority have not yet found out where. The volumes are very variable and I will ask Government OYces to discuss the larger figures in particular with local authorities. Many of the local authorities that replied to us explained about cases that had been passed to the police, and they explained about other ways in which they followed up the cases of these children. The statutory guidance on this duty has now been in place for a year and I have written today to Her Majesty’s Chief Inspector to ask Ofsted to provide their view of how well this new duty is being implemented. Following advice from Ofsted, the Department will work with local authorities to share best practice and lessons that can be learnt about putting in place more eVective mechanisms. We are committed to working closely with colleagues in the Home OYce and the Forced Marriage Unit including on the development of further materials tailored more specifically to schools and young people. I hope the information in this letter will aid the Committee’s Enquiry. I would of course be happy to respond to any further requests the Committee may have. We are already committed to reporting to Parliament later this month on the action we intend to take to raise awareness and engagement in schools on these important issues. 11 March 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Annex submitted by DCFS

Annex

RESPONSE TO QUESTIONS FROM HOME AFFAIRS SELECT COMMITTEE This Annex sets out briefly the range of measures that this Department has already put in place and the further work we are planning in order to make children safer and to tackle all forms of abuse, including domestic violence and forced marriage. It then goes on to address the specific questions asked by the Select Committee on action to safeguard children and young people from forced marriage and how this relates to the local authority duty to make arrangements to establish the identities of children not receiving a suitable education.

Legislative Framework and Related Policy Statements and Plans The Education Act 2002 gave schools a duty to safeguard and promote the welfare of their pupils. To help schools meet this duty, we have issued a range of guidance on the action schools should take where there are concerns about children’s welfare. This includes specific advice drawing their attention to the issues of domestic violence and forced marriage, among others. We are also clear about the importance, through the curriculum, of helping children to understand about keeping safe and how to ask for help. The Children Act 2004 put in place a much stronger framework for children’s services and for safeguarding children in particular. This Government has created statutory Local Safeguarding Children Boards (LSCBs) to co-ordinate what local bodies do to safeguard children and to ensure that they are working eVectively together. LSCBs draw up local procedures for how agencies work together including education, children’s social care, and the police and these often contain specific sections on particular types of harm to children, such as domestic violence. Two examples are the Derby and Derbyshire Safeguarding Children Procedures301, and the Pan- London Safeguarding Procedures302, both of which contain specific and detailed sections on forced marriage. Derby and Derbyshire’s procedures also include a section on domestic violence, and the London Safeguarding Children Board recently approved procedures on safeguarding children abused through domestic violence as part of the series of supplementary procedures to the London Child Protection Procedures. On 19 March, DCSF will be holding our second national conference for all Local Safeguarding Children Boards. That will be an important opportunity to share learning and good practice and we have invited the Forced Marriage Unit to host an exhibition stand at this event. The Children Act 2004 also gave a range of statutory agencies a legal duty to safeguard and promote the welfare of children. Statutory guidance, Making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004303, was issued in July 2005 and updated in March 2007. This is aimed at the police, hospitals, prisons and others covered by the requirement saying what they should do to make sure children are safe. The guidance makes clear for example that police need to identify vulnerable children in domestic violence cases, and that housing authorities need to consider the safety of children when they are oVering help in domestic violence cases. We have also required local authorities to have Lead Members and Directors who are clearly accountable for their children’s services. The Children’s Plan304, published on 11 December 2007, places children and young people at the centre of everything we do so and sets out a 10 year vision for children’s services. Staying Safe, the first ever cross-Government strategy on safeguarding children and young people, published last summer, was developed to raise awareness and understanding. It sends the strong message that keeping children safe is everyone’s responsibility. We want to make sure not just that professionals and organisations understand their responsibilities but that parents, carers and the public—and children and young people themselves—understand what they can do to safeguard children. Following wide consultation and debate, we published the Staying Safe: Action Plan305 in February 2008 setting out a comprehensive cross-Government programme of work over the next three years. This includes commitments to tackle domestic violence: implementing the National Delivery Plan for Domestic Violence and publishing the revised Children’s Needs—Parenting Capacity (1999) report, updated from research on the eVect of parental problems on children’s development. The Staying Safe: Action Plan sets out specific commitments to help tackle forced marriage, including implementing the Forced Marriage (Civil Protection) Act 2007 by Autumn 2008, which will place Forced Marriage Unit guidelines (including for social workers, police, education and health professionals) on a statutory footing.

301 http://www.derby.gov.uk/HealthSocialCare/SocialServices/ChildrenAndFamilyCare/ChildProtection/ SafeguardingChildrenProcedures.htm 302 http://www.londonscb.gov.uk/ 303 http://www.everychildmatters.gov.uk/resources-and-practice/IG00042/ 304 http://www.dcsf.gov.uk/publications/childrensplan/ 305 http://publications.teachernet.gov.uk/ default.aspx?PageFunction%productdetails&PageMode%publications&ProductId%DCSF-00151-2008& Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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The Action Plan is underpinned by the new Public Service Agreement to improve children and young people’s safety. This signals our commitment to keep children’s safety high on the national agenda and monitor progress. We are also providing £30 million over four years to the NSPCC to increase the capacity of ChildLine and its other helplines to respond to children and to adults with concerns about children. Where appropriate, ChildLine make referrals on directly to the Forced Marriage Unit. Our increased funding will mean that more young people will have someone to talk to, listen to their concerns and put them in touch with appropriate sources of support. All the action we have already taken, or are committed to take, will strengthen the system for keeping all children and young people safe. The Committee’s Enquiry is focusing on areas where targeted action is needed. Building on the actions set out above, the DCSF is committed to doing all we can to improve our understanding of the issues and to engage with local communities, and to take further action, in particular to improve the engagement of schools and local authorities and the collection of robust data. We will report back to Parliament in March setting out the action we intend to take. The remainder of this Annex addresses the Committee’s specific questions, in the order of the note supplied by Lis Bates.

Q1. Please could we have the note oVered by the minister on the work done recently by DCFS with Government OYces consulting schools on what information they give out on forced marriage etc? We sought information from 14 local authority areas, via Government OYces (GOs), to find out what action is being taken to address forced marriage issues in schools. These 14 areas were suggested by the Forced Marriage Unit (FMU) as being areas they believe have a high incidence of forced marriage. The areas were:

Government OYce Region Local Authority Areas East Midlands Derby City, Leicester City East of England Luton London Tower Hamlets, Newham, Waltham Forest North East Middlesbrough North West Manchester, Lancashire, Blackburn with Darwen South West Bristol West Midlands Birmingham Yorkshire and Humber Leeds, Bradford

GO North West also chose to oVer some additional information from Oldham. The following summarises returns, based on the questions we put to the Government OYces:

Are schools displaying FMU posters? Government OYces reported variable practice on the use of the FMU poster in schools. Some areas are displaying the posters, while others are not, for a variety of reasons: — Schools in Oldham are displaying the poster. — Bristol local authority is working with its schools to make sure that posters are appropriately displayed. — In Luton, schools and the local authority have issued FMU cards instead, saying that they have found these to be more discreet and eVective than posters. — In Derby most schools had not been aware of the FMU poster, one school was displaying the poster and associated leaflets. — Bradford local authority has issued the poster to its schools together with a Forced Marriage policy. — In Birmingham, the poster has not been displayed as schools felt that the graphics are too “hard-hitting”. — Some schools in Leeds are displaying the posters, but others are concerned that they may oVend some of their parents. A number of areas mentioned that they were unaware that the poster was available and it has only been available on request. We are proposing to work with FMU to develop materials specifically for schools and actively distribute these before the summer. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Do schools use other means to raise awareness, e.g through PSHE? Again, a mixed response was received from GOs. Some areas have reported that the issue of forced marriage is not covered in PSHE, while in other areas it is, with some schools using the “Someone to watch over me” video package. Responses also provided examples of other ways of giving out information and raising awareness about forced marriage: — Newham Asian Women’s Project provides workshops to be run as part of PHSE lessons and oVers sessions on domestic violence, self-harm and relationships where forced marriage is discussed and awareness raised. — In Middlesbrough a member of the local authority’s Ethnic Minority Service team currently delivers a programme to Black and Asian girls on raising self-esteem and this includes the issue of forced marriages Schools are consulted on content and delivery of this programme. — Luton local authority and LSCB have developed a Domestic Abuse Education Pack which addresses the issue of forced marriages and is aimed at PSHE lessons in schools. — Education Bradford has issued a Forced Marriage policy to all schools and has evidence of this being used. It also has a named contact for schools to discuss concerns and includes forced marriage in its two-day training programme for named Child Protection leads. — In Waltham Forest the Ashiana Project is targeted at young south-east Asian women and carries out work in schools around domestic violence including forced marriage. — Tower Hamlets local authority include forced marriage issues in multi-agency training on “Working with Bangladeshi Children and Families”. They also include forced marriage in their education child protection courses and their foundation multi-agency child protection training. — Bristol local authority is developing an “issues based” additional resource for schools to include in their PSHE programmes. Forced marriage will be one of the areas covered alongside other issues, eg rape, sexual exploitation, violence in relationships, grooming, female genital mutilation etc. The local authority plans to oVer training to schools based on this resource, which will also cover how to spot the signs of forced marriage and awareness raising on how to intervene and who to contact.

Do schools know how to spot the warning signs of forced marriage and what to do? The responses to this question indicate that in most areas school staV receive training and/or information about these issues. Responses reported the following: — A programme of child protection training is carried out across schools in Leicester city, which includes training on forced marriages as a child protection issue. — In Birmingham schools have been given information through the Designated Person training about the issue of forced marriage and the warnings signs to consider. Over the past two years, the uptake of this training had been 99% of schools represented. — In Bradford, forced marriage is covered in the two day training for named child protection leads. Procedures specific to forced marriages are in individual schools and the Safeguarding Board runs specific training on the subject for schools. — Oldham, Lancashire and Blackburn with Darwen confirm that forced marriage is included in their LSCB Safeguarding protocols and also included in basic child protection training for school staV.

Do schools know about the FMU and the services they oVer? GO responses indicate that in general local authorities were unable to confirm the exact level of knowledge about the FMU in individual schools, but felt that it was likely to vary. In Bradford the local forced marriage policy was developed in partnership with the Forced Marriage Unit and is reviewed every six months, but in the majority of other areas it would appear that more work is needed to raise awareness in schools of the Unit and its services.

What more would schools like to see in this area in terms of awareness-raising and/or dealing with cases? Would schools be willing to work with FMU to develop an awareness-raising programme for pupils and teachers about the warning signs that a child might be taken abroad for forced marriage during the school holidays? The GO returns indicate an appetite in schools for further basic awareness raising and specific targeted training, as well as more information about the resources and support available locally and nationally for young people and professionals. For example, Leeds have suggested that case studies, community champions and better literature would be helpful. Responses also indicate that school staV in all regions would be happy to work with FMU to develop materials. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Is forced marriage included in the Local Safeguarding Children Board’s policies and procedures? Responses from the GOs indicate that forced marriage is included in all LSCB policies and procedures. Examples of work on forced marriage in specific areas provided in the GO returns include: — Cleveland Police launched the Teeswide helpline (November 2007) for people who were fearful or part of a forced marriage. — In Leicester, there is local inter-agency guidance, previously agreed by the Area Child Protection Committee, on forced marriage procedures. This guidance is congruent with the National Forced Marriage Guidance, although is briefer, and has reportedly been well received by partner agencies. A cultural diversity oYcer from Leicester City Council was involved in shaping the National Forced Marriage Guidance. In addition, forced marriage is included in the wider response to domestic violence and included in the LSCB Business Plan. — Luton local authority has arranged, jointly with schools and the police, a study day on forced marriages to take place immediately after Easter. This will review the joint protocol with Bedfordshire which is currently in use. Forced marriage is to be a LSCB priority and work is being done jointly with the FE colleges as all non-academy schools in Luton only go up to age 16. The local authority has helped a local college (Barnfield) to draw up a policy and given training. — Manchester reports that it has been working on awareness raising and developing joint responses to the issue of forced marriage for the last three years and the Director of Children’s Services has made this a high profile issue across agencies. — Lancashire currently has a consultation group looking at the Forced Marriage and Honour based violence strategy led by the CPS and Lancashire Constabulary.

Q2. Why is DCSF unable to mandate schools to put up certain information, especially when that information could save lives? If you are unwilling to mandate schools, what alternatives would you suggest to improve the current situation, whereby little to no pressure is exerted on schools to publicise or deal with domestic violence and forced marriage? As autonomous establishments, schools are free to make their own decisions about what posters to display depending on local circumstances. However, we would encourage schools to make these or other materials available. As exemplified in the response to Question 1, we know that some schools have found that other ways of raising awareness are more eVective, for example, including teaching on these issues in the curriculum, distributing leaflets or cards, or through enabling young people to access websites. Posters are just one mechanism that can be used to get the message across. We understand that, until now, the Forced Marriage Unit materials have only been available on request. They have also been designed as generic materials for use in a range of settings. Our experience in other areas underlines the value of tailoring materials to children and young people in order to maximise their usefulness and impact. Therefore, we plan to work with the Forced Marriage Unit to develop materials specifically for schools, and tailored to young people, and will actively encourage schools to use them. We will draw on what we have learned through our recent data gathering exercise which indicates a range of diVerent approaches can be used to inform children and young people about forced marriage issues and signpost them to sources of further advice and support. Local authorities also have a role in encouraging schools around these issues as part of their duty under S175 of the Education Act 2002 to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children. Local authorities have responsibilities at a strategic, support and operational level. As part of their support arrangements we expect local authorities to make sure that induction training for all school staV covers safeguarding; to provide model policies and procedures for schools on all aspects of safeguarding; to provide advice and support for schools about dealing with individual cases; and to make arrangements to support staV in schools with designated lead responsibility for child protection. We do intend to make the forced marriage guidance for education professionals statutory. This will be done once it has been revised and schools and other stakeholders consulted on the content. This commitment was set out in the Staying Safe:Action Plan published on 5 February—to implement the Forced Marriage (Civil Protection) Act 2007 which will place FMU guidelines, including for education professionals (and social workers, police and health workers), on a statutory footing. Once the statutory guidance is issued, schools and other educational establishments will have to have regard to the guidance in putting in place procedures to raise awareness of and deal with cases of forced marriage. If challenged, for example by Ofsted, schools will need to be able to prove how they have taken account of the guidance. In the meantime, DCSF Ministers will reinforce good practice in advance of statutory guidance by writing within the next few weeks to all schools and local authorities to draw their attention to the current guidance and materials that are available to help them deal with this issue and to alert them to the forthcoming consultation on statutory guidelines. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Q3. What specific guidance does DCSF give to education authorities on tackling these issues in schools and how can they be better engaged? Local authorities have a statutory duty under s11 of the Children Act 2004 to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. Local authorities also have a duty to carry out their functions under the Education Acts, with a view to safeguarding and promoting the welfare of children under S175 of the Education Act 2002. We have issued guidance to local authorities and schools on safeguarding, and this guidance contains specific advice on forced marriage. Working Together to Safeguard Children306 issued in April 2006 sets out how organisations and individuals should work together to safeguard and promote the welfare of children. It is addressed to practitioners and front-line managers who have particular responsibilities for safeguarding and promoting the welfare of children, and to senior and operational managers, in organisations that: — are responsible for commissioning or providing services to children, young people, and adults who are parents/carers; and — have a particular responsibility for safeguarding and promoting the welfare of children. It includes, in paragraphs 6.17–6.19, the following guidance on forced marriage: “6.17 A forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor. 6.18 In 2004 the Government’s definition of domestic violence was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently, acts such as forced marriage and other so-called ‘honour crimes’, which can include abduction and homicide, can now come under the definition of domestic violence. Many of these acts are committed against children. The Government’s Forced Marriage Unit produced guidelines, in conjunction with children’s social care and the Department for Education and Skills, on how to identify and support young people threatened by forced marriage. The guidelines are available at www.adss.org.uk/ publications/guidance/marriage.pdf and www.homeoYce.gov.uk/comrace/race/forcedmarriage/ index.html. 6.19 If there are concerns that a child (male or female) is in danger of a forced marriage, local agencies and professionals should contact the Forced Marriage Unit, where experienced caseworkers are able to oVer support and guidance (www.fco.gov.uk or 020 7008 0230).The police and children’s social care should also be contacted. All those involved should bear in mind that mediation as a response to forced marriage can be extremely dangerous. Refusal to go through with a forced marriage has, in the past, been linked to so-called ‘honour crimes’.” Safeguarding Children and Safer Recruitment in Education307 (2006) is our principal safeguarding guidance for schools and other education institutions. In paragraphs 43–47 of Annex A, this guidance says: “43. Forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor. It is an entirely separate issue from arranged marriage, and the two should not be confused. Forced marriage is a human rights abuse and falls within the Crown Prosecution Service definition of domestic violence. Young people at risk of a forced marriage may be experiencing emotional and/or physical abuse at home. 44. The FCO and DfES have produced practical guidance for education professionals, ‘Dealing with Cases of Forced Marriage’, which is available at www.fco.gov.uk. 45. If there are concerns that a child (male or female) is in danger of a forced marriage, schools and FE institutions should contact the Government’s Forced Marriage Unit, where experienced caseworkers are able to oVer support and guidance (www.fco.gov.uk or 020 7008 0230). The police and children’s social care should also be contacted. All those involved should bear in mind that mediation as a response to forced marriage can be extremely dangerous. Refusal to go through with a forced marriage has, in the past, been linked to so-called ‘honour crimes’. 46. The flow chart on page 78 is taken from Young People and Vulnerable Adults facing Forced Marriage: Practice Guidance for Social Workers (www.teachernet.gov.uk/childprotection/ guidance.htm) and shows the steps that are followed in dealing with cases of forced marriage.” Local authorities are statutory partners in Local Safeguarding Children Boards. The LSCB is the key statutory mechanism for agreeing how the relevant organisations in each local area will co-operate to safeguard and promote the welfare of children in that locality, and for ensuring the eVectiveness of what they do. Under the new performance framework outlined in the Local Government White Paper, Local Area Agreements (LAAs) will become the key delivery contract between central and local government and its partners. Local authorities and their partners will have to report back, at least annually, on their performance against the range of 198 cross-Government outcome focussed indicators in the new National

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Indicator Set (NIS). LAAs will include up to 35 improvement targets (plus 16 DCSF statutory targets), all drawn from the NIS. Under the new Comprehensive Area Assessment (CAA) inspection regime, the performance of all areas against all the measures in the National Indicator Set will be published annually. About a dozen of the indicators in the NIS focus on safeguarding. At this stage in the negotiation process, it looks likely that the indicators on repeat incidents of domestic violence and children who have experience bullying will figure as targets in a large number of LAAs.

Q4. Could you send the Ofsted report mentioned by the minister on young people’s attitudes The Ofsted “TellUs” survey and a summary of results is available at: http://www.ofsted.gov.uk/portal/site/Internet/menuitem.455968b0530071c4828a0d8308c08a0c/ ?vgnextoid%69e46c472b6b1110VgnVCM1000003507640aRCRD This survey asked the question “How safe or unsafe from being hurt by other people do you feel?” The results of this question were as follows: Very/Quite Safe Around the local area 74% On public transport 68% Going to and from school 85% In school 85% At home 95%

A bit/very unsafe Around the local area 25% On public transport 27% Going to and from school 13% In school 14% At home 4%

Don’t know Around the local area 2% On public transport 5% Going to and from school 2% In school 1% At home 1% The survey did not look in detail at the reasons children felt safe or unsafe. Prompted by the Committee’s reference to a ‘Sugar’ magazine survey, oYcials have identified several surveys and pieces of research that gauge children’s perceptions to domestic violence and how this impacts on their peer group relationships which may be of further interest to the Committee. We are aware of two “Sugar” magazine surveys. The first in 2005, “Teen Abuse”, reflected young women’s experiences with abusive relationships. This survey was conducted in partnership with the NSPCC as was a follow-up, “Pressure Sex—the Terrifying Truth” conducted in 2005 about young girls’ experiences of being pressured into unwanted sexual contact. This survey was linked to the NSPCC’s “Don’t Hide It” campaign. The findings of the “Sugar” magazine surveys were also reflected in a wider research project “Domestic violence in adolescent relationships—young people in Southwark and their experiences with unhealthy relationships”—Nina Schutt (2006). This project, conducted in the London Borough of Southwark, aimed to contribute to existing knowledge and awareness about adolescent domestic violence. It recommended that adolescent awareness of domestic violence needed to be improved; that service provision for workers with young people needed to incorporate awareness of domestic violence in their work; and, that a larger survey should be conducted to identify specific areas or schools in Southwark that should be targeted with prevention and intervention programmes. The Body Shop, in partnership with Women’s Aid, conducted research as part of their “Stop Violence in the Home” campaign (July 2007) and was aimed at uncovering children’s attitude to domestic violence and what they understand to be acceptable in healthy relationships. The research was carried out amongst a sample base of 1,046 children aged 12–18 years. Among the findings, one in five teens (21%) believed it was acceptable to tell a boyfriend/girlfriend what they should do, with the figure rising to one in four (27%) in young men. A further one in ten thought saying sorry made it all right after they had hurt or forced a partner to do something against their wishes. Women’s Aid described the findings as “worrying”. Research published in 2004 by the National Children’s Bureau on behalf of the Joseph Rowntree Foundation drew together a range of research findings about children’s experiences of living with domestic violence, parental substance abuse or with parental health problems. The findings showed that children were often more aware of problems in the household than parents realised but did not always understand the reasons why; children in households with domestic violence reported witnessing or experiencing violence Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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themselves, sometimes very extreme. Some children, particularly boys would not talk to anyone about this and, in the main, children tended to use informal rather than formal or professional help. However, their most persistent plea was for more age-appropriate information. Two sets of research findings published in “Children and domestic violence: a research overview of the impact on children” (Catherine Humphreys and Audrey Mullender,1999) show particular cause for concern about the attitudes held by boys and young men towards domestic violence. It reviews the impact, interventions and outcomes relating to domestic violence and children and indicates, in particular, that “studies of populations of children and young people reveal a worrying degree of tolerance of violence against women, suggesting that primary prevention work in schools and elsewhere is an important focus for change.” It quotes a survey of 2,039 14–21 year olds in Scotland and North-West England in which almost half the young men and a third of young women envisage circumstances where they thought it would be acceptable for a man to hit a female partner (Burton & Kitzinger, 1998). One in eight young men considered “nagging” as justification for violence and one in five were tolerant of forced sex between partners. The second research project referred toUin this study was supported by the Economic and Social Research Council “Children 5–16 Programme” (Mullender et al, 2000). It asked 1,395 8–16 year olds in three contrasting areas of England what they thought about domestic violence. At all ages, boys were less clear than girls as to who was at fault in incidents where a man was violent towards a woman and were more likely to excuse the perpetrator. Boys’ attitudes began to diverge from girls around age 13; by age 15–16, 78% of girls against 56% of boys saw the man as solely responsible for his own violence in a scenario described to them in a questionnaire. More boys than girls at all ages believed some women deserved to be hit and over three-quarters of 11–12 year olds boys thought that women got hit if they made men angry.

Q5. What is the current consultation underway of the Children’s Plan, when is this expected to conclude, and what do you expect the outcomes to be in relation specifically on DV and FM? The Children’s Plan was published in December 2007 following a national consultation. It sets out plans for the next 10 years under each of the Department for Children, Schools and Families’ strategic objectives. One announcement in the Children’s Plan was our intention to review the delivery of sex and relationships education (SRE) in schools. The external steering group appointed to oversee the review met for the first time on 4 March 2008. Following a further meeting in May, the expectation is that the group will have its final meeting in July, at which it will finalise its recommendations on how best to improve the delivery of SRE in schools. The review will consider: — how schools can best utilise external professionals to support the delivery of SRE in the classroom; — how the SRE provided by schools can reflect the views of and complement and support the role of parents; and — the role of schools in referring young people to specialist advice and support.

Q6. What specific mandatory training do teachers receive in domestic violence—does it include how to pick up the signs of domestic abuse, and what options do they have for referral if they suspect abuse? All teachers must meet professional standards as set out in the Training and Development Agency’s “Professional Standards for Teachers”. The standards clarify the professional characteristics that a teacher should be expected to maintain and to build on at their current career stage. After the induction year, therefore, teachers would be expected to continue to meet the core standards and to broaden and deepen their professional attributes, knowledge, understanding and skills within that context. To be recommended for Qualified Teacher Status, the standards include Q21 which says: “(a) Be aware of the current legal requirements, national policies and guidance on the safeguarding and promotion of the well-being of children and young people. (b) Know how to identify and support children and young people whose progress, development or well-being is aVected by changes or diYculties in their personal circumstances, and when to refer them to colleagues for specialist support.” The Core standards for all qualified teachers include the following on health and well-being: “C22. Know the current legal requirements, national policies and guidance on the safeguarding and promotion of the well-being of children and young people. C23. Know the local arrangements concerning the safeguarding of children and young people. C24. Know how to identify potential child abuse or neglect and follow safeguarding procedures. C25. Know how to identify and support children and young people whose progress, development or well-being is aVected by changes or diYculties in their personal circumstances, and when to refer them to colleagues for specialist support.” Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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To pass the threshold, teachers should meet the core standards, plus the following post-threshold standard on health and well-being: “P6. Have suYcient depth of knowledge and experience to be able to give advice on the development and well-being of children and young people.” As part of performance managements arrangements for teachers, review meetings should consider the standards which apply to the teacher’s current career stage and those to which they might progress, and identify what professional development might help them develop their practice further. The Government’s inter-agency guide to safeguarding and promoting the welfare of children, Working Together to Safeguard Children (April 2006), states that all staV involved in working with children should attend training in safeguarding and promoting the welfare of children, and should have regular updates. It is part of the role of LSCBs to ensure that training is available. Safeguarding Children and Safer Recruitment in Education also says that local authorities are responsible for: ensuring that maintained schools are aware of their responsibilities for safeguarding children; monitoring their performance; making available appropriate training, model policies and procedures; providing advice and support; and facilitating links and cooperation with other agencies. Local authorities will normally extend these functions to any non-maintained special schools in their area. The same guidance says that Governing Bodies of maintained schools should ensure that: — in addition to basic child protection training the designated person undertakes training in inter- agency working that is provided by, or to standards agreed by, the LSCB, and refresher training at two yearly intervals to keep his or her knowledge and skills up to date; and — the head teacher, and all other staV who work with children, undertake appropriate training to equip them to carry out their responsibilities for child protection eVectively, that is kept up to date by refresher training at three yearly intervals, and temporary staV and volunteers who work with children are made aware of the school’s arrangements for child protection and their responsibilities. We are continuing to work with social partners to deliver a new teacher professionalism in which all teachers are engaged in ongoing professional development that reflects their individual needs and circumstances and the school’s priorities. Funding for teachers’ professional development goes directly to schools which enables them to take decisions about what professional development best meets their and their teachers’ needs, this would not preclude a school from choosing to pursue training on domestic violence should this be identified as a key part of the schools professional development. The planned letter from DCSF Ministers to schools and local authorities, as mentioned in the response to Q2 above, will recommend that training on child protection, including the issues of forced marriage and domestic violence, should be considered when schools are planning their next INSET days.

Q7. Please could you send the full figures promised by the minister in relation to children missing from schools as enquired into by GOs. Could you please include: — Figures collected by GOs in 14 areas, and any explanation of those figures. — A short explanation of which figures are (as of last year) collected at a local level. — A note on what specific action you plan to introduce (working with FMU) to reflect these statistics at a national level. — Any relevant information from the school census (specifically mentioned by the minister).

The basis of the data collection The Education and Inspections Act 2006 put a duty on local authorities to make arrangements to establish (so far as it is possible to do so) the identities of children residing in their area who are not receiving a suitable education. The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision). Statutory guidance was issued in February 2007 to local authorities on how to undertake the duty.308 This explains the duty: “1.2.1 This document is issued under the new section 436A (inserted before section 437 in Chapter 2, Part 6 of the Education Act 1996 (school attendance) by the Education and Inspections Act 2006), which provides that local authorities must have regard to statutory guidance issued by the

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Secretary of State. This document provides that statutory guidance and applies to England only. Local authorities in England must take this guidance into account and, if they decide to depart from it, have clear reasons for doing so. 1.2.2 The new section 436A requires all local authorities to make arrangements to enable them to establish (so far as it is possible to do so) the identities of children residing in their area who are not receiving a suitable education. 1.2.3 This new section also includes the definition that “suitable education”, in relation to a child, means eYcient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have. 1.2.4 The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision).” The statutory guidance highlights the vulnerable groups of children who could be more at risk of not receiving education and provides questions to help local authorities identify when police involvement could be necessary. It also provides a practical model of process steps that will help to ensure proactive assessment of risk factors and that all appropriate steps are taken to make reasonable enquiries about children identified as missing from education, and more information on this is set out below. Some of these children will be notified to local authorities by schools, which have a complementary statutory duty to inform their local authority of any pupil with irregular attendance or who has amassed 10 continuous school days of unauthorised absence. We expect schools to take action to address the underlying causes of the absence and involve other appropriateUagencies, such as local authority children’s services and the police, particularly when they are concerned about the safety of a pupil. The guidance on monitoring pupils’ attendance “Keeping Pupil Registers” has references and electronic links to guidance on children missing from education and forced marriages. The requirement to establish the identities of children not receiving education was not intended to feed a national data collection. Rather it was designed to ensure that local authorities had the right processes in place to deal with and follow up the cases of all children in this category. There will be more scope for a clearer national level view of this issue when ContactPoint is in place. ContactPoint will help local authorities discharge the new duty by recording the place where a child is being educated, where that is known. Where it is known that a child is being educated at home, that would also be recorded.

Monitoring of the duty to establish the identities of children not receiving a suitable education The guidance makes it clear that this duty will be monitored as part of the judgements made by Ofsted on staying safe, where evidence is assessed on the eVectiveness of services in establishing the identity and whereabouts of all children and young people 0-16 against the following criteria: — there are secure procedures and monitoring systems for ensuring that all children and young people 0–16 are known to the health and education services; — targeted services bring children and young people who they support to the attention of the education department when the children and young people are not attending education or training; and — there are secure arrangements for sharing information when children and young people 0–16 move across areas, including unknown destinations.

Figures collected by DCSF In the context of the duty to make arrangements to identify children not receiving a suitable education, we asked, via Government OYces, the 14 local authorities where we had requested information about the handling of forced marriage to give us the current or most recent available number of children listed as not receiving a suitable education. The figures for children not receiving a suitable education are made up of children that have come to the local authority’s attention in diVerent ways—for example, some are children who are not at school because their parents have not yet taken up a school place; some are children being educated at home, where the local authority is not satisfied with the standard of the education; some are children notified to the local authority by schools because the children have been continually absent from school. Of the totals some may be “missing” in the sense that they are not at their previously known address, but this may be just because the family has moved without giving forward contact details, and their previous school and authority have not yet found out where they have moved to. We received information from the following authorities which provided total figures for children identified as not being in receipt of a suitable education. Birmingham reported 250 children in the category of children not receiving a suitable education as defined in the statutory guidance. Blackburn with Darwen Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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reported 6. Bristol reported 155. Derby reported 121. Lancashire reported 149. Leeds reported 520. Leicester reported 294. Luton reported 66. Manchester reported 385. Middlesbrough reported 23. Newham reported 40. Tower Hamlets reported 16. Waltham Forest reported 31. This shows a good deal of variation in the data, and some figures may appear to be rather high. We will ask Government OYces to follow up with local authorities the larger figures of children reported as not receiving education. However, it is important to be clear what these figures refer to. These are children who are judged by the local authority to be not receiving a suitable education. They include: — Children who are resident in the local area but are not presently undertaking education. These could include children who have not yet been registered in schools on reaching compulsory school age and children who have not gained a place at their parents’ preferred school and are being kept away from school altogether. Local authorities should take action on these children, including if necessary legal action, which involves them returning to education. — Children who are being educated at home, where the local authority does not judge that education to be of a suYcient standard. Here the local authority should take action to ensure that they do receive a suitable education. — Children who have been notified to the local authority by schools because they have not been attending school. These may include children who are on extended periods of leave. It will include a number of children of families that have moved away without giving details of their destination to the school, and who the local authority has not yet managed to trace to another part of the country using one of various mechanisms. Many pupils will be on these lists temporarily and will be removed when it is found that they have registered with a school elsewhere. The information supplied by local authorities also highlighted examples of good practice, such as in Birmingham where publicity leaflets, in English and other community languages, have been widely distributed to partner agencies and services to alert professionals and members of the public to children missing education. The Select Committee also asked about data from the schools census. In fact this does not help us to identify numbers of children missing and possibly at risk, because there is a constant flow of children into and out of the state schools sector, on which the data is based.

Action by local authorities While there is no evidence that large numbers of children who are not receiving a suitable education are at risk of harm, there may of course be some children who fall into this category. Local authorities pursue this and take action where they do have concerns about a child, including child protection action, involvement of the police, and involvement of the Forced Marriage Unit where appropriate. This is made clear in the guidance on children not receiving a suitable education which says: “2.3.1 Although the subject of this guidance is about children not receiving education, there may be occasions when a child identified as such may have been the victim of a crime. Considering the following questions could help identify episodes when police involvement may be necessary: 2.3.2 Have there been suspicions in the past concerning this child and family which together with the sudden disappearance are worrying? 2.3.3 Have there been any past concerns about the child associating with significantly older young people or adults? 2.3.4 Was there a significant incident prior to the child’s unexplained absence? 2.3.5 Is there a good reason to believe that the child’s absence may be the result of them being the victim of a crime? The following questions could assist a judgement: — Is this very sudden and unexpected behaviour? — Has the child/young person gone missing with their family? — Has the child/young person gone missing without their family? — Is there any health, religious or cultural reason to believe that the child/young person is at risk of harm? (Department for Education and Skills/Foreign OYce joint guidance on forced marriages can be found at: http://www.teachernet.gov.uk/wholeschool/familyandcommunity/childprotection/ usefulinformation/typesofabuse/forced marriage/) 2.3.6 If the answer to any of the above questions is yes then a referral to the police should be made—local procedures should be followed. The appropriate Education Welfare Service and/or local authority designated person as agreed locally should be informed.” We asked the local authorities about the involvement of the police in cases. The majority of local authorities reported that the police are involved in tracking or in monitoring some of the children concerned, and in some cases a substantial number of referrals were reported though the returns did not give us Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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comprehensive data on this. We also asked about referrals to the Forced Marriage Unit. According to the local authority information provided to us, none of the children referred to in these returns were currently being looked at by the Forced Marriage Unit. One authority mentioned a very recent case of alleged forced marriage where the young person was now being looked after—this did not arise from the children not being in suitable education. It is of course important to underline that the duty on local authorities in respect of children not receiving a suitable education potentially supports the identification of forced marriage issues but it is not intended as the primary mechanism to identify children who may be at risk of or be victims of forced marriage. More reliable identifications and better referral and intervention are more likely to come from a constant awareness by schools, local authorities, health, police and other partners of the risk of forced marriage and the danger signs, and through awareness raising among children and young people themselves, building on the good practice identified in some local areas by this exercise. We will continue to look, with the Forced Marriage Unit, local authorities, and schools representatives, at how we can improve the performance of the system in this regard. We will also continue to reiterate to local authorities the need to act on any of the cues or indicators of possible harm to children. We are looking at next steps in monitoring the delivery of the duty on children not receiving education and how we might check that there has been an eVective link made with systems for safeguarding children. Ofsted have now been asked to provide their view of how well this new duty is being implemented. Following advice from Ofsted, the Department will work with local authorities to share best practice and lessons that can be learnt about putting in place more eVective mechanisms.

Q8. In how many instances have schools/education authorities actually reported children missing? As mentioned above, we asked the 14 local authorities about the involvement of the police in cases. The majority of local authorities reported that the police are involved in tracking or in monitoring some of the children concerned, and in some cases a substantial number of referrals were reported though the returns did not give us comprehensive data on this. DCSF 11 March 2008

APPENDIX 67

Letter from Iain Wright MP, Parliamentary Under-Secretary of State for the Department for Communities and Local Government

Domestic Violence and Supporting People Following my appearance before your Committee on 4 March, I am writing with regard to the Committee’s concerns about the impact of the changes to the Supporting People programme on BME women’s services and specifically the Southall Black Sisters in Ealing. I will write again shortly to address the additional points on which you requested a note. The Supporting People programme was introduced in 2003 to create a coherent funding and policy context for the provision of housing-related support to the most vulnerable in society. Local authorities, rather than central government, determine how they focus their Supporting People funding, based on the needs and priorities identified in their five year Supporting People Strategies. In June 2007 we published Independence and Opportunity: Our Strategy for Supporting People. The strategy made clear our commitment to enhancing our partnership with the Third Sector. In December 2007 we announced the first three year funding settlement for the programme, and made clear our expectation that authorities should pass this certainty of funding to service providers through their contracting arrangements. The evidence we have from Local Authorities overall concerning their investment of Supporting People in domestic violence services is a positive one. They are spending more of their Supporting People funding on Domestic Violence services, some £61,645,319 in 2006–07 compared to £59,333,258 in 2005–06. More services overall are also being funded; the number of services for women at risk of domestic violence has risen from 579 in 2005–06 to 613 in 2006–07, and the number of units of support available increased from 7,578 to 8,660. This evidence also demonstrates that the proportion of BME women accessing Supporting People funded services has increased from 26.7% in 2003–04 to 28.9% in 2006–07. Within this overall picture of increasing investment, there may be authorities where this is not the case; this is for local authorities to determine in conjunction with their Commissioning Bodies. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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With specific regard to the Southall Black Sisters, I understand that they have never received funding from the Ealing Supporting People programme, so I would like to correct the assertion that funding under Supporting People programme has been withdrawn from the group. I understand that as set out in Councillor Jason Stacey’s letter to you of 27 February Ealing Council are pursuing a three year commissioning process for their grant funding of Domestic Violence service provision in the borough and that Southall Black Sisters’ bid will be assessed by an independent panel alongside others. This is not connected to the Supporting People programme or its commissioning basis. The local authority commissioning role is one in which they seek to secure the best outcomes for their local communities by making use of all available resources—user and community engagement and needs analysis. It is therefore ultimately for the local authority to decide who it commissions for a given service. However, authorities are encouraged not to base their criteria of success on a service that can demonstrate “value for money” in strict cost terms but those that provide best value which assesses quality as well as cost. Authorities should seek to achieve to achieve a balance between competing pressures—that is to seek to secure the best outcomes for their local communities notwithstanding the fact that it may not necessarily be the most cost eVective route. As a general rule we do not encourage a “single provider” approach as local authorities should recognise and embrace diversity in the ways services are provided, with the focus on desired outcomes. While local authorities have discretion over how individual services are to be provided, best value is more likely to be achieved where there is a positive approach to achieving a mixed economy, rather than where any one supplier dominates the provision of services in an area. In this case Ealing has to decide whether a single service provider can adequately cater for specific domestic violence services for black and minority women and if not whether to commission the service to several providers that will be able to cater for the various wider cultural needs. Local authorities should represent the interests of citizens, service users and their communities by adopting practices that are fair and open and ensure they are able to support providers by looking to provide longer-term stability of funding and contracting to enable more eYcient planning by service providers. As I mentioned to the committee we have funded umbrella organisations including the Housing Association Charitable Trust (HACT) to the tune of £500,000 specifically to develop the capacity of smaller third sector organizations providing Supporting People services to compete eVectively through developing consortia and partnership models. On the wider point regarding Community Cohesion, following the report of the Commission on Integration and Cohesion (chaired by Darra Singh, Chief Executive of Ealing Council) which was published in June 2007, the Government published its full response on 4 February. Alongside that full response was a consultation on cohesion guidance for funders, which was prompted by recommendation 56 of the Commission on what it termed ‘Single Group Funding’; the consultation paper published by CLG was aimed at raising awareness amongst funders, principally local authorities, of the value of using the funding role to promote cohesion by supporting opportunities for people from diVerent backgrounds to meet together. In the foreword to the Consultation Paper Hazel Blears states that “the outcome of this process should not be a loss of services targeting particular communities”. In the body of the paper itself the first suggested guiding principle is that “there is a clear link between equality and cohesion and we recognise the need for work with particular groups to tackle evidenced need amongst particular communities or groups experiencing inequalities.” The consultation document goes on to state “. . . it should not be taken to place any barriers in the way of support for particular groups where cohesion is not a relevant issue: for example, single group work with victims of domestic violence would not be an area where there should be an expectation of or preference for bridging activities.” (Cohesion Guidance for Funders Consultation, para. 11, page 9.). We will ensure that whatever our final approach to this issue, following the conclusion of the consultation, it is in line with our approach of encouraging procurement processes which allow a diverse range of providers to tender for services as set out in the National Procurement Strategy and the Small Business Friendly Concordat, and that it does not place requirements on organisations which are diYcult for smaller providers to meet. The Committee may wish to note that the consultation closes on 26 May 2008. Finally, I feel I must correct two inaccuracies in the statements made by the Committee at the session last week. First, Margaret Moran stated that Supporting People funding in Scotland is “ringfenced”; that is not the case. The ring-fence in Scotland is to be removed eVective from April 2008. In England the funding is currently ringfenced. We have committed to assess the impact of removing the ringfence through a pathfinder exercise in 15 local authorities before making any decision regarding our ambition to fund Housing Support via Area Based Grant from April 2009. Secondly, with regard to women with no Recourse to Public Funds, I should make clear these women can receive services funded by Supporting People grant. Funding is not tied to bricks and mortar ⁄ so support can be provided to vulnerable people in refuges, hostels, and supported accommodation or in their own home. However, Supporting People cannot be used to pay rent, or income support and eligibility for these benefits are a matter for the Department of Work and Pensions. The Government is working to address these concerns, not least through the Inter Ministerial Group on Human TraYcking on which Baroness Andrews sits on behalf of our Department. Additionally, as I am sure the Committee will be aware, on 6 March the Home Secretary announced a new scheme where victims of domestic violence who have no recourse to Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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public funds will be eligible to get support for their housing costs. Under the new scheme victims of domestic violence whose applications for Indefinite Leave to Remain are successful may qualify for a one-oV payment to cover these costs. The proposals under the new scheme will strengthen the way in which domestic violence cases are considered enabling those victims who are vulnerable to access additional support. I understand that further details on this programme of work will be available in the spring. I hope this is useful to the Committee. 10 March 2008

APPENDIX 68

Letter from Iain Wright MP, Parliamentary Under-Secretary of State for the Department for the Communities and Local Government

Domestic Violence and Homelessness I would like to thank the Committee for giving me the opportunity to set out the positive work my Department is doing to tackle domestic violence. Following my appearance before you on 4 March, you raised a number of further questions and I wrote to you on 11 March responding to the Committee’s concerns regarding Supporting People funding and the potential impact upon domestic violence services. This correspondence sets out my reply to your other questions. I take the issue of domestic violence extremely seriously and recognise that accommodation can play an important role in resolving the problem and providing safety and security for the victims. Our pioneering approach to homelessness prevention looked at the main causes of homelessness; domestic violence was one of these. Our subsequent work set about tackling this issue. For example, we strengthened the homelessness legislation in England in 2002 by extending priority need for accommodation to people vulnerable because they were fleeing violence. Firstly, you asked about the homelessness grant to local authorities and whether this is ring-fenced for domestic violence services, and if not how we can we be sure it will be used for domestic violence services. My Department will invest £200 million over the next three years in homelessness prevention: £150 million to local authorities, and a further £50 million to voluntary sector partners. In line with the principles set out in the Local Government White Paper, this money is not ring fenced for specific purposes such as domestic violence services. The challenges we face on the ground are too complex and the needs often too local, for all solutions to be imposed from the centre. We are making it easier for local government to focus on improvement and respond to rapidly changing circumstances, diverse local need and that is why we allow them this type of flexibility. We know that a significant proportion of this money is used to help prevent victims of domestic violence becoming homeless. Over the past few years we have seen an increase in the implementation of Sanctuary Schemes across the country. In 2005 a survey showed that 120 local authorities already had a Sanctuary Scheme in place. A follow up survey in 2007 found that 171 local authorities were operating Sanctuary Schemes and a further 90 were planning to introduce them. Other homelessness prevention measures also benefit victims of domestic violence, including rent deposit schemes, use of Discretionary Housing Benefit Payments, early warning systems with housing providers, active referrals to floating support, and private sector coordination. Part of the homelessness prevention grant paid to the voluntary and community sector also funds the important work carried out by Women’s Aid and Refuge who deliver, in partnership, UKRefugesonline (UKROL). This is a UK wide database of domestic violence services and refuge vacancies. They also produce the Gold Book “A Guide to refuge and domestic abuse services” every two years which is an invaluable resource for those working with survivors of domestic abuse. In this financial year we have been able to move away from the insecurity of year on year funding for UKROL and have provided three year indicative funding of £400,000 from 2008–09 to 2010–11. We also funded the establishment of the national 24 free phone domestic violence helpline investing £1.4 million and levering in a further £1 million of Comic Relief funding. The homelessness prevention grant is only one part of the support we oVer to victims of domestic violence. Our early work on homelessness prevention concluded that refuge provision could be strengthened as could its quality. That is why we, together with the Housing Corporation, provided £34 million between 2003–06 under the Women Fleeing Domestic Violence programme to build and refurbish 511 units. Since then in the Housing Corporation’s AVordable Housing Programme for 2006–08 over £17 million was allocated for accommodation for women at risk of domestic violence. This funding will provide 153 units of housing. Recently initial allocations for the Corporation’s 2008–11 AVordable Housing Programme showed that a further £6 million had been provided for 113 rented units. CLG’s own Hostels Capital Improvement Programme (2005–08) allocated £4 million to fund six refuges. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Capital funding needs revenue support, so that is why we continue to fund housing related domestic violence services through our Supporting People programme. Local authorities determine how they focus their Supporting People funding, based on the needs and priorities identified in their five year Supporting People Strategies. The evidence we have from local authorities overall concerning their investment of Supporting People in domestic violence services is a positive one. They are spending more of their Supporting People funding on domestic violence services, some £61.6 million in 2006–07 compared to £59.3 million in 2005–06. More services overall are also being funded; the number of services for women at risk of domestic violence has risen from 579 in 2005–06 to 613 in 2006–07, and the number of units of support available increased from 7,578 to 8,660. Secondly, you asked for more information around the evaluation of Sanctuary Schemes in Harrow and Barnet and any other areas. This is provided at Annex A, and shows high levels of client satisfaction. Thirdly, you asked about our plans for commissioning research to evaluate Sanctuary Schemes. While we already have useful information about the impact of the schemes in some areas, we are keen to see more comprehensive, independent evaluation. Planning is at an early stage and the precise scope for the research has not yet been finalised. To do this properly we would like to invite key stakeholders to be involved and ensure that, where possible, the research addresses their concerns and that it is as robust as possible. We anticipate that the research would be likely to assess for example: — how many schemes there are across the country and who operates them; — what were the most common adaptations; — how many “Sanctuaries” have been installed; — how many people asked for them and who has been helped (male/female); — what other measures were used in conjunction with the Sanctuary Scheme (eg prosecution, non- molestation orders); — how eVective they are; — how safe the users feel; and — what are the benefits as far as the users are concerned and what are the cost/savings? Fourthly, you asked me to expand on the information we collect about homeless acceptances and which groups access social housing. This is provided at Annex B, together with a summary of how the legislation works. Fifthly, you asked how we can make sure available accommodation meets the needs of those on the ground, and whether we consider there is a shortfall in funding for refuges and other types of accommodation for women fleeing domestic violence. We are investing in more social housing and support overall, including more family homes. Our ambition is to build an additional 3 million homes by 2020 along with the necessary supporting infrastructure such as schools, to support this housing growth. We are increasing outputs of new aVordable housing to at least 70,000 by 2010–11 of which 45,000 will be for new social rented homes, 50% more than 2007–08. Our goal is to go further in subsequent years to reach 50,000 new social homes per annum in the next spending review period. We will also be delivering 25,000 homes a year for low cost home ownership. The Housing Green Paper “Homes for the future: more aVordable, more sustainable” called on local authorities to play a stronger role in addressing the housing needs of all residents as part of their place shaping role. As part of this, authorities are expected to assess and plan for the current and future housing needs of all local people, including vulnerable people such as victims of domestic violence. Decisions around the provision of refuge spaces are a local matter and it is the responsibility of the individual local authority to identify any gaps in service provision and put in place appropriate solutions to address this. We would expect local authorities to build services based on the needs of their communities, taking account of locally available data sources. The research that we plan to commission, as mentioned above, is also expected to look at the provision of refuge places across the country. This will help establish how many bed spaces are available for those fleeing domestic abuse. Finally, you asked whether we had given any thought to radical measures to tackle domestic violence, for example, provision of limited housing for perpetrators who have no independent means, to enable them to be removed from the home (rather than the women/children). We already provide housing advice to all members of the community regardless of whether they are eligible for homelessness assistance. It could be argued that by committing domestic violence, the perpetrator would make themselves intentionally homeless and would not, therefore, be eligible for housing assistance. However, this would not prevent housing providers oVering housing advice which could well help them find alternative accommodation away from the family home, for example in the private rented sector. Our overall approach to homelessness prevention encourages innovation at local level. When promising new models—such as Sanctuary Schemes—are developed, we aim to spread that good practice, in particular through the work of our regional homelessness advisors. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 405

I hope that you find this information useful and once again I’d like to thank the Committee for giving me the opportunity to provide evidence on this important issue. Ian Wright

Annex A The statistics Harrow and Barnet provided prior to the publication of the “Options for Setting Up a Sanctuary Scheme” guidance (December 2006) were included within the guidance itself. They showed that: In Harrow, where the scheme began, over 250 Sanctuaries have been installed with an 80% completion rate compared to referrals. Of the referrals not carried out, half were cancelled by the Police Crime Reduction Team who visited the property and either did not consider that it could be made safe or were not able to proceed due to the scope of the work. The other half were cases where the victim did not want the work to be carried out. In Barnet during 2004–05: — 45 sanctuaries approved, with 40 having been completed. This means 40 families have been made safe from domestic violence and prevented from becoming homeless. — This has resulted in a more than 40% reduction in families fleeing domestic violence having to go into temporary accommodation last year. — Had the 40 cases mentioned above been taken into temporary accommodation and remained there for a year it would have cost £669,760 per year to house them. — The total costs for the project for 2004–05 amounted to £68,461, which means the project has saved £601,299 in aborted temporary accommodation costs.

Client Satisfaction Survey Results

Following security installation, all clients are asked to complete a feedback questionnaire, allowing them to comment on various aspects of the service. — 100% of clients were very satisfied or satisfied with the service provided by the Crime Prevention OYcer. — 100% of clients were very satisfied or satisfied with the service provided by the Domestic Violence Support Service. — 85% of clients were very satisfied or satisfied with the service provided by the specialist contractor Pinner Locks. — 95% of clients were very satisfied or satisfied with the overall service provided by the Barnet Sanctuary Project. — 90% of clients were very satisfied or satisfied that they felt safer in their home following installation of the security works.

Nottingham The Nottingham City Sanctuary Scheme has been in operation for approximately a year and they have had extremely positive feedback. In October 2007, they carried out a full evaluation of the scheme to test whether there was a need for the scheme and whether it was delivering on its aims. As the report was written in October, the figures have changed. To date they have received 152 referrals and had 40 installations. There are several other applications, at diVerent stages, being processed.

Westminster During this financial year 2007–08 and to date, there have been 43 referrals to the Sanctuary Scheme. During the last financial year 2006–07 (the first year the scheme was up and running), there were 32 referrals. This makes a total for the two years of 75 referrals. That the scheme has taken more referrals this financial year indicates greater awareness of the scheme. Every client the Woman’s Trust Advocacy Service sees, whose reside in Westminster, is given the Sanctuary Scheme as an option depending on their circumstances. Woman’s Trust case manages these referrals and supports the clients around any other issues they may have as a result of them experiencing domestic violence. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 406 Home Affairs Committee: Evidence

The following are quotes from client’s who have received the Sanctuary Scheme works and have kindly given permission for their feedback to be used in the public arena: “All feeling very secure—it’s a wonderful feeling. Thanks”. “I found the process from referral to completion very satisfactory and professional. Thank you for all your time and eVort you put into this”. “I now feel very safe and secure in our home and it is a wonderful feeling that words can not describe. I can not thank you enough for making this all possible”.

Redcar and Cleveland Borough Council Scheme set up in Jan 2007. There have been 86 referrals, one left because of further DV, one left for other reasons. 55–60 people have been helped and they carry out a lot of follow up work with close check ups. The scheme is well advertised with referrals from homelessness units, the Police, DV organisations etc.

Sheffield Since July 2006 when the sanctuary scheme started they have received 136 referral forms from various agencies. Of the 136 received 87 were progressed, the remaining 49 referrals were not progressed for a variety of reasons including choosing to be re-housed, property not suitable, change of mind, owner occupier or joint occupants. Out of the 87 referral forms progressed, 19 have ended with full sanctuary rooms, the remainder have had works carried out such as extra locks on doors, change of locks, new front and back doors, window/door alarms, mobile phone, anti arson letter box and external solar lights. The reason for properties not having full sanctuary rooms installed is mainly due to stud-partitioned walls. The amount of referrals received and the amount of referrals progressed in year 2 (from April 2007) has increased greatly since year 1, suggesting that there is greater awareness of the sanctuary scheme has and that secondly they are receiving more appropriate referrals. They have received 16 customer satisfaction questionnaires from clients. All of the clients’ comments have been exceptionally positive; nearly all boxes are ticked to say they were very happy with the service with a very small minority ticking happy, no clients have ticked below happy. The questionnaire has yes/no boxes, all of the yes boxes have been ticked with some questionnaires having positive comments left, no client has ticked the “no” or “neither” box. One client has emailed her thanks: “Just writing to let you know that both doors have new replacement locks. It feels like an enormous relief. Please accept my heartfelt thanks for arranging this. It has meant that we do not have to move house again and this means a lot”.

Newcastle under Lyme Statistics collected from the Evaluation Surveys sent to clients in receipt of a Sanctuary Scheme show: — 90% of respondents said they felt more secure in their properties following the work. — 60% of respondents rated the scheme as excellent. — 20% of respondents rated the scheme as good. — 10% of respondents rated the scheme as satisfactory. Research connected to BVPI 213 (repeat homelessness) shows that all cases who had work carried out by the Scheme have maintained their accommodation for at least six months. Three people have moved properties at 16 months, 12 months and 8 months respectively after having Sanctuary work carried out. — 90% of sanctuary work was carried out to tenants of RSLs. — 5% were owner occupiers; and — 5% rented from a private landlord. — 4 cases were completed in 2005–2006 (Scheme commenced November 2005). — 21 cases were completed in 2006–07. — 11 cases have been completed during 2007–08 with another six in the process. The average cost per case is £1,833 (2007–08). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 407

Annex B Under the homelessness legislation, local housing authorities must consider all applications made to them for accommodation or assistance in obtaining accommodation. If an authority consider they have reason to believe that an applicant may be homeless or likely to become homeless within 28 days, they must make inquiries to determine whether the applicant is eligible for assistance and whether any duty is owed to the applicant under the homelessness legislation. If the authority have reason to believe the applicant may be homeless, eligible for assistance and fall within a priority need group, they also have an interim duty to secure suitable accommodation until they have finished their inquiries and decided whether any duty is owed. If the authority decide that the applicant is eligible for assistance, unintentionally homeless and falls within a priority need group, they have a duty to secure suitable accommodation until a settled home becomes available (the “main homelessness duty”). In most cases, applicants are initially provided with temporary accommodation, and in around 70% of cases the main homelessness duty is ultimately brought to an end with an oVer of social housing allocated through the housing register. Certain categories of persons from abroad are ineligible for homelessness assistance (except advice and information, which must be made available free of charge to everyone in the district). The priority need categories include, among others, applicants whose household includes a child or a pregnant woman and applicants who are vulnerable in some way, including as a result of leaving their home because of violence. Communities and Local Government’s primary source of data on statutorily homeless households is the quarterly P1E return titled Local Authority activity under homelessness provisions of the 1996 Housing Act. Completion of these returns is not mandatory for LAs but the final response rate is currently around 95%. There are four tables of data that would be the most relevant and these are attached. — Table 626 shows the number and percentage of homeless households in priority need accepted by local authorities, by Ethnicity. — Table 632: shows the number of homeless households accepted by local authorities, by Priority Need category. — Table 633: show the number of homeless households accepted by local authorities, by Reason for Loss of Last settled Home. — Table 637: shows the number of decisions taken by local authorities under the 1996 Housing Act on applications from eligible households. Registered Social Landlords also grant social tenancies and they also record the numbers of people granted new lettings and for what reason (via COntinuous REcording). In 2006–07, 6.2% of Registered Social landlord lettings were made to tenants who reported the reason they left their last settled home was domestic violence (Source: RSL CORE). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 408 Home Affairs Committee: Evidence

Annex C

Table 626

STATUTORY HOMELESSNESS: HOMELESS HOUSEHOLDS IN PRIORITY NEED ACCEPTED1 BY LOCAL AUTHORITIES, BY ETHNICITY

White African/Caribbean Indian/Pakistani/ Other Ethnic Origin Total Bangladeshi Ethnic Origin Not Known households Accepted Percentage Percentage Percentage Percentage Percentage in England Number of total Number of total Number of total Number of total Number of total

1997 102,000 78,100 77% 6,930 7% 4,790 5% 5,170 5% 7,040 7% 1998 104,630 78,980 75% 7,070 7% 5,100 5% 6,190 6% 7,310 7% 1999 105,370 77,630 74% 7,600 7% 5,550 5% 7,100 7% 7,530 7% 2000 111,340 82,080 74% 8,990 8% 6,120 5% 6,870 6% 7,300 7% 2001 117,830 84,450 72% 10,350 9% 6,810 6% 7,910 7% 8,330 7% 2002 123,840 87,100 70% 11,620 9% 6,840 6% 9,440 8% 8,850 7% 2003 135,590 97,620 72% 13,050 10% 7,070 5% 9,760 7% 8,090 6% 2004 127,760 93,730 73% 12,990 10% 7,010 5% 7,360 6% 6,670 5% 2005 100,170 74,460 74% 10,330 10% 5,290 5% 5,110 5% 4,970 5% 2006 P 76,860 57,050 74% 7,780 10% 4,330 6% 3,890 5% 3,820 5% 1997–98 102,430 78,180 76% 7,050 7% 4,690 5% 5,470 5% 7,070 7% 1998–99 104,260 78,260 75% 7,100 7% 5,280 5% 6,440 6% 7,200 7% 1999–2000 105,580 77,950 74% 7,690 7% 5,470 5% 6,820 6% 7,680 7% 2000–01 114,670 83,820 73% 9,860 9% 6,430 6% 7,500 7% 7,080 6% 2001–02 116,660 83,040 71% 10,040 9% 6,810 6% 7,790 7% 9,010 8% 2002–03 128,540 90,920 71% 12,490 10% 7,000 5% 9,850 8% 8,290 6% 2003–04 135,430 98,070 72% 12,960 10% 7,020 5% 9,440 7% 7,930 6% 2004–05 120,860 89,180 74% 12,430 10% 6,570 5% 6,500 5% 6,170 5% 2005–06 93,980 69,320 74% 9,960 11% 5,190 6% 4,880 5% 4,640 5% 2006–07 P 73,360 54,370 74% 7,250 10% 4,130 6% 3,730 5% 3,880 5% 1997 Q1 26,850 20,690 77% 1,670 6% 1,290 5% 1,240 5% 1,970 7% Q2 24,260 19,060 79% 1,380 6% 1,130 5% 1,240 5% 1,460 6% Q3 26,260 19,980 76% 1,870 7% 1,210 5% 1,400 5% 1,810 7% Q4 24,630 18,370 75% 2,010 8% 1,160 5% 1,290 5% 1,800 7% 1998 Q1 27,280 20,770 76% 1,790 7% 1,190 4% 1,540 6% 2,000 7% Q2 25,590 19,450 76% 1,680 7% 1,180 5% 1,320 5% 1,970 8% Q3 26,870 20,370 76% 1,760 7% 1,360 5% 1,600 6% 1,780 7% Q4 24,890 18,390 74% 1,840 7% 1,370 6% 1,730 7% 1,560 6% 1999 Q1 26,910 20,050 75% 1,820 7% 1,370 5% 1,790 7% 1,890 7% Q2 25,970 19,190 74% 1,840 7% 1,250 5% 1,720 7% 1,980 8% Q3 28,020 20,670 74% 2,040 7% 1,510 5% 1,900 7% 1,910 7% Q4 24,470 17,720 72% 1,900 8% 1,420 6% 1,690 7% 1,750 7% 2000 Q1 27,120 20,370 75% 1,910 7% 1,290 5% 1,510 6% 2,040 8% Q2 27,590 20,170 73% 2,210 8% 1,450 5% 1,660 6% 2,100 8% Q3 29,210 21,480 74% 2,490 9% 1,730 6% 1,870 6% 1,640 6% Q4 27,420 20,060 73% 2,380 9% 1,650 6% 1,830 7% 1,520 6% 2001 Q1 30,450 22,110 73% 2,780 9% 1,600 5% 2,140 7% 1,820 6% Q2 28,950 20,960 72% 2,440 8% 1,720 6% 1,780 6% 2,060 7% Q3 30,590 21,840 71% 2,580 8% 1,780 6% 2,080 7% 2,310 8% Q4 27,840 19,540 70% 2,550 9% 1,710 6% 1,910 7% 2,140 8% 2002 Q1 29,280 20,700 71% 2,470 8% 1,600 5% 2,020 7% 2,500 9% Q2 30,460 21,720 71% 2,840 9% 1,500 5% 2,300 8% 2,100 7% Q3 33,310 23,150 69% 3,280 10% 1,910 6% 2,680 8% 2,290 7% Q4 30,790 21,530 70% 3,030 10% 1,830 6% 2,440 8% 1,960 6% 2003 Q1 33,980 24,520 72% 3,340 10% 1,760 5% 2,430 7% 1,940 6% Q2 34,090 24,170 71% 3,200 9% 1,780 5% 2,650 8% 2,280 7% Q3 35,770 25,680 72% 3,480 10% 1,940 5% 2,490 7% 2,170 6% Q4 31,750 23,250 73% 3,030 10% 1,590 5% 2,190 7% 1,700 5% 2004 Q1 33,820 24,970 74% 3,250 10% 1,710 5% 2,110 6% 1,780 5% Q2 32,900 23,870 73% 3,380 10% 1,900 6% 1,910 6% 1,830 6% Q3 32,150 23,810 74% 3,190 10% 1,820 6% 1,670 5% 1,660 5% Q4 28,890 21,080 73% 3,170 11% 1,580 5% 1,670 6% 1,400 5% 2005 Q1 26,920 20,420 76% 2,690 10% 1,270 5% 1,250 5% 1,280 5% Q2 27,310 20,160 74% 2,810 10% 1,510 6% 1,450 5% 1,380 5% Q3 24,800 18,320 74% 2,540 10% 1,330 5% 1,300 5% 1,310 5% Q4 21,140 15,560 74% 2,290 11% 1,180 6% 1,110 5% 1,000 5% 2006 Q1 20,730 15,280 74% 2,320 11% 1,170 6% 1,020 5% 950 5% Q2 P 19,430 14,580 75% 1,840 9% 1,050 5% 990 5% 960 5% Q3 P 19,390 14,310 74% 1,910 10% 1,120 6% 1,060 5% 990 5% Q4 P 17,310 12,880 74% 1,710 10% 990 6% 820 5% 920 5% 2007 Q1 P 17,230 12,600 73% 1,790 10% 970 6% 860 5% 1,010 6% Q2 P 15,960 11,920 75% 1,580 10% 910 6% 770 5% 800 5% Q3 P 16,540 12,140 73% 1,610 10% 1,030 6% 830 5% 940 6%

Notes: 1 Households found to be eligible for assistance, unintentionally homeless and falling within a priority need group, and consequently owed a main homelessness duty by a local housing authority. Figures reflect decisions under the 1996 Housing Act, and residual 1985 Housing Act cases. P Provisional Data. Totals may not equal the sum of components because of rounding.

Source: CLG Quarterly p1(e) returns. Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 409 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% Annex D 560 690 940 910 980 830 960 970 950 860 410 1,010 1,010 1,170 1,240 1,150 1,210 1,410 1,050 1,070 1,130 1,090 1,160 1,150 1,270 Homeless in 5% 5% 6% 5% 4% 4% 4% 3% 3% 3% 7% 8% 5% 6% 6% 7% 5% 5% 6% 5% 4% 4% 4% 3% 4% 3 6,220 8,990 5,440 5,500 5,850 5,080 4,410 4,550 4,170 4,250 4,930 5,630 5,480 5,760 5,440 4,500 4,490 4,350 4,150 4,730 4,730 8,700 5,560 4,610 11,140 4% 5% 5% 6% 6% 6% 6% 7% 7% 6% 6% 5% 6% 6% 6% 6% 7% 7% 7% 6% 5% 4% 5% 5% 4% 6,640 6,140 6,190 6,220 7,860 8,460 7,690 7,300 6,690 5,620 6,770 6,330 3,180 4,420 6,390 6,210 6,450 6,140 6,320 6,380 8,220 8,430 7,370 7,060 6,470 violence Other 9% 9% 9% 8% 4% 3% 3% 3% 3% 3% 3% 4% 3% 4% 3% 3% 3% 3% 3% 3% 3% 3% 2% 6% 5% 2 8,970 4,400 3,540 3,390 3,170 3,580 3,760 4,090 4,470 4,460 4,960 3,550 3,460 3,150 3,520 3,780 3,850 4,360 4,650 3,400 6,930 5,730 6,750 BY LOCAL AUTHORITIES, 10,930 10,860 1 8% 7% 7% 7% 7% 6% 6% 5% 4% 4% 9% 9% 9% 8% 7% 8% 8% 7% 7% 7% 7% 6% 6% 5% 4% 9,110 7,580 7,260 6,930 8,040 7,570 7,200 6,740 5,950 5,200 5,650 8,060 8,440 7,610 7,170 6,910 8,180 7,430 7,100 6,490 6,080 11,430 12,050 10,540 10,000 5% 5% 5% 5% 5% 5% 5% 5% 5% 6% 6% 5% 4% 4% 5% 5% 5% 5% 6% 6% 5% 5% 4% 4% 5% 5,640 5,110 4,980 5,170 6,100 6,530 6,110 5,660 5,230 4,970 3,720 6,450 4,970 7,330 6,760 6,130 5,350 5,160 5,010 5,220 6,250 6,550 6,050 5,400 5,440 Table 632 Physical Young Domestic 4% 4% 4% 4% 5% 5% 5% 5% 4% 4% 2% 3% 3% 3% 3% 4% 4% 4% 4% 4% 5% 5% 5% 5% 4% BY PRIORITY NEED CATEGORY Old age disability Mental illness person 1,540 3,740 2,530 4,330 4,330 4,250 3,920 3,850 3,800 4,160 5,510 5,890 6,050 5,920 6,230 4,050 3,800 3,750 4,010 5,200 5,820 6,020 6,060 6,060 5,960 11% 12% 10% 10% 10% 10% 10% 10% 10% 11% 11% 12% 13% 13% 10% 10% 10% 10% 11% 11% 12% 13% 13% 14% 12% 9,060 14,240 12,090 13,950 12,000 11,610 10,930 10,350 10,590 10,580 12,930 13,430 14,060 16,500 18,540 11,290 10,310 10,500 10,470 12,510 13,060 13,820 15,800 18,020 19,430 58% 59% 59% 58% 56% 56% 57% 59% 61% 64% 51% 52% 51% 54% 57% 59% 59% 59% 55% 58% 56% 56% 58% 60% 61% children pregnant Household member vulnerable through: emergency 66,310 62,620 61,540 59,900 62,150 65,600 66,840 74,140 83,690 88,910 64,930 52,370 68,840 66,900 67,180 65,330 62,280 61,610 42,000 59,380 63,420 66,290 68,620 76,390 85,320 Households Household with dependent member STATUTORY HOMELESSNESS: HOMELESS HOUSEHOLDS ACCEPTED 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Accepted 76,860 of households Total number 114,670 105,580 104,260 102,430 110,810 116,550 116,850 125,360 136,230 139,630 127,760 100,170 135,590 123,840 117,830 111,340 105,370 104,630 102,000 113,590 117,490 118,490 127,630 138,740 2000–01 1999–00 1998–99 1997–98 1996–97 1995–96 1994–95 1993–94 1992–93 1991–92 2006 P 2004 2005 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 Number & Share of total acceptances (%) 1992 Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 410 Home Affairs Committee: Evidence 1% 1% 1% 1% 1% 1% 500 770 410 650 960 1,100 Homeless in 7% 8% 5% 6% 8% 6% 3 5,700 4,240 8,330 5,480 10,690 10,040 4% 5% 4% 5% 5% 5% 5,960 6,160 6,290 4,020 6,780 2,890 violence Other 9% 6% 9% 9% 8% 5% 2 8,350 8,000 6,390 5,800 10,560 11,050 7% 9% 8% 9% 9% 9% 9,970 7,340 5,420 10,650 12,070 10,980 5% 5% 5% 5% 5% 5% 3,590 6,140 7,120 6,990 6,240 4,620 Physical Young Domestic 3% 3% 3% 4% 2% 2% Old age disability Mental illness person 2,220 1,400 3,440 4,230 4,400 4,230 12% 12% 11% 11% 10% 10% 8,480 11,360 13,710 14,280 12,680 11,370 51% 51% 53% 55% 57% 53% children pregnant Household member vulnerable through: emergency 61,460 69,050 67,740 40,600 66,190 49,890 Households Household with dependent member 100% 100% 100% 100% 100% 100% Accepted 73,360 93,980 of households Total number 120,860 135,430 128,540 116,660 Households found to be eligible for assistance, unintentionally homeless and falling within a priority need group, andFrom consequently July owed 2002, a “Young main person”From covers July 16/17 2002 year “Other” olds incorporates and other 18–20 special year reasons old and care the leavers. following new priority need categories: those vulnerable as a result of time homelessness duty. Figures prior toAct, 1997 plus reflect any decisions residual taken 1985were under Act made the cases. under 1985 the the Housing 1985 1996 Act; Housing Housing subsequent Act, Act, decisions included plus made a residual under small 1985 the number Act 1996 of cases. Housing non-priorityspent need in acceptances; care, subsequent in decisions custody or in HM forces and those fleeing home because of violence or the threat of violence (other than domestic violence). 2006–07 P 2005–06 2004–05 2003–04 2002–03 2001–02 Notes 1 2 3 Totals may not equal theSource: sum CLG of Quarterly components P1(E) because returns of rounding. Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 411 17% 17% 19% 18% 18% 20% 22% 20% 19% 16% 17% 17% 16% 16% 19% 18% 18% 19% 18% 17% 16% 17% 17% 17% 16% Annex E 17,780 18,280 19,630 19,700 20,670 24,410 29,310 25,880 19,150 21,910 20,920 20,050 22,310 20,740 14,280 20,600 20,080 19,740 18,350 17,720 20,420 20,830 19,470 20,220 20,060 7% 8% 8% 8% 9% 9% 9% 9% 9% 9% 8% 8% 8% 7% 6% 6% 5% 6% 8% 9% 9% 8% 9% 5% 10% 9,340 8,520 8,090 8,670 8,250 7,910 7,590 6,700 5,570 3,750 8,000 8,700 8,290 8,310 9,050 11,890 11,530 11,460 11,010 12,140 11,690 11,830 11,380 10,530 11,580 9% 7% 6% 8% 13% 15% 14% 15% 15% 14% 13% 13% 13% 11% 12% 10% 14% 15% 15% 14% 15% 14% 10% 11% 12% End of Loss of 9,480 8,710 13,530 15,390 14,430 16,590 17,520 17,240 17,300 16,820 13,150 13,380 13,310 11,010 11,830 10,470 17,240 17,220 14,590 15,190 14,310 11,190 12,060 13,110 13,630 3% 3% 3% 3% 2% 2% 2% 2% 2% 2% 2% 2% 3% 3% 3% 3% 3% 2% 2% 2% 2% 2% 2% 2% 2% 2,370 2,640 3,130 3,050 3,370 3,120 2,970 2,550 2,230 2,230 2,310 2,320 2,070 1,730 3,160 3,250 3,170 2,650 2,470 2,840 2,190 2,020 2,140 2,310 3,090 BY LOCAL AUTHORITIES, 1 3% 2% 3% 4% 6% 6% 8% 7% 9% 8% 8% 6% 6% 5% 3% 3% 2% 1% 2% 2% 8% 7% 8% 8% 10% 2,820 3,660 4,480 5,860 5,910 9,960 8,210 6,000 6,130 4,880 3,780 3,090 2,230 2,020 2,020 2,180 9,640 7,580 2,590 12,760 10,670 10,020 13,710 10,740 10,150 7% 7% 7% 7% 7% 7% 7% 7% 7% 6% 6% 7% 7% 7% 7% 7% 7% 7% 7% 7% 6% 6% 6% 6% 7% 7,010 6,920 7,290 7,710 8,300 8,660 9,370 8,650 6,530 8,820 8,080 7,910 7,890 7,690 5,010 8,310 7,950 7,340 6,940 7,010 8,740 8,420 7,900 7,830 7,930 Table 633 15% 16% 17% 17% 18% 11% 13% 14% 16% 17% 18% 18% 17% 16% 15% 14% 13% 13% 13% 11% 14% 15% 17% 18% 13% 10,260 17,750 18,070 17,620 18,130 18,880 15,260 16,950 17,590 19,880 20,080 18,800 18,370 17,770 17,980 17,800 17,900 17,290 16,300 12,880 15,750 17,680 17,780 19,900 19,840 11% 11% 12% 13% 15% 15% 15% 15% 15% 13% 13% 13% 12% 12% 14% 15% 14% 12% 12% 11% 13% 13% 13% 12% 12% BY REASON FOR LOSS OF LAST SETTLED HOME 11,310 11,730 13,130 14,840 17,100 18,900 20,790 19,640 15,080 18,910 17,110 15,700 14,730 13,580 10,900 17,110 15,790 13,140 12,170 11,110 19,180 17,310 16,040 15,050 14,230 19% 17% 16% 16% 16% 28% 25% 21% 17% 17% 16% 16% 16% 17% 18% 19% 21% 23% 23% 27% 24% 20% 17% 17% 23% accommodation partner arrears arrears tenancy ousing easons Parents Other Violent Other able or willing to provide Relationship breakdown with Mortgage Rent shorthold or tied Other Relatives/friends no longer assured other rented 21,690 19,920 17,270 16,690 16,010 39,750 33,210 25,240 20,930 19,560 15,880 16,690 17,070 19,030 21,720 23,480 29,000 29,210 23,490 38,230 30,760 23,670 20,220 18,790 17,920 STATUTORY HOMELESSNESS: HOMELESS HOUSEHOLDS ACCEPTED 1 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% Accepted 76,860 of households Total number 116,660 114,670 105,580 104,260 102,430 142,890 132,380 122,460 121,280 117,010 102,000 104,630 105,370 111,340 117,830 123,840 135,590 127,760 100,170 140,580 129,930 120,910 120,200 113,100 2 2 2 2 2 2 2 2 2 2 1992–93 2001–02 2000–01 1999–00 1998–99 1994–95 1995–96 1996–97 1997–98 1993–94 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 P 1995 Number, and share of total acceptances (%) 1992 1993 1994 Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 412 Home Affairs Committee: Evidence 19% 18% 20% 21% 21% 17,870 13,400 24,240 28,830 26,550 an not be lessness duty 5% 5% 6% 5% 5% ority need series 5,040 3,620 6,450 7,240 8,080 13% 14% 13% 13% 14% End of Loss of 12,370 10,280 16,130 16,970 17,460 2% 2% 2% 2% 2% 2,090 1,730 2,470 2,820 3,200 4% 2% 2% 2% 3% 1,940 2,050 2,100 2,390 2,620 6% 7% 7% 7% 7% 6,090 4,820 8,080 9,490 8,730 13% 13% 14% 13% 13% 9,770 15,360 17,400 17,680 12,100 15% 15% 15% 15% 14% 10,170 14,150 18,330 20,870 19,750 23% 22% 19% 23% 23% accommodation partner arrears arrears tenancy ousing easons Parents Other Violent Other able or willing to provide Relationship breakdown with Mortgage Rent shorthold or tied Other Relatives/friends no longer assured other rented 27,890 29,800 25,010 17,000 21,950 1 100% 100% 100% 100% 100% Accepted 73,360 93,980 of households Total number 120,860 135,430 128,540 Households found to be eligible for assistance, unintentionally homeless and falling within aFigures priority prior need to group, 1997, and which consequently reflect owed decisions a taken main under home the 1985 Housing Act, include around 4,000 non-priority need acceptances each year, which c removed from the reason for(Tables loss 621, series; 622, consequently, 632 totals etc). for these years are not consistent with those presented in the total acceptances and pri under the 1996 Housing Act. Decisions after 1996 were made under the 1996 Housing Act, but include any residual 1985 Act cases. 2005–06 2004–05 2003–04 2002–03 Notes 1 2 Totals may not equal theSource: sum CLG of Quarterly components P1(E) because returns of rounding. 2006–07 P Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 413 29% 32% 29% 32% 29% 31% 27% 27% 30% 28% 29% 27% 28% 28% 27% 28% 29% 27% 28% 28% 27% 26% Annex F 14,320 79,110 16,060 78,170 17,540 75,010 17,480 16,350 75,150 19,910 73,940 19,290 77,630 20,210 20,100 82,330 23,030 73,030 60,500 43,920 19,810 18,990 & share of decisions (%) 21% 23% 21% 23% 21% 23% 22% 23% 20% 22% 22% 22% 23% 23% 24% 23% 22% 22% 21% 20% 23% 22% 10,550 57,130 11,760 55,970 13,040 54,770 14,370 13,640 51,110 15,500 54,910 15,680 62,980 16,180 17,750 67,720 17,700 59,190 45,540 31,140 17,150 16,090 Number of decisions 7% 2% 6% 3% 6% 3% 5% 6% 3% 5% 3% 5% 4% 5% 5% 4% 4% 5% 6% 7% 4% 4% 3,210 5,060 3,650 6,430 3,400 7,880 3,400 3,570 8,650 3,550 8,540 3,290 9,980 3,410 3,400 3,210 2,910 2,700 12,930 13,810 13,260 10,930 43% 42% 44% 43% 45% 43% 45% 45% 46% 45% 46% 46% 46% 44% 45% 45% 45% 45% 47% 44% 46% 46% 34,090 Table 637 priority need priority need need Unintentionally Intentially Homeless but Not homeless homeless and in homeless and in not in priority 22,160 21,140 23,960 24,800 27,180 27,310 30,36026,750 28,890 26,920 30,950 32,150 32,800 32,900 33,50033,520 31,750 33,820 34,370 35,770 93,98073,360 93,980 33,590 73,360 33,980 102,430 102,430 104,260 104,260 105,580 105,580 116,660 116,660 128,540 128,540 135,430 135,430 120,860 120,860 ON APPLICTIONS FROM ELIGIBLE HOUSEHOLDS 100% 100% 100% 100% 100% 100% 100% 114,670 114,670 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100%100% 34,040 100% 100% 100% 49,220 56,270 61,300 60,470 64,140 71,110 71,150 75,060 71,550 72,070 79,710 73,640 243,730 244,830 243,240 249,580 254,050 279,120 298,390 266,870 213,290 159,330 Total decisions of which Households found to be: Adjusted) Adjusted) Adjusted) Adjusted) (Seasonally (Not Seasonally (Seasonally (Not Seasonally STATUTORY HOMLESSNESS: DECISIONS TAKEN BY LOCAL AUTHORITIES UNDER THE 1996 HOUSING ACT Q4 50,720 Q3 54,070 Q2 62,180 Q4 66,370 Q3 68,200 Q2 72,270 Q4 74,400 Q2Q3 73,220 76,390 1997–98 243,730 1998–99 244,830 1999–2000 243,240 2000–01 249,580 2005 Q1 60,030 2001–02 254,050 2002–03 279,120 2003–04 298,390 2004 Q1 74,380 2004–05 266,870 2005–062006–072003 P Q1 213,290 159,330 72,780 Processed: 04-06-2008 23:26:13 Page Layout: CWMEM1 [E] PPSysB Job: 392023 Unit: PAG4

Ev 414 Home Affairs Committee: Evidence 27% 26% 28% 28% 28% 28% 27% l 1985 9,950 9,370 12,580 10,970 12,110 10,700 10,140 & share of decisions (%) 22% 20% 19% 19% 20% 17% 19% 8,530 8,200 6,990 7,420 6,140 6,310 10,190 Number of decisions 7% 6% 7% 7% 7% 7% 7% 2,780 3,000 2,890 2,740 2,520 2,570 2,410 47% 45% 46% 46% 46% 47% 47% priority need priority need need Unintentionally Intentially Homeless but Not homeless homeless and in homeless and in not in priority 19,340 19,430 20,680 20,730 18,760 19,390 18,060 17,310 17,200 17,230 16,000 16,540 15,870 15,960 100% 100% 100% 100% 100% 100% 100% 41,700 46,500 42,590 37,740 37,300 35,200 34,040 communities.gsi.gov.uk w Total decisions of which Households found to be: Adjusted) Adjusted) Adjusted) Adjusted) (Seasonally (Not Seasonally (Seasonally (Not Seasonally Decisions on applications from households eligible for assistance under the homelessness provisions of the 1996 Housing Act, including any residua Housing Act cases Q2 P 42,290 1 (P) Provisional data. Seasonally adjustedTotals figures may have not been equal revised theCLG back sum P1E to of Homelessness 1997 components returns quarter because (quarterly) Telephone: 1. of 020 rounding. 7944 3316 Email: homelessnessstats Q3 P 41,010 Q4 P 38,760 Q3 P 33,920 Q2 P 34,490 2006 Q1 46,320 Note: Source: Contact 2007 Q1 P 37,270 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 415

APPENDIX 69

Letter from Birmingham City Council to the Home AVairs Committee Thank you for your letter regarding the Home AVairs Committee’s current inquiry into Domestic Violence and Forced Marriage and for the opportunity to respond about the situation in our area. You asked specifically for information on what action we are taking to raise awareness of the issues. We include Forced Marriage and Domestic Violence in our Designated Senior Person (DSP) and Head Teacher training and are robustly ensuring that this is taken up. All our schools have completed, or about to complete, the two days training and/or refresher training within the past two years. We would support the extension of mandatory training for teachers in domestic violence and forced marriage within the context of Core standards in health and well being. In preparation for the forced marriage guidelines for education being put on a statutory footing later this year, we have recently run a major training conference on Forced Marriage. This will be followed up by a year-long campaign by our domestic violence forums to raise public awareness and engagement. We have specific sections in our Birmingham Safeguarding Children Board (BSCB) guidance to schools and services regarding Forced Marriage and Domestic Violence, and we have recently updated this. We identified Domestic Violence awareness raising as a key priority for the BSCB and for our Safeguarding in Education Forum this year. The BSCB has completed six multi-agency events this year, and has delivered six (school network) locality training sessions across the city, at which attendance has been good (200!). We are working in collaboration with Womens Aid (schools curriculum pack launched this year), police, social care and health to develop information sharing and further practice guidance for schools. To this end, we have identified five extended school clusters who will assist us in working up this guidance . . . Whilst the focus of this work has been essentially on Domestic Violence, we do have an opportunity to ensure the inclusion of Forced Marriage into our work with one or two of our interested clusters and to develop further practice guidance and interagency protocol in this respect. As the DCFS letter recognises, we are currently unable to identify cases of forced marriage from our data on children missing education and would welcome any guidance on how we could do this. I hope this information is of use to you. Please let me know if you need anything further. 20 March 2008

APPENDIX 70

Memorandum submitted by a perpetrator I am serving a life sentence at **** and write to you in your capacity of being the chair of the Select Committee regarding the very serious issue of domestic violence. I seen you speaking on Channel 4 news today about the said subject and of the programmes available both in and out of prison to help people address such issues. I have been in a number of relationships where I was abusive to my partners. I have served two prison sentences for such abuse. I am truly ashamed of my past behaviours. I have served 13 years of my life sentence and in 2005 I arrived here and seen a poster on the wall advertising the “Healthy Relationships Programme”. I made enquiries about the programme and was fortunate enough to get a place on the high intensity course last year. It was the most diYcult six months of my entire life (I am 47) but it was also the most worthwhile six months as well. I was in a group of eight and found myself not only facing up to the pain I had caused others but being able to talk openly and honestly about the issues. The staV who ran the programme were so dedicated and supported me, and others, through some very diYcult sessions. I had worked hard throughout my time in prison to deal with my personal problems but at the end of the Healthy Relationships Programme I was truly able to say that my life had at last been completely turned around. My family have commented on how they’ve seen the changes in me after completing the programme. The news item I referred to earlier was quite right in saying that there is a lengthy waiting list for spaces on the programme. I believe it only runs in five prisons which is far from enough. I hope that your committee can persude the Government that this programme does very well and I am sure that in future statistics will indeed show that it does actually reduce oVences of domestic violence. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 416 Home Affairs Committee: Evidence

I don’t know if this feed-back will assist you in any way but I thought it would be worthwhile to write and tell you how valuable this programme is to prisoners. Hopefully it will be available in more prisons in the near future. Thank you for taking the time to read my letter.

APPENDIX 71

Memorandum submitted by Everyman Project, Families without Fear and Triangle

Introduction Everyman Project is a charitable organisation, which oVers a counselling programme for men who want to stop behaving violently or abusively, a support service for partners of men on the programme, and advice and an information service on male violence and abuse for professionals and the public. It is one of the longest running organisations working with violent and abusive men in London and the Home counties (over 10 years). As a registered organisational member of the British Association for Counselling and Psychotherapy all our counsellors work to the BACP’s Ethical Framework for Good Practice in Counselling and Psychotherapy, and are subject to the professional conduct procedures.

The Counselling Programme Everyman Project provides a unique seven month (30 weeks) integrative therapeutic counselling programme consisting of 13 weekly one-to-one counselling sessions followed by 16 weekly group counselling sessions designed to support and challenge men to cease their violent and/or abusive behaviours. The counselling programme integrates cognitive, behavioural, humanistic and psychodynamic counselling with educational approaches to challenge and change abusive and violent attitudes and behaviours. Additionally it addresses the emotional damage which underlies abusiveness to others. From the outset, and throughout the work, the safety of the man’s partner or other victims of his violence is the first priority. All therapeutic work takes place amongst the background of acknowledging responsibility, developing the man’s feeling capacity, extending his emotional awareness and enabling him to develop greater empathy for others. We work towards increasing the level of motivation necessary for a man to come to terms with his feelings, change his attitudes and take responsibility for his violence via an approach that is essentially therapeutic in its nature.

Key Features Everyman Project provides: A unique 30 week integrative counselling programme, combining individual and group work within our two track model( see attached sheet). The two track model combines cognitive behavioural and educational methods to change abusive behaviours alongside humanistic and psychodynamic exploration of each man’s particular (subjective) experiences to help them understand the feelings underlying their abusive behaviour and their resistance to change. A proactive service for partners of men on the programme providing emotional support, practical advice, and safety planning via post, telephone and face to face counselling. An information and advice service and website (5510 hits 06-07) for anyone concerned about a man’s violence or abuse. Counselling venues in Archway N19, and Elephant and Castle SE1. We carry out an initial assessment with the men to ascertain their commitment to change and their suitability to participate in the programme. We have four part–time staV (17.5 hours), three of which are currently funded, one not, two P/T admin (4 hours) and 11 Unpaid Volunteer Counsellors (who are provided with clinical supervision). Key statistics for 2007 include: 2,000 client hours; 408 one-to-one sessions; 46 group sessions; (2.5 hours); 50 clients in the group; 50% of men unemployed (allowed on the programme at reduced rates); 50% white British, 50% BME; clients come from across London and Home Counties. Also in 2007, 147 partners were helped by the Partner Support Programme (144 female, 3 male). Including children, a total of around 250 people were supported by the programme. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 417

Our income for the last audited year was considerably less than that of other organisations in the field (less than 25% of Respect and 10% of DVIP). But the results we produce are nevertheless impressive. We do front line work with perpetrators that makes a real diVerence (see attached Testimonial), to men, their families, children, and society, both directly and in the costs saved through men changing their behaviour by social services, housing, police, hospitals, prison services, GPs and government. However, it has proved increasingly diYcult to obtain funding for this project through our traditional sources, charitable trusts. We have made significant attempts to diversify our funding base, including to arms of both local and central government, but so far none of these have yet provided any funding: — We spent nearly two years getting Perpetrator Programmes onto the funding list from London Councils, meeting most of the criteria for approval not just related to Perpetrator programmes. — London Councils allocated £100.000 for 33 London boroughs, but gave this money to second Tier support services. which we do not need. We need direct sustainable funding over a long enough period for planning (Three years at least). — There is at present only one trust, Tudor Trust that is funding/supporting all three of our organisations. — We are all told by Government oYces that we approach that there is no funding available for our sector. — We are all told by local Government oYces that we approach that there is no funding available for our sector. — The London Councils will not fund us? The Mayor of London’s Second Domestic Violence Strategy launched in 2005, cites “interventions with domestic violence perpetrators outside of the Criminal Justice System (CJS)” as one of its key priorities for development”. (Page 10) The National Domestic Violence Strategy Delivery Plan—Annual Progress Report 2006–07 states that “Perpetrator programmes outside the criminal justice system (CJS) are growing in importance...”. There are five Perpetrator Programmes running in London (GLDVP Figures). We need Government funding that is ring- fenced specifically for Perpetrator programmes that are working to the most modern, eVective practices, accountable and which are monitor-able. We are strong advocates of the now widely accepted (in Europe ) TWO–TIER approach to working with perpetrators (see attached sheet) as the most eVective intervention for change in men. If the Government wants to include the Voluntary sector we need Funding, otherwise good quality services such as ours will no longer available. Given the current crisis in funding, that will be sooner rather than later. — We at Everyman are concerned that organisations like “RELATE” are being misguidedly directed to implement Perpetrator programmes using the outmoded “Deluth” model of working with violent men. — We are concerned that the same is true of the Probation services, IDAP, and local councils. — We are concerned that an organisation that sets itself up as an umbrella organisation for best practice does not vet its members and allows organisations membership to organisations that do not meet its own basic regulations. — We are concerned that there is a general thinking that a perpetrator programme can be set up after one or two weeks training for its workers. — We are concerned that it appears that only input from one Perpetrator programme and one second tier organisation is taken as the only way of working with violent men that is why we ask this committee to think “out of the box” to get the best possible, most eVective programmes working to help men change their violent and abusive behaviour. — We are all very willing to present orally our concerns to this committee.

The Minster Centre—Families Without Fear Domestic Abuse Project—March 2008

Introduction The Families Without Fear Project ( FWF), based at the Minster Centre Psychotherapy Training Centre in the London Borough of Brent, has just completed a 2° year pilot as a research and development project, initially funded by the DCSF Strengthening Families Grant. FWF is receiving referrals to work with perpetrators and survivors from all over London and surrounding counties, from a wide variety of sources. The initial funding has finished. FWF recently secured grants from several charitable trusts to carry on for the period of March 2008–09, but thereafter the future sustainability of the project remains very uncertain. Despite an enormous amount of eVort to implement a sustainable funding strategy, FWF has Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 418 Home Affairs Committee: Evidence

been unable to secure any longer term commitment to support the project’s work from any central or local government sources.. The Minster Centre is heavily subsidising running costs, and is currently spending £105,000 per year to run FWF. Between September 2006 and March 2008, FWF recorded over 375 enquires about the work of FWF and 185 direct requests for client services. The project has been in contact with approximately 230 clients at some stage since January 2006, of which 111 were perpetrators and 119 survivors, with the first set of clients just completing the year long perpetrator’s programme. The project is open for three days a week, staVed by part time and Sessional workers. FWF has the capacity to work with approximately 25–30 perpetrators and 25–30 survivors at any one time, with two separate programmes for men and women oVered on two separate days for safety. The key objectives of the Families Without Fear Project are: (a) To promote the safety of survivors and children, this is the overriding priority and fundamental to our work. (b) To reduce the recurrence of domestic violence and abuse (be it physical, emotional, psychological, financial or sexual) by working educationally and therapeutically with perpetrators, with the aim of changing their long term behaviour and attitudes. (c) At the same time, to provide linked support services to partners and ex-partners in order to monitor their safety, increase their choices and improve psychological and emotional well being. (d) To work in partnership with DV forums and other strategic networks to raise awareness of DV, the role of FWF and intervention programmes. (e) To develop innovative training materials based on our model, informed by our research results, to promote good practice.

The PVAR (Preventing Violence and Abuse in Relationships Programme) PVAR is for perpetrators who want help to stop their violence and abusive behaviour. Perpetrators may self refer or be referred by outside agencies. PVAR includes intake and assessment, individual therapeutic support, group work and post group follow up work. The PVAR now contains separate programmes for male and female perpetrators. We believe we may be the only project in the UK oVering this service to female perpetrators.

The Survivors of Abuse Programme (SAP) The SAP oVers individual safety planning and therapeutic support, working face-to-face, and for survivors unable to attend, telephone support is arranged. SAP oVers workshops and group work when resources permit. Survivors who’s (ex)-partner is on the PVAR programme will automatically be contacted by SAP and will be kept informed of the partner’s/ex-partner’s progress and attendance on the PVAR programme. The Survivors Programme is also available to a limited number of survivors whose partners are not involved with the PVAR Project, and contains programmes for both male and female survivors.

Developing a New Model We have drawn on a number of theoretical approaches, based on the latest thinking in sociology, psychology and neuro-biology to create an innovative integrative model for the understanding of, and tackling of domestic abuse and violence in relationships. FWF is unique in that its service, whilst allied to RESPECT and other national and local domestic violence forums, has remained committed to thinking “outside the box”. We are finding that some of the families coming forward for FWF’s services may be diVerent to the usual DV cases presenting to other agencies, as it is sometimes very unclear at the assessment stage, as to who is the perpetrator and who is the abuser, or this can change and shift over time within the same family. There seems to be a degree of mutually abusive behaviour in some of the relationships we are working with. This is an area that we have identified as needing further research.

Consolidation and Evaluation The project got oV to an excellent start, and early evidence is extremely encouraging, as client feedback indicates that our work is eVectively reducing violence and abuse. “When looking at our client group as a whole there is clear evidence from our assessments that we are now attracting a much more complex clinical population. The more therapeutic approach has also allowed us to engage in a more significant way with these clients...”. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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. . . There is preliminary qualitative evidence to suggest that our more therapeutic and less confrontational attitude has helped both clients and therapists to establish better working alliances/relationships. This we believe has enabled clients to more easily engage in the programme, attend sessions on a more regular basis and drop out on a less frequent basis. Although our sample is still quite small, a preliminary quantative analysis of the programme seems to support this belief.”...

Excerpt from PVAR Progress Report—Andrew O’Donovan,Clinical Manager of the Men’s Service,April 2007 FWF urgently requires stable core funding and more time to allow delivery of the full programmes we are pioneering, over a more sustained period. We are assisting people to make huge and significant changes in their lives, and it takes at least a full year or longer to get each perpetrator and his partners through all the stages of our programme; and demands skilled, intensive work. We are currently gathering evidence from our clients and their partners about their views of the programmes, and evaluating their short term eVectiveness, but we still need more time to see if the reductions we are already achieving in abusive behaviour will persist over time. We hope to report the results of our evaluation this summer.

TRYangle Domestic Violence Project A project of Trinity Methodist Church Youth and Community Centre. We launched in March 2003. TRYangle aims to increase the safety of women and children who experience domestic violence and challenge men’s use of abuse and violence in their intimate relationships. We provide help for men who are prepared to change by attending one of our violence prevention programmes and we oVer support to their partners or ex-partners through one to one professional counselling and information to improve their safety. The project also aims to educate and oVer training for professionals by raising awareness and early intervention when working with their clientele who are in need of the project’s involvement.

What we do TRYangle positively works with men who want to stop their violent or abusive behaviour towards their partners through cognitive based group work programmes (a thirty two week programme). We currently have two groups operating once a week, which are jointly facilitated by a male and female worker. All female partners or ex partners of men undertaking the group work programme are oVered: (a) one to one counselling by trained counsellors who have specialised knowledge in domestic violence; (b) professional advocacy support including safety planning and quality information; and (c) support groups. TRYangle Project was developed and has proven to be successful as it meets individual and community needs (self and other referrals), challenges and changes men’s behaviour in a positive way, improves quality of “family” life, enhances love and safety, reduces violence and abuse, supports safety and well being of women and children, contributes towards local authority/government financial costs and initiatives such as London Domestic Violence Strategy, etc. The Mayor of London Ken Livingstone acknowledged the innovative work which TRYangle does to further the aims of the London Domestic Violence Strategy and to make London a safer place presenting us with an award in November 2006. We believe this very valuable piece of work must continue as it strongly supports individual and social change. We currently have over twenty men on waiting list and regular enquiries and expressions of interest to join programmes. We have had over four hundred men access our services since our launch in 2003. We received over 50 new referrals just within a six month period—an excess of 100 potential clients (partners and children). Safety planning plays a big part in the support the women receive. Self referrals are received directly from men wanting to change behaviour and wanting safe, healthier and happy relationships with their partner. Men are no longer denying their abusive and violent behaviour, wanting to take responsibility and action to change by joining educational and cognitive based programmes. Local positive action includes the police signposting men to us, giving our information to men directly and through the Metropolitan Police Website, the Greenwich Community Saftey Unit (CSU)—as part of Crime and Disorder Reduction, signpost and refer men to us and Lewisham CSU are producing publicity with TRYangle’s details in recognition of local needs and concerns. Social Services actively seek our specialist services. For example, we undertake a thorough assessment of the father of children (children on the “At Risk” register) and if appropriate, the father attends our programme where we complete individual progress reports and we also attend Core and Case Conferences to assist in determining their level of risk to the child/children. There have been positive cases resulting in children being successfully removed from the “At Risk” register following our intervention. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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The following highlights other examples of support for our project based on research, needs and consultation with beneficiaries: The Queen Elizabeth Hospital Accident and Emergency Unit; Citizens Advice Bureau’s refer clients to Tryangle; we attend the Greenwich, Bexley and Lewisham Domestic Violence Forum’s, networking with many other agencies and contributing to the overall aims of the Forum for women’s safety; Victim Support refer to us; DVIP Hammersmith refer to us; Probation, provide the Pathfinder Programme for those men on licence from the courts and refer men that are not on licence; Community Drug Project and BAGRA (Bexley and Greenwich Alcohol) have reported need for our services and signpost; Private and Health based Counsellors refer their clients, Respect, (largest referrals via Respect!) the national professional practitioners network have a National Domestic Violence Help line and refer people who live in the South East area onto us; Army Welfare have reported that soldiers sometimes have diYculty settling back into family life require our services; CAFCASS refer to us and seek advice on diYcult cases. Our clients come from Greater London, Kent and Essex. The project also aims to educate and oVer training for professionals by raising awareness and early intervention when working with their clientele who are in need of the project’s involvement and to support them in making eVective interventions with perpetrators of domestic violence. TRYangle entered an agreement with BAGRA (Bexley & Greenwich Alcohol Agency). We have been running a men’s programme at BAGRA in Welling since July 2007 with the support of Triangle’s women’s services to help us get a better understanding of the links between alcohol and domestic violence. Stuart Cameron is the Project Manager and will be happy to provide further information. Contact details: Tel: 020 885 57564, Email: stuartwtryangle.org.uk, TRYangle web site: www.tryangle.org.uk This is one of many Testimonials Everyman receives from service users who have attended our programmes:

Everyman Project Testimonial When I first came for my assessment on 10 February, I was desperately trying to save a relationship. Since starting my one-to-one sessions, and during my time attending this group, I have come to realise that the relationship I needed to save was the one that I have with myself. I now realise that I was very unhappy in my relationship with my ex-partner, Liz. However, I lacked the confidence and the skills to communicate this to her. I became more isolated, more vulnerable, and needier as I tried to deal with the situation. The gap between who I had become and my true self was filled with anger, pain, and fear. Instead of accepting responsibility for and dealing with my feelings of vulnerability, I chose to be abusive towards Liz and towards my daughter, Isabelle. I now accept responsibility for those feelings and for my abusive behaviour. I feel guilt and shame for what I did and also for the eVect that my abusive behaviour has had. Both on my ex-partner and on my daughter. I have learnt a lot during my time with the Everyman Project. I now have the practical skills to help me avoid being violent or abusive. — I am aware of my warning signs and I now know how to keep myself and others safe. I now realise that I can choose how I want to behave. — I know how to look after myself when I am feeling vulnerable. — I can now work with my vulnerable feelings rather than being afraid of them. — I have worked hard to create a more balanced and fulfilling life for myself. — I have the confidence to communicate assertively, and with empathy, to ask for what I want. — I can say “NO” with confidence and without guilt. — I have challenged and changed the beliefs that supported my abusive behaviour. — I understand and accept my rights and my responsibilities and understand how they are separate from those of others. — I have an understanding of healthy family relations for the first time in my life. Most of all, I have taken responsibility for my behaviour and for my life in general. I feel positive about my future and, perhaps for the first time, I see myself as the “architect of my own life”. I have also come to accept myself and to feel respect and compassion for myself. I am starting to heal. I leave this group fully committed to carrying on with the work I have started, painful though this can be. I will continue to explore my beliefs and to learn more about myself. I want to learn more about what is behind my thoughts, feelings, and actions. I will continue to work towards accepting myself as a means of accepting others more fully. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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I would like to thank all the men that have attended this group since I started in September. I have been inspired by your courage, by your honesty and by your willingness to take risks. I also appreciate the support I have received from the group as a whole. It takes a great deal of courage to accept the need to change. I have the greatest respect for you all. I wish you all well.

Research Supporting the Two Track Model of Working with Perpetrators Sonkin (2007) comments that state laws in the United States mandate the feminist re-education model, based on the Duluth Model of power and control. Likewise the United Kingdom is currently seeing the domination of the organisation Respect, which is a government-approved organisation, that gives specific guidelines and rules for the structure and methods used within perpetrator programmes. Funding, for the predominantly charitable organisations working with individuals who want to change their violent or abusive behaviours, is often dependent on perpetrator programmes working within the Respect guidelines . . . This regulated approach to domestic violence has been developed for extremely valid reasons, in order to hold perpetrators responsible, to recognise the gender dynamic of abusive relationships and out of a serious and well-motivated concern for the safety of victims and aVected children. However, whereas the rigidity and prescriptive nature of this approach to working with clients may be eVective and suitable for some clients, it may neglect the individual, his or her personal history and experiences and lead to disengagement from therapy (Lundberg, 1990). As Sonkin (2007) argues, such dogmatic models can make it diYcult for alternative approaches and innovative thinking to develop within this field as organisations are forced to work under a pre-decided notion of best-practice. Lundberg (1990) agrees “providing standardised treatments for all abusive men and battered women must surely limit-perhaps even prevent-positive therapeutic results”’ (p 245) There are some authors such as Lundberg (1990), Grigsby and Hartman (1997), Wexler (1999) and Sonkin (2007) who reflect the necessity of integrating these models. Lundberg (1990) suggests the Two-Track Model for working with perpetrators. She notes that it is vital to understand the dynamics of a particular abusive relationship and an individual’s intra-psychic triggers. She also acknowledges that it is not possible to work with all clients in an insight orientated manner as some clients need to work, primarily, on managing their anger through cognitive behavioural methods such as time outs and through psycho-educational techniques encouraging clients to take responsibility for their actions and change their attitudes towards women. She believes that the risk of the standardised psycho-educational perpetrator programmes is that a client will leave therapy if his personal issues and individuality are not addressed. Wexler (1999) agrees While insisting that men take full responsibility for their abusive behaviour, treatment approaches can still be eVective by addressing inherent psychological issues. Group leaders who can oVer respect for perpetrator’s history, their experience of powerlessness, and their emotional injuries in primary relationships are more likely to make an impact. (p 129) Source: Regents College MSC Dissertation, Jo Hercock References available on request.

Results of Research Study (From a University of Roehampton MSc Dissertation) on the Effectiveness of the Everyman Project Counselling Programme — “The results from this study indicate that the Everyman Project provides a vehicle for change in violent/abusive behaviour as well as providing a positive overall influence in the everyday functioning of the majority of it’s participants. — “Participants revealed that as a result of their experience of the Everyman Project their domestic violence/abuse reduced significantly and the quality of their relationship had improved. — “Participants also revealed that their capacity to be in a relationship and their ability to maintain a relationship has also been enhanced. — “Participants revealed that as a result of their experience of the Everyman Project their general abuse/violence reduced significantly. — “Participants were able to adapt various strategies to reduce their general violent/abusive behaviours. These strategies included: ‘Recognition Of Warning Signs’, ‘Application Of Time- Out’, ‘Resolution Of Past Events’, ‘Recognition And Expression Of Vulnerable Feelings’, ‘Ability To Empathise’, ‘Increased Sense Of Responsibility’, ‘Respect For Boundaries’, ‘Assertive Communication’. — “Participants revealed a sense of control over everyday agitation and stress (ie less incidences of bottling up feelings and getting irritated by more trivial things). — “Participants revealed an overall improvement in their everyday functioning and general moods (ie improvement in self esteem and depression, more assertiveness and improvement at work, improvement in friendships, more self confidence). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— “The experience of the Everyman Project was also reported to have encouraged further personal developments such as enrolment on philosophy courses, meditation and more time spent with family. In some cases the experience of the program provided encouragement to stop drinking excessive amount of alcohol and drugs which was reported to have a life changing impact. — “Participants revealed the long lasting aspect of the program . . . from three to six months after the completion of the program. — “This integrative aspect of the Everyman project makes it diVerent from all previous treatment approaches reviewed in this study. The Everyman Project also diVers from the Duluth model in trying to reduce men’s violent/abusive behaviour against other men as well as women. The focus is on understanding and naming vulnerable feelings rather than suppressing anger.” — Quotation from a participant: “I think the first thing is that it is a huge shame that there is only one Everyman Project in the whole of London, which I think needs to be addressed. I think there should be an Everyman at every borough and every town; I think there is definitely the need for it. I don’t think there is anything about the group that I would change; I thought the group really worked well . . . The exercises were great, the handouts were good and clear and well written and the individual sessions were excellent and I benefited from the whole experience. I didn’t have to wait a long time to get started and to be put on to the group . . . there is no reason for me to criticise the good work the project is doing, obviously if we had better premises and nicer place to come to would have been great, and that was very diYcult at times having such small rooms, but I realise that the project has limited funds and that is not always possible. My life was an absolute mess and I was going towards complete self destruction, but I was saved by my experience at Everyman and I wish the same for many more people who I know are in desperate need of such a help by such an organisation”. March 2008

APPENDIX 72

Supplementary memorandum submitted by The Association of Directors of Children’s Services

Forced Marriages and “Children Missing Education” Thank you for the invitation to give oral evidence to the Committee on 25 March, in addition to the written evidence already submitted. I hope you and members of the Committee found it a useful session. During the discussion, I committed to responding further in several respects, and this letter does that. The Association of Directors of Children’s Services would be pleased to respond to any further questions, if that would be of assistance to the Committee. We will also continue to work closely with DCSF oYcials and have initiated formal contacts with the Forced Marriages Unit. There are two fundamental problems with dealing with forced marriages; the first is the very considerable familial and societal pressure on young women to conform with parental expectations; and the second is the complete family disruption that is likely to ensue once the statutory agencies become involved. (I am aware that forced marriage is not simply related to young women, but they are the largest vulnerable population.) Both of these factors are likely to lead to unwillingness to raise complaints both before and after the fact. The emphasis therefore has to be on prevention through education and publicity; through personal, social and health education, through sex and relationships education, and through pastoral support; and through community education more generally. Local Safeguarding Children’s Boards have put in place multi-agency training and awareness-raising for children’s services professionals, including school and college staV, police, and social workers, as well as voluntary groups. This includes elements on the warning signs relating to potential forced marriage, and on how to deal with disclosures, whether direct or indirect. Good practice has been developed locally around issues such as extended leave. The national guidance for education professionals, for social care staV, and for the police, is locally referenced and accessed where necessary. I know that Jim Knight MP, Minister of State for Schools and Learners, is presently leading a review of sex and relationships education, and I am sure that the issue of forced marriages will be further considered during that review. Some of the publicity materials produced nationally have been criticised, and I would recommend that Local Safeguarding Children’s Boards be encouraged to work with appropriate local groups, including representative young people, to design locally-customised publicity materials. With regard specifically to young people over the age of 16 and up to the age of 18, that is, still falling within the statutory definition of “children”, the existing tracking mechanisms are aimed primarily at securing their engagement with education and training, rather than safeguarding. Those young people who attend sixth forms or colleges will generally be supported appropriately. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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As the provisions of the Learning and Skills Bill related to raising the age of participation in education and training are implemented, there will be fewer young people who do not attend school or college, or employer-based training. And local authorities will maintain a database of these young people, in order to implement their duty to secure participation. This database could be used to identify young people who have “gone missing”, and might be subject to forced marriage. But again this would be a post facto solution. In collating information on Children Missing Education for the written and oral evidence, I have been impressed with how much detail is available from diVerent local authorities, and how much analysis has already been undertaken. Colleagues from Bradford will write separately with further details of their analysis, but the level of information, and internal checking and triangulation, gives considerable cause for reassurance in an inherently diYcult area of work. All 14 of the local authorities, and others to whom I have spoken, are confident that relatively very few children who are not receiving an appropriate education are at risk of forced marriage. That is not to say that it does not occur, neither is it to say that these local authorities are complacent. Since the meeting of the Committee, I have checked further with the 14 named local authorities, and within my own authority, Dudley, which has a significant minority population, and can confirm that the casework relating to forced marriages presently in hand (as of 28 March) in these 15 local authorities is limited to the following four cases: 1. A girl, A, below the age of 16, taken into Council care following self-disclosure of fear of being taken abroad for purposes of forced marriage. 2. A girl, B, below the age of 16, subject to a multi-agency case conference following concerns raised by a third party about the possibility of forced marriage. 3. A girl, C, aged 17, in the care of a Council, who went missing from foster care and who has not been traced, but is thought to have left the UK. 4. A girl, D, aged 16, now returned to the UK from an extended holiday, who has been reported to have been subject to forced marriage. Each of these cases has been properly followed up with social care, the police and the FMU as appropriate, although the cases are still live. Most of the local authorities have reported that there have been no live cases during the last year. No local authority has reported more than three live cases in the last year. Of course, this is not to say that there have not been any more cases of forced marriage than this; only that these have not been disclosed or otherwise come to the attention of the local authorities. These figures do not sit easily with the FMU estimate of 250 cases per year, together with many other cases resolved without reference to the FMU, and yet others not reported at all. And I am aware that there is other evidence, for example from the Luton study, of greater numbers. There are several potential explanations for this apparent discrepancy, perhaps the most obvious being that it is not clear how many cases within the FMU estimate relate to children under the age of 16, and young people between the ages of 16 to 18. I proposed in my oral evidence that it would be helpful for all concerned, not least local authorities and their local partners in the statutory and voluntary sectors, for some action research to be undertaken on the underlying facts: — At a statistical level, it would help to know the ages of the young women known to the FMU as having been at risk of, or suVering, forced marriage; their home location; the country in which the forced marriage was threatened or carried through; any specific vulnerabilities such as special educational needs, or disabilities; and the outcomes for the young women concerned in respect of family reconciliation. — At a case study level, it would be helpful to analyse, for a sample of specific cases: — what the local authority, school or college, and other local agencies knew, and when; what action was actually taken; and the eVectiveness of the action; and — what the local authority, school or college, and other local agencies could or should have known in advance, and what further action could or should have been taken, and by whom, that would have been more eVective in securing better outcomes. — On preventative work, it would be useful to collate and disseminate examples of good practice. I would hope that this research work could be carried through fairly rapidly. Most of the statistical information should be available through the FMU, and most of the material for the case studies should also be to hand. The Association of Directors of Children’s Services would be pleased to collaborate with such a research programme, although it would probably need to be led by either DCSF or FMU. It may well be that the national guidance could be updated in light of the research; again the Association would be pleased to be involved in that process; indeed one of our predecessor organisations, the Association of Directors of Social Services, contributed to the 2005 guidance. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Thank you again for the chance to contribute to the debate. We are committed to acting to prevent the human rights abuse of forced marriage so far as is possible, and to deal sensitively and appropriately with its aftermath, where prevention is not possible. John Freeman Joint President March 2008

APPENDIX 73

Memorandum submitted by Bradford Council

Holiday/Extended Leave in Term Time — A total of 279 pupils, in Years 7 to 12 had at least one session of absence due to Family Holiday/ Extended Leave –in the 4 week period from 25 February to 20 March 2008. (Note: 1 session is half a day). Data was collected from 21 out of the 29 Secondary Schools in Bradford. — We request this from all schools but not all provide it (they make returns to the DCFS). — The key point to note with reference to the Committee’s concerns is that all schools notify us of all pupils who do not return when expected from family holiday/extended leave. — The 279 pupils represents 1.3% of the population of these schools.

TOTAL NUMBER OF PUPILS BY GENDER FROM EACH SCHOOL

Total Female Male Pupils 41418 22 11 11 22 257 81422 224 14 14 14 14 28 9514 61016 8311 8311 4610 51621 5712 66 88 4812 6915 10 11 21 415 132 147 279

NUMBER OF PUPILS BY YEAR GROUP AND GENDER

Year Group Female Male Year 7 22 31 Year 8 33 32 Year 9 32 26 Year 10 22 30 Year 11 13 19 Year 12 10 9 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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NUMBER OF PUPILS BY ETHNICITY AND GENDER

Ethnicity Code Meaning Female Male total percentage AAO Any other Asian Background 8 5 13 4.7 ABA Bangladeshi 3 4 7 2.5 AIN Indian 6 10 16 5.7 AMI Mirpuri Pakistani 16 22 38 13.6 AOP Other Pakistani 31 26 57 20.4 BLB Black Caribbean 1 1 2 0.7 BLF African 0 1 1 0.4 CHE Chinese 0 1 1 0.4 MOT Any other Mixed Background 1 1 2 0.7 MWA White/Asian 1 1 2 0.7 MWB White/Black Caribbean 1 1 2 0.7 NOT No information obtained 1 0 1 0.4 OEO Any other ethnic group 3 2 5 1.8 WHA Any other White background 4 3 7 2.5 WHB British 56 69 125 44.8

— Of the 279 pupils, 189 took Holiday/Extended Leave with the agreement of the school. — 90 pupils took Holiday/Extended leave without the permission of the school or days in excess of the agreed number of days.

NUMBER OF SESSIONS MISSED

No of Sessions of absence No of Pupils % Pupils 1 to 9 sessions 132 47.31 10 to 19 sessions 112 40.14 20 to 29 sessions 29 10.39 Over 30 sessions 6 2.15

BREAKDOWN BY LENGTH OF ABSENCE SHOWING NUMBERS BY GENDER, AGED 16 OR MORE AND ETHNICITY

Number of sessions absence due to holidays/extended Number of Number of 16! Number of Number of 17! leave (1 session % 0.5 of a Number of female females who are females who are of females who are females who are of day) students 16 or older SE Asian heritage 17 or older SE Asian heritage 30ormore30000 20ormore182200 10ormore7111343 1ormore13213563

Number of sessions absence due to holidays/extended Number of Number of 16! Number of Number of 17! leave (1 session % 0.5 of a Number of male males who are males who are of males who are males who are of day) students 16 or older SE Asian heritage 17 or older SE Asian heritage 30ormore30000 20ormore173300 10ormore768510 1ormore14715852

March 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 74

Memorandum submitted by Relate

Main Points for the Attention of the Committee — Relate brings a mainstream perspective to the issue of domestic violence and abuse and we hope that this will be a useful viewpoint to add to others that the Committee have heard. — One of the blockages to progress in addressing the problem is that despite the valiant endeavours over many years by workers and campaigners within the specialist domestic violence sector this has not spread to the mainstream of society or of service providers. — It is crucial to take a long term, systematic holistic approach to achieving change. Ellen Pence, one of the leaders in the specialist field, has said that we are about 20 years into a 100 year project. Government action needs to encourage sustainable initiatives. — We in the voluntary sector need to embrace a multi agency approach that provides a network of eVective support to vulnerable adults experiencing domestic violence and abuse. — We also need to respond eVectively to those who use violence and abuse against partners or ex partners so as to help them recognise the harm caused by their behaviour and choose to change. — The need for action is urgent. UNICEF recently estimated that nearly a million children in the UK are exposed to violence to their parent or carer. These children and young people are the hidden victims and they suVer long term eVects.

About the Submitter — This submission is being made by Rose Mary Owen who has lead role for Relate on Domestic Violence/Abuse and Child Protection. — Relate has over 60 years experience of being the largest provider of relationship support in the UK. We deliver relationship counselling, education and sex therapy to individuals, couples and families in over 600 locations nationwide as well as by phone and online. — Relate works with 150,000 people a year, including 9,000 families and 22, ooo children and young people. We work preventively with Children’s Centres, schools, surgeries, prisons and in 600 local outlets. — For approximately 30% of our clients, domestic violence is an issue in their lives. — The Big Lottery Fund and the Home OYce have supported our 3 year Domestic Violence & Abuse Recognition and Response project. The new models that we are developing and trialling are being evaluated by the University of East London and will be transferable to other mainstream providers for instance to GPs and Social Workers and Talking Therapy providers. — With funding from DCFS, we have recently produced a report on the development of Domestic Violence Prevention Programmes (for those who use violence and abuse against their ex/partners) in association with three of our Relate Centres. We have also produced a good practice handbook on this new development Bridging to Change. — Inter-agency working relationships have been a crucial factor in all our developments in this area. Key examples of this at a national level are the Greater London Domestic Violence Project and Respect.

Recommendations Resource the development of co-ordinated community response to domestic violence and abuse. The government’s National plan to address domestic violence is a good start but it needs driving with targets and accountability not only across statutory and voluntary sectors but also across all government departments. This needs to led by an independent body for instance by emulating the successful model of the Greater London Domestic Violence Project at a national level. March 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 427

APPENDIX 75

Supplementary memorandum submitted by Imkaan

1. The types of services that help women from BAMER communities to flee violence

Outreach services Outreach services provide a crucial lifeline to the vast majority of women who may not want to or be ready to leave violence situations—it’s a key transitional service for many women. For BME communities specialist BAMER outreach services are even more crucial given that we know from research and experience that: — BME women are more isolated—less likely to know about or access mainstream services and more likely to access services that they can identify with. — BME women are more likely to endure violence for longer periods of time and experience post- separation violence, eg violence, threats as a consequence of child contact arrangements— outreach is life-saving eg research into women’s outreach services found that 46% of BME women who contacted the outreach service were living with their abuser at the time—and the research found that 90% of those women left—which clearly highlights the eVectiveness of these services. — A woman victim of domestic violence has on average 11 contacts with agencies before getting the help she needs—this rises to 17 if she is black. — We know that BME women are more likely to underuse refuge services. Outreach helps in the following ways; WOMEN can build trust with external agencies Access information on what help is available in a safe and confidential way, and find out what their options are. Help with the process of decision making and make plans to exit violence safely rather than leaving when the violence escalates to dangerous levels. It enables women to access non-judgemental support that may help them in their decision to leave at a later point whilst they remain with the abuser. There are only seven South Asian specific outreach/floating support services (one is specifically for Bengalis)—and one drop-in advice centre yet there is an assumption that there are too many services for South Asians in London. These services are not funded under Supporting People but are key to domestic violence provision and existing services. For example, BME women are more likely to require access to emergency overnight accommodation but this aspect of a service is not recognised as part of SP funding assessments. In many situations they are being replaced by generic floating support services that do not cater for the needs of diVerent BME communities—floating support also focuses mainly on housing related needs eg maintaining tenancies rather than providing practical and emotional support. The impact of losing outreach provision and not allocating adequate funds towards it has already been seen but in two years from now we will be able to really count the cost in terms of other services being demanded ie, emergency A&E and police and of course levels of violence and repeat violence.

Other types of services that are needed Overall there is a need for more holistic and preventative approach to service provision in each Borough— By this we mean an approach that focuses on providing information and support whilst women are living within the violence, access to safety at the point they may decide to leave, advocacy and representation at the point at which they need to access welfare benefits, housing, legal advice and training, support groups, therapeutic support and ongoing resettlement work to help them rebuild their lives and stay out of the violence. The current picture of services for BME provision is patchy and fragmented and very much depends on which Local Authority you are in—Funding is short-term and has been cut as a consequence of SP. Research has highlighted that one in 10 Local Authorities has a specialist BME service. There is also an approach from oYcers that is now discouraging the need for BME refuge services. Services are focused more on the CJS process without adequately resourcing services that are needed to help women make decisions about whether to pursue criminal or civil action—we know women prioritise safe housing over and above anything else when they leave eg courts, MARACS—courts will be doubled by 2011 but only 24% women report to the Police and within that fewer numbers from BME communities— MARACS also only deal with a smaller number of high risk cases—again help is being focused on at crisis Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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point rather than through a more integrated, community based approach which is not a useful long-term solution to the problem. Sanctions need to be in place through the law however they are being prioritised over mechanisms that create the space for women to leave and rebuild their lives. — For example, at NAWP 1990 we did a survey to explore how many women go back—we found 80% over a year had gone back to perpetrator—we then developed the resource centre, training, youth work, support groups, counselling within the refuge and at the RC in 2000—10 years later I did the same survey we found that 20% went back. EVective community development work is essential apart from advocacy support a self-help groups; community events, courses around personal development are crucial—eg women who have left invariably loose all of their familial and peer networks and are extremely isolated— health days or international women’s days, personal development classes may not sound profound but are vital services to help women see that they are not alone and harness strength to recognise and acknowledge what they have been going through. Specialist Advocacy—We now have specialist IDVAs who again only work with women who have reported to the Police and also lack specialism around BME issues. Again this approach focuses on a smaller number of high risk victims who have reported to the Police. We need to retain specialist advocacy for the vast majority who have not yet reported to the Police but need support to access information and support on an ongoing basis eg accessing legal advice, counselling, help with negotiating with Social Services or Housing Departments. Resettlement—Women often feel isolated once they leave a refuge and need structured support to readjust into new communities and regain confidence to live alone—it’s much more than housing related support, helping to sort out bills etc. For a woman who has never been on the bus alone this type of support is vital. Culturally-specific counselling services are non-existent and not funded under SP yet vital for women to be able to deal with the trauma of past/ongoing abuse as well as giving them the tools for building future positive relationships—eg one service ran a very eVective service for women as an add-on to their resource centre—it also helped with child care arrangements—the service was cut and now women have been put on a GP waiting list which is taking weeks and in some cases months— women are now coming back to the service saying we don’t understand what the Counsellors are saying. If you also consider the high numbers of women from BME communities who have been sectioned and are suicidal as a consequence of DV then the need for services that address mental health needs are crucial. Access to community-based skills-building, training and employment courses as an ongoing part of service provision is an important aspect of providing a holistic service. Many women may have missed out on formal education opportunities, lack the confidence to access mainstream provision and therefore require access to these opportunities via community groups. Community-based outreach in schools, in communities to raise and discuss issues around familial violence is also key to tackling these issues in a more preventative way—prevention is cure. For example—Youth-work in schools At Newham Asian Women’s Project (NAWP) they carry out targeted work with young people—workers approached young women in the street, to then talk to their friends and to get them start thinking about what they would need—they then ran sessions in schools, local youth centres and at the Resource centre. What started as a broad support project for young women developed into a project working on critical issues such as child abuse, self-harm, family conflict etc. Most importantly this work was done without using labels of forced marriage or honour based violence—through working with five schools they reached 605 young women to actively attended the sessions. These discussions are crucial in engaging with young people to help them to start having discussions about what is going on in their lives and what their future might look like. We feel that initiatives that address issues according to labels and targeted at specific communities are in danger of alienating young people eg FM posters within schools has the potential for leading to racist stereotyping and bullying within schools. In contrast generic posters around family conflict, abuse and bullying whilst providing a safe space for young BME women to come forward would be more helpful—a specific poster would further isolate a specific group of young women especially Pakistani Muslim—given current levels of Islamophobia this would further damage communities that are already under attack. In that context we are not surprised that schools will not put it up as they will be accused of racism and cultural insensitivity. — Better social housing provision and housing policies to help women move-on. Support with women with no recourse to public funds: There are large numbers of women and children that are being left destitute and within violence because of the nrpf rule. Data from a recent Imkaan report (A Duty to Care?) indicates that from 10 organisations 429 women approached services but 91% could not be housed and so were left destitute and in danger. As well as being homeless a number of these women are being left with significant mental health problems as a consequence of not having access to safe housing and because of a fear that they will be deported. Workers told us of women being suicidal, having eating disorders, health problems as a consequence of a lack of food and shelter. In one case, the woman did not acknowledge/understand she had received indefinite leave to remain by the time the case was processed and had to be sectioned at one stage whilst waiting for information from the Home OYce. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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2. Are the needs of BME women diVerent to those of non-BME women?

Experience of racism

Ultimately the needs are specific rather than diVerent—the most important diVerence is that BAMER women experience racism and this dictates the level of support they can be oVered by mainstream services— and highlights the need for specialist support. This issue has been well-documented over the years. I want to share a quote with you, in the words of a young woman,—she said “please don’t send me to a white refuge”, she was unable to stop talking about the abuse that she had been through, she said that when she talked to other women from the Asian women’s refuge they took her experiences on board but in a mainstream refuge where she had also stayed the women were racist and stereotyped her and her culture, she found that unbearable. Workers not intervening in the use of the word Paki from one resident to another, prayer mats being stamped over—some of this racism stems not only from external agencies but also from other women in the refuge. Furthermore, there are clearly some diVerences around culture, language, experience and history, safety needs, and family and community dynamics. BME women need access to additional advocacy and outreach and refuge services. There are mainstream services which are being resourced and perceived as good alternatives to refuge and other sorts of provision eg there is no evidence to suggest that Sanctuary schemes work for BME women—and we are aware that many BME women would feel and be safer leaving their home rather than having a secure room in their house. OUR RESEARCH AND EXPERIENCE SHOWS THAT WOMEN WOULD CHOOSE TO ACCESS SPECIALIST SUPPORT—IT IS NOT ONLY ABOUT THE SPOKEN LANGUAGE IT IS ABOUT HAVING SOMEONE YOU CAN CONFIDE IN THAT UNDERSTANDS THE LANGUAGE OF YOUR HISTORY, EXPERIENCE AND COMMUNITY AS WELL AS AN UNDERSTANDING AROUND VIOLENCE.

3. Are there too many services for South Asian communities?

There is a strong perception that there are too many services for South Asian communities. There are not and in fact some of the South Asian services that have been fought for are now being lost as a consequence of SP—a lot more work needs to be done and yes its true there are other communities that are in dire need including Eastern European communities, Chinese communities—women with diVerent needs eg disability and/or sexuality (one service in London for Irish travellers; one outreach service for Chinese women in London, there is one generic outreach service in London that oVers amongst others, a Bosnian, Croatian, Serbian, and German language service, there is an increasing need for support for Somali and Tamil communities. There is an evolved support structure for Asian women which has taken over 20 years of community development work and which has been defined by the Asian women’s community itself and it also entails raising diYcult issues within communities, campaigning, arguing for the need for specialist services. We have now got to the point where more Asian women are coming forward but much more work needs to be done. We have a history of organising ourselves and asking for what we want and we need to empower other communities to do that. When our parents migrated to this country they were isolated, not assimilated, they were on the outside looking in, they organised themselves as a community built networks social and practical. We have a culture of getting what we need when it is to supporting those in need of help; it’s in our history and culture our blood, what we know to do. We are being rejected and that feels familiar as our parents were too, so we know how to organise support even when we are not wanted. Without creating this foundation by funding eVective community-based and outreach services women from other communities will not come forward—new migrant communities from areas of conflict will not be confident and be suspicious of authorities because of their past experiences—if you don’t provide appropriate and targeted pathways (not within a generic BME framework) it will not work women will not come forward. WE HAVE A HISTORY OF ESTABLISHING SERVICES AND RAISING ISSUES IN OUR COMMUNITIES AND THERE ARE SOME PARALLELS THEREFORE EXISTING BME WOMENS AGENCIES NEED TO BE INVOLVED, RESOURCED AND SUPPORTED TO SET UP SERVICES FOR OTHER COMMUNITIES. WE NEED A SPECFIC STRATEGY NOT ONLY ON VAW BUT ONE THAT FOCUSES PURELY ON THE NEEDS OF DIFFERENT BME COMMUNITIES—NOT AS ONE HOMOGENOUS GROUP. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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4. Greater cultural /religious sensitivity amongst mainstream service providers? The McPherson report was a key step in Equality have been trying to make mainstream services understand/train and promote good race relations. A really significant point to look at here is the term generic...wegenerally tend to make the assumption that when the term generic is used that it means that something is open to everyone, we would probably say that a generic service is specialist service for people who are able to speak English—so when we ask for specialist service we are not asking for extra services actually just the same level of service provision. Ensuring that specialist services exist and worked alongside the mainstream would ensure that you provided services that were culturally and religiously sensitive. We are at least a generation and a half behind until them there is a dire need for specialist services. THIS IS PARTICULARLY THE CASE FOR REFUGE ACCOMODATION SINCE OTHER REFUGE USERS MAY WELL BE INSENSITIVE TO ISSUES OF RACE, CULTURE AND RELIGION. ALONGSIDE THAT YOU NEED TO COMMISSION AND RESOURCE EXISTING BME SERVICES THAT HAVE THE EXPERTISE AND HISTORY TO WORK IN PARTNERSHIP WITH MAINSTREAM AGENCIES AND IMPROVE THEIR UNDERSTANDING OF THE SERVICE NEEDS FOR WOMEN FROM BME COMMUNITIES—HOWEVER THAT UNDERSTANDING CANNOT BE REACHED BY TRAINING ALONE HENCE YOU WILL ALWAYS NEED A MIXTURE, CHOICE AND DIVERSITY OF SERVICES—MAINSTREAM AND SPECIALIST.

5. Impact of Supporting People on BME women’s refuges? The ironically named SP programme was brought into simplify funding arrangements for housing related support and we were hopeful that the policy would recognise the reality of what is needed to support and empower women and children. Unfortunately, SP for us a sector has led to; LAs have had their budgets cut incrementally which in turn has led to refuges having services further cut and losing services such as children workers, counselling or outreach services which have also not been recognised as part of SP. Commissioners now prefer to contract with large super providers to provide services to all women—this is disproportionately impacting on specialist services who are being told to merge, dilute their services and become essentially more mainstream. SP oYcers—why in this day and age do you need specialist refuges— why don’t you merge with generic refuges, commissioners don’t understand the value of women-only spaces and the range of preventative and crisis based support that women’s groups oVer often unfunded—specialist services are being tested on how mainstream their services are and are getting targeted for merger if they are not considered generic enough which totally contradicts the reason for their existence in the first place. Refuges receive over 60% of their funding from Supporting People and along with reductions in grant funding this is having a huge impact on their future survival. The cuts have led many groups to delivering a hostel type service where they are then unable to access funds for key aspects of their service eg help a woman with understanding her legal rights, going to the doctor, attending court about child contact arrangements—as much as you need refuge a roof over your head, you need the other services to enable you to move on with your life and eVectively live free of violence outside of the refuge—ultimately it would provide more VFM to have co-coordinated services in place that may be more costly in the short-term but help women to stay out of violence—in the long-run this would save the government money. ALL OF THE GROUPS WE SPEAK TO ARE UNDER PRESSURE TO MERGE—IN THE LAST TWO MONTHS WE HAVE BEEN WORKING CLOSELY WITH ANOTHER FOUR GROUPS WHO ARE CONCERNED THAT THEY WILL NO LONGER EXIST OR BE REDUCED TO A SMALLER NUMBER OF BEDSPACES WITH ONE OR TWO BME WORKERS WITHIN A MUCH LARGER GENERIC PROJECT WITH NO INPUT IN HOW THE SERVICE SHOULD DEVELOP- BRADFORD SP HAVE APPRECIATED THE NEED FOR HAVING SPECIALIST SERVICE AND DIFFERENT PATHWAYS TO CARE FOR BME WOMEN ALONGSIDE MAINSTREAM AND WE URGENTLY NEED HELP FROM THE GOVERNMENT TO GET OTHER LAS TO FOLLOW THAT LEAD. SP funding is now being pooled into Local Area Agreements (LAA’s) Each LA will need to adopt national indicators set by the government—previously there were 11 measures which included the need for refuge provision amongst other targets bizarrely his has been replaced by two targets preventing DV murders’ and repeat victimization. This is not even one of those situations where we can say “its one step forward and two steps back—this is just several backward steps”. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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We also now seeing much more resources going into specialist DV courts, MARACs and IDVAs which we recognise as important but how can we expect women to benefit from any of these developments when the services that they need to access the CJS process are being wiped out—it will make a lot of these other interventions eVectively useless.

6. Single- issue funding—impact on the sector The minister of communities approach is in direct contradiction with the principles of SP, policies around involving the third sector to deliver public services—but both policies are both eVectively helping to eVectively WIPEOUT long established women-led BME SERVICES and replace them with generic services that aim to meet the needs of all—you cannot meet the needs of all in a one size fit all approach—in fact these services will eVectively become more basic and less accessible to hard to reach communities. The single- issue funding approach is not being understood at a local level and Central Government needs to make this issue clearer as groups are being targeted for decommissioning and merger as a consequence. For example—we are working with a group in Nottingham on their SP funding—Commissioners have told them that there is no longer any need for services for South Asian women as (in their words) these women have moved on compared to new migrant communities and don’t need specialist help—this is despite the refuge being full and having to turn women away—more alarmingly these decisions and assumptions are being made about community need without any real consultation or assessment with the women accessing this service. This project has been told that one of the reasons for potential closure is the Government’s stance on single-issue funding. There appears to be a blanket policy operating within SP teams across the Country where equality principles are being undermined eg services are being told you need to provide services for all but ironically it is the BME service that’s get singled out as not being generic or mainstream enough e.g south Asian women’s refuges are secular—they work with women from diVerent religious backgrounds and have a history of strengthening links between diVerent communities. Another recent situation is that of Jewish WA who went to London Councils grants meeting to get feedback on their application for funds. At this meeting Councillors said that according what are the Government are saying we should not fund single issue groups like this . . . that was pretty bad, but unfortunately he went on further to say that Jewish women do not experience DV and that they are wealthy anyway so they can pay for their services. OVERALL THE SINGLE ISSUE FUNDING IS BEING MISINTERPRETED BY LOCAL AUTHORITIES AND GRANT FUNDERS—in eVect both SP AND CC are serving to create another layer of mainstream services by cutting the specialist routes that women need to access mainstream services and support—without this we will see more women remain in violence in years to come—that will be a costly mistake and one that BME services will have to pick up in the future. GUIDANCE FROM GOVERNMENT IS BEING USED TO SHUT DOWN AND MAINSTREAM ANY SERVICE THAT CATERS FOR SPECIFIC COMMUNITIES. IN SOME AREAS THIS MAY BE THE ONLY SERVICE THAT IS AVAILABLE TO THESE WOMEN AND CHILDREN. THE GUIDANCE IS BEING MISINTERPRETED BY LAs AND OTHER GRANT FUNDERS.

7. Criminalising forced marriage WE DO NOT AGREE WITH THIS PROPOSAL. OUR MEMBER ORGANISATIONS WHO DEAL DAILY WITH FORCED MARRIAGE CASES REGARD CRIMINALISATION AS A STEP WHICH WOULD WEAKEN NOT STRENGTHEN WOMEN’S POSITION. Experience tells us not to look only to institutions of criminal law to improve the life of a BMER female who is victimised by gender-based violence. Like in other cultures there is a power imbalance—it is by strengthening the women that you try and realign that balance—by a sole focus on law against violence against women you will not address violence and abuse. The provision for taking out injunctions already exists under the Family Law Act 1996 (FLA). However the number of injunctions taken out in Forced Marriage cases is extremely low (see Imkaan’s first Consultation), with women asking for support services and safe housing rather than injunctions. In our view, Section 63 D of the proposed Bill, which provides for specific orders for injunctions on FM, is highly problematic. On the one hand, it does not provide anything new to women resisting FM (they can use the existing provisions in the FLA); and on the other hand, as we discuss below, it could have a detrimental eVect on domestic violence policy relevant to FM, and could also pose a number of practical problems. The concerns of our member organisations can be summarised as follows: — The process of leaving a situation of violence is daunting enough without the additional burden of making a decision about taking legal action in the form of an injunction. Since injunctions are often breached, they are associated with a lack of safety. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Emotional bonds within BME families can be extremely strong. As a result, women resisting forced marriage do not usually want to subject their parents to penalty under the law because they do not want to create deep and permanent rifts with their families. Evidentially there are problems in how eVective law will be; — Currently, and particularly without a definition of Forced Marriage, it is unclear what will constitute evidence of coercion. Eg coercion can be very subtle but not be acknowledged by the woman as forced. — Young women, particularly from an Asian background, may find it frightening, diYcult or be unwilling to give evidence in court against family and friends. — How would evidence be found in the case of several perpetrators? We need to raise awareness and empower women around these issues to prevent forced marriage—this will save resources the numbers of forced marriage are few enough to work on a preventative and community strategy. Women need to access safety before they make life decisions that impact on their lives, severing links from their existing communities, considering the potential dangerous consequences from reporting—we question whether the law will be used eVectively without eVective services in place—there is still only one specific holistic support service for young Asian women in the UK. Furthermore there is a focus on FM and stereotyping of it as a South Asian, Muslim issue—eg A CPS representative has quoted that there are hotspots between forced marriage and Muslim areas—this will further alienate communities rather than encourage women to seek help. FM does seem to occur where traditional parental values are strong, we would be much better oV the work on early intervention, prevention, educating communities rather than a wholly punitive approach—by taking this approach you are not dealing with this issue in a long-term way and tackling gender relationships, control and power within family settings.

8. How representative is Imkaan?

Imkaan is the only national second tier organization in the UK and the concerns we present are those of over 40 BME service across the UK. We do not speak as one agency but as a coalition of a number of diVerent organizations who deal with cases day by day of child abuse, violence within the home, forced marriage etc—who have input into our consultations on forced marriage eg we consulted with 25 groups as part of the FM consultations, on the submission we made to this enquiry (again over 20 groups were involved)—in eVect we are a member led organization in terms of the work we do and the issues we raise locally and nationally.

9. Impact of the community cohesion debate on member services?

The Community Cohesion debate is leading to commissioners to not understand the need for single issue funded groups, government policies are being undermined and there is little understanding around how a number of BME groups operate in a secular way which has in fact contributed to the principles of community cohesion for many years. The Community Cohesion debate is undermining regional diVerences in service and community need. It is an approach which is isolating Muslim communities’ eg in the case of focusing on honour violence and FM—this is leading to a narrow view and one that is separating communities within communities not building communities but on Muslim working class communities and on parts of the North again that don’t reflect reality of what is taking place across the Country. It also gives an impression that this is solely a Muslim Pakistani issue (this is dangerous and is now being reflected within commissioning processes and policy decisions). Despite this CC appears to support another trend whereby services are being commissioned according to religion—this cannot work in practice as the cultural background and experiences are very diVerent between a Bosnian Muslim than a Punjabi Muslim. Examples used earlier eg Nottingham and a group we have worked with in Manchester are some of the casualties of the CC debate—although the Manchester group have managed to survive only through standing their ground and spending enormous amounts of time challenging and negotiating with their LA very few are in a position to do this. Organisations should not be put into this position when they need that time to carry essential life-saving work. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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10. The extent of forced marriage in BME communities Forced marriage does occur in other communities and within the broad context of violence against women not as an isolated feature eg In some cases the perpetrators of FM might start oV a subtle request which may turn into violence, emotional blackmail and bullying and murder—some parents may believe they are doing it in the best interests of children and believe that it is in their wisdom to make these decisions. The underlying issues are around power, control, violence, gender relations and coercion (FM is one aspect of this; one proportion involves a number from abroad). This then could lead to a range of other violent acts whether this is child abuse, extreme violence, rape, murder etc, as well as the impact in relation to self- harm and suicide. There are gaps in current statistics: FM stats from the Unit indicate that South Asian communities are most aVected this does not reflect reality of the situation. The service structure and history is not there for other women from other BME communities, anecdotally we know that this is an issue that impacts on other communities other Asian communities other SA communities other than Muslim—Chinese, Eastern European, Somali etc. as is DV a feature of these communities —overall we are aware that less women from other BME come forward for services. The issue is not routinely recorded by statutory agencies, few have implemented FM guidelines and services do not exist that would encourage others to come forward. FM (as well as honour-based murders) are also not the dominant issue and has been misrepresented as the sole source of concern by policy makers, some agencies and the media. It must be tackled within the broader violence and abuse that BME women and children experience otherwise the strategies for service intervention and will remain ineVective and fragmented as they are now.

11. Is forced marriage mainly an immigration issue? No — What are the implications of using immigration controls to tackle forced marriage?

12. Do you agree with raising the age for sponsoring a spouse from abroad? Why? In our opinion, an increase in the minimum age at which someone can sponsor or be sponsored as a spouse would be racist and discriminatory towards minority ethnic communities. This policy will unfairly discriminate against minority groups by eVectively imposing a higher age for marriage with a chosen spouse than applies to the majority of the population. 1. In 2004, the minimum age at which someone could sponsor or be sponsored as a spouse was raised from 16–18 years. No analysis has been attempted or data published to show what, if any, impact this increase had on reducing the numbers of forced marriages, or whether it brought any other advantages to ethnic minority communities—particularly to young people in those communities. 3. The increase in the age of sponsorship could lead to young people being taken abroad and kept there for long periods of time—ie, until they turned 21. This would lead to these young people missing out on a life in the UK, and possibly even losing their freedom, for an even longer period of time than they do now. 4. The financial cost to the state will be greater for assisting people who have been traumatised over a longer period of time due to the raised age of marriage. This cost will be both obvious in terms of care and rehabilitation and invisible as loss of productive workforce for the economy. 5. One of the reasons given in the consultation paper for the increase in the age of sponsorship is that the additional time will give the spouse’s time to educate themselves and settle in. We are not convinced why this condition should only apply to people wanting to marry foreigners. The assertion in Section 2.10 on page 6 blatantly perpetuates racism towards minority communities, and could also be interpreted as ageist.

Recommendations to Protect the BME Sector — An integrated campaign that addresses an reinterprets issues of honour, forced marriage, child abuse, violence etc but within a broader remit of VAW and with resources for eVective outreach, awareness raising within BME community centres, schools etc. This work needs to be developed and led by existing organizations. — An integrated cross-departmental VAW strategy and within that a strategy that focuses on the needs of BME women and children (an integrated strategy rather than isolated action plans eg the proposed national action plan on FM)—there should be a national advisory body made up of representatives from the BME women’s sector which feeds into this process and directs national policies. — Ring-fence funds for Violence Against Women (VAW) services and BME/other equality services. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Develop minimum standards and guidance for Local Authorities which highlights services that are required—preventative work, refuge provision, outreach, advocacy, self-help groups, therapeutic service, specific work with BME, LBGT, etc. and has best practice approaches around service delivery. — Each LA and other funders need to conduct equality impact assessments (to include eVective consultation with service users)—gender and race on all services provided plus those that have been withdrawn/decommissioned—this information should be publicly available. — Commission the women’s sector and BME women’s sector to train and develop guidance for commissioners and other funders on service needs, gender and race issues and the added value of women led BME services. — Re-evaluate the commissioning process to reconsider the ways in which services are assessed on the basis of VFM and unit cost criteria only. — Call for a public enquiry into SP and Community Cohesion policies and their impact on the sector—a need to look into the parts of the policy that are in direct contradiction to other VAW strategies eg the outreach closures will lead to more remaining in violence and will hinder women from exiting violence and exercise, the closure of specialist services and the impact of this on BME women and children. — Maintain and develop grant funding streams for women’s organisations. — A need for clarity from the government on the issue of single-issue funding and guidance that makes a clear statement about the need for commissioning and retaining specialist women’s services. March 2008

APPENDIX 76

Memorandum submitted by the Association for Family Therapy and Systemic Practice in the UK

Summary — AFT is the UK’s leading professional body for people working with families in public and Third Sector services. It supports, registers and accredits trainings in systemic practice and Family and Systemic Psychotherapy. It works to develop professional and wider understandings of strength and resilience in families and supportive communities, and the importance of these to individual and social well-being (AFT, 2008). — The impact of domestic violence is felt for generations. — A large proportion of children, adolescents, adults and older adults who experience serious mental health diYculties have experienced domestic violence. — Families can be supported in recovery from its aftermath. — Despite greater awareness of “domestic” violence and its consequences, and the excellent support provided within many refuges for individual women and children experiencing the immediate practical and psychological consequences of abuse, there remains: — a shortage of professionals trained to identify risk and support family members who have experienced domestic violence. Too often, a diagnostic label is applied to adult or child distress while the background violence remains unrecognised; — a shortage of services to help children and their families recover from the long term eVects of violence; and — an urgent need to develop staV training and supervision structures supported by professionals skilled in domestic violence and family work. — As a society, we need to address urgently the impact of identified, hidden and masked trauma due to violence on all family members and across generations. We need to support family and other potentially supportive relationships if we are to protect and serve the best interests of vulnerable children, young people and adults (Cooper and Vetere, 2005; Vetere and Cooper, 2005).

1. Supporting children 1.1 Working with families can help identify children and adults living with domestic violence and/or its aftermath, and help children and adults recover and build healthier, safer relationships. 1.2 Recent research highlights the risks for children living with domestic violence (Cunningham & Baker 2004, GeVner et al 2000). A review of research suggests that 40% of children from families with domestic violence exhibit clinically significant behavioural problems in their families and/or schools (Harold & Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Howarth 2004). Children exposed to domestic violence present a variety of emotional and behavioural problems, including increased internalizing symptoms (Adamson & Thompson 1998), externalizing problems, decreased cognitive functioning and an increased risk of post-traumatic stress disorder (Rivett et al 2006). The more severe and chronic the violence, the more at risk children are; alongside the eVects of witnessing violence, children often experience abuse themselves, physical, emotional and sometimes sexual (Cunningham & Baker 2004). Children who have witnessed domestic violence are vulnerable to developing relationships in which there is violence when they become adults (Hotaling & Sugarman 1986, Newton 2001). An estimated 50% of women adult mental health service users have experienced violence and abuse as children (DoH, 2008). 1.3 Nearly one million children in the UK may be living within violent domestic contexts (Unicef 2006). Three quarters of children on the Child Protection Register in London have experienced domestic violence (London Child Protection Committee, 2006). 1.4 While a child’s distress is often recognised by referring frontline professionals, this can mask problems linked to violence within the family or other significant relationships. Many children referred to child and adolescent mental health services (CAMHS) have experienced violence in their family, yet as CAMHS are currently organised around helping children with specific psychiatric diagnostic labels (such as conduct disorder) these children’s experiences of violence and its eVects (including parental mental illness) are often overlooked (Rivett et al, 2006). 1.5 Children may need the help of highly trained practitioners to talk about their experiences, fears and feelings, especially if they are confused, concerned and/or fearful of expressing disloyalty to one parent. A child who does not go to school, for example, may not have the words, security or understanding to explain that he fears his Dad will hit his Mum if he is not there to protect her. Viewing and responding to children or their distress as “the problem” can place large obstacles in the path of eVective support for them and the people and communities that help sustain them. 1.6 While the “bigger”, relational picture remains largely unexplored in routine assessment, child support professionals risk failing to explore whether children live in contexts of violence or fear. Neglect of these issues can leave children vulnerable to the inappropriate application of psychiatric labels and all family members without appropriate and eVective support. 1.7 In supporting children, we need also to support the relationships that sustain them (with parents, grandparents and other close and extended family members, with foster and adoptive parents and wider supportive networks) and to provide services to perpetrators (female and male).

2. Supporting women and children together 2.1 Violence against women has serious consequences for their mental and physical health and for mother-child relationships. 2.2 Abused women are more likely to suVer from depression, anxiety, psychosomatic symptoms, eating problems and sexual dysfunction (Fischbach & Herbert 1997, World Health Organisation, 2000). Around 50% of women adult mental health service users have experienced violence and abuse as children (DoH, 2008). 2.3 Violent men often hold female partners responsible for violence, while minimising its extent (Jenkins 1990, Rivett & Rees 2004). This has profound eVects on women’s self-esteem (Goldner et al 1990). Alongside physical violence women often experience criticism of themselves as partners and parents in front of their children, which can undermine their parental authority. 2.4 If the perpetrator has disciplined through fear, mothers often find it a challenge to provide discipline of a diVerent nature (Safer Families Project, 1994). When a perpetrator of violence leaves the family, another family member may become violent, often boys with their mothers. Mothers often struggle to reclaim a sense of their own agency and authority. Mothers may try to protect children by not talking to them about violence in the family (Burck 2005, Cooper & Vetere 2005). 2.5 Interventions oVered to families who have experienced violence have tended to consist of separate groups for mothers, children and perpetrators (Baker & Cunningham 2005, Jenkins 1990, Pare´ et al 2006, Rivett et al. 2006). Yet recent evidence highlights the importance of working with mothers and children together, in a flexible combination of individual and joint sessions. 2.6 Helping children talk with their mothers and receive support from them through their acknowledging of the child’s experience can be key in the important task of rebuilding relationships and supporting recovery (Burck 2005, Rabenstein & Lehmann 2000, Vetere & Cooper 2005). 2.7 As children’s coping strategies often go unnoticed during the experience of violence, helping children and parents to identify and validate these can support and develop resilience (Burck 2005, Walsh 1998, Weingarten 2003). Adults and children can be supported by skilled professionals in re-examining family and cultural beliefs and their impact, such as the gendered messages conveyed through violent interactions that can cascade through generations (Burck & Daniel 1996, Jenkins 1990, Rivett & Rees 2004). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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2.8 Safe work is sometimes possible with couples and families who have experienced domestic violence in the past, supported by rigorous assessment and management of risk (Cooper and Vetere, 2005; Vetere and Cooper, 2005).

3. Perpetrator programmes 3.1 Focused perpetrator programmes for men and women often suVer from short term funding streams, yet have long term consequences for the future health of the nation, including a reduction in violent relationships and in addictive behaviours, depression and anxiety in the child/adolescent/adult populations. 3.2 Accessible, securely funded perpetrator services can support family members and those working with families to acknowledge violence and its impact, and work towards safer, healthier futures.

4. Culturally sensitive family work 4.1 Awareness of and ability to work with families from minority cultures is essential if services are to develop ways to engage and work with minority ethnic communities and to extend support to all vulnerable children and adults. At present minority ethnic communities are significantly under-represented in mainstream services. 4.2 Centres developing culturally sensitive trainings and therapeutic services for minority ethnic children, adolescents, adults, couples and families within their communities include The Centre for Cross-Cultural Studies, based at the Institute for Family Therapy, London, and The Marlborough Cultural Therapy Centre (MCTC).

5. Thinking Family sooner 5.1 Too many children and families reach crisis point before accessing the skilled and eVective support they need, if they do at all. AFT agrees with the findings of the recent Commission for Social Care Inspection (CSCI) report on the state of social care in England, that, “Increasing financial pressures are resulting in high eligibility criteria and thresholds for access to services. Children and families are not always getting the help they need, at the time they need it”. 5.2 AFT warmly welcomes plans set out in the Social Exclusion Task Force “Think Family” reports, to encourage a whole family approach and joined up working between adult and children’s services. It hopes “Thinking Family” will now be extended beyond provision for “families at risk” to services for families and family members generally, to equip staV with skills in family work, helping them identify diYculties earlier and providing eVective support at whatever point families access relevant services. 5.3 Frontline workers need training and specialist consultation and supervision in family-sensitive working if they are to intervene eVectively and to recognise when individuals and families may need more specialist support. Access to specialist services and practitioners skilled at working with families with more complex and serious diYculties is necessary for families and for the workforce. Without it, staV may find themselves in roles they are neither trained nor qualified to perform.

6. Workforce training and supervision 6.1 We know that many professionals find it diYcult to talk to families about violence (often because they do not know what to do should family members disclose ongoing violence) and that children/parents often find it shameful to discuss. 6.2 Without robust and supportive structures of staV supervision and consultation with more highly trained professionals skilled in family work, initiatives to train workers to “talk” with services users about violence risk becoming tokenistic or even “silencing”. Many staV will have experienced violence themselves and need support to work constructively in this area. Without trainings and support, many may not have the skills or confidence to talk with children and adults about violence in ways that invite rather than close down possibilities and conversation. 6.3 AFT values the important contribution of many Third Sector services in providing relationship support, such as couple counselling. It recognises the importance of these “self-referral” services in identifying and supporting vulnerable adults and children. It hopes these services will be encouraged to develop staV understandings of domestic violence and its impact, to develop staV skills, services and supervisory structures that “think family”, and be mindful and inclusive of children and other family members. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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7. Extending family-sensitive work in Adult Mental Health services 7.1 Most AMH workers are not trained to recognise the impact of parental mental health problems on children, or the background family violence that may fuel them. 7.2 Even if children’s distress is acknowledged, few if any services are available for them until their distress has escalated ie because of high eligibility thresholds to CAMHS and other services, children have to become symptomatic in their own right before accessing support. There is clear and urgent need for “whole family” provision and trainings within the AMH system, inclusive of and sensitive to the needs of family members of all ages.

8. Multi-agency working 8.1 Families living with violence and its aftermath need the support of eVective, specialist multi agency links. This requires more than “information sharing” across service boundaries. Each service will have statutory duties, professional anxieties, and beliefs about constructive ways forward that may conflict with other agencies also working with the same family. UMulti-agency meetings, facilitated by supervisors skilled in working systemically with the “family of professionals,” are key if those competing agendas, anxieties and beliefs are to be identified and resolved so constructive and co-ordinated cross-agency working can function. April 2008

APPENDIX 77

Letter from Meg Munn MP, Parliamentary Under-Secretary of State, Foreign and Commonwealth OYce I appeared before the Committee on 25 March, with Rob Macaire and Mark Sedwill, as part of the Committee’s inquiry into domestic violence and forced marriage. I committed to write on a number of points raised in session.

Handling of the Surjit Athwal Case You asked for an account of how we handled the case of Surjit Athwal. On 22 December 1998 we learned of Surjit’s disappearance. We immediately informed our High Commission in New Delhi and asked them to make enquiries. They did so with the help of the local police, immigration authorities and relatives. While the Consular Section continued to make enquires, in early February a detailed account of the incident was received from Mohinderpal Singh Dhillon (Surjit’s father). The Consular Section of the High Commission subsequently wrote to the Indian Ministry of External AVairs about the case. Throughout 1999 we liaised closely with the Indian authorities and the Metropolitan Police. This included passing to the Indian authorities a UK police report as a formal request for them to investigate, pressing the Indian Ministry of External AVairs for progress reports, and direct liaison between the Indian and Metropolitan Police. In 2000 we worked with both Interpols India and UK to speed up co-operation and to facilitate the Metropolitan Police’s involvement in the case. We continued to press the Indian Ministry of External AVairs and registered with them our extreme concern over Surjit’s disappearance. In the following years we maintained pressure on the Indian authorities, including in 2003 supporting a request from Surjit’s family that the case be transferred to the Central Bureau of Investigation. As well as direct lobbying by the High Commission, the Foreign Secretary wrote to his Indian counterpart to support this request. In 2004 UK Ministers raised the case with the Indian Deputy Prime Minister. We continued to work with the Indian authorities, the Metropolitan Police and the Crown Prosecution Service until the case was resolved in July 2007. We are very aware that Surjit’s brother, Jagdeesh Singh, feels strongly that the service provided was inadequate. Rob Macaire, Director of Consular Services, has written to Mr Singh to oVer a meeting to discuss his sister’s case, should he feel this would be useful. We are constantly reviewing the consular services that we deliver and learning from past cases is an important part of this process.

Case Examples and Figures on Forced Marriage Overseas In 2007, the Forced Marriage Unit handled 168 assistance cases overseas. Of these cases 68% were in Pakistan and 21% in Bangladesh. However, cases were also raised in India, Yemen, Ireland, UAE, , Iran, Egypt, Spain, Sudan and Georgia. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Of these overseas assistance cases 37% involved victims under the age of 18. Fourty-nine per cent involved victims between the ages of 18 and 24 and 14% involved victims over the age of 24. Not all cases overseas involve our staV conducting a “rescue”. In some instances the forced marriage victim makes his or her own way to the Embassy or High Commission, for others assistance and support is provided over the phone. However, if the individual is not able to speak or move freely our staV will visit them, and if they wish, accompany them to our oYces. In the majority of cases this will result in us subsequently making arrangements for the person to return to the UK, including liaising with social services and refuge providers. We also put the person in touch with NGOs who provide support to survivors of forced marriage. The Committee may find the following case studies of interest:

Case Study 1—Sadia The Forced Marriage Unit were contacted by a social worker who was very concerned about 14 year old Sadia, who had been admitted into hospital in the UK with a dangerous infection of the uterus—possibly caused by an abortion. Sadia had not been to school since she was 11 and had previously been on the child protection register as there were fears that she would be forced into marriage. Sadia’s family said that she had had a miscarriage after being knocked down by a rickshaw on a family holiday visiting relatives in Afghanistan. Sadia refused to talk about what had happened to her and appeared very traumatised. The British Embassy worked with local partners to try and establish exactly what had happened. They found no medical records to support the story and no witnesses. Eventually the truth was uncovered, Sadia had been six months pregnant when her parents had taken her to Afghanistan and forced her to have an illegal abortion. She had also been forced into marriage with her cousin who had raped and beaten her. Sadia is now in the care of social services.

Case Study 2—Nazia The Forced Marriage Unit received a call from West Yorkshire Police. They had been contacted by Chris, who was worried about his 23 year old girlfriend, Nazia. Fearing the shame of their daughter’s relationship with Chris, a white friend of Nazia’s from university, Nazia’s parents tricked her into travelling to Pakistan to marry a man she had never met. When she arrived, Nazia was repeatedly raped by her husband-to-be. Nazia had also recently been diagnosed as having schizophrenia and with no access to medicine, her condition deteriorated. The Forced Marriage Unit worked with the British High Commission in Islamabad to locate Nazia and rescue her. After medical and psychiatric treatment at a women’s refuge in Islamabad, Nazia flew back to the UK. Nazia was met oV the plane by a team of social workers, based at Heathrow Airport. She was interviewed, and transport was arranged for her to travel to a local women’s refuge. The Forced Marriage Unit then ensured that Nazia was referred to a mental health specialist and worked with the housing department in her local area to find long-term accommodation. Nazia now has a full-time job and has married Chris. She has had no contact with her family since she left and believes that her parents have told her little brother that she is dead.

Case Study 3—Sarah “Sarah Khan” (17 years old) came to the consular section of the High Commission in Islamabad requesting assistance to escape a Forced Marriage. We booked tickets for her return to the UK and arranged her emergency passport and accommodation for her in a safe British refuge. When departing at the airport in Islamabad she was confronted by her uncle disguised as a police oYcer. He attempted to “arrest” her. Consular staV dealt with the situation and ensured her safe boarding of the aircraft. We arranged for her to be met in the UK by the police, for her own security, and she was taken to a refuge. Her repatriation was achieved in just three days.

Marriage Visas,Issues,Refusals and Appeals In 2007, in Pakistan, 11,022 spouse settlement applications were issued and 3,216 were refused. There will undoubtedly be cases of forced marriages concealed in the first figure. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Reasons, with which UK visas refuse applications are set out in the Immigration Rules. These include: — the need to prove that the applicant is married (or in a civil partnership) and has met their sponsor; — that they are travelling with or joining their spouse; — that they are 18 or over; — that they have suYcient knowledge of English language; — that they intend to live permanently together; and — that they have adequate accommodation and can maintain themselves. In 2007, 407 cases were referred to the Consular Immigration Link (CIL) team in Pakistan. However, not all of these were forced marriages and some relate to other forms of family abuse. Additionally 45 pre- existing (old) cases were dealt with by the CIL in 2007: The cases are broken down into: Forced marriage 193 Withdrawal of sponsorship not forced marriage 66 Vulnerable adult 86 Abandoned 32 Others 30 Old cases 45 Total 452 As with all family abuse work, there is inevitable crossover between categories. The definitions used are: Forced Marriage—This category will include all those who state that the marriage was forced, that they were blackmailed or pressured into marrying. Withdrawal of sponsorship—There was no suggestion when the application was made that this was a forced marriage. Once the visa was issued the sponsor withdraws their support. In the majority of cases the applicant moved out of the marital home immediately, or within a few months of arriving in the UK. Vulnerable—The UK citizen (sponsor) suVers from either a severe mental or physical disability. Abandoned—Where a Foreign National, has married a British Citizen, and subsequently been brought back to their country of origin and abandoned. Other—Cases including for example issues of domestic violence that have occurred after the marriage or a child that has applied under settlement and issues of parentage are not defined. Old Cases—The 45 old cases have been recorded in a previous year so to avoid double counting are not split again. However they remain live so are included in the overall figure.

Reluctant Sponsor Cases at Appeal In 2007, of the 407 new cases that were referred to the CIL, and had an application refused: 128 appeals have been lodged; 28 have been dismissed, by the independent Asylum and Immigration Tribunal (AIT); six have been allowed and 94 have not yet had a substantive appeal hearing outcome and remain outstanding. In 2006, of the 424 cases that were referred to the CIL and had an application refused, 116 appeals were lodged. Of those, 56 were dismissed by the AIT, four were withdrawn, 37 were allowed and 19 remain outstanding. In each case where an appeal is allowed, the CIL contact the sponsor to again attempt to persuade the them to make a public statement on which to base a further appeal. Of the 37, one sponsor has agreed, but has not yet made a public statement, and upon further inquiry the circumstance of another sponsor had changed and so the application was refused post appeal. As a matter of course when the follow up contact is made, the CIL team remind the sponsor that there is a two year period before the applicant can apply for Indefinite Leave to Remain (ILR), and that the sponsor can decide not to support the ILR application. The sponsor is given contact details for the Forced Marriage Unit in the UK for further advice and support. A referral is also made to the Managed Migration Intelligence Unit so that they are aware of the case history if and when an ILR application is made. In 2003–06, “Withdrawal of Sponsorship” and “Forced Marriage” categories were recorded together under “Reluctant”. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Consular Immigration Link Caseload

2006 424 Cases in total Reluctant 269 Vulnerable Adult 70 Abandoned 39 Other 46 2005 387 Cases in total Reluctant 244 Vulnerable Adult 61 Abandoned 45 Other 37 2004 197 Cases in total Reluctant 164 Vulnerable Adult 2 Abandoned 14 Other 17 2005 182 Cases in total Reluctant 182

Indefinite Leave to Remain The Borders and Immigration Agency takes all allegations that they receive in connection with applications for settlement and leave to remain very seriously. However there is currently no system in place to reoutinely alert the Forced Marriage Unit to third party information relating to reluctant sponsors of ILR applications. We recognise this is as a shortfall. The Forced Marriage Unit is working with the Borders and Immiagration Agency to consider the development of an information sharing protocol to ensure that all relevant cases and representations that make reference to forced marriage are referred to the Forced Marriage Unit. The Forced Marriage Unit is also exploring ways to ensure those considering ILR applications are properly aware of forced marriage issues. I hope this extra detail is useful to the Committee. I should like to take this opportunity to tank you for undertaking this valuable inquiry. It has already paid dividends in further raising awareness of forced marriage issues. I look forward to your findings with interest. 3 April 2008

APPENDIX 78

Supplementary memorandum submitted by Women’s Aid

Q. 166: How could funding for specialist provision (especially within the voluntary sector) be protected when, as you have indicated, services are being mainstreamed into the statutory sector? Women’s Aid began the domestic violence movement in the 1970s, opening refuges in recognition of the need for safe, separate spaces for women and children experiencing domestic violence. Today the specialist domestic violence sector has transformed into professional voluntary sector service providers, and remain the experts on domestic violence and meeting the needs of domestic violence survivors. Across the UK a wide range of specialist domestic and sexual violence services providing advocacy and support have been developed to meet a range of needs and now include refuge, outreach (including IDVAs, floating support and resettlement services), helplines, children’s services and survivor support groups. Increasingly, however, we are witnessing two strands of policy development which give concern: the focus on high-risk criminal justice initiatives where local outreach services are being replaced by IDVA services for “high-risk” only victims, because that is the only funding stream available; and a move towards the commissioning of generic service providers to deliver specialist or generic support services, where independent voluntary sector organisations are being decommissioned and replaced with non-specialist services, sometimes directly managed by the local authority. These changes are a result of: Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— under-representation of women’s organisation at local decision-making fora309; — a lack of understanding about the specialist knowledge and skills specialist service providers have, and which are required to meet the needs of domestic violence survivors; — local authority procurement practices which disadvantage specialist voluntary sector service providers. Local authorities are choosing to put contracts for existing domestic violence services out to competitive tender, under the premise of needing to evidence value for money. Smaller specialist domestic violence organisations are comparatively disadvantaged in the tendering process, which is resource-intensive and highly bureaucratic. Smaller specialist service providers are unable to complete, and are losing contracts to larger, generic service providers who may achieve marginally lower unit costs but have no experience of supporting domestic violence survivors. Women’s Aid is also particularly concerned by the proposed removal of ring-fencing around Supporting People funding. This change in policy is likely to result in: — funding being redirected towards Criminal Justice responses to domestic violence, and away from the range of support services such as refuge accommodation and support services, and outreach services, which are currently funded by Supporting People; — funding be diverted towards services for groups to whom local authorities have a statutory duty, for example older people and people with disabilities. Thirteen local authorities in England have been chosen to trial this policy during 2008–09. Women’s Aid shares concerns with the majority of supported housing providers that a one year trial will be insuYcient to monitor the full impact of this policy. In order to protect funding for specialist service provision, Women’s Aid recommends: — Development of a Government-endorsed framework for the commissioning of support services for women and children who have experienced domestic or sexual violence; this framework should be developed in consultation with Women’s Aid, based on indicators linked to the National Service Standards for Domestic and Sexual Violence (developed by Women’s Aid with our national network of services and other voluntary organisations). — Formal evaluation of all the diVerent types of specialist domestic violence service to assess their eVectiveness in delivering eVective outcomes for victims and preventing domestic violence (past research shows survivor feedback is consistently positive and rates these services higher than any other). — Funding to support the roll-out of all accredited training for all domestic violence service providers using Women’s Aid national accredited training programme. — Publication of guidance by the Department for Communities and Local Government to ensure women’s voluntary sector organisation are equally represented on local-decision making bodies, as part of the Gender Equality Duty. — Independent review of the impact of procurement on voluntary sector service providers. — Extending the trial of removing the ring-fencing around Supporting People funding to at least two years, with a final decision being made in time for the next Comprehensive Spending Review in 2011.

Q. 185: Please expand on what is needed in terms of specialist services, in particular outreach services: what outreach services are available, what are current levels of provision, what would be most eVective? Please include comments on services for 16–18 year old victims In recent years the Government has spent millions of pounds rolling-out Independent Domestic Violence Advocates (IDVAs) and Multi-Agency Risk Assessment Conferences (MARACs) as the “solution” to tackling domestic violence. Women’s Aid fully welcomes both IDVAs and MARACs. We are concerned, however, that they are being seen as the panacea for domestic violence and will become the sole form of support for survivors of domestic violence. Women who experience domestic violence have a variety of short- and long-term support needs310. Practical and emotional support to enable survivors to re-build their lives can best be given by a range of specialist independent domestic violence services within the voluntary sector. This includes refuge accommodation, outreach and floating support services, advice and advocacy projects, IDVAs hosted by specialist independent domestic violence service providers, and services for children and young people.

309 Whilst women’s organisations represent around 7% of the total voluntary sector, there are severely under-represented on Local Strategic Partnerships, comprising only 1.8% of voluntary sector representatives. Gudnadottir, E, Smith, S, Robson, S and Corry, D (2007) Where are the women in LSPs? Women’s representation in Local Strategic Partnerships (London: Oxfam/Urban Forum/Women’s Resource Centre) available at: www.wrc.org.uk/downloads/PolicystuV/womenlsps.pdf 310 See Abrahams, H (2007) Supporting women after domestic violence: Loss, trauma and recovery (London: Jessica Kingsley Publishers); Humphreys, C and Thiara, R (2002) Routes to safety: Protection issues facing abused women and children and the role of outreach services (Bristol: Women’s Aid); Bossy, J and Coleman, S (2000) Womenspeak: Parliamentary domestic violence internet consultation (Bristol: Women’s Aid Federation of England); Parmer, A, Sampson, A and Diamond, A (2005) Tackling domestic violence: Providing advocacy and support to survivors of domestic violence (London: Home OYce Development and Practice Report 34). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Women’s Aid annual survey of domestic violence services in 2005–06 found that: — 78% of our member organisations provide both refuge-based services and also community-based support in the form of outreach, floating support and advocacy services; — an estimated 36,325 women and children were accommodated and supported in refuges in 2005–06; — approximately 114,430 women and 7,660 children were directly supported by outreach, advocacy and floating support services, and a further 68,850 children were indirectly supported through the support given to their mothers. In areas which have IDVA services, Women’s Aid local organisation continue to support hundreds of women each year. For example, in one London borough which employs three IDVAs (NB not “independent”!), in 2006–07, the local Women’s Aid organisation also provided accommodation, support and advice to 384 women: — refuge services % 110 women — advice service % 173 women — legal service % 55 women — floating support service % 49 women — women were also supported through an in-house counselling service and parenting service. There are six key concerns in relation to the provision of specialist domestic violence services: 1. A lack of specialist service provision for domestic violence survivors. One in three local authorities have no specialist services for victims of domestic violence311. Specialist services include refuge- and community-based services and perpetrator programmes with attached women’s support services. In total 510 services were identified. 2. Existing services are consequently over-stretched: — hundreds of women are turned from refuges on a daily basis312 because there is no space; — outreach and floating support services have established waiting lists because they are limited to the number of women they can support at any one time313; — IDVAs, on average, have a caseload of 140 annually314, which is higher than the recommended 80–100 cases per annum. NB The level of support given across diVerent types of service provision also varies to meet demand. Eg, much more intensive support is often given in refuge-based services, to mothers and children, where for IDVAs, CAADA training recommends no more than three telephone contacts with high risk victims (however Women’s Aid—run IDVAs often extend this). Changes in commissioning policy and practice are leading to a further decline in specialist service provision. As already noted, in a bid to curb spending, local authorities are increasingly commissioning one generic service provider to deliver non-specialist support to a range of vulnerable groups, including domestic violence survivors. Services for Black, Asian, Minority Ethnicity and Refugee women are under particular threat from current commissioning strategies. 3. Women-only services are under threat. Local authorities are requiring services to open their doors to women and men. This is despite research that shows over 90% women support a woman’s right to access women-only services and professionals if reporting domestic or sexual violence315. Joint services for women and men may deter women from accessing support. It may also put women at risk: heterosexual men who access men’s services were actually more likely to be a perpetrator (either the main abuser or involved in “common couple violence”, meaning he and his female partner were abusive to one another) than a survivor316. 4. Continued lack of services for children and young people who experience domestic violence. Supporting people has never funded support services for children and young people, leaving service providers reliant on grants from local authorities and grant-making trusts. Furthermore, young women aged 16–18 are unable to access refuge accommodation because of Housing Benefit regulations.

311 Coy, M, Kelly, L and Foord, J (2007) Map of Gaps: The Postcode Lottery of Violence Against Women Support Services (London: End Violence Against Women) 312 Women’s Aid annual survey in 2006–07 found that on one day, 2 November 2006, 485 women were turned away from refuges4; 64% of whom were turned away because of lack of space. Evidence from one member organisation in the North East showed that 1,191 women were referred to their refuge service in 2006–07, but only 253 women and 319 children could be accommodated. 313 The same organisation in the North received 362 referrals to their outreach service, but due to capacity only 278 could access the service in 2006–07. 314 HMCS/HO/CPS (2008) Justice with Safety: Specialist Domestic Violence Courts Review 2007–08 315 Women’s Resource Centre (2007) Why women-only? (London:WRC) 316 Robinson, A and Rowlands, M (2006) The Dyn Project: Supporting Men Experiencing Domestic Abuse (CardiV:CardiV University) Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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5. The Government focus on the Criminal Justice response to domestic violence. The new National Indicators for domestic violence, namely on repeat victimisation (RV) and domestic violence murders, will encourage local authorities to divert funding towards initiatives which provide evidence for these indicators, ie IDVAs and MARACs. Equally the measure of eVectiveness for these indicators is too narrow for three reasons (i) women may well be re-victimised after a year has passed (many women are threatened, injured or killed after several years) (ii) women may be unwilling to report again (iii) evidence for these RV indicators is restricted to MARACs and does not acknowledge other preventative and protective services for high, medium and low risk victims eg refuge and other outreach services. In one local WA organisation, many women helped by their IDVA service, also then went on to use their outreach services for the next year. There is no incentive to support other much needed services with the loss of BVPI 225 and the lack of reference to these in the National Indicators. Women’s Aid recommends: — the establishment of a secure funding framework for the provision of specialist independent domestic violence services in all localities, for all adult and child survivors of domestic violence; — the framework must include provision for women-only services, and specialist services for Black, Asian, Minority Ethnicity and Refugee (BAMER) women; — all localities must provide a range of services for domestic violence survivors, including access to refuge accommodation, community-based support, advice and IDVAs, support services for children and young people; — mechanisms for counting reduction in repeat victimisation that are wider that current requirements for National Indicators; — National Indicators gathering evidence from a wider range of DV services; — secure funding for a domestic violence co-ordinator and a multi-agency domestic violence forum in each local authority.

Q. 187: Please expand on sentencing for domestic violence perpetrators, to include: what are the most common forms of sentencing, and are they suYcient? Is training needed for magistrates and judges, and if so what form would this take?

Sentencing for domestic violence-related incidents is a key concern for Women’s Aid and our members317. Sentences handed down for domestic violence-related incidents are routinely inappropriate; that the most common sentences for domestic violence perpetrators are bindovers and fines is highly problematic. Women’s Aid supports the views of survivors of domestic violence, who most frequently request attendance at a perpetrator programme as part of the sentence. Attendance at a perpetrator programme may be helpful in encouraging some men to change their abusive behaviour. Court-mandated attendance on a perpetrator programme is only eVective if sentences are long enough to cover both the waiting period and attendance on the full programme318. For perpetrators who receive no sentence—custodial or community—but only a fine, there is even less incentive to attend. As outlined in the new Public Service Agreements, the Government is committed to increasing public confidence in the Criminal Justice System319. When survivors see perpetrators receiving a fine, or a short community sentence (and no accompanying perpetrator programme), they may wonder whether the eVort and stress of the court process was worthwhile. Many survivors, however, are only discouraged from engaging with the Criminal Justice System because of inappropriate sentences, but due to extremely low conviction rates. Currently only 23% of women report incidents of domestic violence to the police. Of those reported incidents, only approximately 3.5% end in a conviction. This is significantly lower than conviction rates for rape, which currently stands at around 5%. The reasons for the high attrition rates are multiple. In 32% of reported cases, the police take no action. Furthermore, in only 20% of cases is the perpetrator arrested320. Another study321 found that only 25% of arrested perpetrators—and therefore only 5% of those reported—are charged.

317 Women’s Aid conducted a survey of our member organisations and individual supporters for the purposes of the Home AVairs Select Committee. The survey found 63% of respondents had concerns about sentencing for domestic violence perpetrators. 318 Perpetrator programmes have increasingly long waiting lists due to problems in the probation service, lack of funding and consequent under-investment. 319 Within Public Service Agreement 24: Deliver a more eVective, transparent and responsive Criminal Justice System for victims and the public, indicator 2 is “Public confidence in the fairness and eVectiveness of the CJS”. 320 Povey, D (Ed.), Coleman, K, Kaiza, P, Hoare, J and Jansson, K (2008) Homicides, Firearm OVences and Intimate Violence 2006–07: Supplementary Volume 2 to Crime in England and Wales 2006–07 (London: Home OYce Research, Development and Statistics Directorate) 321 Hester, M (2006) “Making It Through the Criminal Justice System: Attrition and Domestic Violence”, Social Policy and Society, 5:1, pp.79–90 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Due to the Crown Prosecution Service’s proactive domestic violence strategy, the rate of successful outcomes, ie convictions, in domestic violence cases has risen from 59/7% in 2005–06 to 68.3% in quarter 2 of 2007–08. However, this still only equates to 3.4% of all reported incidents of domestic violence ending with a conviction. According to the Crown Prosecution Service, a key reason for unsuccessful prosecutions is victim/witness behaviour, either because the witness withdraws her statements or does not willing attend court. Further action needs to be taken at each stage of the Criminal Justice System, from police attending a domestic violence incident to sentencing. Women’s Aid recommends: — Mandatory domestic violence training for all police oYcers. OYcers must be trained to collect a range of evidence in cases of domestic violence, not relying on a witness statement which is retracted at a later date and leads to an unsuccessful prosecution. — Pro-arrest policies are adopted to improve rates of arrest in domestic violence cases. — Further research is conducted into the low levels of charging in domestic violence cases, and a strategy developed to address this issue. — Domestic violence training is made mandatory for all judges and magistrates. — Evidence from Specialist Domestic Violence Courts shows that training for all personnel— CENTREX-trained police, prosecutors, magistrates, legal advisors and probation staV— significantly improved the rate of successful prosecutions. Domestic violence training must become mandatory, and where possible must contribute towards Continuing Professional Development, eg for prosecutors and barristers. — Women’s Aid has made a key contribution to developing training courses and materials for police and prosecutors and has had significant input into the national training programme of CPS prosecutors in the last two years. We also run training for local authorities and other agencies in understanding of domestic violence, risk management and assessment, safety planning, among other topics. We would be delighted to contribute to further initiatives in this area.

Q. 196: Please expand on inappropriate MARAC cases which you mentioned The MARAC process do not always recognise and respect the victim’s self determination and autonomy and agencies working in them can be paternalistic. This has been noted as a concern by some of our members as there is a danger that victims are now not allowed to be active in their own safety planning. This is one anecdote from a large respected Women’s Aid organisation in a large city, who are active in all forms of service provision and run their own IDVAs: The WA IDVA at a MARAC meeting was surprised to find that one of the staV from the WA organisation (from another service) had been put forward to the MARAC by one of the statutory agencies. She was separated from her violent partner but was assaulted on the street by him some time later. She did not have her children with her at the time. The police were called and the case referred; she was also threatened with having her children taken into care; it was also suggested to the WA organisation that it was not appropriate for her to work in the service if she was a victim. There is a danger that “repeat victimisation”/blaming the victim can come from agencies themselves if individual patriarchy (of the abuser) is replaced by collective paternalism. The IDVA of course argued strongly against the proposals in this case and was able too because she was independent. In the light of this and other anecdotes, and based on evidence from the recent review of Specialist Domestic Violence Courts, it is paramount that IDVAs are located in “an agency where their independence and focus on client safety is demonstrable to both victims and other agencies”322. Independence from the Criminal Justice System and other statutory agencies is key to ensuring women have confidence in the service and will improve levels of engagement. IDVAs must be accountable to the independent agency, not to statutory agencies or their committees.

Q. 209: Without advocating a blanket change to immigration rules, what could be dome to close the gaps for No Recourse victims? What is the average time it takes to get a decision on applications for leave to remain in these cases? Would you support a waiver to benefit regulations for women with No Recourse? What assessment measures could be put in place to prevent abuse of such a waiver? How do you get around the No Recourse rule to help these women? Supporting women with “no recourse to public funds” who experience domestic violence is a continuing problem for local authorities and domestic violence services. Currently, women with no recourse to public funds are not eligible for assistance under housing legislation. The Home OYce recently announced funding for women who successfully apply for Indefinite Leave to Remain (ILR) under the Domestic Violence Rule.

322 HMCS/HO/CPS (2008) Justice with Safety: Specialist Domestic Violence Courts Review 2007–08 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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This will allow organisations housing women with no recourse to public funds to apply for backdated payments for accommodation and subsistence costs from the date the woman submitted her claim for ILR to the date the claim is decided in favour of the applicant. Whilst this is a step in the right direction, this will not cover the cost of housing women up to the time when they make the application. Women with no recourse to public funds can rarely starts legal proceedings until they have left the family home, and it can take several weeks to find a solicitor who will take the case, and even longer to collect all the evidence to submit with the application. Women’s Aid is aware of a case in Lambeth where a woman lived in the refuge with her child for seven months before an application for ILR was submitted simply because the police and social services took so long to provide the required evidence. Furthermore, this does not cover the cost of housing women with no recourse whose application for ILR is unsuccessful, or women who are not eligible to apply for ILR under the Domestic Violence Rule. The latter group includes women who are legally in the U.K., for example students or women newly arrived from E.U. accession countries who need immediate safe accommodation and support before they can arrange to return to their home country, if it is safe to do so. As a result, refuge organisations will have to continue accommodating and supporting women with no recourse to public funds from their own reserves and at a financial loss. In 2006–07, Women’s Aid member organisations provided a total of 400 women (and at least 355 accompanying children) with refuge accommodation and subsistence support. This was largely without any financial support from local authorities. To improve access to safe accommodation for women with no recourse, Women’s Aid recommends exempting women fleeing violence from the no recourse to public funds requirement. Housing providers, including local authorities and refuge organisations, should be allowed to apply for both Housing Benefit and Income Support for women fleeing domestic violence. This would cover accommodation and subsistence costs. Refuge organisations and local authorities are already responsible for assessing whether women should be allocated space in a refuge or in other temporary accommodation. Currently, the reason women with no recourse are not accommodated is not that they are making false claims of domestic violence, but because of funding restrictions. It follows that the same organisations should be able to apply for welfare benefits on behalf of women with no recourse. The Last Resort Fund must be reinstated to provide immediate interim funding for refuge organisations. In addition to improving access to safe accommodation, emphasis must also be put on: — fast-tracking applications for Indefinite Leave to Remain under the Domestic Violence Rule. Evidence from our members shows that applications take varying amounts of time to be processed; — improving access to legal aid immigration solicitors for women with more complicated immigration situations; — extending the Domestic Violence Rule to include all victims of domestic violence with an insecure immigration status, not only those who are in the U.K. on a spouse or partner visa, and introducing similar protection for traYcked women subjected to sexual and economic abuse and to overseas workers experiencing violence from their employers.

Additional question asked by the Committee: Should visa sponsors be allowed to make confidential statement about the reasons for a visa application? How could statements given in confidence be used as evidence? Should the person sponsoring a visa be interviewed as well as the person being sponsored?

Women’s Aid welcomes the opportunity for individuals who are sponsoring a visa, or are being sponsored, to make a confidential statement. However, we have concerns about what action will be taken where cases of forced marriage are disclosed. Victims of forced marriage, like those of domestic violence, are at greatest risk of violence after they leave, or attempt to leave, the situation. The oYcials taking the statement must be trained to deal with disclosures and know what action to take. Furthermore, identified victims need access to support services who specialise in working with Black, Asian, Minority Ethnicity and Refugee (BAMER) women. As already mentioned, we are currently witnessing a move away from funding of specialist services for BAMER groups and towards contracts for larger, generic services. As the Committee Chairman, Mr Keith Vaz, himself explained, ethnic minority women tended to want to go to agencies with cater specifically for ethnic minority women. If specialist services do not exist, and thus appropriate safety and support can be oVered, victims of forced marriage will be discouraged from disclosing. Finally, in relation to forced marriage, Women’s Aid supports Refuge, Southall Black Sisters and Imkaan, in opposing the proposal to raise the age of consent for sponsors. From countries such as Denmark and the Netherlands where the age has already been raise, there is little evidence of a correlation between raising the age and a reduction in forced marriage. Instead, this proposal will unfairly discriminate against minority groups. April 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Annex 1

EXAMPLES OF CONTRACTS FOR DOMESTIC VIOLENCE SERVICES BEING AWARDED TO GENERIC PROVIDERS Women’s Aid has collected the following examples from our member organisations around the country:

Plymouth Women’s Aid The contract for all domestic violence services currently managed by Plymouth Women’s Aid were put out for competitive in the last financial year. This includes refuge, outreach and IDVA services. The contract was awarded to a generic housing association who appears to have little experience of providing specialist support to victims of domestic violence. It is particularly concerning that the housing association will also be running an IDVA service—these services are normally delivered by statutory agencies or specialist domestic violence service providers, not a housing association.

East Nottingham Women’s Aid In 2007, East Nottingham Women’s Aid submitted a consortium bid with three other Women’s Aid services to retain the contract for an outreach and resettlement service. The contract was won by a large housing association, Nottingham Community Housing Association, who is purported to have put in a cheaper bid.

Dartford and Gravesham Women’s Aid DG WA submitted a bid in 2007 for a new outreach service to extend their current refuge service provision. West Kent Housing Association won the contract.

Leeway Norwich Women’s Aid In 2007 the local authority decided to combine a number of specialist floating support services which were delivered by diVerent voluntary sector organisations. The voluntary sector organisations submitted a consortium bid for the whole service, but Stonham Housing Association won the contract. Leeway Norwich Women’s Aid lost four workers because of this, but managed to pull together alternative funding to keep two workers.

Oxfordshire Women’s Aid Historically, Oxfordshire Women’s Aid has provided both refuge- and community-based services. In 2008, the contract for refuge services was won by Dominion Housing Group through competitive tendering despite not being a specialist domestic violence service provider. Oxfordshire Women’s Aid were funded through Comic Relief to provide an outreach service, but this funding will end shortly. In future there will be reduced community-based floating support services and no longer run by a specialist domestic violence organisation. The contract for refuge services which was won by Dominion Housing Group was a cause for concern. The service provider is required to fill any voids with other vulnerable homeless women, eg those living on the streets and/or with substance misuse problems. This clearly reflect a lack of understanding about domestic violence, the reasons for the confidential nature of refuge accommodation, and the needs of victims of domestic violence (and of other vulnerable women). This will quite possibly lead to increased risk to the women staying in the refuge.

APPENDIX 79

Memorandum submitted by the Forced Marriage Unit

Background to FMU The FCO Community Liaison Unit (CLU) was established in October 2000 to co-ordinate forced marriage casework and policy. This was an outcome of the “Choice by Right” report of the working group on Forced marriage. The joint Home OYce—Foreign and Commonwealth OYce Forced Marriage Unit replaced the CLU in 2005, in order to allow a joint domestic and international response to the issue. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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FMU Responsibilities The FMU was designed as the government’s “one-stop shop” for forced marriage. Key work undertaken by the unit includes: — Consular assistance to victims of forced marriage overseas. — Advice to victims in the UK and to agencies and NGOs handling forced marriage cases. — Assistance for victims of forced marriage being forced to sponsor their spouse’s visa. — Providing guidance for statutory agencies—this will be placed on a statutory footing under the Forced Marriage (Civil Protection) Act. — Training for statutory and voluntary sector agencies on handling forced marriage cases. — Outreach work to raise awareness of forced marriage. — Developing, in partnership with other government departments, eVective policy to tackle forced marriage. — Working with UK Embassies and international partners to improve the global response to forced marriage issues.

Resources The unit comprises of six staV, all of whom handle casework. It is comprised of four FCO staV (one of whom is funded by UKVisas), one external secondee with a background in Domestic Violence and a Home OYce policy advisor. Last year the FMU had a non casework project budget of £167,000.

Cross-Government Links The FMU works closely with the Domestic Violence unit of the Home OYce, the Association of Chief Police OYcers (ACPO) and the Association of Directors of Social Services (ADSS). They have daily contact with police forces and social service departments from across the country. The FMU also works closely with other line ministries including the Department for Children, Schools and Families (DCSF), the Department for Communities and Local Government (DCLG) and the Ministry of Justice, who are leading on the implementation of the Forced Marriage (Civil Protection) Act.

Voluntary Sector Partnership The FMU works closely with a range of NGOs who work on this issue. One example of this co-operation is that the FMU, with Karma Nirvana, has developed a “Survivor’s Network” for victims of forced marriage, which will be launched in April 2008.

Case Work In 2007 the FMU handled approximately 400 forced marriage cases. 168 of these were overseas assistance cases, where the unit intervened to assist victims or potential victims of forced marriage. A number of these resulted in rescue and repatriation back to the UK. In addition the FMU works closely with visa oYcials in dealing with cases of reluctant sponsors. Reluctant sponsors are individuals who have been forced to marry and are now being forced to sponsor a visa application for their spouse. The FMU works closely with these individuals and UK Visas to try and prevent the applicant from gaining settlement. 65% of the FMU’s cases are from Pakistan and 15% are from Bangladesh. 15% of our cases involve a male and 30% of our cases involve minors.

Ministerial Information The FMU is a joint FCO and HO unit. The unit’s Minister’s are Meg Munn (FCO) and Vernon Coaker (HO). Bridget Prentice is responsible for the implementation of the Forced Marriage (Civil Protection) Act. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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There is an Inter Ministerial Group on Domestic Violence which sit quarterly. Membership of the group is outlined below.

Department Minister Chair (HO) Vernon Coaker MoJ Bridget Prentice CLG Baroness Andrews FCO Meg Munn DCSF Beverley Hughes SG OYce Vera Baird AG OYce Baroness Scotland Government Equalities OYce / Ministers for Women Harriet Harman DoH Dawn Primarolo NIO Paul Goggins NAW Dr Brian Gibbons DWP Barbara Follett HMT

Work with Schools — Teachers are often one of the key sources by which the forced marriage unit receives information about cases. They are in a position of trust with their students and are an invaluable help to the work of the unit. — 30% of the cases handled by the Forced Marriage Unit involve minors and schools are therefore a key partner in tackling this issue. The Forced Marriage Unit released Guidelines for Education Professionals in 2005, which have been used by schools across the country to help spot the signs that can indicate a forced marriage case. FMU’s posters and other material are available to schools on request. — We are currently working with DCSF to write directly to schools reinforcing messages about their responsibilities and to ensure they are aware of material currently available. We have also committed to working with DCSF on the design of materials specifically for schools.

Forced Marriage (Civil Protection)Act — The Act provides measures to the courts to prevent forced marriages from occurring. The courts will have the power to make Forced Marriage Protection Orders to stop someone from forcing another person into marriage. The courts will have a wide discretion in the type of injunctions they will be able to make to enable them to respond eVectively to the individual circumstances of the case and prevent or pre-empt forced marriages from occurring. — Where a forced marriage has taken place, they would also be able to make orders to protect the victim and help remove them from that situation. Where there was significant risk of harm either to the intended victim or to somebody else in connection with the intended marriage, the court could add a power of arrest. — Breach of an injunction would not itself be a criminal oVence, but it would be a contempt of court and courts would have the full range of sanctions available to them, including imprisonment. — The Act also allows courts to attach powers of arrest to orders so that if a person breaches an order he may be arrested and brought back to the original court to consider the alleged breach. This applies to anyone who is alleged to have breached the order, not just the original person named on the order. — The Act will also: — Enable people to apply for an injunction at the county courts, rather than just the high courts. — Enable third parties to apply for an injunction on behalf of somebody else.

Key FMU Priorities for 2008–09 — Work with Department for Children, Schools and Families to ensure the safeguarding of young and vulnerable people at risk of forced marriage. — Re-issuing of the FMU guidelines for professional agencies on a statutory footing. — Working in partnership with statutory agencies to improve training for front-line workers handling forced marriage cases. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— Work with the Ministry of Justice and the cross-government Honour-Based Violence Steering Group on the implementation of the Forced Marriage (Civil Protection) Act. — Work to ensure that MPs are aware of the issue of Forced Marriage. — Continue and develop partnerships with governments and NGOs overseas to enhance the assistance that we can oVer to British nationals at risk of forced marriage overseas. — Developing, in partnership with other bodies, targeted “community outreach” to improve grass- roots messaging and to outreach to non South Asian communities. — Working with the immigration agencies to ensure continued appropriate handling of immigration cases involving forced marriage.

Referral from 1.If victim is overseas and at risk of a FM then Statutory Body we contact the relevant Embassy and ask them to (police, social make contact and offer assistance. This may services, teachers, result in rescue and repatriation. If required we health will help with assist re-housing in the UK professionals)

2.If a victim has already been forced to marry Contact from Victim and is now being forced to sponsor a visa ( a UK/ Overseas reluctant sponsor) we will work with posts and (direct or via post) UK visas and look to get the visa refused. Forced Contact from 3. If a potential victim is going to be taken reluctant sponsor Marriage overseas imminently then we will talk them (direct or via post) Unit through their options and choices, give them relevant contact details and outline the risks.

Contact from

concerned friend, 4. If a statutory agency contacts us we will family member, outline how best to deal with forced marriage colleague etc. cases and will intervene as necessary. We will also explore suitable legal remedies which can be used to assist the victim.

Referral from NGOs, solicitor, 5. If a victim contacts us from the UK and is at international risk of being forced into marriage in the UK we agencies will talk them through their options and choices and ensure that the relevant agencies are aware. Where necessary we will sort out alternative accommodation for the individual.

Forced Marriage Unit – Case Work Process

April 2008

APPENDIX 80

Letter from Kevin Brennan MP, Parliamentary Under Secretary of State for Children, Schools and Families I am writing with further information for the Committee, as requested in your letter of 11 March. My letter of 17 March covered the Bradford figures. This letter provides answers to questions (a), (b) and (c) in your 11 March letter and updates you on our discussions with Ofsted.

(a) what other concrete mechanisms do schools have to follow up cases where teachers are concerned the student may be at risk of a forced marriage? We encourage schools to follow the guidance set out in Dealing with Cases of Forced Marriage, Guidance for Education Professionals which was published in 2005. This sets out practical steps which education professionals should take if they are concerned that a student is at risk of a forced marriage. As you know, we are s committed to revising this guidance and placing it on a statutory footing this autumn. To inform the Committee’s Inquiry, my oYcials have collected, via regional Government OYces, a sample of case studies from local authorities to illustrate actions taken by schools and children’s services to safeguard children from forced marriage. We understand that Bradford and Tower Hamlets have previously sent case studies to the Committee We have attached additional case studies from Derby and Newham at Annex A. Looking at these, there are a number of important points I would draw out: — the case studies illustrate the complexities of forced marriage cases, and the importance of a multi- agency response to safeguard children eVectively; Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— organisations such as Karma Nirvana have a very important role to play in responding to victims’ needs and should be considered as part of the multi-agency response; and — as illustrated by the Derby case study, schools can make a real diVerence by understanding indicators of forced marriage and acting to intervene even where the child is initially unable or unwilling to disclose. As we revise guidance on forced marriage, and develop, with FMU, tailored awareness-raising materials for schools, we will ensure that these points are highlighted for schools and local authorities in order to inform improved, more consistent practice.

(b) What precisely is being done by the 14 authorities follow up those children identified as “not in suitable education”, and to assess how many of the total number are at risk of forced marriage?

The material provided to the Committee in my letter of 11 March, which drew on the previous returns from the 14 local authority areas, responded to some extent to this question. In order to provide the Committee with further detail, my oYcials have probed further via the Government OYces and I attach the additional information that local authorities have provided at Annex B. The latest local area returns provide evidence that they have put to good use the statutory guidance on identifying children not receiving a suitable education, which we issued in February 2007, and have implemented policies and procedures accordingly to enable them to follow up eVectively children missing from education. The information in Annex B provides several examples of what local authorities do in practice to follow up those children identified as “not in suitable education”. The returns show that local authorities are considering whether forced marriage could be a factor in these cases, although we think there may be more that authorities could do to proactively question whether forced marriage indicators are present. We will address this in the guidance on forced marriage to be published in the autumn, and will amend guidance on children not receiving a suitable education to reflect this. As I mentioned in my letter of 11 March, I also asked Her Majesty’s Chief Inspector for her view about how local authorities are implementing the duty to identify children not receiving a suitable education and I attach a copy of her reply which indicates that the majority of local authorities inspected since April 2007 have good procedures in place for tracking children and young people missing from education. My oYcials have now asked HMCI to follow up this initial view with some further work over the summer to look in more detail at the approaches that a small sample of local authorities are taking, with a view to our updating the guidance on the duty for local authorities in the autumn. This updated guidance would also cross-refer to the revised guidance on forced marriage in order to ensure that these linkages are being made in local authorities’ processes and practice. Work over the summer to look in more detail at the approaches that a small sample of local authorities are taking, with a view to our updating the guidance on the duty for local authorities in the autumn. This updated guidance would also cross-refer to the revised guidance on forced marriage in order to ensure that these linkages are being made in local authorities’ processes and practice.

(c) What changes do you propose to make to the way the data is collected by local authorities so that accurate information is gathered about those who are take out of school for the purpose of forced marriage?

As indicated above, the information we have now collected from local authorities through Government OYces has shown that considerable eVort is being applied by local authorities to fulfilling their duty to identify children not receiving a suitable education, a small number of whom might be a cause for concern, whether through a risk of forced marriage or of other serious harm. But it has also shown that local authorities are using diVerent definitions of categories of children whom they are identifying and tracking. We have concluded therefore that there is scope for developing some standard definitions for local authorities to use in collecting information and we plan to consult on this issue with local authorities over the spring and summer, with a view to including these in updated, extended statutory guidance on identifying children not receiving a suitable education. By doing this, and at the some time strengthening the references to forced marriage and ensuring clear cross-references to, and consistency with, the revised forced marriage guidance, we will be giving schools and local authorities a much clearer and more robust basis on which to track children missing from education and safeguard children and young people from forced marriage and other harm. 21 April 2008 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Annex A Forced Marriage Case Studies

Derby Case Study During the academic year 2006–07 the schools child protection co-ordinator reported a child to the LA Child Protection OYcer and duty social care teams of her concerns that a child may be a potential victim of forced marriage. The child was in year 11 and the school and the EWO were becoming concerned about her falling attendance. The Child Protection co-ordinator spoke to the child and her friends about her fears. Although the child did not state that she feared that she was going to be forced into marriage there were clear concerns about her well-being and safety as her older sister was being housed in a refuge by Karma Nirvana. Advice and guidance about forced marriage were given to pupil and also the school contacted Karma Nirvana to alert them to what potentially may happen. The school and EWO closely monitored the child’s attendance, when she failed to turn up for an exam, the schools CP co-ordinator went to visit the family home and managed to persuade the parents to allow their daughter to attend school to complete her exams. The pupil returned to school. Karma Nirvana were able to work with her to ensure her safety, the child’s older sister was known to Karma Nirvana and was in a refuge run by KN as she was also liable to become a victim of forced marriage. The pupil finished her exams, is still living in Derby and maintains contact with her older sister. The schools Child Protection OYcer has attended termly Child protection Network meetings run by the LA Child Protection OYcer. At one of these meetings Jas Sanghera from Karma Nirvana attended and gave a presentation on the issue of Forced Marriage. The CP co-ordinator was able to brief all school staV about what to look for and how to report concerns to the schools CP co-ordinator. The school have information leaflets and guidance information readily available for any child attending the school. At the start of every academic year the school arrange whole school training on child protection delivered by the LA Child Protection OYcer and issues regarding Forced Marriage and Honour Based Violence are comprehensively covered.

Newham Case Study SJ is a 15 year old Muslim female whose parents originate from Afghanistan. SJ and her three siblings were born in Pakistan. Her father initially came to the UK in 2001 and claimed asylum. When this was granted the rest of the family joined him in 2002. SJ and her siblings attend Newham Schools. SJ has stated her father told her to lie about her age and she believes that she is a year older than her purported age. SJ states that 23 November 2007 was a “normal day” but when she got home, she overheard her father say “everything’s ready”. According to SJ, for the last year her father had discussed sending her to Pakistan to marry her maternal step cousin. SJ had been truanting from school and believes that this, coupled with the fact that she is getting older was why her father and uncles wanted her to be married. SJ’s uncles informed her that she should not be going to school because back home (Pakistan) girls of her age would not go to school. SJ stated that she did not disclose her concerns to anyone at her school because she “did not feel able to tell a teacher”. SJ ran away and was missing until January 2008, when she came to the attention of Children’s Services in Newport, Wales. It appears that SJ was staying with relatives of an ex-boyfriend. The circumstances of the period in which she was missing and the nature of the assistance provided by various males and females are being investigated by the Police. SJ was moved to a foster placement commissioned by Newham. She has been moved once again for reasons of safety. At this point, SJ has threatened to run away again, self-harm or commit suicide if she is returned home. She is afraid to have any form of contact with her parents or siblings. Initially, SJ was placed in foster care with the agreement of her parents. There was no reason why this could not continue but on 6 March 2008 SJ was made a ward of court following an application made by her solicitors, who felt unable to wait for the LA to complete their investigation as to whether there is a need to make an application for an Interim Care Order or wardship. SJ is currently a ward of court. Newham has put the following safety precautions in place: — SJ is placed out of London. — There is a warning on the case management system that if anyone calls requesting her placement address they are to be referred immediately to her social worker. The address will not be disclosed. — Change of colour and style of hair to disguise her in case any relatives or friends should come across her. SJ will remain where she is for the time being. Within the current wardship proceedings, a section 37 report has been requested. At this point, it is not clear whether Newham will make an application for a Care Order and the matter is the subject of a child protection investigation. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Annex B

LOCAL AUTHORITY RESPONSES TO FURTHER QUERIES FROM THE HOME AFFAIRS SELECT COMMITTEE ABOUT FORCED MARRIAGE/CHILDREN NOT RECEIVING SUITABLE EDUCATION

The information in this document has been provided, via regional Government OYces, by 14 local authorities. The information was provided as evidence to support the answer to the following question asked by the Committee:

(b) What precisely is being done by the 14 authorities to follow up those children identified as “not in suitable education”, and to assess how many of the total number are at risk of forced marriage?

Blackburn with Darwen

We already have set procedures for any pupils who we consider are “Children Missing Education”. Any pupils who go on extended leave without notifying the Local Authority (LA) fall into this category. We have attached our policies on Children Missing Education and Extended Leave with this submission and the actions we take are fully explained in these policies. Schools will notify their Education Welfare OYcer (EWO) of any child missing without a satisfactory explanation and the EWO will complete a home visit, check with neighbours and then refer to the Senior Education Welfare OYcer (Safeguarding SEWO) who will then begin the procedures with partner agencies. In addition to the practice described in the policies we have now agreed with Lancashire Constabulary that all pupils will routinely be reported to the Police. The draft changes to this policy are currently awaiting ratification.

The reasons we did not consider these pupils to be at risk of forced marriage are: — the age and gender of the pupils concerned—in our experience primary school male pupils would not be detained abroad in order to be married; — as set out in our policy the enquiries made in and around school did not indicate concerns or intelligence that these pupils were at risk; and — the community based “intelligence” gave no indication of concern.

When a child is absent due to leave of absence and does not return on the specified date and parents have not made contact with the LA the school checks with the contacts they have on file for the child, with extended family and friends. The school then refer to their EWO who completes a home and neighbourhood check. Following this they discuss with the school whether there are still remaining concerns and check also partner agency involvement and intelligence on previous behaviour including other members of the extended family.

Only when these enquiries have been satisfactorily concluded will the child be uploaded onto the common transfer file and onto the lost pupil database. Schools are aware that they must contact the LA when a child requests admission and in addition, the LA will then send alerts out to schools at monthly intervals and checks the admissions database to ascertain if these children have returned and been admitted to any of our schools.

Blackburn with Darwen is keen to work in partnership with the Forced Marriage Unit to address issues for our young people both in and beyond school. We have also arranged to meet with our Children’s Service Advisor at Government North West whether there are broader initiatives we could be involved with which would also support the learning of other similar authorities.

Following a review prompted by the issues raised we are arranging to meet with a broad range of partners including FE, Independent Schools and Community Groups to ensure that there is clarity around policies and procedures for post-16 young people. This will complement existing work with the independent sector for example we are running a Child Protection conference specifically for independent providers next month and Forced Marriage is within the programme.

(Blackburn with Darwen also provided a copy of their Extended Leave Policy 2007 and a copy of their Procedures and Protocol for Children Missing Education.) Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Birmingham

Why is the figure so large?

It was previously reported that as of 5 March 2008 a total of 250 children in this Local Authority were known to the CME OYcer to be without suitable education. This figure represents a snapshot provided at the time and will inevitably change on a daily basis as we are constantly receiving new referrals and also ensuring the suitable educational placement of those referred. It needs to be borne in mind that as at January 2007, there were 433 LEA maintained schools with 177,670 pupils. Therefore this number of children missing from education is a very small percentage. The breakdown of the reasons for the 250 children being without suitable education was as follows: — 96 children had left their former schools and were without trace (missing pupils). These were children who have been continuously absent from school for a period of not less than 20 days and where reasonable enquiry by the proprietor of the school and the Local Authority (EWS) had failed to ascertain the current location of the pupil (The Education (Pupil Registration) Regulations 2006, Sect 8 (1f,h.). — 18 children were referred, by other Local Authorities, as suspected to have moved into Birmingham and to be without suitable education. These cases were referred for tracing to our CME section (Pupil Connect). — 81 children’s parents were known to be receiving guidance and support to access a school placement via the Education Welfare Service and the Admissions and Appeals Service. The majority of these children were newly arrived to the city, mainly from abroad, whose parents may have had limited understanding of English and had been unable to secure school places. — 20 elective home-educated children (there are 285 currently registered in the LA) appeared, following initial enquiries, not to be in receipt of suitable education, and were referred to the Educating Otherwise Team. — 35 Key Stage 4 children referred to the Pupil Connect team were awaiting confirmation of a place with an approved alternative education provider. These should all be placed within 20 days of receipt of their individual referrals.

What actions are being taken to reduce this number?

Birmingham LA has an established CME policy and lead oYcer. The CME oYcer is a member of the Education Welfare Service Pupil Connect Team and works under the direction of the EOTAS, and Safeguarding in Schools lead oYcer. All the above arrangements are held within the Inclusion Services of the Children, Young People and Families Directorate. All of these children are/have been followed up by appropriate oYcers of the Local Authority and this takes the form of: — Ensuring that children are in receipt of suitable education by the initiation of School Attendance Order procedures, by the EWS where parents are suspected of failing in their responsibility to secure this. — Active and robust follow up of children who have left school without trace (missing pupils) by the CME section of the Pupil Connect team. This includes prompt alerts to all of the Local Authority’s schools plus data traces/information sharing with the Health Authority’s National Strategic Tracing Service, Borders and Immigration Agency, Housing Benefits, Police, Asylum Seeker and Refugee services, the “Teachernet’ S2S” lost pupil database, and all other key stake holder agencies. — Guidance to all schools on the admission of foreign national children produced in collaboration with the Borders and Immigration Agency. This includes key contacts for reporting children at risk/of concern. (Appendix 1.) — Guidelines issued to all schools to prevent pupils from being removed from rolls in contravention of The education (Pupil Registration) Regulations including guidelines for carrying out “reasonable enquiries”. (Appendix 2–3.) — Publicity leaflets, in English and other community languages, have been widely distributed to our partner agencies/services to alert other professionals and members of the public to CME including key contacts for children who are not in receipt of education. — In the case of electively home educated children, where it appears that a child is not in receipt of suitable education (in so far as we are able to determine under current legislation and guidelines) parents are given the opportunity to address specific concerns with our Home Education Advisor, Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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including requests for parents to provide written reports (although they are under no duty to do so). Following this, where it still appears that a home educated child is not in receipt of suitable education; referral is made to the Education Social Worker specialising in elective home education to consider follow up around support with securing a mainstream school place or through School Attendance Order proceedings. — The implementation and regular meeting of a Safeguarding Admissions, Education, Training and Employment (SAETEG) group and Education Other than at School (EOTAS) steering group to oversee and coordinate actions to ensure children’s admission into schools or other educational provision and to prevent children and young people being at risk of NEET. — Key membership of the Missing Children sub group of the Birmingham Safeguarding Children Board to develop and support the implementation of an inter-agency strategy for reducing the number of children who go missing from home, care, or services to promote welfare and protect from harm.

(Birmingham also provided a copy of their Guidance to all schools on the admission of foreign national children and a copy of their guidelines issued to all their schools to prevent pupils from being removed from school rolls in contravention of the Education (Pupil Registration) Regulations)

Bradford

Bradford’s understanding of why are the figures so large

Education Bradford issued robust procedures and guidelines to all schools in September 2006, which have raised awareness about children missing education (CME). Schools are now able to manage this issue more eVectively and refer appropriately to Education Bradford. All services within Education Bradford work closely with The Education Social Work Service to identify of children missing from education. A national network of “Named Persons” for Children Missing Education means information and new referrals can be quickly shared between Local Authorities.

Detailed breakdown of how this number is arrived at for Bradford

All Children Missing Education referrals are recorded on a database (EMS). EMS is able to produce reports relating to CME cases—number of cases and referral type—and allows workers and managers to manage cases eVectively. The Out of School Register is a live “database” and is updated on a daily basis as new cases are opened and cases are closed. Our “snapshots” of the Out of School Register included in recent reports demonstrates the continuous changing nature of the register.

Statistics from the Out of School Register (number of cases, number of cases open longer than two months etc) are reported monthly to Education Bradford Leadership Team. Cases open longer than two months are reviewed by the worker and line manager.

Tables 2 and 3 below show a detailed analysis of phase, gender and ethnicity of pupils in two referral categories on 19 March 2008.

Table 2

MISSING CHILDREN 19 MARCH 2008 CASES OPEN MORE THAN TWO MONTHS Primary Secondary

Ethnicity Female Male Ethnicity Female Male 24 68 AOP AOP 1 AMI AMI BLF 1 BLF NOT 1 2 NOT 4 3 WHA WHA 1 WHB 2 WHB 1 3 WHT WHT 1 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Table 3

REMOVED FROM ROLL FOLLOWING EXTENDED LEAVE 19 MARCH 2008 CASES OPEN MORE THAN TWO MONTHS

Primary Secondary

Ethnicity Female Male Ethnicity Female Male 23 03 AOP AOP 1 AMI 3 AMI 2 BLF BLF NOT NOT WHA 1 WHA WHB WHB WHT WHT

In respect of Missing Children our standard letter to partner agencies is sent out is soon as possible following referral requesting information regarding the child and families whereabouts. A visit to the last known address is also undertaken if the referring school have not done this or it is unconfirmed if the family have moved. Other Local Authorities are contacted if there is some information that they have moved to another authority (even if there is only a suspicion of this). If after six weeks the child has still not been located we once again contact by letter our partner agencies to inform them that we still have not been able to locate the child and their family and ask the agencies to once again check their records for any information they have acquired in the intervening period. Children removed from roll following an extended leave of absence—intervention is assessed on a case by case basis and based on the information gathered at the time of referral. Contact is made with the child’s family or extended family (by a home visit) to try establish when the child will return. If an expected return date is established then a return visit will be planned to assist the family finding a new school placement. If a probable return date cannot be established then staV continue to regularly (three weekly) visit the address to establish contact and if possible gather new information. Decisions are made in conjunction with the workers line manager on a case by case basis regarding continued intervention or possible case closure. If at anytime either prior to the child going on leave of absence or while the child is away there is suspicion that the child is at risk or is a victim of a crime then an appropriate referral to the child protection unit is made. If as part of our investigations we establish that there are no plans for the child to return and there is no known risk then the case will be closed—this decision will be taken by a Senior/Line manager.

Action being taken in Bradford to reduce this number The responsibility for Children Missing Education cases is held by the Education Social Work Service. Education Social Workers, Education Welfare OYcers and Attendance Support Assistants all have Children Missing Education cases as part of their work; this caseload is overseen and reviewed regularly by the worker’s line manager. The Education Social Work Service has agreed procedures for dealing with each referral type. The profile of children missing education has been raised considerably following the introduction of the statutory responsibility for all LA’s. Closer interdepartmental working and inter agency working has increased awareness of the CME agenda and has contributed to more children being identified as not in education particularly case of children living within the authority and not on the roll of a school (495 referrals in 2007). The introduction of robust procedures has resulted in children being quickly accessed into appropriate education provision. Procedures and strategies for identifying and tracking children missing education are continually being reviewed and updated based on practical experience. Developing further the links between appropriate agencies is ongoing. Our success criteria is to ensure a child is accessed into education as soon as possible. Any remaining outstanding after two months are our top priority and monitored through Monthly Key Performance Indicators.

What other concrete mechanisms do schools in Bradford have to follow up cases where teachers are concerned the student maybe at risk of a forced marriage? Schools were made aware of the mechanisms for missing children through the publication of When a Child Goes Missing in September 2006. The issue of Forced marriages is covered in the Named Persons Child Protection two day course. Courses that deal specifically with Forced Marriages are run by the Safeguarding board. Details of all courses run by Education Bradford and the Safeguarding Board are circulated to schools. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Child Protection Training for Named Persons covers all aspects of child abuse in respect of understanding and responding to possible signs of child abuse and the appropriate and agreed action to take. This includes forced marriages. Training for Named Persons and “refresher” training is monitored by Education Bradford. Bradford Safeguarding Board runs a course on Forced Marriages as part of its multi-agency training and this course is open to school and Education Bradford staV. The document Forced Marriage Advice for Schools and Education Bradford StaV is on the Bradfordschools.net website. This document is also distributed during Child Protection training. More recently colleagues/professionals have been referred to the Bradford Safeguarding Board website to inter-agency procedures “5.1.22 Forced Marriages”.

What precisely is being done by the Bradford Council to follow up those children identified as “not being in suitable education” and to assess how many of the total number are at risk of forced marriage? Education Bradford feels that it has robust policies and procedures to follow up all children who are identified as missing from education. Information sharing agreements exist between Education Bradford, Bradford Safeguarding Board, West Yorkshire Police, Health Services, Council Welfare Benefits and Housing to establish where possible the whereabouts of missing children. School age children living in Bradford and not on the roll of a school once identified are contacted, support and advice is given to the families in order that they can access their children into school. School Attendance Orders can also be used where the parents are not making reasonable eVorts to access their children to education. Where a child has been removed from roll when they have failed to return from leave of absence, the Education Social Work Service maintains regular contact with the family or extended family to establish the reason for non-return and likely return date. Support is given to the family once the child has retuned to access them back into an appropriate education provision. If a child goes missing or prior to a trip abroad if the school believe that there is a risk to the child’s welfare or they believe the child is a victim of a crime then an immediate referral is made to the Child Protection Unit (CPU). Although “copies” of referrals made to CPU by schools are sent to Education Bradford we do not record the nature of the referral. Link ESW’s/EWO’s are made aware that a Child Protection Referral has been made and are encouraged to read it.

Bristol (The return from Bristol was written by GO South West, but the analysis and the figures quoted were signed oV by Bristol’s Director of Children’s Services.)

Why is the figure so large? Can you provide a detailed breakdown of how this number is arrived at? And what action is being taken to reduce this number? Bristol defines CME as including all pupils whose school attendance is very poor (5% or below) on the reasonable assumption that these children are vulnerable and at risk of becoming lost to the system. — 133 (57 secondary, 72 primary and four Special Schools) of the 155 pupils previously reported are accounted for in this way. They are at the sharp end of the school attendance problem in Bristol. These 133 pupils are known by the Education Welfare Service and have individual Personal Attendance Plans. Appropriate sanctions are enforced eg fixed penalty notices, court procedures etc if necessary. Of the remaining 22 pupils reported: — Six pupils are classified as missing education due to the poor quality of education provided at home. Statutory Attendance Orders have been initiated, or are being initiated, to ensure that these pupils attend a school. — Nine pupils are classified as missing because they are oV-roll and not attending a school. These children are all known to the Authority. Eight have been given course work and places have been identified for them, either in school or with an alternative provider. One pupil has moved to Birmingham and the Authority is awaiting confirmation of that child starting school there. — Four pupils have been identified as missing education due to extended school holidays. Of these, one Year 11 pupil has recently been placed in secure accommodation. One Year 10 pupil has now secured a place at a local secondary school. Two pupils are Year 7 brothers of Tanzanian origin. The Education Welfare Service has contacted the GP, Primary Care Trust, relatives, social care and Neighbouring Local Authorities. The boys have been placed on the S2S national data base. A risk assessment, including enquiries in the local community, indicates that they have moved back to Tanzania are not likely to be at risk. The Council Tax oYce confirms this. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— Three pupils who are classified as missing education are new arrivals. The Council is currently liaising with the National Association of Asylum Seekers and with its own Asylum and Refugee Reception Point to contact these families once they arrive. This is routine. Of these three children, one is a Y5 white female, one is a Y5 female Black African and one is a Y7 white male. None is at likely risk of forced marriage. The evidence suggests that Bristol is on top of the CME issue. There is no evidence that any of current or recent CME are at risk of forced marriage. This view is supported by anecdotal evidence from the network of family support workers based in Bristol’s schools and working with the various BME communities. The Pakistani and Bangladeshi pupil population in Bristol, whilst significant, is comparatively small (3.6% of Year 11), and there are no known cases of forced marriages. GOSW is satisfied that the Council takes the issue of any child missing education seriously. It is in the process of identifying a specialist to track children missing education as part of the attendance service. It is also establishing BME Ambassadors who will represent their communities and work with the Authority on a range of sensitive culturally-related concerns including Forced Marriages and Female Genital Mutilation. The LSCB is engaged in this process.

Nursery to Year 11 pupils from each ethnic group (Plasc 2008 PROVISIONAL)

Bristol (Nursery to Year 11) Number Percentage All Bristol 45,883 — BME 12,552 27.4 White British 33,331 72.6 White Irish 151 0.3 White Irish Traveller 33 0.1 Gypsy/Roma 9 0.0 White Eastern European 648 1.4 White Western European 391 0.9 White Other 733 1.6 Mixed White and Black Caribbean 1,340 2.9 Mixed White and Black African 266 0.6 Mixed White and Asian 365 0.8 Mixed Other 1,076 2.3 Black Caribbean 1,029 2.2 Black African (excl Black Somali) 491 1.1 Black Somali 1,749 3.8 Black Other 528 1.2 Indian 801 1.7 Pakistani 1,279 2.8 Bangladeshi 370 0.8 Asian Other 527 1.1 Chinese 188 0.4 Other Ethnic Group 291 0.6 Not Obtained 154 0.3 Refused 133 0.3

Derby

Previously 121 reported as CME—Why is figure so large? After detailed analysis of the numbers of children reported to be missing in Derby we have been able to locate all but 12 of the original 121 reported missing children. Many of these children have been reported missing to the lost pupil data base but their details have not been uploaded by receiving schools thus giving a false impression that these children are missing. The incorrect use of this data base is a national issue. We have taken steps to remind Derby schools of the correct procedures to be followed.

Detailed breakdown of the 12 remaining The age, ethnicity and gender of the 12 missing children are recorded as: — Male, 18-05-02, any other ethnic background (eastern European); — Male, 12-12-93, any other ethnic background (eastern European); — Female, 22-02-93, White Irish; — Female, 22-9-91, White British; — Female, 22-12-04, White British; Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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— Male, 17-4-01, Black African; — Female, 15-9-98m Black African; — Female, 05-01-00, Black African; — Male, 19-9-96, Any other ethnic background (eastern European); — Female, 11-4-99, any other ethnic background, (eastern European); — Male, 27-05-99, Gypsy/Roma; and — Female, 12-05-04, White British. Currently the following eVorts are being made with external agencies to try and track down these children: — letter to chief constable to alert police; — write to benefits agency; and — talk to LAs where they think a family might have moved to based on any anecdotal evidence that might have come from neighbours/school. We will keep these cases open, and act on any leads or intelligence gleaned to follow up.

Lancashire

First: Why is figure so large? Just to put the figure of 149 pupils in context, Lancashire is a very large local authority. 149 pupils out of the 146,000 Lancashire primary and secondary pupil population equates to 0.1%. Of the other authorities named, Middlesbrough at 23 equates to 0.15%, Waltham Forest at 31 equates to 0.1%, whereas Manchester at 385 equates to 0.74% and Leeds at 520 equates to 0.6% of the pupil population. Lancashire thus has a relatively low proportion of CME pupils. However, we do accept that for each of these individual pupils it is vital that relevant action is taken to engage them in appropriate education. The breakdown below shows how the 149 is made up, and the action being taken in each category to reduce the number: — 27 are receiving education at home that is judged not to be suitable (referred by EWS and Elective Home Education teams).

Action This is a complex area, as the lack of statutory powers to generally oversee such provision and the absence of a clear definition of what constitutes appropriate education for these children and young people means it is not always easy to reach a conclusion as to whether provision is such that the local authority’s duty to investigate should be triggered. However, in these cases School Attendance Orders have been initiated in appropriate instances, and in others further informal enquiries are underway which will inform a decision on whether or not to initiate School Attendance Order proceedings. In those cases where parents have indicated an acceptance of the assessment, assistance is being oVered to help these parents to return their children to mainstream education. — 45 are refusing to access the alternative provision set up for them (whether this is college placement, SEN provision (NTAS), Short Stay School, etc).

Action Where provision is available but not being accessed because of actions or inactions of parents, School Attendance Order proceedings are being explored when the provision is a school. In those instances where provision is other than at school, further work is taking place with parents and partner agencies to encourage the take up of the provision on oVer, or to review whether alternative arrangements should be considered. — 58 are awaiting assessment to access a service or are entirely new to the area and six currently have no PRS provision (due to over capacity) (41 pupils were notified to us by the pupil reintegration service as being on their “waiting list” for full time provision and 23 recently moved into Lancashire).

Action For new to area pupils many cases are resolved through the school admissions appeals panels. For SEN cases EPS assessments are undertaken where necessary to assist in the identification of appropriate provision and access to placements and/or support. Work is also undertaken to support the integration of pupils from our Short Stay Schools back into mainstream schools, through “In Year Fair Access” protocols and dual registration options, in order to free places for those pupils awaiting admission to Short Stay Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Schools following exclusion. For some extremely challenging pupils detailed risk assessments are undertaken to identify provision whilst maintaining the safety of staV and other pupils, which may include supervised distance learning. — Three are missing altogether (attempts to locate one of these pupils were unsuccessful and this pupil has now been referred to the police. However, two pupils have now been located and their whereabouts recorded and monitored).

Action We have robust procedures for tracing pupils who have gone missing—in 2004–05 82% of missing pupils were located whereas in 2006–07 96.2% of all pupils identified as going missing from Lancashire schools were traced. We are developing our protocols for the involvement of the police in those small number of cases where our enquiries have not resulted in missing pupils being located. — Seven are oV roll and awaiting a new school place, due to appeal, etc (notified by the admissions team).

Action Where pupils have been removed from roll outside of the criteria set out in the Education (Pupil Registration) (England) Regulations 2006 the Local Authority has a protocol for challenging unlawful removal from roll and requiring a pupil to be reinstated on the school’s admissions register. In those instances where a pupil has been excluded, parents have declined a place at a Short Stay School and expressed a preference for another mainstream school, these are resolved either through the “In Year Fair Access” protocol, or through the school admissions appeal process. — Three have never started a primary school at all (age five or six) (identified by the county CME oYcer).

Action Initial enquiries are undertaken to establish whether these pupils are in fact being educated otherwise than at school, in which case details are placed on the Elective Home Education database. In other instances, parents are advised on places in their locality, assisted with appeals as appropriate, and ultimately if necessary consideration would be given to School Attendance Order proceedings. Of the 149 on the list referred to 52 have already been removed, meaning that 97 pupils are still CME although other names have since been added.

Children at risk of forced marriage I trust the information above identifies the work undertaken to follow up those children identified as “not in suitable education”. In response to your question regarding the number of CME pupils at risk of forced marriage, our assessment is that none of the 149 pupils on our list are at risk of forced marriage. Regarding extended leave, in most instances the LA is not aware when children take extended leave as the request and decision to allow are entirely a matter for the school—this is a direct result of the way the legislation is framed. It is therefore diYcult for the authority to consider the risk to such children; in most instances we would not have any knowledge of the circumstances. The only occasions when the LA generally becomes aware of a pupil taking extended leave are where the school refuses the request and the child goes anyway, and school requests a penalty notice, or where a child fails to return at the end of the agreed period of leave. In this case the pupil is referred for further enquiries to be made. If in the course of those enquiries concerns were identified regarding the young person being at risk of forced marriage, the relevant Lancashire Safeguarding Children Procedures would be invoked (www.Lancashire.gov.uk/ safeguardingchildrenboard/). In considering the question “is it a forced marriage case” all local authority personnel are required to follow the guidance issued by the Home OYce, along with the Foreign and Commonwealth OYce guidance for Education Professionals Dealing with Cases of Forced Marriage, and the guidance in the DCSF documents Working Together to Safeguard Children (2006) and Safeguarding Children and Safer Recruitment in Education.(2007) If in doubt advice would be sought from the local police and/or the Forced Marriage Unit. In addition, in light of the new focus on schools’ awareness of the issue of forced marriage, we are amending our guidance to schools on managing requests for holidays and extended leave in term time to remind schools to consider whether forced marriage is likely to be an issue in those instances where extended leave is requested. School staV are made aware of these issues via a rolling programme of safeguarding training which is firmly underpinned by DfES/DCSF and LSCB guidance and procedures. In the event that Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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concerns do emerge they are required to follow Lancashire’s Safeguarding Children Procedures (2007).323 Where doubt remains advice is available from a number of sources including the Children’s Integrated Services’ Safeguarding Unit and Police. It is important to note, however, that there will always be instances where pupils are removed from roll because parents have elected either to move as a family to live abroad, or where individual pupils go to live abroad. In the absence of any pre-existing concerns regarding the likelihood of forced marriage, it is necessary for the local authority to be very careful of questioning what are perfectly valid decisions by families regarding their personal lives. We also have cases where families have been identified as missing, subsequently located as living abroad—even in some cases with confirmation from schools in Pakistan that the pupils have been registered there—and these pupils would not in fact feature on our missing pupils lists or our CME lists but their details would rather be placed on the relevant DCSF database.

Leeds

As at 7 March 2008, Leeds had 520 Children Missing Education (CME). Why is this figure so large? From the outset, Leeds has consistently taken a prudent approach to the recording and monitoring of Children Missing Education. The rigorous and progressive arrangements put in place typically exaggerates the true figure of children resident in Leeds who are not accessing appropriate education. Until either the whereabouts of a child is confirmed and the child is deemed to be accessing suitable education, or exhaustive investigations have been completed including a check of the child protection register by social care, Education Leeds retain it as an open case. Please also note, our 520 figure includes 100 children whose whereabouts could not be absolutely confirmed after thorough investigation, which included enquires through social care with the child protection register (as set out in our CME Case Closure Protocol—appendix 4). Our enquiries indicate that 99 of the 100 have left the country. The one remaining child could not be traced, despite detailed multi- agency involvement and tracking both regionally and nationally.

Can you provide a detailed breakdown of how this figure has been reached? Of our 520 CME Children: — 240 were referred as potentially being both not accessing suitable education and suspected as missing from a known address as at the date of their referral; — 257 were suspected as potentially not accessing approved educational provision; and — 23 were in Elective Home Education (EHE) which the Authority is actively monitoring as per agreed policy and proceedings. Of the 520, 420 are actively being followed up by the Local Authority’s CME Team and designated case workers.

What action is being taken to reduce this number? In September 2006, new Children Missing Education Procedures were implemented across all Leeds schools, replacing the previous Mislocated Children’s policy, as this did not encompass several groups of vulnerable children who were missing education, or, indeed were at risk of missing education. This coincided with the establishment of a CME Team, managed jointly by the Attendance Strategy Team Leader and the Data and Information Services Manager. The team consists of four full-time members of staV and one additional oYcer providing strategic and operational advice on an ad-hoc basis. The collaboration between practitioner involvement and the use of information has made the work of this team a significant success; and the CME team in Leeds is held up as an exemplar of good practice across the Yorkshire and Humber region. All CME referrals are recorded electronically and proactively tracked by the Children Missing Education Team, with multi-agency co-operation across Leeds. Every open CME referral has an allocated Lead Professional, who is responsible for ensuring enquiries and the case are progressed. Approval has been reached to integrate processes and share electronic records with the following agencies: — Children In Vulnerable Accommodation (CHIVA) project. — Independent Schools; — Leeds City Council Refugee & Asylum Seeker Support service.

323 Chapter 6 (Protecting Children in Specific Circumstances) includes guidance on forced marriage and provides an electronic link to the FCO (2004) guidance for social workers. A flowchart for cases where forced marriage is suspected is also included. (Ch 6, pp 14–15). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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— Leeds PCT. — Police (via Truancy patrols, etc). In raising awareness, the inaugural Education Leeds Children Missing Education Conference took place on 22 March 2007 at Elland Road, attended by 139 Schools, Services, Agencies and other LA representatives. Following this success, the second Children Missing Education conference is planned in Leeds on 30 April 2008. Relevant key partner agencies include: — Education (maintained schools, independent schools, Academies, PRUs and Special Schools); — Attendance Strategy Team; — Education Leeds’ Data Management team; — Children’s Social Care; — Health (Strategic Health Authorities, Primary Care Trust). — Police and Police Authorities. — Youth OVending teams. — Housing. — CHIVA (Children In Vulnerable Accommodation) Project; — Connexions; — Immigration Service; — Voluntary and Community Organisations; — Other local Authorities (CME network); — School secretaries, administration/designate persons; — Homeless hostels; — Accident and Emergency; — NHS walk-in Services; — Health visitors; and the — General Public. For those children potentially missing, one or more of the following investigative activities are carried out: — Visits to last known addresses. — Contact to other family members and neighbours. — Contact with other relevant agencies, such as other Education Services, Social Services Police and Benefits. — Systematic liaison with other Local Authorities across the country. — Tracing through use of other electronic resources/databases, such as School To School (S2S) website, Key To Success, etc. — Liaising with local PCT to trace families who may register with GPs in other parts of the city/ country. — Liaising with National Asylum Seeker Service (NASS) and Home OYce, as well as local Asylum Seeker Services. — Working with both Local Authority and Private housing/accommodation providers. In addition, whilst we acknowledge that the deployment of Contact Point during early-2009 will provide significant advantage in locating the whereabouts of a high proportion of “missing children”, the Authority still seeks to enter into formal dialogue with the Home OYce/Immigration Service to enable a clearer picture to be obtained.

What other concrete mechanisms do schools have to follow up cases where teachers are concerned the student may be at risk of forced marriage? Education Leeds strategy with regard to forced marriages is embedded within the Safeguarding Agenda. Our strategy was launched in April 2007 and sent out to all schools. The processes and protocols are based upon recommendations in Working Together 2006. They were developed in partnership with colleagues across the West Yorkshire consortium. It was agreed and actively encouraged by West Yorkshire police that all authorities come together to agree procedures that will be implemented by all Authorities across West Yorkshire. Education Leeds agreed with this and continues to be an active partner in developments across the consortium. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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As per the agreed protocol all initial referrals are made to the Designated Teacher for Child Protection in schools. Once the designated teacher has received the referral this is automatically pass through to Social Services and the process highlighted in Appendix 1. Systems are in place to monitor through our Safeguarding Agenda and are based on partnership working and the DCSF guidance. Further examples of our guidance and procedures is provided in Appendices 2–4. The Education Leeds Child Protection file includes the following section:

Forced Marriages 43. Forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor. It is an entirely separate issue from arranged marriage, and the two things should not be confused. Forced marriage is a human rights abuse and falls within the Crown Prosecution Service definition of domestic violence. Young people at risk of a forced marriage may be experiencing emotional and/or physical abuse at home. 44. The FCO and DfES have produced practical guidance for education professionals, “Dealing with Cases of Forced Marriage” which is available at www.fco.gov.uk 45. If there are concerns that a child (male or female) is in danger of a forced marriage, schools and FE institutions should contact the Government’s Forced Marriage Unit, where experienced caseworkers are able to oVer support and guidance (www.fco.gov.uk or 020 7008 0230). The police and children’s social care should also be contacted. All those involved should bear in mind that mediation as a response to forced marriage can be extremely dangerous. Refusal to go through with a forced marriage has, in the past, been linked to so-called “honour crimes”. 46. The flow chart on page 78 is taken from Young People and Vulnerable Adults facing Forced Marriage: Practice Guidance for Social Workers (www.teachernet.gov.uk/childprotection/guidance.htm) and shows the steps that are followed in dealing with cases of forced marriage. There is a close link with our Children Missing Education procedures in relation to those pupils that aren’t immediately found through our internal CME procedures and are referred to the West Yorkshire police; Social Care and the Safeguarding Board.

What precisely is being done by the authority to follow up those children identified as not being “in suitable education” and to assess how many are at risk of forced marriage (including consideration of the 100 referrals to the Leeds Safeguarding Board)? For those children deemed not to be accessing suitable education, one or more of the following activities is undertaken: — The CME team and designated case workers work directly with the Education Leeds’ Admissions and Transport team, where there is a named oYcer providing dedicated support for these children and young people to access a school place. — The CME team (and Admissions and Transport team) works progressively with the five Area Management Boards (and other partners) to plan a reintegration package to facilitate placement for both the child and receiving school. — A dedicated Asylum Seeker and Refugee OYcer is in place to support International New Arrivals in over-coming barriers to receiving suitable education. — The Local Authority provides a framework of legal intervention, such as School Attendance Orders. — The Leeds Parent Partnership and Choice Advice Teams provide independent expert support and advocacy services to parents, carers and their families. To date none of the children referred to Education Leeds as CME have been identified as being at significant risk of forced marriages. As part of this check Education Leeds asked social care to check whether the 100 cases identified were children already known through the child protection register. The monitoring of CME is included in the LSCB Business Plan as a component of the Multi Agency Performance Management Framework. Children’s Services and Education Leeds are developing links with the Government’s Forced Marriages Unit and would welcome further dialogue on reducing the risks to young people of forced marriages. Education Leeds have taken the opportunity to be involved previously and are currently in consultation with the DCSF around Forced Marriages and Children Missing Education. Education Leeds OYcers are willing to have further discussions with the Select Committee if they would like further information. We know from feedback from DCSF centrally and from the regional Children Missing in Education Group that locally and Nationally we are regarded as leading best practice in relation to CME. If you Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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require any further information please do not hesitate to contact Carol Jordan on 0113 247 5641 Director of Inclusion and Integrated Children’s Services for Education Leeds. (Leeds also provided a copy of their process for referral to Social Services and extracts from their guidance and procedures.)

Leicester Follow up on figures previously reported—294 children missing education.

Why is figure so large? One reason why this figure seems large in comparison to other areas may be because of the methodology used when trawling records. The city conducted a thorough check of over 13,000 historical records. The database is comprehensive and will include names of children who have at some point accessing provision in the area, for example three and four young olds in nursery provision, but not moved on to City schools or moved to private education. The City does experience a high rate of cross border traYc with Leicestershire County Council which surrounds the City area.

Detailed breakdown of the 294 — 261 are untraced despite extensive action taken (112 of these are cases that relate to dates prior to the new duty), — 19 children who are known to be in the area and the Education Welfare Service are working towards them starting at a school, — five are being placed by a Student Placement Panel (Hard to Place), and — nine are statemented and awaiting placement. The figures are derived as a result of trawling the entire database for children of statutory school age where no current school is indicated. For all such records, extensive investigative work is carried out by the ONE Database team and later by the Education Welfare Service to determine the whereabouts of the child. When all investigative avenues have been pursued and the whereabouts of the child remains unknown, the child is classified as missing. On 5 March there were 261 such cases. The figure today stands at 273 and below is a spreadsheet providing the gender and age analysis together with an ethnic profile. The analysis has been subdivided into pre-2007 cases and those that emerged in 2007 or later. The pre- 2007 cases have increased in number compared to the figure reported on 5 March. As a result of the 5 March work and subsequent FOIA requests, Leicester has refined reporting to much more accurately pick out the date of last contact with each child.

Untraced children with whom we lost contact earlier than 2007 (ie pre the statutory duty for CME)

Ethnic Classification Girls Boys Total Ethnic field is blank 56 78 134 AAFR—African Asian 1 1 AIND—Indian 5 4 9 AOTA—Other Asian 3 3 6 APKN—Pakistani 2 1 3 BAOF—Other Black African 3 3 6 BOTH—Any other Black background 3 3 BSOM—Somali 8 5 13 CHNE—Chinese 1 1 MWAS—White/Asian 2 2 MWBA—White/Black African 1 1 MWBC—White/Black Carribbea 1 1 NOBT—Info not obtained 2 2 OOTH—Any other Ethnic Group 4 6 10 REFU—Refused 1 1 Traveller—Irish Heritage 1 1 WBRI—British 4 1 5 WEUR—White European 2 2 WIRI—Irish 1 1 2 WOTW—Other White 1 1 WROM—Roma/Roma Gypsy 1 1 2 Total 92 114 206 Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Untraced children with whom we lost contact in 2007 or later (ie after the statutory duty for CME)

Ethnic Classification Girls Boys Total Ethnic field is blank 32 26 58 AIND—Indian 1 1 BAOF—Other Black African 1 1 BOTH—Any other Black background 1 1 CHNE—Chinese 1 1 NOBT—Info not obtained 1 1 REFU—Refused 1 1 WBRI—British 1 1 2 WOTW—Other White 1 1 Total 34 33 67

Untraced children with whom we lost contact earlier than 2007 (ie pre the statutory duty for CME)

Age as at 1 September 2007 Girls Boys Total 5156 6257 7 8 15 23 87613 9 8 15 23 10 31720 11 81220 12 16 13 29 13 12 11 23 14 16 8 24 15 11 7 18 Total 92 114 206

Untraced children with whom we lost contact in 2007 or later (ie after the statutory duty for CME)

Age as at 1 September 2007 Girls Boys Total 5112 6347 7347 8235 98715 10 3 2 5 11 3 2 5 12 3 3 6 13 2 1 3 14 3 2 5 15 3 4 7 Total 34 33 67

Action being taken to reduce this number After interrogation of the database, steps are then taken to trace all children not located prior to classifying them as missing including: — home visits; — talking to neighbours; — checks with housing oYcers; — following up siblings records for those in education; — NHS GP registrations; — connexions service follow up for older young people; and — checks with social care and safeguarding oYcers. In the past they have been able to seek information from the Benefits Agency, but due to the volume of requests, BA is now refusing to cooperate unless there is a specific child protection issue. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Leicester City has issued guidance for schools on children missing education procedures and forced marriage (both attached). There is some anecdotal evidence of Head Teachers talking to individual young women about to go on holiday overseas to ascertain if they have any concerns about the possibility of forced marriage. Further information in response to Leicester’s earlier return that stated, “there is absolutely no indication from any source that forced marriage could have been an issue for any of these pupils”. The attached guidance describes the procedures in place and guidance to schools on possible indicators. This earlier statement is based on evidence available, and to the best of Leicester City Council’s knowledge forced marriage is not an issue for any of these pupils. No one has said anything to any professional working in any aspect of children and young people’s services that might indicate any risk of forced marriage. If a risk was identified it would then be handled as a child protection issue, in which case visits to the home would not be appropriate, but the case would be referred to social care and safeguarding.

Luton

Contextual information We are alert to concerns about forced marriage, particularly amongst school age pupils. We also note the view of the Forced Marriage Unit that “a typical case concerns a young girl between the ages of 16 and 24”. Dr Nazia Khanum, in her recently-published study entitled Forced marriage, family cohesion and community engagement: national learning through a case study of Luton makes a similar point about girls and forced marriage, saying “the time of greatest risk comes when they complete compulsory education at 16”. Therefore we are cautious about drawing strong conclusions around the connection between children missing education and forced marriage.

Of the 66 open cases how many were removed from roll with no named destination? 18.

Of the 66 open cases how many were not returned from extended leave during term-time and removed from school roll? Children who have not returned from extended leave during term time on the agreed date are removed from school roll in accordance with the guidance on absence and attendance codes issued by the DCSF. They are then referred to the Education Welfare Service. This does not of course mean that they remain abroad. There were 48 out of school referrals for the period. 38 of these referrals were made by the Schools Admissions Service, for reasons including a late return from leave abroad and parent refusing alternative school places oVered for their children. A total of 10 referrals were made for new arrivals in Luton either from other areas in or out of the UK.

How are such cases followed up? All cases referred to the CME Co-ordinator are followed up according to procedures laid down in the CME policy, which closely follows DCSF guidance. These include the EWO making inquiries at school, home visits and inquiries with the neighbours and extended family and friends. Written inquiries are made at the last known address; children’s social care databases are searched to identify the level of risk or previous safeguarding concerns. Inquiries are made with other LAs through S2S messaging. Further inquires are made where appropriate with housing associations and departments, immigration, and health records to identify the child’s location. If located elsewhere in the UK (alternative address) the local Education Welfare Service is contacted to follow up the case. Where there is a risk of significant harm, children’s social care and police are asked to lead on inquiries and joint working takes place. These higher risk referrals take priority.

Could any of these be forced marriages cases? None identified. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Is there a process for considering if these are forced marriages cases? Within the process for identifying children missing from education, an assessment of the educational as well as welfare needs of the child is made and if there were concerns regarding the possibility of a forced marriage, the protocols for forced marriage within the Local Safeguarding Children Board would be followed. All concerns about the safety of a child would be acted upon in accordance with the guidance contained within the local safeguarding children procedures.

How do we satisfy ourselves that these are not forced marriages? There are robust processes in place to identify, where possible, all children at risk of harm. Local safeguarding procedures are in place and followed.

What indicators/factors do we look for? Concerns, signs/indicators expressed by the child in school regarding their own welfare or being worried about a trip abroad, poor performance and poor attendance. General indicators of emotional and domestic abuse—living in an environment of power and control. Previous referrals/concerns expressed on safeguarding chronologies held in school or with Children’s Social Care. If a school is concerned that a child is in danger of a forced marriage, then it would follow the process described in the LSCB Safeguarding Procedures and contact Social Care immediately. Social Care would convene a strategy meeting that would include a representative of the police. One of the tasks of the strategy meeting would be to agree who would contact the Forced Marriage Unit for advice.

Manchester

Reasons for the figure being so large and action being taken to reduce the number Manchester currently includes on the CME data base all children who for any reason are not on a school roll as well as those who have been on a school roll and are reported as “missing”. This practice is currently being reviewed as part of the wider Children’s Services review of (i) data collection, procedures and processes in relation to mid-year admissions, (ii) the administration of In Year Fair Access protocol and (iii) tracking those children who are “missing education” and those whose “whereabouts are unknown”. Every child or young person on the CME data base has a “named worker” and the CME OYcer maintains contact with the worker to check on the current status of individuals. One particular issue for Manchester and other Authorities with high levels of migration is the issue of families moving into and out of and around the City and the potential for the whereabouts of some children to become unknown in that process. Manchester also has a significant number of International New Arrivals (INA) including refugee and asylum seekers There are currently 367 children on the data base including: — 77 Year 11 pupils; — 12 young oVenders released from Custody; — 54 new to the City/Country, Travellers, Asylum Seekers; — 28 permanently excluded; — 129 where after four weeks continuous absence, a pupil is referred to CME OYcer; and — 44 pupils referred to CME OYcer still in the process of tracking.

What mechanisms do schools have to follow-up cases where teachers are concerned that the student maybe at risk of a forced marriage? The current advice to schools is that where they have concerns about the safety of a young person the child protection procedures must be followed and the concern should be treated as a safeguarding issue. Safeguarding and Child Protection guidance should be followed.

What is being done to identify those children “not in education” and assess how many maybe at risk of a “forced marriage”? Schools are provided with clear guidance about the action to take should they become concerned about the whereabouts of any child or young person. All schools have a copy of the Education Pupil Registration Regulations which provide detailed advice regarding when a child or young person can be deleted from the school register. Schools must provide evidence that demonstrates reasonable enquiries have been made to Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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locate the child. Following this further enquiries and a home visit to the last known address are carried out by a School Attendance OYcer prior to the child being referred to the “Children Missing Education” (CME) OYcer. In respect of the actual number of girls whose whereabouts are currently “unknown”, the figure for Manchester is 38 girls. Of these, 22 are secondary school age (11–16 years) and 10 are 14–16 years old (Year 10 and Year 11). The ethnicity of the 22 girls includes: Irish (one), Iranian (one), Other Asian (one), Other Pakistan (two), British (four), Roma (one), Nigerian (one), White European (two) and Not Known (nine). Of the 38 girls, 20 have at one time been registered on a school roll and of these 12 are of secondary age. Names are recorded on the CME data base when schools have taken the actions outlined above. Once a child’s name is recorded the CME OYcer commences tracking. A request is sent to the Primary Care Trust (PCT) for information and a message is posted on “School to School” (S2S) which is a secure file transfer system available to all schools and Local Authorities. Children are only identified as “whereabouts unknown” if the PCT has no information and there is no response from S2S. There then follows a continual process of checking to see if a child or young person re-appears in Manchester/anywhere in England, Scotland, Northern Ireland, Republic of Ireland or Wales. The Local Authority developed Guidance for Schools Children Missing from Education Guidelines and Practice which was circulated to all schools and establishments in September 2006. In addition, the Local Authority is in the process of re-issuing guidance to schools: Practice Guidance for Educational Professionals and Protocol for Young People Facing Forced Marriage reminding them of the need to remain alert to the potential risk for young women of a forced marriage and action to take in these circumstances.

What are the processes for following-up children whose “whereabouts are unknown”?

Once a child or young person has been reported to the CME OYcer the process of tracking begins: — a request is sent to the Primary Care Trust (PCT) for information; — a message is posted on School to School (S2S); — the request to the PCT is followed up at regular intervals (two monthly) to check if the child has been located; — if an address is provided in another town, the CME OYcer will contact a CME colleague in the other Local Authority; a home visit to check will be arranged; and — once established that a child is resident and registered on a school roll in another Local Authority, the CME and EMS database is updated.

Middlesbrough

Middlesbrough were not asked to provide further information as their original return (6 March 2008) showed 23 children judged to be not receiving a suitable education, but they knew the whereabouts of all of them and none were forced marriage cases.

Newham

Newham provided figures concerning 23 children who had been identified since 1 January 2008 as missing education. None of these children were thought to be at risk of Forced Marriage. It should be added that in this authority many other children have been removed from school roles but it has been known which schools they moved to. These figures are based on referrals received from a number of sources and if the referral is not from a school, the details are sketchy. The sources include: — Schools where pupils leave school roles. — Pupil Services where families make application for a school place upon moving into the Borough. — Newham University Hospital Trust. Any child who attends A&E for whom parents are unable to supply details of a school are referred. — The Police Merlin reports where children who are the subject of the reports are found not to be in education. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Of the 23 children identified, 12 are male. Four of these are primary age. Their dates of birth and ethnicity/ nationality if known are as follows:

Date referred Date of Birth Ethnicity/Nationality 11 January 2008 28 December 2003 Pakistani 15 January 2008 6 July 1992 n/k 23 January 2008 11 November 1997 Spanish 25 January 2008 11 March 1994 n/k 25 January 2008 8 January 1994 n/k 25 January 2008 19 July 1995 n/k 25 January 2008 6 March 1995 n/k 12 February 2008 26 February 2002 n/k 13 February 2008 12 October 1999 Polish 27 February 2008 14 January 1992 French 27 February 2008 10 July 1992 n/k 27 February 2008 2 April 1992 n/k

10 girls have been identified. Of these, five are of primary age. Their dates of birth and ethnicity if known are as follows:

Date referred Date of Birth Ethnicity/Nationality 11 January 2008 4 December 2002 Pakistani 21 January 2008 9 October 2002 Asian 13 February 2008 19 February 2008 Indian 19 February 2008 17 December 1999 n/k 15 February 2008 12 February 2002 Russian

Of the remaining five, secondary age girls, one (African dob 3 September 1991) is now attending a Newham school and is no longer missing education. One child is white UK, date of birth 14 October 1991. One child is Somalian, date of birth 18 May 1995. Two young people are of appropriate age and ethnicity to raise concerns about forced marriage though there is nothing to suggest in the paperwork concerning either that anyone identified that this is an issue. One of these young people is Indian, date of birth 1 February 1992. She moved from Dormers High School in Middlesex to live with an aunt in Newham. An application was received by Pupil Services on 10 September 2007. She was oVered Forest Gate School and attended there until December. Very recent contact with her aunt indicated that she had moved back to Ealing Broadway and has attended school there since February. Further checks are being carried out. With regard to the other, (Pakistani—date of birth 27 January 1992), she was a new entrant from Pakistan. An application was received by Pupil Services on 23 November 2007. She was oVered an interview to NEWLAP, our facility for new entrants in Year 10/11. There was no response to this or an oVer of a further interview. A relative has been contacted and said that the young person returned to Pakistan for the Easter Holiday break and will be in this country on 21 April 2008. Further checks and follow up are being arranged for next week One child does not have gender recorded. This child however is of primary age—date of birth 26 February 2002.

Tower Hamlets Tower Hamlets recorded 16 children as “missing” in their previous return as of 10 March 2008. The Authority was asked “How many children are judged to be not receiving a suitable education (either currently, or at the last date for which figures are available—please ensure the date is also provided)”. Our reply on 10 March was that there had been 46 children referred since September 2007, 30 of whom had been admitted to school by 10 March 2008. This left 16 cases being worked with by the Attendance and Welfare Adviser (AWA) for Children Missing Education (CME). These were all children confirmed as living in Tower Hamlets who were not currently on a school roll and this figure did not relate in any way to forced marriage. A further 20 were being checked by the AWA (CME) to determine whether they had taken up school places that had been oVered or were out of school. None of these were linked to forced marriage. These children are classified as “children missing education”. Records are also kept of and searches undertaken for “missing children” who are no longer living in Tower Hamlets and whose whereabouts are unknown. There were 27 names on the Missing Children Register (MCR), on 20 March. 12 have been added in the current academic year. These are not the same children as “children missing education”. Forced marriage was not reported as a contributory factor in any of the 27 cases. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Initially, attempts are made to contact the family by the school and a referral is then made to the Attendance and Welfare Adviser (AWA). The AWA checks with the housing directorate, including housing benefits and free school meals, Children’s Social Care, Pupil Services and a home visit is paid to the last known address. A formal referral is then made to the MCR where further checks are conducted through a number of databases including Student Finance Direct (to track parents possibly), THIS Child Online (web based inter agency CAF register), NOMAD (Gypsy and Travellers), MISPERS (Police) and Tower Hamlets Health. Where children’s whereabouts still remain unknown, schools are advised to place the details on the DCSF s2s Missing Children Database and the LA posts a note on s2s that the child is missing. Bi-annual checks with Health, the Police and last known school, are completed. Whether any of the cases could be potential forced marriage cases, and what evidence has been used to determine that, or otherwise. Forced marriage was not reported on the MCR referral form, which monitors domestic violence and asks for any relevant information to be provided. The Children Missing Education Guidance (CME) advises schools to report any concerns on forced marriage to the Child Protection Advice Line, which oVers advice on safeguarding and operates as the child protection referral mechanism for children.

Waltham Forest

There are currently 28 cases plus nine additional YOT referrals where pupils are only attending part time education. See details below. KS 1: 2 pupils both have been oVered school places but they are not local and parents are refusing to send due to distance. EWS are involved. KS 2: 3 pupils: — one subject of SENDIST parent requested independent school currently home educating visit to be arranged; — one pupil has been permanently excluded parent is refusing the PRU oVered by the LA and parent has said that she lives in Redbridge. Pupil subject of a statutory assessment case to be transferred to Redbridge; and — one pupil in temporary accommodation—EWS involved. KS 3: — five pupils attending Education plus and receiving approximately 10 hours 1:1 tuition—two are subject to a SENDIST, two have attendance problems and EWS are involved and one is waiting for SEN consultation with an out borough school. Seven pupils: — one is a traveller who has an allocated school but following an assault parents are refusing to send them—Travellers Education Service are working with the school and families; — two have moved out of the LA but we have not yet been informed that they have started school— EWS in all LAs are informed; — two are travellers who returned to Romania at Christmas and have not returned—are on a school roll one parent is refusing an allocation made by HTPP—a meeting has been arranged with social inclusion and EWS and parent and young person; and — one new arrival living with sister and her husband—EWS involved. KS 4: — four pupils attending Education Plus—two travellers, one school refuser EWS involved, one referred for vocational pathway; — four pupils known to EWS court proceedings being followed; — one pupil stopped attending vocational pathway to be re-interviewed; — traveller who has an allocated school but following an assault parents are refusing to send them— Travellers Education Service are working with the school and families; and — one traveller who has just had a baby. There are also nine pupils referred to CME Panel on 3 April by YOT who are not attending full time education for a number of reasons. These will be followed up by the relevant services. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Annex B

Letter from Christine Gilbert, Her Majesty’s Chief Inspector Ofsted

Local Authority Duty to Establish Identities of Children not Receiving a Suitable Education Thank you for your letter of 11 March 2008, in which you express interest in Ofsted’s view on how well local authorities are implementing their duty to establish the identities of children not receiving a suitable education in line with the statutory guidance issued in February 2007. The framework for the inspection of local authorities requires inspectors to examine and report on this aspect of provision in the safeguarding section of the report. We have reviewed all the joint area review reports for those local authorities inspected since April 2007. Our findings show that the majority of the local authorities inspected during this period have good procedures in place for tracking children and young people missing from education and/or care. Many local authorities work well in partnership across agencies and with organisations such as the police and Barnardos to provide dedicated services aimed at young people who go missing. Some local authorities have well established cross-border protocols with neighbouring authorities to enable them to share information about missing children and young people to track them more eVectively. However, in a few areas there is a lack of over-arching co-ordinated approach to collecting and recording the data related to missing children and young people, which makes it diYcult to establish their whereabouts. In other authorities links with the police, health and voluntary organisations are not suYciently established. It is clear from our findings that the best practice involves local authorities establishing good links with schools, collecting and monitoring the attendance data regularly and working closely with other agencies. We have issued clear guidance to our inspectors involved in current and forthcoming joint area reviews to give particular attention to this specific issue during their inspections.

Annex C

Letter from Kevin Brennan MP, Parliamentary Under-Secretary of State for Children, Young People and Families to Christine Gilbert, Her Majesty’s Chief Inspector

Local Authority Duty to Establish Identities of Children not Receiving a Suitable Education You will be aware that I have recently given evidence to the Home AVairs Select Committee on the issues of forced marriage and the duty that local authorities were given through the Education and Inspections Act 2006 to make arrangements to establish (so far as it is possible to do so) the identities of children residing in their area who are not receiving a suitable education. As you will know, the duty applies in relation to children of compulsory school age who are not on a school roll and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision). Statutory guidance was issued in February 2007 on how to undertake the duty, including appropriate action where children were missing from their school. The guidance includes reference to the new duty being monitored as part of the existing judgements made by Ofsted on the outcome for staying safe. My oYcials have assembled data from a number of areas to inform my evidence to the Select Committee. As you would expect, the volumes of young people identified under this duty are very variable and the information we have had from local authorities has illustrated the wide variety of circumstances which can lead to children being identified as not receiving a suitable education. It is now just over a year since local authorities assumed the new duty. I would be interested in your view about how well this new duty is being implemented and if there are any lessons that local authorities should learn from practice over the last year. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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APPENDIX 81

Memorandum submitted by Rights of Women Rights of Women is a well established not-for-profit women’s organisation committed to informing, educating and empowering women on the law and their legal rights. Established in 1975, we have a long history of addressing discrimination and violence against women including Black and Minority Ethnic Refugee and asylum seeking (BMER) women and women who are disadvantaged or living in poverty. We aim to make the law accessible to all women and help them achieve justice and equality. We run two national confidential legal advice lines for women provided by women solicitors and barristers; one specialising in family law issues, including domestic violence and the other providing legal advice and support for survivors of sexual violence. We also produce publications on key areas of law aVecting women including our Domestic Violence DIY Injunction Handbook (now in its second edition) and our most recent publication Pathways to Justice: BMER women and the law. We also run an outreach training programme, conferences and other events to raise awareness of women’s legal rights and remedies and undertake policy, campaigning and research work. In our experience, as specialist family law solicitors and barristers and from advising up to 2,000 women per year on our legal advice lines, the various charges and fees involved in applying for (and, if breached, enforcing) a non-molestation and/or occupation order, can be calculated as follows: (1) The bare cost of representing yourself in these proceedings would involve: Swearing your sworn statement at a solicitors firm £5 (plus £2 per exhibit) Court fee £60324 Service of without notice application/order £75–£150 depending on process servers’ fees Service of order following return date £75–£150 (as above) Applying to enforce the order £40 In addition to this costs, may also be incurred obtaining a GP report (approx £50) or other evidence from the Police or hospital. The cost of representing yourself when applying for a non-molestation/occupation order could therefore range from about £300–£450. (2) The cost of instructing a solicitor to apply for a non-molestation/occupation order could range from £1,500 to £3,000 depending on the complexity of the case and the number of hearings. Solicitors fees vary but a typical high street solicitor may charge an hourly rate starting at £150 per hour. The range of additional costs outlined above, in (1), would also apply.

APPENDIX 82

Memorandum submitted by Leicester City Council I am writing with reference to the letter dated 12th March from the Rt Hon Keith Vaz MP, regarding the above issue. This letter was originally addressed to Sheila Lock the Chief Executive of Leicester City Council and has been passed to me for a response. In the first instance, please accept my apologies for the delay in responding. I note from the letter that responses were required by 20 March. I had a telephone conversation with a colleague in your oYce today, who advised that it would still be helpful to receive a response from Leicester city for future meetings on this matter. The letter states that any submission should comment on the fact that the area responding, in this case Leicester city, should comment on the fact that it has been identified by the forced marriage unit as having a high prevalence of forced marriage and the actions taken to raise awareness. In the first instance I would like to assure you that to the best of our knowledge in the city we do not have a high prevalence of forced marriage. Whilst we are one of the most ethnically diverse cities in the country, with over 34% of the population from Black and Minority Ethnic communities, there are no known cases of forced marriage open to the Department. In early March we advised Government OYce East Midlands that there were approximately 294 children in the city not receiving education. However, of these: 19 are known to be in the area and the Education Welfare Service was working with them in school; five were being placed by Student Placement Panel (Hard to Place); and nine had Statements of Special Educational Needs and were awaiting placements.

324 Figures taken from Courts Service website: http://www.hmcourts-service.gov.uk/ Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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In terms of the remaining 261, 112 of these relate to cases prior to the new duty introduced in February 2007. All were followed up but being historical some cases are diYcult to trace. Advice has been taken from the DCSF on the eVorts made locally to resolve the incomplete historical records. When taking into account the consistent measures taken by Leicester City Council to resolve this issue, the DCSF noted that “you and your partner agencies appear to have done everything possible to establish the whereabouts of the children you are unable to trace. The new duty is for local authorities to identify children not receiving education ‘so far as it is possible to do so’, so your procedures and records will be able to show that you have done that”. We have a full breakdown of gender and ethnicity (where provided) by year group of the untraced children/ young people from which we can deduce that there are fewer than 6 girls of Asian origin in year 8 and above. However, in terms of the relationship between children not receiving education and forced marriage, there is no indication from any source that forced marriage is an issue for any of these untraced pupils. Certainly if this was an issue the authority would regard this as a child protection matter. I would want to assure you that we have robust procedures in place for identifying and responding to children not receiving education in the City. We have a range of coordinated activity led at a senior oYcer level, which includes: — Checks on all LA data bases throughout the country — A series of home visits throughout the city including information gathered from local community including neighbours — Liaison with Connexions service. — Thorough interrogation of the city council data base. — Pursuing information from searches of siblings school records. — GP registration records. — Benefits agency checks. There is a range of actions ongoing to pursue information on all untraced young people. However, I would want to point out that many of these missing young people never actually started school in Leicester. The names were either picked up at pre-school stage, or families applied for school places but did not present the child to start school. The issue of forced marriages is included as a subject of discussion in some schools in the PSHEE/ Citizenship curriculum. Some schools have used the “Someone to Watch Over Me” video package, which includes guidance on forced marriage. In addition, a programme of child protection training is carried out across schools in Leicester city, which includes reference to forced marriages as a child protection issue. The issue of forced marriages will be included in the revised child protection procedures issued to schools. I hope this clarifies the position in relation to forced marriage and children not receiving education. However, please do not hesitate to contact me should you require further information. 27 March 2008

APPENDIX 83

Memorandum submitted by Lancashire County Council Thank you for your letter dated 12 March 2008 addressed to Mr Trinick. Mr Trinick has asked me to respond on his behalf as he is on annual leave. I enclose a copy of a letter sent to Mr Nigel Burke, Director for Children and Learners at Government OYce North West (GONW) earlier this month in relation to Forced Marriage and Children “Missing” Education. It maybe helpful for you to know that Lancashire has a school population of 150,000 children and young people, so the figure of 149 pupils missing education needs to be seen in context. It may also be helpful to know that less than 10% of those 149 children and young people come from ethnic minority backgrounds. In respect of Forced Marriage as you will see from the letter to Mr Burke dated 27 February 2008, Lancashire are taking this matter seriously and you will see evidence of this from the work the Strategy Consultation Planning Group has done. The Lancashire Safeguarding Children Board (LSCB) will also be monitoring and overseeing the work of this group. It would be helpful if you could advise us of the timescale for any submission to the home aVairs committees’ current inquiry into Domestic Violence and Forced Marriage as clearly the information we would want to submit would depend on the deliberations of the Strategy Consultation Planning Group. I hope this information is helpful and hope this is suYcient for your needs. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Dear Nigel

TACKLING FORCED MARRIAGE—ENGAGEMENT WITH SCHOOLS Thank you for your letter dated 21 February 2008. I am now in a position to oVer the following response. In relation to points 1–6 the Local Authority unfortunately are unable to answer these questions at present. The Local Authority would however be in a position to approach the 15 secondary schools with the highest numbers of young people from relevant ethnic minority groups in two weeks time to find the answer to the questions if this would be appropriate? At present the Local Authority are not aware that forced marriages have been as strong an issue in Lancashire as elsewhere in the Country, but would certainly look into this further if required. In relation to question 7, I can oVer the following response. The issue of forced marriage is covered in Chapter 6 (paragraph -78) of Lancashire Safeguarding Children Procedures (Protecting children in specific circumstances) and it also contains an electronic link to the document produced by the Foreign and Commonwealth OYce in 2004—Young people and Vulnerable Adults facing Forced Marriage, Practice Guide for Social Workers. There is currently a consultation group looking at the Forced Marriage and Honour based violence strategy led by the CPS and Lancashire Constabulary and at the last meeting of the Strategy Consultation Planning Group held on 25 January 2008 they considered what work could be commenced immediately and decided as follows: 1. Updated training packages on FM/HBV have been developed by Mussurut Zia. They are suited to any audience. Ways of organising delivery to an increased number of police oYcers and other agencies to be explored; also increasing the number of trainers. 2. Police developing a process map to assist oYcers. 3. Posters and other information material to be obtained from Forced Marriage Unit/Home OYce and displayed in schools, youth centres, etc. 4. Legal training package to be delivered to specialist prosecutors. 5. Draft document explaining what religions actually say about forced marriage/HBV to be prepared and submitted to appropriate persons/bodies for comments. On the conclusion of this consultation and review of the strategy the Lancashire Safeguarding Children Board (LSCB) will need to agree a way, via the quality assurance and performance sub-group, of measuring the outcomes of any changes in policy and practice. I hope this information is of assistance and I apologise that the Authority can not provide any further information to the first six questions at this time, but if you could let me know if you would like us to look further into these questions in two weeks time, the Authority will be in a better position to respond to you. 20 March 2008

Domestic Violence, Forced Marriage and “Honour”-Based Violence eConsultation

SUMMARY OF RESPONSES

1. National Policy and Strategy

An overarching cross-departmental strategy

Several respondents highlighted the need for a strategic integrated cross-departmental Government response to domestic violence, forced marriage and honour based violence. They outlined a variety of elements which should be included in such a response including awareness raising and training, prevention, education, crisis intervention, criminal justice intervention to deal with perpetrators and longer term support for victims. Respondents emphasised associations between domestic violence and a wide variety of social problems which they felt should be recognised in a cross-governmental strategy: “We can see links between [domestic violence] and so many things such as crime, substance misuse, housing problems, behavioural problems in children and young people, illness such as depression, anxiety and injuries, minor or otherwise” (Ali). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Respondents suggested that the Government should consider the high costs of domestic violence to the taxpayer and the savings that could be made by investing in prevention and support for victims: “The cost of domestic abuse to the tax payer is in the billions. This is not including the emotional cost to victims and eg their friends, relatives and neighbours.” (Front line). “Victims of domestic violence are members of the community, tax payers and victims of crime so why are they not acknowledged as such by all those in a position to make a real diVerence and change lives and behaviours for many generations to come? Money is a small price to pay to reduce suVering and death and in very cold terms service provision is cost eVective in the criminal justice system alone” (dias).

A gender based strategic approach?

Several respondents suggested that the cross-government strategy should be part of a broader programme of combating violence against women, which emphasises gender equality and protects women’s rights. Scotland was cited as an example of good practice in this regard: “If the British parliament adopted an anti-violence against women policy, within this the levels of violence would be recognised and acknowledged [including] front line services. . .children’s workers. . .systematic awareness raising. . .all organisations having policies linked to performance indicators. . .women and children escaping violence would be risk assessed and given priority housing [and] benefits. . .CPS, police [and the] judiciary system would all be working together to bring perpetrators to justice. . .all women would be oVered safety regardless of their British identity and all forms of current violence to women including the male abuse of women through prostitution would be recognised as such” (Ap1) “I would like to see stricter legislation protecting women’s rights” (Victim) “Women and children have the right to live without violence or the fear of it” (Front line) “Recognition that there is a war primarily against women and many children requiring all the powers of the State to fight with the same energetic approach and funding enthusiasm that is applied to wars” (Tiscali) “If we continue to avoid discussion and debate around sexism and male dominance then we will continue to focus only on the paltry resources that have to be fought for on a daily basis. Changing men would ultimately mean that fewer resources would be required.” (Radish) “I’d also love to see the government get much tougher on the root causes of domestic abuse— gender inequality. Compulsory gender pay audits, equal maternity and paternity leave, improved women’s pensions etc could all contribute to ending gender-based violence. But the government needs to be brave enough and radical enough to do these in the face of criticism from the usual suspects. . .I won’t hold my breath” (Campaigner)

Other posters argued that taking this approach to domestic violence policy could be damaging and that current policy and funding is already inadequate for protecting and supporting male victims: “Look at who commits the crime not the gender. Violence and abuse needs to be taken out of Gender Politics it damages children!” (NormalFather) “Too many organisations have made [domestic violence] a campaign and as such have gendered the subject to support their campaign objectives. . .Domestic Violence is a people and society problem, and although statistics and research can be used to sell any message, the fact is, [domestic violence] aVects everyone it touches and knows no boundaries between gender or race. Please ensure all future Government led [domestic violence] initiatives target perpetrators of either sex equally, and protect victims of either sex equally.” (drthomas) “If [domestic violence] is under reported across both genders, the truth has to be that men under report a lot more than women, given the myriad of support channels open to women compared with men. If you fix this, and turn this into a people issue and not a gender issue, you will reap the rewards of eVecting change.” (drthomas) “There is a whole industry—very profitable [-] keeping women in a state of victimhood. . .lets move past the feminist rhetoric and have a more intelligent service based on the needs of victims not the needs of the charities egos and academics (mainly women) that are benefiting from this parasitical problem” (lorca) “Redistribute existing funding of victim support, promotion and influencing-the-public-opinion- via-media in fair proportion to the number of male and female victims. Approximately 1/3 of victims are men. Funding men’s support is non-existent.” (Leo) Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Some respondents looked more broadly than this and suggested that domestic violence should be viewed as a human rights issue: “It is horrible to me that [domestic violence provision] does not exist in a country prideful of HUMAN RIGHTS. . ...wow what a dichotomy. The [government] uses those words when it fits them, and to be honest since arriving here in 2004 I have yet to recognise where the HUMAN RIGHTS occur. ???? Help me understand?” (nanbear) “Domestic abuse/ forced marriages not only destroy one person or one family it ruins the lives of so many. . .Law enforcement is vital to eradicate this poison from our society as this act is clearly human rights abuse” (anonymous)

Local strategies

Some posters argued that a national strategy should be supported by local strategies for forced marriage: “We need to work with community leaders and faith groups as well as women’s group[s] to locally develop strategies that should fall in line with national set strategies and action plans” (anonymous)

A prevention strategy

There was significant support for an awareness raising campaign to prevent domestic violence and forced marriage by ensuring that it is understood as socially unacceptable: “The government should adopt a campaign of making it socially unacceptable for domestic violence to be tolerated within our communities. Many attitudes in working class environments still see that hitting women (and to a lesser degree men) is completely normal. The kids witness this within the family and as it is not frowned upon—just accepted, the kids grow up and repeat the behaviours. Middle classes are also aVected but it is more hidden because they are more ashamed of raising this” (Christmas).

Comprehensive services for victims

It was acknowledged that provision for victims of domestic violence had recently improved but many contributors wanted to see funding for comprehensive services to be made available to all victims, including children: “Comprehensive services must be put in place nationally, oVering transparent medical, legal, social et al support as a matter of course” (anonymous). “Co-ordinated support from immediately after the incident until issues [are] resolved, be they criminal justice, housing, emotional, or other” (Trish). “Proper funding for support and interventions. . .coupled with an open dialogue on the subject” (aztecanni). “I would like to see a fully funded coordinated response so that the victims are able to access appropriate services including the response of the criminal justice system”. (Frances) “Each Borough or County should have a centre for victims with specialist staV on hand, a first port of call, they can advise and support the victim and refer the victim to relevant agencies” (anonymous). “Government has to make appropriate provision for children and young people, both within refuge provision and in the community. This is both interventional and preventative. Children need help now which will also prevent future demands on health and social services” (anonymous). “The forced marriage issue must be approached at many diVerent levels. The first and foremost is the well-being of the potential victims by providing a culturally aware service, secondly the raising of awareness within education, social services, medical staV and any one that is likely to come into contact with forced marriage and then campaigning and tackling community groups” (Fatema). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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A stronger criminal justice response

Several respondents placed emphasis on the importance of reinforcing the message that domestic violence must be dealt with primarily as a crime, for example, through tougher sentencing legislation and greater availability of perpetrator programmes: “Society needs to be made aware that domestic abuse is a crime. ‘What goes on in the privacy of someone’s home has got nothing to do with me’. We need to get rid of this way of thinking. Domestic violence matters. It must be made unacceptable in our society” (mari). “There are many lessons to be learned from the hate crime models that have been developed in the country and linking these with [domestic violence] may have many benefits” (pureland). “There needs to be tougher legislation and an increase in the number of prosecutions” (Front line) “Stronger laws against perpetrators” (amosemper). “A clear government strategy on how perpetrators will be educated supported and dealt with in the civil and criminal justice system. The perpetrator agenda needs to be looked at closely due to the limited number of perpetrator programmes available in the country and also the significant costs and implications on society due to the number of men who serially abuse” (Jane J). This should be coupled with better protection for victims or witnesses reporting domestic violence: “Since any domestic violence policy must have at its heart the protection of those reporting domestic abuse, one can apply the Van Colle case (about witnesses)325 to agents providing protection to victims of domestic abuse. This means the State should be protecting victims but clearly they are not applying suYcient and capable resource to do that. The Van Colle case has already been used outside of the Courts to draw a settlement from the police in a case of domestic abuse leading to murder” (tiscali).

More realistic family policy

A few participants argued that “family values” policies promoted the benefits of family relationships without acknowledging the damage that being in such relationships can cause: “The constant threat of government legislation to promote family values, whether current government or the opposition, does not acknowledge the trauma women often face when remaining in an abusive relationship” (Franklin).

Development of employment policy

Employment policy, covering both victims and perpetrators, was underlined as another area which posters felt required development: “Legislation for women who are working that are suVering from domestic violence to be able to have some paid time oV. I had to sort this all out after I finished work at 5 pm” (lifeafter). “Encourage employers to have a positive policy in relation to [domestic violence]—including procedures for people arrested or charged with [domestic violence] oVences” (pureland).

2. The Nature of Domestic Violence and Barriers to Seeking Support

The range of responses received highlighted the diverse nature of domestic violence, forced marriage and honour-based violence: “An umbrella term which encompasses many unique situations” (harriann).

Physical abuse

Many victims described the physical abuse that they had endured from their partners and families: “Imagine this scene being beaten so bad you just curl up and wish to die but then you hear him say he is going to kill you and the children with a gun you then realise you have to save your kids you panic and try to fight back in the mean time your toddler wakes up crying he then comes

325 This ruled that if there existed a witness protection scheme then failure to deploy it would leave the agent of that failure open to legal challenge. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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towards you with the gun at the time you have your toddler in your arms and a baby asleep you beg him not to shoot instead he throws the gun and comes at you and your daughter and punches you repeatedly in the face and head you both fall on the floor and feel like giving up” (louie). “I left home after a series of violent incidents leading up to the imminent arrangement of a forced marriage to bring me ‘into line’. After leaving home the threat of being found by my family and what would happen was real and I lived scared for a good few years” (kka38) “I was strangled by my ex-husband a few years ago. He released his hands when he thought I was dead” (bouncingback). “I have been in a situation where violence is used in the relationship to mark particular times of pressures and diYculties which has been accentuated by alcohol, but also where violence is used to control decisions in the family and work” (peace).

Emotional abuse

A significant number of victims described the emotional impact of domestic violence: “The physical violence is so bad you just give up with life sometimes but the emotional abuse is by far I (sic) worse and this is the one that is so hard to prove in a court the bruises heal but the damage he has done to you emotionally will probably never heal” (louie). “It seems that when the abuse is emotional, no one knows how to deal with it, not even the courts” (Honey). “Having experienced many kinds of abuse the physical abuse is horrible but the verbal and emotional abuse are far worse—no-one sees that and often people think you are the one with the problem not the abuser. The emotional abuse goes on for a long time and believe me that’s what you need help with” (dot.com) “My relationship with my ex lasted a number of years, he was predominantly emotionally abusive, regularly physically abusive, but to the outside world we were an ordinary happy couple. Before him I was a strong, bubbly, outgoing girl and with reflection I can’t pinpoint the time that the relationship went down hill. The abuse wasn’t sudden, the emotional [and] psychological abuse was gradual and then sustained throughout the relationship” (Reflective). “Being a victim is disempowering” (Yet another battered wife).

Impact on health

Several respondents drew attention to the eVects that domestic violence can have on physical and mental health, including post traumatic stress syndrome, chronic fatigue, depression and anxiety: “When the court date arrived I was so stressed I was on antidepressants and having treatment for debilitating anxiety attacks” (Reflective). “My mental health deteriorated and I started to have conversations with myself” (billo786). “Before [experiencing domestic violence] I was a strong, bubbly, outgoing girl. . .I did suVer from panic attacks as a direct result and received treatment for this periodically throughout the relationship” (Reflective). “I suVered post traumatic stress syndrome after that night” (louie). “I already have chronic fatigue syndrome after my ordeals” (parijata). “[For some victims] substance misuse has developed as a way of coping with the abuse, or as a result of the perpetrator influencing and even forcing the woman to use alcohol or drugs” (Front line). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Financial impact

Posters noted the financial impact on victims of domestic violence of leaving an abusive partner to start a new life: “Most women I speak to who do not work at [the] time of abuse were frightened of leaving the security of finances of their partners. . .how would they aVord to live and somewhere safe” (nanbear). “The worst nightmare has been that to sell our house and split the remaining amount, would give barely enough to acquire one room, so I would have to dump most of my possessions and hobbies and give up my beloved garden” (parijata). “I owned our lovely home with my ex husband and really did not want to leave and drag our children away from their own rooms, local friends etc. I had a small income of my own and used to save a little each month in order to escape” (marigold123). “[Victims] should have the funds to start a new life. . .funding should be available for those who can’t aVord to go to court or move home if required” (freenow). “I had to leave my nice home, my cars, all my belongings and a life which had taken me 25 years to build” (anonymous).

Victims of forced marriage and honour-based violence

A significant number of participants emphasised that forced marriage and honour-based violence are cultural and not religious issues: “It is so hard talking about Forced Marriage coming from my ethnicity [and] religion. . .Muslims living in the UK are facing a crisis of a sense of not being accepted or belonging to society. It then does not help when topics such as Forced Marriage are branded with Muslims as that just frustrates us even more as ISLAM IS AGAINST FORCED MARRIAGES” (The Real Me). “What does shock me, is when they do not whisper it, or at least try to make sure I don’t hear them, they all freely say ‘It’s their religion’. It’s NOT ‘their’ religion. Abuse is NOT anyone’s religion” (hope). “There is no religion I know of which allows forced marriages” (dare2connect). “Many would see this as a religious issue, it’s got nothing to do with religion, it is a CULTURE thing” (hswa786). “Forced marriage should be seen as child abuse and not considered to be a cultural issue” (Jane J). “Stop calling it ‘honour-based’ crime. Call it murder, torture, kidnap or any other ‘real’ term. There is nothing honourable in it” (Jane J).

Others argued that honour-related crimes should be considered within the framework of human rights: “This act is clearly human rights abuse” (anonymous). “We need the community and the professionals to understand this is a human rights issue. . .That every person has a right to make choices in their lives and that as professionals we should not hide behind “cultural issues” so cannot interfere, may upset the community etc. The attitudes and views on this subject are what used to be, and to some extent still is in the arena of domestic abuse” (anonymous).

Victims with insecure immigration status

One poster suggested that victims with insecure immigration status lack understanding of the immigration system and their rights: “Most of the time such women have very little education, no independent means and no experience whatsoever of how to live in this country. They are completely at the mercy of their in-laws. Whilst they are on their probationary leave their status in this country, in practice, is also very much at the whim of their in laws as well. I would say that it is one of the most vulnerable if not the most vulnerable group” (Concerned). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Children A number of posters acknowledged the emotional and physical harm caused to children by domestic violence and the practical impact it can have on their lives: “Children caught in relationship breakdown suVer. They suVer more if they witness violence and anger between their parents” (anonymous). “It has a huge emotional eVect on the children who often have to leave friends, school and family behind” (female). “My young child witnessed the attack and was diagnosed with Post Traumatic Stress Disorder” (anon0207). “A group that does not appear to have received the attention they deserve are children where it is now recognised in child protection procedures that they will have experienced significant harm by seeing or hearing domestic violence. From my professional perspective I can see this in the correlation between a number of children who have diYculties at school and domestic violence. This can be seen in their behaviour generally, a noticeable change in their behaviour following contact with their violent father, the number of children with speech and language diYculties, the number of children who are diagnosed as having ADHD which may well be their response to having been exposed to domestic violence and the children identified as having special educational needs and/or receiving a statement of special educational needs” (Frances). “As it stands hundreds of thousands of women and children every year have to flee their homes from domestic abuse. . .this upheaval has a significant impact on women but also on their children” (Jane J). “I grew up in a violent household. My father used to drink and would come home on payday and beat my mum. As the oldest child I witnessed many violent outbursts. I would be afraid to sleep in case my mum needed help. I needed to keep an eye on my little sister in case she woke up, I may need to phone for help” (Read me please).

Barriers to seeking support

Emotional investment Several contributors highlighted the diYculties victims experience in leaving abusive relationships: “Women in my experience stay and stay and stay, and take abuse. It then becomes far too serious to ignore, and they have to flee. Meanwhile they have not called the police or been to the doctor regarding any of the things that [they] have been through. When couples are married and have children, there can be a lot of history and emotional investment to stay in that marriage. Add to that him saying he is devastated by what he’s done, he’ll change etc etc; in my opinion, many women bury their heads in the sand because they do not want their marriage to be over. They just pray that he will change. When it becomes apparent that he will not, they flee, come to us and have no Police evidence to back their claims up. They are then found not to be entitled to housing or immigration rights, because they have no paperwork to back their claims up. The fact that they have been terrorised for years and suVered physical and emotional injuries counts for nothing. Another factor at play here is that they often do not want to go to court or the police; they have had it up to the back teeth and just want everything to do with him over and done with. This harms them because in order to get help they need proof. But the burden of requirement for proof is directly contrary to the emotional needs of women” (Care worker). “Many, many relationships break down after years of abuse and, whilst this is not recognised, women’s experience is devalued and the survivors continue to be damaged by societal attitudes” (Franklin).

Lack of awareness of abuse Some women are not aware that domestic violence is not the norm, and therefore they do not seek help: “I believed that what went on indoors was between a husband and his wife, for better or worse” (survivor76). “The victim needs to realise that they are indeed a victim. Many of us didn’t know that is what we were” (mari). “Awareness raising is so important. I have always considered myself to be very aware of issues, but it took me a long time to recognise that what I was suVering was domestic abuse, and as the abuse I suVered was mainly emotional and financial I felt wary of telling others as I didn’t think I would be believed. It was only as the relationship became more physically violent that I began to think of ways to leave” (Magicae). “I thought my abuser had anger issues he had to work through and that the abuse he showed me was my fault for “winding him up” (mari). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 480 Home Affairs Committee: Evidence

Fear

Several contributors stated that they had not contacted services due to fear: “[I] only spoke (sic) in depth to close ones and relatives. . .I never contacted the public services available to [domestic violence] I WAS TOO SCARED” (lauren). “Victims often minimise abuse or are too scared to do anything about it, so a lot of input is needed to help them and this can be a very long process” (Woman). “One of the big barriers to seeking support is fear, and a sense of loss of identity, fear of loss of children, and especially of children being taken abroad” (Northampton Women). “Nothing can protect you from the psychological fear that is drilled home to you regarding what happens when you dishonour the family” (kka38).

The importance of fear in making some victims reluctant to involve the police is discussed further in this summary, at Ev 490–493.

Culture

Participants suggested several reasons why victims of forced marriage and honour-based violence may be reluctant to seek support: “There are complexities in seeking support from within diverse communities and there are concerns around confidentiality in small [and] inter connected communities” (pureland). “I don’t think victims of forced marriage feel like they can go anywhere to seek help” (NSPCC Children’s Services Manager). “In abuse children still love their parents and find it hard to ‘blame’ them. Same with this whole issue, going outside of the family is punished and you are torn between loyalties and survival” (kka38). “Another [victim of forced marriage] went through the great lengths that women had to go through to escape forced marriages—they had to keep away from their community, lie about their origins, and create a new identity (Northampton Women). “There are a number of barriers to seeking support such as language, isolation, community pressure and lack of understanding within society but the main barrier for many women is the ‘no recourse to public funds’ rule” (Jane J). “There is a strong feeling of “acceptance” of the tradition of arranged (and if necessary forced) marriage amongst young women. Some young women do not see any alternative” (ict1921). “It is so hard talking about forced marriages coming from my ethnicity [and] religion. Over the last few years a malignant form of hatred, directed against Muslims especially those of Pakistani origin has come to permeate British life. Muslim people as a whole are now being stereotyped not just as terrorists but also as backward, sexist, homophobic bigots whose intolerance and values threaten Britain’s freedoms. Muslims in the UK are facing a crisis of a sense of not being accepted or belonging to society. It then does not help when topics such as forced marriage are branded with Muslims” (The Real Me).

Other barriers

Contributors also mentioned several other barriers to seeking support: “It is quite easy to blame these victims of ‘wasting police time’ when in reality there are many more cases of police not taking these incidents seriously or seeing further than a phone call ie perhaps the woman is too afraid to prosecute the partner? Perhaps she does not have the strength to leave him because he has destroyed her self esteem? These are very important questions the agencies should ask before labelling as a waste of time” (Seca). “It is as if my whole life, as I knew it, has dissolved. My children and I have had to move, the children are in new schools and I have a new job” (nadine). “LGB victims may have issues in seeking support if they are not out about their sexuality or the nature of their relationshih” (pureland). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 481

3. Prevention

There was a perception amongst some respondents that prevention work is low on the Government agenda and is poorly funded. They suggested that there was a need for a consistent well funded long-term prevention programme: “Prevention work is the key to all of this, to prevent another generation of victims and abusers, but it is poorly funded. . .and not high enough on the political agenda” (Campaigner). “There should be more energy put into preventing domestic abuse rather than just reacting to it” (claire-health).

Public awareness

Several respondents felt that wider public recognition that domestic abuse aVects people from all backgrounds and sectors of society was important. Some of these spoke of a particular need to raise awareness of men as victims: “We need to raise awareness and draw attention to the secrecy that surrounds domestic abuse, particularly in those nice leafy suburbs where ‘this kind of thing doesn’t happen’” (Ali). “We need to get away from these myths that it’s rare and that the victims are people from council estates who are too stupid to leave and just as bad as the perp[etrators]. We need to acknowledge that domestic violence is common, tragic and a very serious crime” (Sarahbelle). “We must not forget the men that are subjected to domestic violence by women everyday” (scottie). “The one single action that I believe will help overcome Domestic Violence and create greater awareness and support for all is to ditch the sexist, gender messages that are prevalent with this issue. . .Domestic Violence is a people and society problem. . .[domestic violence] aVects everyone it touches and knows no boundaries between gender or race” (drthomas) “The government should adopt a campaign of making it socially unacceptable for domestic violence to be tolerated within our communities. Many attitudes in working class environments still see that hitting women (and to a lesser degree men) is completely normal. The kids witness this within the family and as it is not frowned upon—just accepted, the kids grow up and repeat the behaviours. Middle classes are also aVected but it is more hidden because they are more ashamed of raising this” (christmas). “There needs to be a holistic approach, there needs to be a BIG campaign to highlight the issue, [domestic violence] in diverse communities, particularly in Muslim communities is taboo, BME professionals supporting and campaigning to end violence are viewed as home wreckers, therefore, [domestic violence] IN ALL Communities must be raised as crucially important as a crime” (anonymous).

The last posting highlights the importance of raising public awareness of forced marriage and honour- based violence. This was supported by a number of other respondents: “There is limited understanding of this issue, specifically the diVerence between forced marriage and arranged marriage” (azteccani). “It is important to ensure an understanding of the diVerence between arranged and forced. Arranged is fine, I myself went through an arranged marriage. There were no pressures on me and I am in a happy relationship. Forced is diVerent and we must understand the subtleties that work on this. . .emotional, psychological, physical etc” (anonymous). “I agree with the need for there to be more awareness around this issue (of forced marriage, honour killings), including not only definitions, practices and legislation, but what it is like for those who have experienced it ‘from the inside’ and the ripple eVect into the wider community of such acts” (francois). “I want people to stop and think about exactly what happens in these situations and stop jumping to preconceived ideas that include making our families sound barbaric or evil. I am NOT a supporter of Forced Marriage. But I get upset and angry with the attitude and stupidity of some people who make matters a million times worse” (The Real Me).

The importance of recognising that forced marriage and honour-based violence are cultural and not religious issues is discussed on Ev 478. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 482 Home Affairs Committee: Evidence

Several posters highlighted a need for victims and the wider public to recognise that domestic violence is not just about physical abuse: “Those lucky enough not to experience [domestic violence] need to be made aware that aggressive behaviour, threats and bullying are underlying these relationships, and this is harder to recognise. Many women do not fully realise that that is what is happening to them. They may feel they are to blame for their partner’s behaviour” (Franklin). “Having experienced many kinds of abuse the physical abuse is horrible but the verbal and emotional abuse are far worse—no one sees that and often people think you are the one with the problem not the abuser” (dot.com). “I was not aware that I was a victim of [domestic violence], I was raped by my ex (but my line of thought there was, can a husband rape his wife?) surely they were his rights? The physical scars well there are none but the emotional ones are deep. I believed that what went on indoors was between a husband and his wife, for better for worse, unfortunately half the population agrees with me. . .all living and hiding behind the shame, so to get to my point, you can advertise and oVer all the support imaginable but until we recognize the abuse we are living in you are banging your head against the wall” (survivor76). Coupled with this there was a perception amongst some respondents that society blames victims. For some victims this was linked with feelings of guilt, shame and a sense of blame at experiencing domestic violence: “I have felt shame and I know that many people have judged me, not him. On the surface he is a very charming man. . .part of people being more aware about domestic violence surely has to involve an understanding of how these charming perpetrators operate, so that their denials are not met only by the victims shame and silence” (nadine). “Stop making the women (or man) feel like the bad guy. They are victims and what happened was in no way their fault” (Justme).

Lack of identification by victims

According to several posters, including victims of domestic violence, the lack of public understanding also extends to victims who do not recognise their experiences as abuse: “Awareness raising is so important. I have always considered myself to be very aware of issues, but it took me a long time to recognise that what I was suVering was domestic abuse, and as the abuse I suVered was mainly emotional and financial I felt wary of telling others as I didn’t think I would be believed. It was only as the relationship became more physically violent that I began to think of ways to leave” (Magicae). “I honestly thought it was normal for men to hit. . .I feel women need to know that even if they raise their voice it is not OK for a man to physically hit them” (amosemper). “The victim needs to realise that they are indeed a victim. Many of us didn’t know that is what we were. I thought my abuser had anger issues he had to work through and that the abuse he showed towards me was my own fault for “winding him up” (mari).

Lack of self-awareness of perpetrators

Some respondents suggested that it was particularly important to educate potential perpetrators to understand that their actions are abusive and unacceptable: “In my own experience I firmly believe that the perpetrator of the abuse towards me felt that it was his right as a man to control and dominate ‘his’ woman. Unfortunately that is still a commonly held belief and it needs tackling at the roots” (claire-health). “People in general fail to recognise the hidden influence and impact of domestic abuse ie the thinking, morals and values of the perpetrators that impact on families and hence society as a whole” (Front line). “[The media] often normalises and can even glorify and make violence seem exciting. It also often blames the victims and excuses the perpetrators’ behaviour making abuse seem an acceptable response” (Front line). The role of education in raising awareness of domestic violence amongst children and young people is discussed further on Ev 487V. Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 483

Increasing public awareness—a national information campaign? Participants suggested there was a need for fundamental changes in public perception, attitudes and culture towards the acceptability of domestic violence, and that domestic violence should be seen as a collective responsibility of our society. Several posters suggested that a sea change in attitude was required to facilitate open dialogue, reveal the truth and unveil the secrecy that surrounds domestic violence: “I firmly believe that the only way to tackle this huge and I mean huge dilemma is to pull the huge proverbial rug and get our hands very dirty and stop living lies, the truth is the future, the only way to obtain the truth is to stand up and stop hiding behind the secrets and that very visible veil of shame” (survivor76). “A concerted eVort to change society itself. We continue to deal with the symptoms of a whole range of men’s violence, but it is the attitudes and behaviours of men themselves that must change. . .we have to overcome the magnitude and start to believe that changing society is believable and ‘do-able’” (Radish). “PREVENTION through cultural change to stop all men’s violence is what is most required” (Radish). “Educate society by raising awareness and increasing understanding of what is happening to the victim emotionally” (mari). “This needs a big shift in society” (survivor76). Several respondents suggested this could be achieved through nationally funded high profile poster, newspaper, television and radio campaigns: “There have been many high profile public campaigns which have helped change people’s attitudes and contributed to making certain behaviours social unacceptable” (Front line). “I suggest powerful prevention [and] promotion messages on TV, in newspapers (local and national). . .with clear messages to the secret perpetrators that will hopefully ‘open their eyes’ to their own behaviour and making clear to those who know that the abuse is going on, their responsibility to the victim and with the perpetrator” (ksurvives). “A strong message that as a society (all communities within) we will not tolerate it” (Ali). Another proposed that such an approach was the most “eYcient, easiest and cost-eVective idea” to tackle domestic violence. Emphasis was placed on the importance of such a campaign being hard-hitting and parallels were drawn with the NSPCC’s “Stop It Now” campaign against child abuse, “Think! Speeding Kills” driving campaign and recent anti-smoking campaigns. A number of examples of eVective domestic violence campaigns were cited by respondents including a short-term poster and radio campaign by the Metropolitan Police and television adverts from the US, Australia and New Zealand on the You Tube website. Some respondents made proposals for the types of messages which such a campaign should cover. These included encouraging victims and their friends, families and neighbours to involve the police, highlighting the various forms which domestic violence can take and the impact it can have on victims being trapped, traumatised and needing help not condemnation. One contributor spoke of the value of awareness raising courses and gave the example of the Freedom Programme.

Raising awareness about forced marriage and honour-based violence within particular communities In addition to the need to educate and engage the wider community it was emphasised that there was a need to raise awareness about forced marriage and honour based violence in particular communities where arranged marriage and notions of “honour” are more prevalent: “Families. . .are still entrenched in this way of thinking” (kka38). “It is about changing attitudes and beliefs within these communities. Without tackling this then we will always be reactive to the problem rather than preventing it from happening in the first place” (christmas). “We cannot sit and wait for this practice to die out with future generations. We have to be proactive in bringing the matter to the fore, making it totally unacceptable” (Fatema). “The question should be, is there adequate awareness within the communities in which forced marriage happens. . .I was forced into a marriage but my parents did not think it was wrong, they thought it was the right thing to do. So how are we going to educate people like my parents, how are we going to rewrite rules which have been in place for hundreds of years. . .that’s what we should be thinking” (Sally). “My parents would never think what they did to me was ‘forced’. They genuinely thought they knew what was best for me. In ALL relationships. . .there is always one party who thinks they know what is best for the other” (The Real Me). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 484 Home Affairs Committee: Evidence

Whilst there was some consensus that there was a need to engage local communities in eVorts to raise awareness, there was disagreement amongst posters regarding the value of working with Muslim and other religious leaders to raise awareness of forced marriage and honour-based violence. Some were positive and suggested that Imams could be engaged in order to raise the issue in mosques: “I think it needs to be tackled at the root. . .talk to the Imam [sic] at the mosque. All Asian parents go to the mosque and some do get pumped by other elders so if the mosque is addressed then maybe the parents could see it diVerently” (billo786). Women’s groups need to work with Imams and together they can influence and change the views of families. . .having posters up on mosque notice boards, in community centres and Asian business premises, saying that this is wrong will help” (christmas). “Muslim leaders also need to play their part” (Cllr Davison). An Imam was credited by one respondent in supporting her to leave her marriage: “It has been my religion and my local Imam that empowered me and enabled me to break the chains and come out of the marriage” (The Real Me). “If we can get the support from. . . one [Imam] and others who are like-minded around the country it would be a start” (Fatema). Others disagreed that Imams were the best route to raising awareness and preventing forced marriage: “From my experience tackling the Imams, and other religious leaders in the community, isn’t the answer, as to them this is a ‘taboo’ issue. . .I know many Imams doing just this. . .it isn’t happening. . .parents are right!!! It’s for your own sake!!!” (hswa786). “Its easy to say that the schools, community leaders, the Imams, religious leaders and others can solve this problem but each section [or] org[anisation] has their own duties to perform” (anonymous). I know local leading members of the Muslim community who although they say they respect the laws in this country, still counsel women to go back to their abusive families in the name of “honour” (Cllr Davison). One of these respondents further commented that those at risk may not feel comfortable speaking to an Imam about their fears: “They don’t know the meaning of the word confidentiality, before you get home the information would be with your parents” (hswa786).

Educating and supporting parents

Some respondents suggested that parental education would be valuable in raising parents’ awareness of domestic violence: “Investing in parenting and educating people about the eVects that domestic violence has on children would help” (VoiceforVictims). This was particularly emphasised in relation to forced marriage to raise awareness amongst parents so that they recognise that these practices are unacceptable: “Parents need education to raise their awareness about the severity of the problem [of forced marriage]” (anonymous). “Forced marriages will keep going on until parents are talked sense into and that would be to get other Asian support workers to go out and talk to parents informing them about the law and other concerns.” (Billo786). Participants spoke of a need to work with parents and families to raise awareness in a way which is culturally sensitive, supportive and not condemnatory: “It is not just my community that has problems, in fact forced marriages are decreasing in my community only because a lot of parents have started to realise that maybe their child does actually know what is best for them” (The Real Me). “Supporting parents is key as sometimes they too are under pressure to force—either from the extended family or other community members” (anonymous). “However it is done, it will be perceived by some as attacking religion and culture. This means attempting to approach the matter with sensitivity” (Fatems). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 485

Educating children and young people in schools

The need to build preventative messages into school teaching in both primary and secondary education was addressed by a significant number of respondents as an important component of a preventive strategy: “The single action I’d like to see is the introduction of a consistent, well-funded, long-term prevention programme, integrated into school and pre-school curricula across the UK and included in teacher training” (Campaigner). “Education, Education, Education is the key. . .it’s not too late for the children” (survivor76). “We should start with the young and make a commitment to educating young people in what a healthy relationship looks like” (Ali). “Healthy relationships should be promoted from an early age—this should be mandatory within the education system” (Front line).

These respondents argued that the curriculum should be developed to cover domestic violence in a range of subjects including citizenship, Personal Social Health Education (PSHE), sex education, religious studies, relationships and sociology.

One respondent spoke of the particular need to educate boys regarding domestic violence. Others similarly suggested that school education should include an understanding of the dynamics behind abusive relationships: “I think boys should be taught more in their early years about respect and care for future partners” (claire-health). “Teenagers and young people need to be educated to make them aware of the risks and the patterns of behaviour to ensure that they realise that domestic abuse does not have to be physical and that emotional abuse to escalate to other forms of abuse in the future” (Jane J). “If young people were taught the dynamics of what is right and wrong, they would more readily spot it” (Care worker). “More and more young girls seem to regard being hit by their boyfriends as a badge of honour. Showing them where this type of attitude can lead and how it aVects those around them would be a start” (peri249).

One poster highlighted the importance of educating both sexes on the unacceptability of violence against others: “The comment[s] above implies the hitting of men is less acceptable than the hitting of women, I believe it is the complete opposite. Boys for years have been taught and had it drummed into them that it is not right to hit a girl. Counter to that, it is rare to hear girls educated not to hit boys. In fact I feel it is widely accepted that boys can be hit by girls and it is acceptable. Why? Is it because girls don’t hit as hard and boy[s] are tougher? The comic T-shirts by David and Goliath demonstrate this prevalent attitude to hitting and hurting of boys. . .can you imagine the uproar if there were T-shirts promoting the hitting or throwing of rocks at girls because they are stupid?” (drthomas).

The role of the education system as a mechanism for preventing domestic violence was seen as particularly pertinent for forced marriage and honour based violence to ensure that young people who are potentially at risk understand their rights and get the support and advice they need: “Education systems and teachers actually raising this issue with parents and finding out their attitudes towards the children may help” (christmas). “Young people need support and advice [about forced marriage]” (anonymous). “This is an issue we need to face head on, more publicity and education in our schools so that young girls who are brought up believe that honour is the most important thing in her life and that she must not bring shame on her family, are taught that it is in fact against the law in this country to force marriage and that she must be free to live her life the way she wants to” (CllrDavison). “We do not have adequate educational programs in place to ensure that young citizens of recent immigrant families understand their rights in our society. These children may hold British passports but they are still living in their country of origin as far as their perception of rights and responsibilities are concerned” (ict1921). “I think that the education system is very often in a key position to start to help such individuals” (zander). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 486 Home Affairs Committee: Evidence

A number of respondents described some areas in which schools required extra support in their response to preventing forced marriage, including the need to raise awareness of forced marriage amongst teachers and increasing their capacity to deal with it: “Expectations are raised at school that young women should not have forced marriages, but then the schools do not have the means to deliver this” (Northampton women). A former teacher stated “It came to my attention that many of the girls sought refuge through education to avoid marriage to an unwanted partner. The longer they pursued their studies. . .they could avoid the inevitable. I admit then I was completely ignorant about such matters. I was unable to oVer any constructive help or advice” (zander). One organisation which aimed to raise awareness of forced marriage had encountered some resistance in oVering support to schools: “Many schools will not give us the time of day for fear of upsetting parents. It is also quite telling that the schools most unwilling to talk to us are those in the areas that are probably most likely to have victims” (Fatema). One respondent questioned whether teachers were the most appropriate personnel to promote awareness to children and parents in schools: “It would be far better to have trained child protection oYcers whose job is to directly educate both children and parents in school” (ict1921). Three respondents suggested that specific awareness raising programmes could be run in schools like, for example, the Freedom Programme for adults (see www.freedomprogramme.co.uk) or peer support groups: “I belong to a support group the freedom programme (which is voluntary and national) but they work wonders, if this is a programme that could get into schools. . .its (sic) another good place to start” (survivor76). “Youth peer groups [could be] developed to address child victims” (pureland). “Start abuse awareness projects in schools to address the issues before hey start. It might also encourage children to disclose the fact they are living in [an] abusive household and to seek help for their mothers [or] carers” (claire-health). Crisis intervention for young people experiencing abuse is discussed on Ev 490V. Training for teachers is discussed on Ev 487 and Ev 489–490.

4. Identification of Abuse

A range of agencies can play a role in identifying victims of domestic violence including schools, healthcare professionals and the immigration agency.

Schools and local authorities

According to contributors, teachers are in a clear position to recognise children and young people who are experiencing domestic abuse or violence themselves, or are seeing violence in the home. However several posters felt that schools’ response to domestic violence could be improved, particularly in relation to understanding the impact it can have on a child’s education and in providing appropriate support: “Education and youth services are long way from being able to deal with this. . .in terms of the immediate service response” (Campaigner). “Schools [and] teachers should be made aware who to contact when a child does not return to school or is removed from school for length time” (Jane J). “Information should be taken into schools and made an issue of as a lot of children are suVering in silence and this will aVect their education” (freenow). Young people do not have many services to help them. My nephew was murdered at the age of 17. Who could he go to about his fears? Who would detect what his fears meant for risk? How can schools be best set up to provide a telling intervention? How can they be set up as institutions that young people can share fears with?” (tiscali). “I recently had a 16 year old student who left school and accepted an arranged marriage as an alternative to unemployment as she was borderline special needs and had no real qualifications. This is a failure of the educational system to provide a pathway for a vulnerable group of women” (ict1921). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 487

Several posters were critical of the education system in raising concerns about children who are absent from school and who could potentially be at risk of forced marriage: “There is little or no action when young men and women are taken from school, to another country, and never return after their ‘holiday’ (statistics bear this out)” (actecanni). “The education system should report girls and boys that have been removed from schools immediately, they are aware of the situation, of girls and boys being removed for some time then coming back into the system to continue their education they know what is going on and that is child abuse, and against the law, this should be the first port of call for joined up working with other agencies” (Hellraiser). Others spoke of the diYculties in following up possible cases of forced marriage amongst children absent from school and one suggested that a change in procedure is required to make it easier to interview potential victims: “I know that some authorities find it diYcult to investigate young Asian girls who disappear from the education system as they are not allowed by family members to interview the young girl alone, and are often accused of racism when they try to do so” (CllrDavison). “If a young girl disappears from the school system, it is very diYcult to gain access to her house without a relative being present, making it very diYcult for her to say whether she is under any pressure, or to be honest about what is really happening. I think procedures need to be put in place where agencies work together to hold confidential interviews, in private, without any family members there who may intimidate her” (CllrDavison). Again the issue of lack of guidance and training for teachers was raised (see Ev 489–490): “It is not clear whether schools have the right access to other services to help them support students who may be at risk of being forced into marriage. It seems there is presently no guidance for schools, including guidance for working with parents who may be forcing their children into arranged marriages (Northampton women). “Teachers should have training on forced marriage [and] domestic violence so that they are confident when a child comes to speak to them about their worries of being forced into a marriage” (Jane J). “[The] Department for Education should engage in issues surrounding violence against women and teachers should be trained. Teachers need to have the ability and the confidence to be able to provide assistance, information and understanding to these children” (Jane J) One poster highlighted the value of a good practice guide which has been produced in Northampton for dealing with victims of forced marriage. This is available to download from www.northamptonshire.gov.uk

Healthcare agencies

Some victims felt they were not taken seriously when they disclosed their experiences of domestic violence to GPs for example, and in some cases this had resulted in them being denied treatment or not being directed to support services: “Mental health workers seem to underestimate time and again the eVect of domestic violence on women. We are painted as mentally ill, weak, feeble, unstable, psychotic etc. No one ever asks “why does this woman present these symptoms?” We’re doled out anti-depressants like smarties but never counselling advice or support” (Yet another battered wife). “I first went for help to my GP. He gave me a course of anti-depressants and failed to refer me to any other agencies. I felt that he wasn’t taking me seriously so I didn’t bother going back or taking the tablets, which he has so helpfully nadine). “When I told my GP what had happened to my daughter he said that this sounded very out of character for my husband. He’d met my husband three or four times” (nadine). “I took my then partner to the doctor to see if her temper was because of a medical reason, the doctor said ‘no wonder you hit him’ because I interrupted him during his suggestion of giving my then partner a prescription for vitamins to stop her severe mood swings” (george36). “As I was regarded a very strong career woman, people do not understand how vulnerable I was. I was very scared and suVered very severe Post Traumatic Stress Disorders, which took long time for my GP to accept and for me to get treatment” (bouncingback). One victim noted a positive experience of a nurse practitioner who had oVered constructive support: “The nurse practitioner. . .was enormously helpful. Without her I would never have approached Women’s Aid” (nadine). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 488 Home Affairs Committee: Evidence

Training healthcare professionals Several respondents suggested that training and guidance was required to challenge this lack of awareness: “Professionals, doctors in particular, may well be the first port-of-call for victims. . .they need to be fully comfortable about asking questions, never backing out of this responsibility. Surgeries should make it very clear that the doctor can be approached about domestic violence. . .Confidentiality is a shallow excuse. Child protection is a good model” (ksurvives).

Immigration agencies Three postings were received on strengthening the role of immigration agencies in identifying forced marriage: “Don’t you think it’s wrong that an abusive partner from abroad gets indefinite leave to remain in UK stamped without an interview? I have read on websites that married couples get their indefinite leave to remain when they have stayed together for two years and all they have to do is pass a silly Life in the UK Test? I think that’s insulting to victims of [domestic violence]. The best action here would be to have their indefinite leave to remain here status taken away and to just give them temporary visa or deportation. . .Please do something ASAP and reconsider how to deal with abusive partners from abroad” (victim). “The argument for the spouse to be able to speak English before they arrive is a good suggestion although people from abroad may then encourage learning the language to overcome the barrier” (Fatema). “I know there is a concession in the Immigration Rules for such women to claim permanent residency on the basis of their domestic violence. However the Home OYce still insists on a level of evidence that is virtually impossible for the. . .victim to obtain. Such applications seem to take a very long time to process and victims often have to go to the courts to reverse the Home OYce decision. . .In my view this is a regrettable instance of the Home OYce playing politics on a vulnerable group. They need to be seen as tough on all immigrants generally, so they leave it to the courts to reverse the legally ‘dodgy’ decisions.” (Concerned).

Raising awareness among professionals Some posters noted a lack of awareness and understanding of the issues among frontline professionals, particularly those in statutory agencies: “There [should] be systematic awareness raising within all agencies and levels to forms of [domestic] violence and [its] eVects” (Ap1). “All agencies must be aware of the eVects of [Domestic Violence] on primary and secondary victims” (anonymous). “We need to ensure every public sector employee understands that the next victim may be calling them asking for help with housing or their children but really they are screaming inside for help to stop the abuse. They might even be working with a colleague in need of help” (Ali) “Part of being more aware about domestic violence surely has to involve an understanding of how these charming perpetrators operate” (nadine). The lack of understanding of forced marriage and honour-based violence was a particular issue: “There is not enough understanding by the authorities of the actual dynamics of family honour/ violence/forced marriage from the perspective of parents or the children who love them or are too scared to disobey. . .the real core of the issue lies in integration of cultures rather than separation, so that there is more transparency around customs and beliefs rather than ignorance” (kka38). “There is also a fear to tackle cultural issues such as these, and sometimes due to cultural sensitivity gone too far” (dare2connect). Respondents placed importance on professionals providing a culturally aware service and increasing their confidence to recognise and intervene in cases of forced marriage and honour based violence: “As professionals we should not hide behind “cultural issues” so cannot interfere, may upset the community etc” (anonymous). “I understand not everyone knows about ‘honour’ based violence and abuse, but nobody wants to learn or even try to understand, it’s always “out of our league”. (hope). “We need to start by asking people and organisations to stop making assumptions about victims and the communities we belong to. No matter how bad my community may be they are still my community. No matter how bad my family are they are still my family and I love them very much. Every time I sought help I was told what an evil community I came from and how barbaric and backward my parents were. This didn’t help as I didn’t want to hear this. I was pitied and looked at as if I came from some alien planet” (The Real Me). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 489

One respondent sounded a note of caution: “However it is done, [awareness raising] will be perceived by some as attacking religion and culture. This means attempting to approach the matter with sensitivity” (Fatema).

Training for professionals in understanding and identifying abuse

Respondents felt that public sector professionals should be better trained to give them the skills to recognise potential cases of domestic violence: “More training by experts and victims to enable those tasked with assisting victims and survivors to see the problems through the eyes of the victim. This will help agencies understand the compromises and decisions of abused people which is very often about ensuring survival” (tiscali). “Make sure first rate awareness training is in place from everyone from school children to senior judges” (anonumous). Respondents suggested there was a need for training in order to tackle forced marriage and honour based violence in particular: “Train professionals, to make them aware of cultural issues and steps they can take when faced with an individual who may be going through this.” (dare2connect). Training of public authorities is essential in this area [of force marriage] and the same can be said about professional bodies’ understanding of honour-based violence” (Jane J). “There is a huge need to educate professionals on signs, cultural beliefs, ways of identifying and supporting people going through a forced marriage. This does not mean the agency or professional is going against this victim’s cultural needs, it means this person needs to be saved from further abuse and misery because she is marrying someone she doesn’t know and/or is willing to come and live in Britain and her parents have promised her to do so” (Seca). Some poster recognised there had been improvements in training and awareness for frontline public sector staV but thought better funding was needed to spread best practice. There were some suggestions that training should be made mandatory: “Within all of the public sector areas domestic violence is started to be talked about at a training level. This however should be mandatory for all front line staV and should run alongside child protection [training] as the two are closely linked” (blackburn). “There is a particular lack of funding for training front line staV in all agencies to identify domestic violence and support victims” (48a) “Professionals must have better training than they currently get. I suggest the Government could fund [providers] to oVer obligatory training and next year’s Map of Gaps survey should cover those regions where the training requirement has not been taken up” (Yet another battered wife). One contributor felt there should be inter-agency guidelines which all public sector employees should follow: “The most important thing we can do [is] to ensure all of the basic level services are singing from the same hymn sheet. We need consistency [and] inter-agency guidelines (sic) that are fluid and transferable across all of our services. Same with training [multi-agency]. Domestic violence policies should also be created for public sector employees (should they need access to them. If every one had clear regulated guidance and how approaches matched [,] the victims needs would be met. At present we have varied approaches [,] diVering training [and] guidance, and our own services (sic) views on how it should be managed. Lets (sic) get social care, health and local government combined with equality and keep the needs of the victim central” (blackburn). Contributors similarly suggested that work to address forced marriage should be supported by clear policies about “intercultural” issues and the implementation of “culturally sensitive” practices: “There needs to be a clearer policy (and protocols and procedures) within organisations about their position regarding ‘intercultural’ issues. Organisations such as social care services for example will talk about being ‘culturally sensitive’ when working with families but what does that mean? Are they aware of the distinctions [and] boundaries between being culturally respectful and condoning practices that bring people harm (the ‘back oV’ position when confronted with diVerence). I think organisations need to be more willing to gather all the relevant information and take a stand if necessary without labelling and blaming cultures, while providing support to help victims [and] survivors ” (francois). “All organisations [should] have policies linked to their performance indicators in taking this work forward” (Ap1). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 490 Home Affairs Committee: Evidence

5. Crisis Intervention

Many contributors highlighted the role of key agencies in providing crisis support to victims. One of the key concerns was the lack of immediacy of support: “My partner was arrested for ABH for trying to kill me. . .but there was no protection for me at all. . .There should be immediate professional support and protection for women like me” (Frances).

Police

There were numerous postings on the police response to domestic violence, with victims frequently providing testimonies of their experiences of the police as a first response. It was clear from the mixed reactions of participants that police responses to victims were variable. Some victims were positive about their experiences of involving the police: “The police treated me really well, listened to me, I felt understood and believed” (andiecraft). “The police who came out to rescue me were very kind, sympathetic and supportive and when my husband refused to agree to cease harassing me—but would leave to live with his parents—they escorted him from the house. . .they subsequently checked up to see if I was okay at intervals on the phone” (parijata). “I didn’t go to the police immediately as I was fearful that they would just slap his wrist and then he would come back and kill me, my mother persuaded me to go and the police were very supportive on the most part although seemed unsure of what he could actually be charged with (surely breaking and entering and attempted murder had he not been my ex [?])” (Reflective). Other respondents raised concerns over the lack of immediacy of police responses to emergency calls and some suggested that the police should be more realistic in what they can do to protect and support victims: “There is a significant gap between what many people think the police oVer and the reality. I suspect it is a common misconception that the police will always take risk to help victims. I pay tribute to the many dead and injured oYcers who have done that but they frequently broke police rules in their sacrifice. . .I have read of a new policy of a police force which reinforces the commitment to protect the public and place police between the threat and those threatened, where feasible. It is the words “where feasible” that makes this member of the public doubtful of the help that will be sent in response to a 999 call. I do have experience of a police force promising a whole lot more than they were prepared to deliver. Two murders followed” (tiscali). “The police told me to call anytime I was scared although the reality was, would he be kind enough to pause long enough for me to call the police and by the time they could of got to my rural home he would have had more than enough time to kill me” (Reflective). “My sister was told what she could expect a response within ten minutes and that even a silent 999 call would bring the police. The actual response time was six hours and 42 minutes measured as the time from the start of the 999 call to when the police entered the house to find my sister dead” (tiscali). “I called the police in the early hours scared for my life after being beaten and having something thrown at my head. I waited an hour cold, shivering and petrified of my ex-partner fearing he would break through the door I had shut myself behind to try to kill me. No police oYcer arrived. . .so again I dialled 999 and requested police assistance I was then left to wait another 45 minutes before the police finally arrived by which time I could literally have been dead. . .my home was already listed on the local DVU’s ‘fast response’ list” (Claire-health). “There are “some” oYcers that still do not take violence seriously against a partner, or believe what the victim is saying” (ocean33). Some respondents made suggestions for ways in which the police could close the gap between what the public believe they can oVer in terms of public protection and the reality: “The police must tell victims the truth about their response times and the types of response on oVer. Then the victim’s safety plan is accurately informed” (tiscali). 22a “I think a good reason for calling a police force is because we require them to take a risk on our behalf. If there was no risk, we would surely contemplate managing issues ourselves. I think the police perpetuate this gap. I have experiences of the police telling a victim of their response only for them to admit afterwards it was not true. Forces vary of course, but I think we need a contract between the public and the police so this gap is closed” (tiscali). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 491

Contributors suggested that the police had also promised more than they could deliver in relation to following up incidents of domestic violence which they had previously attended: “I found the police very helpful at the beginning, when I first called them, but the follow up support was severely lacking. I was told a [domestic violence] policewoman would call in the next couple of days, but it took over two weeks for her to call me. She asked if there was anything I needed help with, I asked what kind of help she could oVer, she said I obviously didn’t need her then, and hung up. I couldn’t believe I had waited for so long for so little” (Happynow). “The first time I reported [domestic violence] with a previous boyfriend the police done absolutely nothing. I called them about five times and they always said that they would come to where I had fled to get a statement but they never came. So I called them asking if I could go to the station to give a statement and they wouldn’t let me. They said that [domestic violence] can only be reported in the home” (amosemper). “After reporting a domestic incident to the police and from fear withdrawing [the] complaint the answer given by an oYcer was that the domestic unit will be in touch to make sure the welfare of the [domestic violence] victim is safe. Not heard since. . .If complaints are withdrawn because of fear etc then the help should continue for victims as victims need to know someone is looking out for them and the abuser living with the victim would know that help is there so they would think twice” (victim). “A couple of times I tried to phone the [domestic violence] department at the police station—as I had been warmly invited to do by oYcers on several occasions, should I need to—but on both occasions I met with an irritable WPC who the first time said the police weren’t interested, I just had a ‘messy divorce’. The second occasion the reason given was that it had just been a ‘domestic argument’! She was not checking the information, and said she couldn’t trace the oYcer involved even though I gave the exact date and time I had last spoken to him. I felt very depressed and humiliated after this, but have since heard other women say they have received the same treatment as me” (parijata). “I was left. . .with little or no information regarding my ex’s arrest [or] bail conditions and without a mobile phone. A male police oYcer finally came to inform me that my ex had been released five days afterwards at 11.30 at night. This was, quite frankly, very frightening” (anon0207). “Following domestic violence...[against] my daughter. . .we tried to log this with the police and seek advice. When my daughter tried to make an appointment over the phone she was told that the police would come to her. When that happened she was told oV because they thought she was in danger at that time. They didn’t want to know unless he was actually hitting her ” (anonymous). Some participants specifically mentioned shortcomings in the police response to male victims of domestic violence: “I feel the police should be more aware that females can be capable of domestic abuse and when called to a situation should do their utmost to be fair to both parties and listen and follow up on things that are said, domestic situations are not black and white, they need investigating as other crimes are. My son was accused yet it was his wife who was the perpetrator” (dab). “There were several incidents where the neighbours phoned the police, each time they removed me from our home rather than my abusive partner. The police refused to take my claims seriously, preferring to leave our baby with her drunken mother despite the fact that I was the primary carer” 24a “My friend was repeatedly attacked by his wife and did not retaliate. The police each time removed HIM “for his safety”, rather than the perpetrator because she was a woman and there was a child” (george36). Others drew attention to shortcomings in their response to forced marriage and honour based violence: “A number of professionals do not have suYcient understanding and confidence when they are supporting and come into contact with women who have been forced into marriage or are in danger of so-called ‘honour’ violence. A number of public authorities are in need of training or support . . .especially after the case of Banaz Mahmod who feared for her safety and reported this to the police on at least four occasions without receiving protection from them” (Jane J). “There is a lack of response from the police on the issue [of honour based violence]” (Northampton women). A few victims reported being abused by partners who were themselves police oYcers and suggested that police policies should be strengthened in this regard: “My ex is also a policeman who knew how to work the systems and behave in front of the police” (hk66). “In spite of many independent witness statements of his violence towards myself and my child during the court hearings, the court was notified that the police deemed no action [was] required on the assault upon myself without even contacting or interviewing me. . .To this day I wonder whether friends in the police covered up for him. . .He has been using his knowledge of his police role to circulate vast inaccuracies with the sole purpose of isolating me and intimidating me. If the Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 492 Home Affairs Committee: Evidence

police cannot be trusted [then] who can we turn to for help. Having reviewed the Assistant Chief Constables Forum (ACPO) they apparently are cracking down on domestic violence [but] from my experience they should start by putting their own house in order” (dot.com). “OYcers applying to join domestic abuse units must declare if they have committed domestic abuse. This won’t stop lying but it will make their removal from oYce easier if they are shown to have lied” (tiscali). Two posters suggested that shortcomings in the police response could be the result of a lack of adequate resources and capacity to deal with domestic abuse: “I live in a small market town and although the local police have a campaign showing that they want to take domestic violence seriously they just don’t have the resources for it or clout to follow allegations through suYciently enough for the protection of victims, unfortunately I experienced this first hand. The only time I was brave enough to contact the police my ex-partner was released the same evening” (kpelt). “The police are constantly stretched and realistically only have capacity to really make a diVerence to the high risk victims. Yet many of the lower risk will one day become the high risk” (Ali). A few respondents suggested that the police had been negligent in their cases and some had made formal complaints as a result: “I called the police after my ex-husband tried to strangle me, [he] had been threatening and verbally abusive all night and said he would put me through days of sleep deprivation. The oYcer who I spoke to asked me if I really wanted flashing blue lights outside my house with all the neighbours watching and told me to call back in the morning when things had calmed down! I was utterly horrified and realised I had to deal with the situation on my own. I never rang them again. That was nearly 10 years ago. I hope the police have improved since then” (marigold123). “My ex-partner violently kicked me and dragged me all around his flat. . .as soon as I arrived at my parents I called the police and told them what had happened, I was informed that an oYcer would visit me the next day at home. The following day a male oYcer alone visited me at home. I explained everything that happened whilst also explaining that I was due in court the following month as a witness for a pending assault on myself from my ex partner. . .This oYcer told me that if I were to make a statement it would undermine the pending court case?? Because I was so nervous I followed his advice, at the same time this oYcer wrote in his pocket book that the assault had never took place and persuaded me to sign it. Regrettably I did. I was to be informed at a later date. . .that this oYcer SHOULD of took a statement” (ocean33). “I was strangled by my ex-husband a few years ago. . .the police was informed that I was strangled, but he asked me if I wanted my husband to be arrested. I was very scared. . .I said I do not know. I need to go to hospital first. . .later that police [oYcer] was demoted due to his negligence. But it was too late for me. Because the police’s negligence. . .he got away with much lesser sentence than he deserved” (bouncingback). Some victims reported that they had found it diYcult to decide how the police should respond to the situation in terms of removing the perpetrator and charging them: “They spoke to my partner first and not me which immediately gave him control over the situation. . .they then asked me what I wanted. . .did I want him to be arrested. How ridiculous to put a victim of abuse who has been obviously beaten and scared witless in that situation. I was so scared of the repercussions if he was arrested that I said no and asked that they remove him from the property. . .The police should not ask the victim if she wants the perpetrator to be arrested. . .because usually she will say no due to fear. They should take statements and look at the presenting evidence and make the decision to arrest themselves” (claire-health). “The police were very pushy for me to press charges I did but dropped them as I was more scared than ever” (women centre). “This pushiness is something I have heard of before. Perhaps it is because they are made aware of the “zero tolerance” policy operated in their force areas and feels this is what they have to do. . .My view is that the victims (sic) views are the most important. They should be free to voice their needs and if community support is what they want then so be it. . .One size and approach will not fit all” (zander). Others drew parallels with charging in cases of violence against strangers and felt that a “zero tolerance” approach should be taken regardless of the victims’ views: “When an oVence is committed the perpetrator should without exception be arrested and charged. If an individual is attacked by a stranger this is an automatic response yet victims of domestic abuse can be put in the uncomfortable and often dangerous position of being asked if they want to press charges” (Front line). “We need to make victims know that if they use an agency such as police and then do not enter into changing the abusive relationship by either leaving it or going on behavioural [or] relationship programmes then they will get fined. All to[o] often police are called out to act as referee or used Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

Home Affairs Committee: Evidence Ev 493

as a power game to get back at the perpetrator, this sends the wrong message about what the role of agencies are for in this situation and also encourages lack of personal responsibility in both parties” (lorca). One participant suggested that there was a lower frequency of charges of female perpetrators despite them reportedly committing a higher number of incidents of domestic violence: “NOT to confuse the proportion of those CHARGED or CONVICTED: the chances of a man being convicted as about 10 times higher than of a woman. NOT to confuse the proportion of victims with the proportion of incidents: statistically there are more incidents per single woman than per single man” (Leo).

Police training “I ask all police oYcers who don’t know how to do their job to seek training. I ask all those who don’t wish to do their job properly to resign” (tiscali). “Ongoing specialist training is essential to all police oYcers” (Jane J). “Ensure that all police are trained in dealing with such situations as the response from some oYcers is not always sympathetic—they do not seem to understand that something seemingly innocent to them like a phone message can actually be very intimidating and frightening for the victim” (hk66). One poster made the following suggestions for improving the police response to domestic violence: “All police forces must know what to do when domestic abuse is reported. All oYcers must recognise that emotional/psychological/financial abuse requires a total response too. All oYcers must recognise that sexual abuse is abuse too (some oYcers are just looking for black eyes). . . [domestic violence] units must be joined up with CID sharing information safely and intelligently designed to ensure dynamic risk assessments are timely. Police record keeping needs to improve. Often it is the cumulative history that enables others to identify risk” (tiscali). See also Ev 489–490 on training of all front-line professionals.

Crisis housing

A number of participants raised the need for more safe refuge beds for men, women and children fleeing domestic violence. In particular they felt there was inadequate provision for men, those with mental health and drugs or alcohol needs, those without English as a first language, and women with older male children or children with disabilities. Geographical disparities in refuge provision were also highlighted: “I’d like to see a safe, government-funded place in every borough/county, with a trained counsellor on hand night and day, plus beds. A first port of call for women experiencing domestic violence. . .a true safe haven” (lux1234). “The other important thing is having enough spaces in refuges” (Happynow). “Refuge provision diVers dramatically from one area to the next. I live in an area with 150,000 residents but we only have seven refuge beds, whereas 20 miles away in a neighbouring authority they have 15. We also need provision to be more flexible, ours only accepts women and will not accept teenage boys over the age of 13” (CllrDavison). “Improved funding for VAW services including refuges” (Campaigner). “There is a gap for women who have higher needs ie mental health, drug or alcohol issues. . .the ultimate need of a woman who is fleeing is a bed and safe place to live in order to get herself back on her feet. I feel for women who have higher needs there should be more 24 hour staVed Refuges” (amosemper). “[There are] very few services for male survivors, certainly if refuge space is required” (Trish). “Frontline services such as safe refuge spaces, with bilingual workers as and when needed” (Ap1). “Centre[s] that can oVer a bed for the night for a victim [of forced marriage]” (anonymous). “Sustainable funding should be made available to specialised refuge services to enable them to accommodate women who have experienced domestic abuse and have additional mental health problems, misused alcohol, used illegal substances, are disabled, are from same sex relationships or who presents a risk, or potential risk, to children or have a criminal record” (Jane J). “There is only one refuge for women with substance abuse problems, and that is in Northamptonshire” (Northampton women). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

Ev 494 Home Affairs Committee: Evidence

The manager of a refuge outlined her fears that recent changes to commissioning arrangements may result in fewer refuges: “The competitive environment will more than likely result in this high quality provision being replaced by a cheaper alternative from an inexperienced provider, as has been our recent experience with the Floating Support contract, won in my region by a generic floating support provider. This has brought an end to the refuge aftercare service” (anonymous). “Domestic violence refuges need more funding and safe house or temporary sheltered accommodation could be created where multi-disciplinary outreach services could access” (blackburn). A few respondents reported negative experiences of refuges: “In a number of discussions I have had with victims who have experienced the refuge system (in some cases not all) have felt powerless and out of control whilst in the refuge, with lots of rules and regulations, directing them to see a particular divorce lawyer, and telling them they must divorce and never communicate with them or allow the children to see them” (female). “I did make the decision to go with my children to a Refuge and was rehoused on the other side of the country. I was just let to get on with the move, no support, no back up, no introductions to any kind of follow on or support services” (anon0207). “Remove the monopoly that currently exists in refuge provision away from women’s’ aid agencies and open transparent and good quality services for those that need to leave. Or better still make the perpetrator move into a refuge and let the refuges be run by women’s aid—after living with that regime they certainly won’t act violent again” (lorca). “The feminist movement never asked victims if they wanted to be shoved into refuges in the first place, they needed help to get away from the abuse that’s all!!! We punished the victim and not the perpetrator” (lorca). “Why send women and children to refuges? Workhouses for the 21st century” (Stockport). Some questioned the high cost of refuge provision and felt that other forms of accommodation and support would be more appropriate and cost-eVective in meeting victims’ needs: “[The] cost of refuges are extremely high, it would be more cost eVective if local authorities had satellite properties, I feel that when a woman has fled she is carrying a lot of trauma with her putting her in an environment full of complete strangers who have their own tragedies places her in a more stressful situation. Floating support workers could visit the women every day and provide with support and advice. . .when refuges were first created they were a fantastic idea but I think now. . .it would be better to provide flats or houses for women who are fleeing on a temporary basis” (sk). “Shut refuges—spend the money on community based support. . .alternatives to refuges would be better, and save money—how much money is spent on refuges for very small numbers of women, when all that money could be better spent on outreach [,] housing [and] alternatives to refuge[s] ” (Stockport). “All the money spent on refuges could be spent on outreach, responsibility for safe houses in self contained property could be given to local councils. StaV ratios in refuges are about one worker to two women, in outreach this is one worker to 12 women, providing the same service. Most of the work that refuge workers do is admin, health and safety, cleaning, [and] housing management” (Stockport). Five posters commented that refuge provision is based on the premise of the victim rather than the perpetrator having to move away from their home. They felt there was a need for integrated services to protect and support the family unit and for accommodation to be made available for perpetrators: “The action that would have helped me would have been able to stay in my own home, instead of moving my children away. Women should be able to feel safe in the homes that mostly they had built. Women suVer from the violence, the man does this, yet in a lot of cases he has the marital home. The woman ends up having to start all over again” (lifeafter). “As it stands hundreds of thousands of women and children every year have to flee their homes from domestic abuse. . .this upheaval has a significant impact on women but also on their children. . .the men in the majority of cases remain at home. Emergency accommodation should be made available for perpetrators so that women don’t always have to be the ones to leave” (Jane J). “What most victims want is for the abuse and control to stop, and to stay in their own homes. Perhaps refuges on the other side of the country should be taking in perpetrators who are not residents of that area, where they are closely monitored and told what to do!” (female). “Let’s not forget it is cheaper, better for the family and community for the victim to stay in the community and for the perpetrator to be tagged and removed from the area. Obviously women’s aid organisations will bleat on about the possible death issue and not to minimise it all women are no safer in refuges on the whole!!!” (lorca). “Why should women and children leave homes, all their stuV, friends, family, jobs, school and the dog?” (Stockport). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Multi-Agency Risk Assessment Conferences (MARACs) and Independent Domestic Violence Advocates (IDVAs) Participants were encouraged to give their experiences of MARACs and IDVAs, but there were very few contributions on these provisions. Some posters did however raise the importance of multi-agency work and the inadequacy of funding to support women and men suVering high risk domestic violence. They also suggested that IDVAs and MARACs should be at the centre of such work: “I am heartened by the recent advances in the criminal justice system” (anonymous). “Being able to access all agencies together, when needed, is vital so I would suggest creating solid funding streams to develop IDVA services” (pinky). “Multi agency working will allow a more co-ordinated response. It would be integral I feel for the IDVA service to be of core importance in bringing the agencies together” (Natasha7). “When agencies understand how important [the MARAC] is to the continued safety of the client, [it] can be extremely eVective. Agencies really need to ‘buy’ into the concept” (hope through help). “The provision for all services needs to be reviewed. MARAC and IDVA’s are for high risk cases which is important as all services such as housing, police, ss [social services], refuge and lots more all get together monthly and can put in place things like panic rooms, alarms its all about Murder Prevention” (angels).

Impact of focus on high-risk cases Several contributors suggested that there is a gap in provision of support to low risk victims of domestic abuse. They highlighted the value of outreach support, in particular for lower risk victims but suggested that such provision is decreasing. There was also some concern that the introduction of IDVAs and MARACs has had a detrimental eVect on the provision of outreach services to lower risk victims: “Survivors of [domestic violence] are best helped to build their lives with outreach work, gaps in the provision, are gaping, once where there were outreach workers we now have the IDVA, who DO NOT DO THE SAME SORT OF WORK. (I speak as one who knows) low risk women, do not fall into the IDVA’s role, low risk left unsupported eventually become high risk” (angels). “My concern is a lot of focus is being placed on high level risk with the monthly MARAC meetings but I am fearful that the impact on continual low-level domestic violence will be interpreted wrong. . .the judgement of low/high level is perceived by others and I wonder whether we are going to get variances in thresholds” (blackburn). “Outreach in rural areas is so important as this is sometimes the only service that [domestic violence] suVerers and survivors can access, more and more outreach are being closed because of funding” (angels). “IDVAs are very diVerent. . .IDVAs could focus on the high risk, outreach all the rest” (Stockport). “Even though there is now a drive to help victims of [domestic violence], why are some services being closed down?? I was told yesterday that the outreach project in my area was being stopped, which means that unless you go into a refuge, you will be turned away!!” (lis7901).

6. Support and Survival Other support services for domestic violence are often provided by the voluntary sector. Contributors highlighted the need for flexibility in responses to meet diverse needs of all victims: “As a ‘survivor’ of domestic violence and a professional stakeholder, I can only speak from my own experience and I understand that everyone’s experience is specific so I first feel we need a range of responses for diVerent situations” (peace). “There are so many voices out there and each and every one of us is unique. We may agree on some things but we don’t agree on everything. What may help one person will not necessarily help another. This needs to be acknowledged—one service does not fit all” (The Real Me). A few participants commented on the nature of support required to meet victims’ needs: “Understanding non judgemental [support]. . .is very important it lets women know they are not alone and someone does understand what they are going through” (Seca). “We should also not be judgmental when the victim returns to the abuser—this process we know can be repeated many times for various reasons but our job is to help them gradually build up their strength until one day they leave for good” (blackburn). “Providing a survivor centred approach. . .a range of services, suYciently flexible to meet an individual’s need. An approach that encourages empowerment and self determination. . .participation in developing services to address their needs in the future” (andiecraft). Processed: 04-06-2008 23:26:13 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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There was consensus that there is not enough support for victims and where it is available it is not sustainable or holistic enough: “Most of the work already done relies on goodwill” (Ali).

Several contributors felt that each area should have a service which victims could use as the first port of call for advice, counselling and support: “There needs to be more centres [where] women can access advice and support and where women can go and talk to other women that have experienced it” (women centre). “A safe, government-funded place in every borough / county, with a trained counsellor on hand night and day, plus beds. A first port-of-call for women experiencing domestic violence. If this place was full, the staV would make some calls and find you somewhere to stay, they would never turn anyone away. You would be able to get practical non-judgemental advice on housing, pressing charges, custody, divorce proceedings, restraining orders, benefits, etc. This place would be heavily advertised / publicised so that as many women as possible knew about it. A true safe haven” (lux1234). “Each Borough or County should have a centre for victims with specialist staV on hand, a first port of call, they can advise and support the victim and refer the victim to relevant agencies” (anonymous). “The damage caused is long term and far reaching—support must be made available long term” (Magicae).

A few participants gave examples of support services which they had found helpful: “I was very fortunate as in my area two social workers had taken it upon themselves to provide a service to women who had experienced domestic abuse. . .the service really operates on the good will of the social workers and support staV’s determination to address this problem. The service provided by them is split into three areas, group 1 a support group while waiting to attend group 2, a ten week programme designed to empower women to understand the eVects of abuse on their mental health, self esteem and confidence and group 3 a self help group. If it had not been for the service provided (WINGS) there would not have been anywhere I could have gone to” (andiecraft).

Support services: a postcode lottery

A significant number of posters highlighted geographical disparities in the provision of support services. Some suggested that gaps in provision were particularly apparent in rural areas: “An end to the ‘postcode’ lottery of specialised (third sector) service provision for women who experience domestic and sexual violence. It is absolutely ridiculous that some women can expect to receive support from well-funded and supported local service providers, whilst others. . .will receive no support at all” (angie). “Continuity of provision, and a dedicated support network which is easily accessible. . .some areas provide 24 hour help and advice whereas in others, you need to be a victim Monday to Friday between the hours of 9–5!” (CllrDavison). “Considering how prevalent and serious domestic violence is—there should be blanket coverage of high quality services over the entire country as a matter of priority. What is the point of spending money on national defence if one in four women are not even safe in their own homes? I live in a town of 20,000 people in the South of England. There are NO domestic violence services here” (Woman). “Post code lottery. Some areas have fantastic, co-ordinated services, others have virtually none” (Trish). “There isn’t any provision to support women in a rural setting [in my area]” (Seca).

One respondent suggested that finding support was problematic for all victims: “All women from any background go through a harrowing experience trying to find help” (anonymous). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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However, it was clear from other contributions that there were disparities in provision of specialist support to particular groups, including single women, men, people in same sex relationships, BME, disabled and those with mental health problems: “Particular eVorts must be made to ensure that services are available to groups who may be marginalised, including women from minority ethnic communities, disabled women, older women and women in same sex relationships” (andiecraft). “Services are skewed towards women with children as victims [or] survivors of [domestic violence]. What about woman with out children, women whose children have grown and left home, men with children, men with out children, those in same sex relationships and other familial relationships— these people there is little to nothing for” (aztecanni). “Specialist LGB groups may not always have the capacity or expertise to address [domestic violence] in same sex relationships and many agencies see the asking of sexuality in terms of equality monitoring as diYcult” (pureland.) “There are also some very important gaps, for example for. . .women with substance abuse problems. . .women with no recourse to public funds. . .male victims of domestic violence, who are on the increase. . .services for domestic violence [for victims] with disabilities, especially in the area of mental health” (Northampton women). “Greater need for culturally specific services” (Trish). “I would suggest that we need more (state) provision for suVerers of emotional abuse” (lux1234).

Support for victims of forced marriage and honour based violence

Many contributors mentioned the particular lack of services for victims of forced marriage and honour based violence: “There are not enough support services and as yet not a clear pathway for people who are being forced into marriage against their will” (anonymous). “We only know a couple of Asian women led voluntary organisations and the Forced Marriage Unit opened as a response to the campaigning carried out by voluntary organisations. . .There is not enough support for victims, there is no first port of call, again it would be a centre for victims of all [domestic violence] crimes to receive advice, support and advocacy” (anonymous). “It is diYcult to assess whether there are adequate support services for people who are forced into marriages without first assessing the honest number of people out there who are going through this” (dare2connect). “Karma Nirvana has been working very hard. . .providing support to many victims of forced marriage and [honour based violence] HBV, however, as far as I am aware more funding needs to be available for these organisations to provide a more eYcient and eVective service” (Seca). “No, there aren’t enough support services because again when these young women try to say what is happening they are either ignored or sent back home” (Seca). “There are not enough organisations in the country to help, there are only a handful of agencies but [they are] not well financed to help, mostly voluntary women’s organisation[s], our organisation is volunteered by women [who] spend there. . .time supporting and assisting victims to rebuild their lives. You need to find out how many organisations help victims of honour based crimes, fund those organisations” (anonymous). “I have worked for a voluntary agency supporting victims of forced marriage and ‘honour’ based violence. . .they are trying to do too much in order to ‘spread the word’. . . [and] they do not have enough funds or staV to do this and at the same time to support the hundreds of victims that seek their support from all over the country” (Seca).

Some respondents questioned the quality of the limited support that is available for victims of forced marriage and honour based violence: “As a person trying desperately to get away partly from this situation and partly from other forms of abuse, I have spoken to many people. . .I have found everyone can give a shoulder to cry on, a sympathetic ear and all the promises in the land. Sadly not a single one has materialised. . .When I first talked to these diVerent professionals about what I had been going through, every single one pulled the face of disgust and gave me the sympathy. But at the end the answer is always the same, “sorry there is nothing more we can do for you”. I find this very annoying and it makes me angry Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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because they have usually done nothing for me in the first place. . . I have told these professionals not only about what I am running from, but also the fear that controls me, knowing that one day I could be found. They have seen how I live, but still they either don’t or won’t help” (hope). “We need to stop making assumptions about victims and the communities we belong to. . . Even organisations set up by those claiming to be the experts were useless—most of the people there ended up forcing you back to the situation or couldn’t stop gossiping about me behind my back” (The Real Me). “The Government needs to stop trusting the usual suspects or those who claim to be ‘the experts’. This results in funds being channelled into organisations that have set ways of working, set views and specific client bases. The sad thing is that they all claim to do everything the Government wants them to do but the sad reality on the ground is somewhat diVerent. . .I want you to realise that whatever you are doing it is not working and all the fancy new projects and organisations that are coming up are just taking vital funds but are making absolutely no diVerence whatsoever to the heart of the problem. This can only be achieved through education and sensitive work with families at a much earlier stage of a child’s life” (The Real Me). The nature of forced marriage and honour based violence can create diYculties for those providing support services, in particular the need to overcome cultural issues: “I think it is very diYcult for agencies to provide support [for honour based violence] because there are so many factors” (kka38). “A number of professionals do not have suYcient understanding and confidence when they are supporting and come into contact with women who have been forced into marriage or are in danger of so-called ‘honour’ violence. . . [as shown by] the case of Banaz Mahmod who feared for her safety and reported this to the police on at least four occasions without receiving protection from them” (Jane J). “As professionals we should not hide behind “cultural issues” so cannot interfere, may upset the community etc” (anonymous). “I think organisations need to be more willing to gather all the relevant information and take a stand if necessary without labelling and blaming cultures, while providing support to help victims [and] survivors” (francois). “[Honour based violence] remains very much an issue of culture and people are reluctant to involve themselves” (Cllr Davison). This was echoed by respondents representing support organisations: “Providing support services can be hard—staV from the aVected communities who work in this area can find themselves under pressure or even threatened by people in the community” (Northampton women). “We work closely with colleges and domestic violence groups and are currently trying to build links with schools. . .this has been an uphill struggle” (Fatema). “[We are] tied in how we are accepted as a group supporting victims that are perceived as being disobedient” (Fatema). “However it is done, it will be perceived by some as attacking religion and culture” (Fatema). See also Ev 489 on awareness raising of professionals and the need for more cultural sensitivity. Participants felt that a range of services were required to meet the diverse needs of victims of forced marriage and honour based violence: “There are so many voices out there and each and every one of us is unique. We may agree on some things but we don’t agree on everything. What may help one person will not necessarily help another. This needs to be acknowledged—one services does not fit all” (The Real Me). “We need to be able to give practical help in terms in safeguarding victims not just giving them tea and sympathy” (christmas). “[There is a] need for specialist staV who can support and counsel young and older victims” (anonymous). One contributor noted the importance of follow-up support to help victims move on after they have escaped abuse: “The follow up after these victims run away from a forced marriage is very important as well, as they become totally isolated from their community and family and they need further support to help them move on with their lives. . .when they are trying to adapt to a diVerent world without the support of their close knit families” (Seca). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Others highlighted the value of telephone and email advice in meeting the support needs of victims: “One victim of a forced marriage said that the Forced Marriage Unit at the Home OYce was helpful in providing information” (Northampton Women). “We attempt to oVer support, guidance and help in whatever capacity we are able to. We often find that the best way is through email or over the phone. For young Asian women these would be the safest ways, they would not have the freedom or time to visit our oYce” (Fatema). One respondent stated that poor language skills can prevent the use of helplines for the most vulnerable: “Although there may be a role for helplines, my experience of working with at-risk young women is that the most at risk would not be able to use them because of poor language or communication skills” (ict1921). Another suggested that this could be overcome by the provision of internet advice or the use of peer support projects: “Given the problems encountered perhaps an internet helpline might be the way forward” (zander). “Some work was. . .undertaken. . .to encourage mutual support, and provide [Somali women] with training” (Northampton women).

Support for victims with insecure immigration status A few participants felt that support for victims with insecure immigration status should be strengthened: “Those who have no recourse to public funds often face the starkest choice, either return to the perpetrator or face destitution. There have been cases where women have had their children taken into care because they have no financial resources and can claim nothing. This is nothing short of disgraceful” (nadine). “Proper legal protection for women without recourse to public funds” (Campaigner). “Clearly all the victims of domestic violence and forced marriages deserve a proper response from public bodies. But most of these victims at least have the ability to speak English, are British and know their rights (even if they cannot actually exercise them). From my experience as someone from a Pakistani background who has seen abuses happen in the wider family, and has been left to help the victim in one such situation to pick up the pieces, I would say that one particular type of victim who does not get much attention is the wife who has come from, say, Pakistan on a spouse visa. Most of the time, such women have very little education, no independent means and no experience whatsoever of how to live in this country. They are completely at the mercy of their in- laws. Whilst they are on they probationary leave their status in this country, in practice, is also very much at the whim of their in laws as well. I would say that this is one of the most vulnerable if not the most vulnerable group. However, in my view because they are immigrants, I think this is one of the groups that receive the least sympathy and attention—such women are in fact invisible” (Concerned). One poster raised a need for support to be provided by people with particular expertise: “The other crucial factor from what I have seen of all the instances of women who have successfully escaped from such abusive relationships is that they have been fortunate enough to have had the assistance of someone who has some experience of how things work in this country. Women who do not have this assistance go on suVering for many years and the abuse might be getting worse— this is the most vulnerable group” (Concerned).

Support for male victims The lack of support for male victims was raised as an issue but no postings were received on the nature of support needed by male victims.

Sustainability of funding and service closures Contributors reported that recent funding reductions, the short term nature of funding and the lack of priority given to local commissioning of domestic violence services, were further reducing already limited provision: “Projects come and go, usually to coincide with the way that funding is applied, inner cit[ies] fare well, but that is not the case with rural area[s]. . .we all get projects up and running three years on with full client books, evidence of need within the community, after three years other Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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professional[s] (sic) have got the message your project is best place to help this client group, after three years the Local Council or the community safety are expected to fund this project, the project finishes, for almost 12 months later referrals are still being placed” (Hellraiser). “Ring fenced [domestic violence] funding was removed a few years back even though it was clear that as professionals we had only scratched the surface and, because of under reporting, [domestic violence] was not going to be a geographic priority” (aztecanni). “Outreach in rural areas is so important as this is sometimes the only services that [domestic violence] suVerers and survivors can access, more and more outreach are being closed because of funding” (angels). “In September 2007, my town lost its Women’s Aid, and important frontline service for women in my region experiencing domestic violence in the home. This meant that 25 units of specialist [domestic violence] floating support were lost. In addition, the helpline and drop-in support service run by Women’s Aid also disappeared” (anonymous). “We have been providing a range [of] domestic violence services to adults and children for 14 years now and still have no permanent [or] guaranteed funding. Our services for children have a five to six month waiting list with statutory agencies sending referrals everyday and no funding beyond March 08!” (dias). “There is only [one] agency that I got the help and support I needed from. . .And guess what! It’s going to close unless it gets some funding soon. . .What message does this send out to abused women everywhere? That we DO NOT MATTER!” (cheeky monkey). “FUNDING!!!! FUNDING!!!! FUNDING!!!! Voluntary organisations struggle financially to provide necessary and vital services to support victims/survivors of [domestic violence]. It is getting harder and harder and more time consuming to prove your worth as agency” (paula). “While the number of statutory organisations has increased the number of specialized voluntary organisations has decreased” (Jane J).

Many contributors specifically focused on funding constraints for specialist support services, including those for men, and for victims of forced marriage and honour based violence: “As it stands the level of funding made available to specialised domestic abuse services are being squeezed and there is not enough provision for women with multiple needs” (Jane J). “Funding men’s support is non-existent” (Leo). “There is no funding [for support related to honour based violence]” (aztecanni). “There are only a handful of agencies but [they are] not well financed to help” (anonymous). “More funding needs to be available for these organisations to provide a more eYcient and eVective service [for victims of forced marriage and honour based violence]” (Seca). “Forced marriage and honour based killings and abuse are appalling crimes and in towns when there are few members of the BME community (such as where I work) the marginalisation and sources of assistance are very limited” (dias). “The work that voluntary organisations carry out is life saving but they are under resourced and full to capacity in regards to how many women they can support” (Jane J). “The only way forward is for the government to put more resources [for forced marriage] at grass root level” (anonymous).

Respondents suggested that as well as resulting in service closures, there are other ways in which the lack of funding can have a detrimental impact on service providers: “Everyday is spent trying to find funding and willing volunteers to run projects” (Ali). “The major issue regarding service provision [and] delivery is regular [and] continuous funding and the recruitment and retention of good quality [and] skilled staV due to short term funding” (pinky). “I now find myself working endlessly to influence local statutory agencies to provide funds to support a temporary helpline service for the area . . . and have secured short term funds to do so. How long this will last I do not know” (anonymous). “The women’s voluntary sector has been around for decades providing support and safety to women and they are constantly being asked to provide more services for less money” (Jane J). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Others drew attention to the impact that this can have on victims and questioned the message that this sends to them: “[Victims] who are able to make that initial contact may receive support, but due to lack of funding it’s getting diYcult” (hswa786). “We give a service within a very limited budget and engage with men and women who need assistance both emotionally and practically and then the funding finishes. Many of the victims have been let down by services and often, just as trust is being gained, they again feel let down because a project ceases to be funded. What message is giving? Often it feels if government is simply ticking a three year box and not looking at the bigger picture” (Kitty). “My project keeps lunging from six month[s] [to] six month[s], not enough time to make a diVerence” (Hellraiser). The insecurity of funding led several participants to call for core funding, or more sustainable funding, for support services: “A solid funding commitment” (Hellraiser). “Proper funding for support and intervention” (aztecanni). “Core funding is needed for voluntary organisations that support people who have been forced into marriage” (Jane J). “Core funding should be made available to voluntary organisations so that they do not have to worry about job losses, funding applications every year” (Jane J). “Voluntary organisations struggle financially to provide necessary and vital services to support victims/survivors of [domestic violence]. It is getting harder and harder and more time consuming to prove your worth as agency. This should not be the case, we should be funded by central government” (paula). “Improved funding for [Violence Against Women] services including refuges—at least three-yearly streams but a commitment to meet ongoing core costs for key services would make a world of diVerence” (Campaigner). “More resources at grass roots level [for forced marriage provision]” (anonymous). “More funding should be made available for voluntary sector organisations like Women’s Aid and the Citizen’s Advice Bureau to support and advise victims so they can get help and advice when they need it” (sotbas3060). “Often it feels [as] if government is simply ticking a three year box and not looking at the bigger picture” (Kitty).

Funding services for victims with insecure immigration status

Funding is particularly problematic for organisations providing support for those with no recourse to public funds, such as those with insecure immigration status: “Voluntary sector agencies have to factor in the costs of supporting these victims into their own operating costs” (Northampton women.) “The no recourse rule has. . .a significant impact on BME refuges. The cost of supporting one woman and her children for a charity is roughly £15,000 per annum, and in some cases can be significantly higher” (Jane J). “Refuges in the UK have been put under a great deal of pressure, supporting women who have insecure immigration status” (nadine). Several recommendations were made by contributors specifically in relation to funding support for victims with no recourse to public funds: “No recourse to public funds during the two year ‘probationary period’ should be abolished where domestic abuse is established. . .This would mean that less women will return to their abusive partners and the voluntary sector resources are not diminished” (Jane J). “The no recourse to public funds rule should be abolished and if not core funding should be made available to voluntary organisations to support women with no recourse so that they are not forced to turn them away” (Jane J). “The government should allow immigrants who pay taxes to Nat[ional] insurance but have ‘no access to public funds’ like I do. . .access to domestic violence assistance and counselling. It is horrendous, human rights. . .WHERE?” (nanbear). “All women [should] be oVered safety regardless of their British identity” (Ap1). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Publicising support services Some victims reported that they had not known where to go for help and raised the importance of publicising services: “I wouldn’t have known where to go” (Ali). “Provide more publicity of the services available” (hk66). “[The] Forced Marriage Unit needs to be far more widely publicised” (Trish). “There should be a lot, lot more publicity about domestic violence and where to go for help” (penguin).

Children’s support services A number of posters suggested that there was limited support available for children experiencing domestic violence: “Children are the hidden victims of Domestic Violence and NOTHING is being done to help them” (anon0207). “The system does not protect children in my experience, I have been very lucky to get them support from a local charity project and the children are now doing very well” (dot.com). “We don’t want the pattern to continue we need to break the chain with the children” (freenow.) A significant number of postings highlighted a lack of emotional and psychological support for children, from a range of agencies, including schools, social services, health services and specialist domestic violence services: “There’s an absolute lack of therapeutic services for all children around ssues of domestic violence—that’s within the statutory sector and the voluntary sector as well” (NSPCC Children’s Services Manager). “The majority of refuges don’t have domestic violence workers purely for children. If a refugee can[‘t] access a local service, and refugees do try very hard. . .there just isn’t enough provision for children at all.” (NSPCC Children’s Services Manager). “I also have grave concerns about the level of support oVered to children. My young child witnessed the attack and was diagnosed with Post Traumatic Stress Disorder. She was referred to CAMHS [Child and Adolescent Mental Health Services] and. . . [as a result of frequent moves] she had to go on the bottom of a waiting list. All in all it took almost 18 months of an extremely traumatized young child to receive the help she so desperately needed” (anon0207). “There is no government funding for Children’s Services at the refuge. All funding is ad hoc and short term. Last year, 128 children lived at the refuge for a period of up to six months. All needed intense support to overcome their traumas” (anonymous). “There needs to be more services aimed directly at children and young people. There’s not enough. I know we’ve got NSPCC and excellent work is being done, but I think we need to do more work with young people” (NSPCC Children’s Services Manager). Respondents suggested that services for children who have experienced domestic violence should be more widespread and better funded: “The impact of domestic abuse on children is well known therefore it is astonishing that there are so few child workers. Every Child Matters? Children need consistent support. . .sustainable funding is needed for child workers” (Front line). “The government needs to pile a tonne of money into caring for children in these diYcult situations” (tidewillturn). “More counselling and programmes for children of all ages. . .to attend to help them through life” (freenow). “What I would like to see is the ability to fast track these poor children to the help they need, or at least be able to retain a place on the waiting list moving from borough to borough” (anon0207).

Health services A few contributors were critical of the nature of medical intervention and types of treatment available to victims: “[Domestic violence services in my area] only oVer ‘support’ not counselling. If you ask for referrals to sympathetic counsellors they have no names to give you—even if you can aVord to pay—this is very important, as not all counsellors really understand domestic abuse especially when it is emotional not physical as in my case. Many women need extensive counselling to recover from the brainwashing they are being subjected to—even to get enough self-esteem to leave” (Woman). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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The lack of availability and accessibility of counselling and other therapy on the NHS was subject to particular criticism: “We’re doled out anti-depressants like smarties but never counselling [,] advice or support” (Yet another battered wife). “I think free limitless counselling should be oVered on the NHS for victims—after all the NHS doesn’t leave broken arms to heal by themselves so why do they leave broken minds?. . .I have asked my GP if I can get counselling on the NHS and he said no. I was paying for counselling but after my husband left me and when I needed it most I was unable to continue it” (hr puV). “I also tried to access counselling services through my GP practice, but firstly they had a long waiting list and when I finally received a letter giving me an appointment was for a working day from 9–11am. Consequently, for people that work and pay taxes meaning being productive members of this society, there are not any free services available” (Seca). “It took me nearly one year to be seen and receive professional treatment because the waiting time was nine months, by then I was in a terrible state both mentally and physically” (bouncing back). Where they had been referred by their GP for counselling, victims suggested it was valuable in helping them to cope with the violence and in aiding their recovery from it: “I have been supported through counselling with my local GP which has empowered me to put the boundaries and understand the causative factors as well as helping create an environment to appease the situations which can often be due to mental stress, alcohol, work pressures etc. . .yet at the same time keeping myself strong enough to assert my own decisions and ultimately stop the violence” (peace). “I am now having counselling, referred by my GP, to help me through the remainder of this stressful time” (parijata). One of those who had received counselling felt that such provision should be made available to some victims of domestic violence as a matter of course: “The victim of any type of attempted murder cases or grievous bodily harm should be referred to a psychotherapist as soon as after the incident [. . .] It is better the victim to be looked after by a professional therapist as early as possible to prevent the victim [going] through more severe mental and physical pains and save NHS money [. . .] Each NHS hospital should have [a] dedicated therapist or team to deal with these victims. The police, GP and hospital should be able to refer to (sic) these victims straightaway after such trauma” (bouncingback).

Financial support Respondents revealed the high cost of taking cases to court and some suggested that legal aid should be more widely available to victims: “My ex husband took all our savings and wouldn’t leave the home that I jointly owned. I had to take him to court. He claimed he was depressed, so kept dragging everything out. He was warned repeatedly that he would be in contempt of court if he didn’t fill in forms and turn up, but he did what he wanted, costing me more and more in solicitor fees” (Happynow). “He abducted my child forcing me to make an expensive application to get him returned, of course he was legally aided. . .He disregarded the court order to return my child and forced me to return again in another costly application. . .As I owned a home before I met my ex. . .he decided to pursue me through the civil courts for his perceived share of my home, once again legally aided. As I was maintaining the home and children single handed I could not aVord a solicitor” (anonymous). “My only source of income was his income. . .he got his friend [and] employer to make him redundant to avoid the CSA [Child Support Agency] and gain legal aid. . .as I was working [by this time] and not eligible for legal aid I had to represent myself at court and could not aVord the money for a non molestation order” (anonymous). “There should also be a way of women getting free legal support. I was told that I would not be entitled to legal aid because of the equity in the family home, which of course I cannot access anyway” (nadine). “Legal aid seems to discriminate against all clients not receiving income support. A review of eligibility in [domestic violence] cases would be welcome” (hope through help). Another was critical of what she suggested were low child maintenance settlements: “Everything has been completely biased towards my husband and the system has not taken into account the responsibilities I have for providing stability, care and financial support for my children. Why does he only have to provide 20% of his income for maintenance [?]. He earns twice as much as I do and all of my salary goes towards meeting our needs on a day to day basis. He is having expensive holidays and two properties whilst we are struggling to pay the bills. How can Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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that possibly be fair?. . .Since the divorce he has breached the court order with regards to [the] house and finances. It is at my expense that I am now having to return to the courts to insist upon compliance” (dot.com).

7. Prosecution and Courts

Respondents presented overwhelmingly negative experiences of civil and criminal courts: “I found the entire process through the courts, both criminal and civil weighted heavily on the side of the abuser” (anonymous). “I am deeply concerned about the number of victims, usually women and children who are forced to leave their homes and support networks, because of the failure to prosecute and/or evict the abuser” (female). “Legal institutions present an acrimonious, adversarial and aggressive environment whilst at the same time keeping the ties with the partner through court hearings” (peace).

Courts, sentencing and the Crown Prosecution Service

A number of respondents outlined their negative experiences of the criminal court process: “My daughter who has a visual disability was the victim of a very serious assault by her ex- boyfriend [. . .] The Crown Prosecution Service barristers were ill-prepared and a trial date was set for days when the key witnesses had said that they were unavailable. There was little coordination between witness care and other agencies with information that had been given to them not being passed on[. . .] My wife and I had to take on the coordination of the whole process and without us doing so we do not see how there would have been a successful prosecution and conviction which was thankfully the outcome when the case did eventually come to court. . .The whole experience has totally undermined my confidence in the legal system and that women and girls will be protected” (Frances). “Evidence given in court needs to be seen in relation to the crime committed and not the relationship of those involved, currently many courts continue to treat these crimes diVerently to those committed between two strangers” (Reflective). “Often victims experience unacceptably long delays for the start of their case, adding to the reluctance even then to appear as a witness” (hope through help). “There is a conflicting approach to [domestic violence]. . .it was 18 months before it was heard in court. During which time, the perpetrator is still at large. The day of the court case dawns, the perpetrator has brought into court a string of character witnesses from reputable walks of life (head teacher, pastor, vicar etc). In this particular case the perpetrator had also physically abused a child of the family. . .The magistrates (all men—and middle class) had police photo evidence and medical notes from the victim’s GP. The perpetrator was acquitted. I am aware that the law is an ass, but really what more evidence would the magistrates need? The point is that the acquittal is a huge double blow for the woman, who would never put herself through that experience again, thus allowing further abuse” (kim999). A few contributors felt strongly that court processes were used to further control and collude with the perpetrators rather than to ensure justice for victims: “He started using agencies to control me starting with a solicitor who represented him in court for financial and child contact proceedings. . .I felt that all the agencies I came into contact with due to my situation colluded with my husband. . .When will there ever be any justice for victims? Also when will there be appropriate support rather than collusion from agencies including the courts who have no understanding of domestic violence possibly placing victims at further potential risk and pushing the[m] back into an abusive relationship” (anonymous). “Because he could no longer bully, control and interrogate me for hours or days on end, he decided to divorce me by filing a petition containing nothing but outrageous allegations and lies (‘legalised abuse’) which still rests with a County Court” (parijata). A small number of respondents were critical of court judges and questioned their understanding of domestic violence: “At a conference today I was reminded that the judiciary were independent. We had been discussing the problems of judges in the higher courts (magistrates are getting training and SDVCs etc) still taking extraordinary decisions and making remarks which betray an ignorance of the nature and dynamics of domestic abuse. Their being independent mustn’t serve as a barrier. The Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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damage done by some judges is greater than the eVort required to change their behaviour and knowledge. We must try to change this or we accept that any aspirations to equality of treatment and appropriate judgement will remain as aspirations” (tiscali). “The only negative experience I had was in relation to the judge in my court proceedings. Unfortunately I found him to be judgemental, rude and dismissive and I struggled to maintain my confidence as a result” (Harrison). Others were critical of the conduct of both defence and CPS solicitors: “My ex did not want contact but his lawyer advised him to ask for it as he would look better in the eyes of the Judge for the case of violence” (Lady Portia). “The case went ahead a number of months after the attack, I was grilled for an hour by his solicitor who had had many months preparation time [.] The CPS chap who was prosecuting knew nothing about me, I met him five minutes prior to the hearing [.] During the hearing I was painted out to be an unstable woman with severe mental health problems who had most likely inflicted the injuries on herself and the case was dropped as I was not a credible witness” (Reflective). “The solicitors involved just made their deals in little rooms. Solicitors play the abuser against the abused” (Lady Portia). Some contributors were critical of inadequate sentencing in domestic violence cases, including short sentences and disparities in conviction rates for male and female perpetrators: “He was released after six months in prison [on remand] and sentenced for two years Actual Bodily Harm (sic) with two years suspension. . .There is no justice for the victims” (female). “He got away with [a] much lesser sentence than he deserved” (bouncing back). “The chances of a man being convicted are about 10 times higher than of a woman” (Leo). Two posters were more positive about the sentences given in their cases: “The CPS took my case seriously and six months later he was arrested and taken to court where he received a suspended sentence for threats to kill. I was lucky. I have heard recently that many women have to take out civil cases which they have to fund themselves in order to get restraining orders” (anonymous). “The perpetrator did plead guilty due to the number of witnesses with full acceptance of the facts but even at the court session for the sentencing the probation service attempted to convince the judge that he was low risk despite his history. He had been out on licence when the assault on my daughter took place so it was known that he has assaulted at least three women. Thankfully the judge took a diVerent view and he received a 30 month sentence with a two year extended sentence” (Frances). The mixed experiences of criminal court processes highlight the need for greater consistency in sentencing and stronger sentencing guidelines for domestic violence. One respondent suggested: “The current punishments given to people convicted of domestic abuse are so varied and depend on the individual magistrate. This should not be happening. The guidelines issued to these people must be clearer and evaluated on a regular basis by an independent body” (mari). One participant recommended that judges’ knowledge of domestic violence could be improved by observing practitioners and attending forthcoming homicide reviews: “We could start by inviting judges and coroners to observe MARAC’s (sic). This would build up knowledge of risk. We should also invite them to Homicide Reviews. These are not yet law (but in 2004 Act) but are happening.” (tiscali).

Specialist Domestic Violence Courts Specialist Domestic Violence Courts were referred to by very few participants. Where they were mentioned comments were positive: “My area has recently progressed towards the SDVC model with success in terms of listing times and inter-agency discussions on identifying and agreeing solutions” (pureland). “I’d suggest. . .extending the Domestic Abuse courts model (seeing a perp[etrator] in court on Monday for an assault on Saturday is a real incentive to press ahead with charges” (Campaigner). One participant mentioned a court which was not an SDVC but which had introduced a fast track system to reduce the time taken for a case to come to court: “Northampton courts have a fast track system for domestic violence, rather than special courts. It takes 75 days from arrest to sentence, and that is a system that seems to be working well” (Northampton women). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Child contact, Family courts, social services and Cafcass Several contributors suggested that there were inherent contradictions in the child contact process. In some cases victims felt this was enabling the abuse that they and their families had escaped from to continue: “What is the point in spending time, energy, resources to help families of [domestic violence] to escape their nightmare only to be forced back into it again on a weekly basis inside the family courts” (atlantis). “Give children more rights of protection, instead of giving violent fathers the right of access. What is the point of escaping a violent marriage, moving away to hide, and then having to give your children away to a known violent man every month or so? I believe children should come first in these circumstances” (Happynow). “The real problems will start when the abuser decides to use the family courts to continue to abuse their family, although you can ask the court not to release your address if a father has PR which most do now, they can use these powers to track the children through other means” (atlantis) “Almost all men guilty of violence are rewarded with contact to children. Now, I ask you?? What message is that to send out to the abused mother and children?? To the abuser it says. . .wow. . .I still have control here!!!! The judge is allowing me to get away with this and I can persecute her and the children every time at contact. I give you an example from my own case. My ex did not want contact but his lawyer advised him to ask for it as he would look better in the eyes of the judge for the case of violence. So, there it is, it is not actual quality time with children they seek but permanent control and the system gives it to them as a present for their wrong doing” (Lady Portia). “The man who raped me is currently taking me to court for parental “rights” he is using the Family Court to stalk me, and this has been going on for several years. . .I have been threatened with jail if I break a contact order several times” (Skywalker). “What about years down the line when judges order contact because and I quote “[domestic violence] has no relevance in child contact orders”. These judges are the worst. They are now subjecting my son to nasty insidious abuse. How long does he have to keep suVering until social services declare there is enough “hard evidence”? Does he need a broken arm or leg, to be so traumatised that he can’t talk or eat? The Children’s Act says children should be protected [from] likely harm as well as harm that has occurred and yet all the authorities want to do is wait until they have “hard evidence”. It is a national disgrace” (tidewillturn). “The family legal system will insist on sending him unprotected to his violent bully of a father. The family courts are failing our children and something has to be done to protect everyone from [domestic violence] be them men women or most importantly children” (tidewillturn). “Cafcass, Social Services etc are systematically allowing abusive fathers (and mothers) to have contact with children and no-one is held accountable. This is WRONG” (ocean33). “The courts even wanted me to tell him my children’s school as he has parental responsibility so the fact that I relocated miles away from my family and friends to protect us they was (sic) just going to hand it to him on a plate” (louie). “This is a no win situation. There is no escape as the law stands. So every week or so Johnny goes into the energy field of violence and carries it home like an unseen plague, where he begins to abuse his Mum and siblings first and then society. Little by little the next generation of violence begins all over again and the woman asks herself—why did I bother going for help??? She then tells other women not to come forward to be completely crucified by a system that proclaims to protect her and others. I know of paedophiles and child abusers who still get contact. Supervised at first, but then money comes into play and as in my case I ended up having to supervise contact myself. So, the message is clear. NO ESCAPE!!!” (Lady Portia). “As it is all done in secret and we are not allowed by law to utter a word under threat of prison and our children being returned to the abuser or put into care for someone else to abuse them more, we stay quiet. This suits the system perfectly” (Lady Portia). One participant explained how child contact cases should be dealt with by family courts and another outlined the way in which the process is supported by agencies such as the Children and Family Courts Advisory Service (Cafcass) and social services: “During contact disputes all parties have the option of being legally represented, legal representatives have a duty on behalf of their clients to bring to the notice of the court any allegations of domestic violence, as do those parties representing themselves, they also have a duty to bring it to the attention of Cafcass. The court then has a duty to decide whether a finding of fact hearing takes place to make findings as to the violence that has occurred. Those findings have to be accepted by the perpetrator before contact can be looked at again, and only then if it is appropriate for it to be looked into again” (female). “Social services will write a ‘balanced’ report in the case of contact which nine times out of 10 will recommend contact under the banner ruling that a child has a right to contact with both parents, even when the child has been traumatised and refuses contact, even when the ‘experts’ recommend Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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against it. . .The use of Cafcass in contact cases involving [domestic violence] will also end in a ‘balanced’ report which recommends contact with the abuser and even if this is recommended as supervised, resources are not infinite and this will move onto unsupervised contact reasonably quickly” (atlantis). One poster was particularly critical of judges in family courts: “Judges in the family courts are faced with a barrage of evidence that shows the abuser has committed these crimes against their family and on the other side of the table the ‘reports’ from Cafcass and social services recommending contact. It takes a ‘special’ kind of judge to stand up for the best interests of the children in these cases and rule against the ‘expert’ witnesses” (atlantis). Another highlighted the diYculties judges may have in ruling against the perpetrators of domestic violence in child contact cases: “He took me to court for access to the children, but the court didn’t listen to a word I said. He had filled in a form saying there was no violence. I wasn’t even asked my opinion on anything. I was talked down to, and the Cafcass oYcer said there is no reason to deny this man his children. He said it as if I was dirt” (Happynow). Some posters felt that solicitors were on the side of perpetrators: “I have seen two further solicitors, who have both launched straight into the ‘poor chap needs to re-house himself—how much is your property worth?’ routine. . .I can quite believe the content of another message that suggests solicitors collaborate to disempower the victim and empower the perpetrator” (parijata). A posting from a professional working for Cafcass outlined some of the diYculties encountered in supporting children who have experienced domestic violence: “Almost every case of residence that we deal with now has issues of domestic abuse, and failure to prosecute allows perpetrators to go on and have another family and children, without having to address their behaviour” (female). This was echoed in the responses of victims and their families who repeatedly gave examples of situations in which they felt Cafcass had failed to protect young people: “Cafcass needs to be abolished also in order to help victims of abuse. They make recommendations for contact based on their own “personal opinions”, how is that good practice [?]. I was informed by the manager of my local Cafcass that the Cafcass oYcer who had dealt with my case made recommendations based on her “personal opinions”. Furthermore when I attempted to raise my concerns regarding my ex partner having contact with our daughter I was informed by the manager quote “how do we know that you are not doing this out of spite” (ocean33). “During mediation [my ex-partner] had to be contained in a room for me to get away from the premises. Cafcass placed us both together in a room which I felt was insensitive but I was thrown back into the intimidation which I was trying to escape from” (dot.com). “There was no support whatsoever for myself and children and Cafcass wrote a report weighted in favour of my ex, quoting blatant lies about me without even asking me whether the accusations were true. This made my ex even smugger and self satisfied in the court room when it was declared that I was a heavy drinker (I was tea (sic) total as I always had to keep my wits about me). . .My son informed Cafcass of the severe violence [against him] and nothing was done, too much work for the oYcer involved, a man of course. . .As a barrister I was disbelieved by Cafcass and indeed the “system” so what chance has a lay person of getting justice[?]” (anonymous). “I have been dragged through the court regarding contact between my daughter and her dad. . .Cafcass have really let me down. . .my ex-partner still abuses me indirectly through our daughter [.] I have raised my concerns again with the management of Cafcass and stated that this must stop whilst also asking them for help” (ocean33). “Cafcass and social services seem to have little or no insight into [domestic violence] and these services in my experience add to the feeling of abuse I and my children still suVer. They are ill resourced and ill informed and should all have specialist staV to deal with [domestic violence]. My ex was stopped from even writing to my elder daughter after a psychiatrist stated he wrote ‘seductive’ letters to her and was like the protagonist in Lolita. However, the Cafcass oYcer did not take this into account and my younger child has had a five year unsupervised relationship with her father. . .Cafcass reports are worthless unless the information put within them is checked. My former husband told lie after lie and the report is still used five years later as if fact because written by a Cafcass oYcer. This should cease. My case was co-worked by two oYcers, the female of which was threatened by my ex husband. Her male colleague who was seen out socially on a Sunday with my ex and admitted that saying he was advising on a legal issue, failed to put into the report he submitted what had happened with his co-worker. I eventually out of frustration tape recorded the woman admitting she had been threatened, and when I oVered this to Cafcass management they reacted angrily telling me I had no grounds for complaint as I had acted in an underhand Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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manner. What the hell is one to do when being told to hand a very young child over to a violent man who has attacked her already for unsupervised contact? Surely the full facts should have been presented to the court?” (anonymous). “Having posted my comments I have now taken the trouble to read remarks posted by others in the last few weeks. I have gone from feeling alone and close to suicide over the danger my five year old daughter faces from her ‘Dad’ who spits in her face and beats his new wife in front of her, to being pretty much over the edge. It is one thing to feel this is just about you, your family, your ex, your kids, your Cafcass oYcer, your social workers, your judge. However to see this repeated again and again from all corners of the country is devastating” (anonymous). “A friend of mine is enduring a similar nightmare, involving a violent and sadistic ex-husband demanding increasing access to their child, the legal system and Cafcass. As with my own experiences, she is finding that no-one is interested in hearing of her (and her child’s) horrific suVering at the hands of this man” (parijata). “At one point [the] Cafcass oYcer was actually writing about another person in one of her reports about me. I asked for a change in Cafcass oYcer and got one with about the same intelligence as the 1st one. All the professionals involved in the residency case knew about that man’s violence, his motive for wanting our daughter (money, control, power), they even had written proof from a psychologist, school statements, police logs from DVU and they made a joint residency order. They actually put her back in the situation that I got us out of. Today, I haven’t seen my daughter for over a year apart from a brief glimpse” (anna). Furthermore, several posters gave examples of instances in which their children had been harmed by abusive parents who had been awarded contact and the subsequent lack of intervention by Cafcass and the courts: “My ex’s visits in the first year were very sporadic, nearly always abusive. Then he decides to stop contact altogether leaving me to explain to my then five year old that I didn’t know where his father was. . .nine months on out of the blue his father wants contact. I want consistency therefore a contact order is drawn up. I have not a problem with visits at this point as my ex showed no signs of being abusive towards him I didn’t feel that I had a right to refuse access. . .this last month my son has informed me of his father grabbing his face so hard that he began to cry my ex also calls me to my son, my son is too scared to say anything back to him—why should he have to defend himself at age eight years? Cafcass are now involved last week we attended a thoughts and feelings [meeting] for my son who said he did not want to see his father who scares him. The judge has ignored this and wants all of us to attend a meeting—dispute resolution. Does this judge have sawdust for brains he isn’t listening” (lauren). “Contact arrangements are misused by men like my ex along with everything else he smacked my toddler so hard it bruised her leg. . .yet the courts and Cafcass said a man had a right to have a relationship with his children and vice versa, well I’m sorry but that man loses his right to be called a father the minute he raises his hand to them or their mother” (louie). “He disregarded the court order to return my child and forced me to return again in another costly application, my child was returned by bailiVs! He then started a vicious, violent campaign of hate against our youngest son, my son informed Cafcass of the severe violence and nothing was done, too much work for the oYcer involved” (anonymous). “He uses the contact order for our son to try and get to me and now that he can no longer get to me directly he has started hurting my son. He bit my son. There have been signs for years with my son and what has been happening but no one wants to know. This time because of the bite the police and social services have got involved but they still seem to [be] lacking. Why does no one listen to children? Why does no one try to protect children from being hurt? All the services involved don’t regard a bite mark as being serious enough evidence” (tidewillturn).

Specialist solutions Some respondents suggested that a solution to problems with contact cases would be to remove the secrecy of family courts, employ more specialised staV or establish specialist family courts, like Family Justice Centres, to deal with child contact cases with domestic violence: “Getting rid of the secrecy of the Family Courts. This is forcing domestic abuse survivors back into the not so loving arms of their abusers. If these courts were not secret, justice would be seen to be done and violent ex partners (or even rapists, as in my case) would not be able to use the courts to stalk their victims” (Skywalker). “I firmly believe we need to open the doors on the Family Court System in order for the general public and media to see what really is going on” (ocean33). “Stop the secrecy first and foremost. Secondly, let’s have specialist judges with deep working knowledge of [domestic violence]. The magistrates courts locally now hold specialist [domestic violence] court hearings, so there should be no reason Family Courts could not follow suit” (anonymous). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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“Creating solid funding streams to develop. . .Family Justice Centres” (10b) “Cafcass and social services. . .should all have specialist staV to deal with [domestic violence]” (pinky).

Strengthening child contact policies in domestic violence cases A considerable number of contributors felt that child contact should not be assumed in domestic violence cases and suggested that they warranted more careful consideration, for example, by assessing risk and limiting unsupervised or overnight contact, particularly where perpetrators had been convicted: “Organisations such as Cafcass should recognize that fathers who allow their children to see him abusing the child’s mother are putting that child at risk of harm and direct contact should not be allowed” (Jane J). “Fathers who have been convicted or there Is evidence that he has abused his partner should not have any direct contact with his children until the necessary risk factors have been considered” (Jane J). “The one thing that fathers who commit domestic violence should lose is over night contact” (anonymous). “It should not be an assumption that a convicted perpetrator should have contact with children at all” (hope through help). “Court systems fail victims of domestic abuse women and children and they are in need of big improvements when it comes to contact arrangements. They shouldn’t view a case of what contact [,] it should be a case of if contact. The children have far more rights to be protected than a perpetrator of domestic abuse” (louie). “They have to forgo contact with their children if they have been convicted of a crime against the other parent of the child. Only supervised contact in special cases should be granted. Children need to be protected and violent and controlling bullies should not have the chance to continue victimising their ex’s or children” (tidewillturn). “I was tracked down by my ex using seek and find orders on myself and my children and battled long and hard with the court system, they forced me to send my children to a supervised contact centre even though their father had never paid them any attention. . .the courts need to recognise [domestic violence] and act now as it’s not only us but our innocent children who are forced to have a relationship with their father that become the victims of this damaging abuse” (louie). “Changes to parental responsibility laws so children can be safe and abusers don’t have a possible way to track down former partners” (Justme). “The attitude of the family courts to male victims must be changed [.] This must include. . .registration of that abuse on the court record to protect children. . .this. . .will give experts a history of violence and whether it is long-term or new. Should it be the former, quite clearly the abuser requires treatment. During this. . .the father could have custody. . .Should she refuse then custody stays with the father. If there is a long-term problem the abuser should be monitored to protect violence to the children” (battletech). One contributor drew attention to practices in family courts in other jurisdictions which could be applied to the UK: “In some states in America and in New Zealand if a parent is violent within the family the court must not grant unsupervised contact or allow the perpetrator residence” (Front line). A Cafcass worker proposed an alternative approach to the consideration of child contact cases: “There should be convictions for domestic abuse that cause the perpetrator to have a status akin to those who are convicted of rape or child abuse eg schedule 1 oVences, that prevent them being able to have contact with any woman or child until full assessments have been completed, which address the likelihood of reoVending, and address their behaviours. It should then be presented to a panel of child care, psychology, [domestic violence] experts to decide whether they can continue a relationship” (female).

Considering the views of children Respondents also felt it was important to consider children’s views more explicitly in contact cases: “The children’s views should be paramount (age and maturity dependent). . .if granted [contact] needs carefully monitoring to prevent using them to further abuse” (hope through help). “Children also, oYcially, on paper, have their rights under the UN Convention, yet they have no say in the proceedings that influence and scar their entire lives” (Lana). “I grew up in a violent household. . .As the oldest child I witnessed many violent out bursts. . .My father wanted contact and so went through the courts, at no stage was I listened to. My sister and I would be interviewed by Cafcass, this was not taken into consideration. We were given the chance Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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to say face to face that we did not want to see our father, to the meeting he brought a pile of gifts, how could I not let her have the toys when I saw how happy she was? Contact was awarded by the court. We went to his parents’ house, some time later I told him we did not want to see him again, we had to be locked in a car for our own safety as he tried to kick his way in. During the court awarded contact he went on to abuse my sister and I, nobody listened to me and he was allowed to continue his reign of terror. My message from this is always listen to what the children have to say. I knew right from wrong, I knew this was a cruel world while other children my age were safe in their family home. I knew the situation and that ‘daddy’ was a bad man, why was my sister and I ignored, only so he could prove my young assessment of the situation right?” (Read me please).

Training and awareness raising in civil and criminal justice

Several contributors felt there was a need to raise awareness and provide training to ensure that magistrates, judges and other court staV, social services, Cafcass and solicitors have a full understanding of causes and eVects of domestic violence and the way in which they experience the court process: “The ongoing and open support of Government and statutory agencies is imperative to changing views and attitudes around domestic violence. People who sit in judgement in Magistrates courts or Crown courts need to have a full understanding of the causes and eVects of domestic abuse including enduring psychological, physical and financial problems faced by survivors and their families” (Reflective). “The family courts, social services, Cafcass, etc need to be aware of the eVect that contact with a violent father has on children. After all, there is enough research out there if they cared to look. How can they possibly justify driving mothers to despair by forcing them to send their children oV, for often unsupervised contact, with violent fathers. Men, who they know will harm their children. Men, who probably have already harmed their children. These agencies simply do not fully understand how an abusive man’s mind works. They need to listen to, and act upon what we, as survivors tell them” (cheeky monkey). “More understanding and action by the courts and Cafcass particularly with regard to seek and find orders, child contact arrangements and parental responsibility” (louie). “Perhaps some judges could be aware of the importance of approaching individuals in a more sensitive manner as many of us do not necessarily want to feel humiliated yet again” (Harrison). “The damage done by some judges is greater than the eVort required to change their behaviour and knowledge. We must try to change this or we accept that any aspirations to equality of treatment and appropriate judgement will remain as aspirations” (tiscali). “I still think that. . .more sensitivity [could] be used whilst in court, dealing with [domestic violence] matters” (lis7901).

8. Perpetrators

A stronger, more coordinated, response

A few respondents raised the importance of preventing serial abuse by developing a better co-ordinated response to perpetrators: “A clear government strategy on. . .how to deal with perpetrators because a number of them will move on to oVend against other women in the future” (Jane J). Some contributors advocated that the criminal justice response against perpetrators be strengthened, in particular for serial abusers, for example by introducing a multi-agency domestic violence register: “Stronger laws against perpetrators” (amosemper). “There should be convictions for domestic abuse that cause the perpetrator to have a status akin to those who are convicted of rape or child abuse eg schedule 1 oVences” (14b) “I would say a status similar to [a] schedule 1 oVence, shared by all professionals. . .by listing on a computer with easy access” (female). However, one poster disagreed and suggested that it would be more constructive to apply a preventative approach: “The recent call by a senior police oYcer for perpetrators of domestic violence to be tracked as in the case of sex oVenders does not help. In my area we have tried to explore proactive approaches to the subject. Surely it is preferable to prevent rather than punish oVenders.” (anonymous). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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Statutory and voluntary sector perpetrator programmes A small number of respondents raised the importance of educating perpetrators to prevent them from continuing to abuse: “The main area still to be tackled is the issue of educating the perpetrators” (claire-health). “There should be a drive to enlist men to talk about [domestic violence] and assist male oVenders and so help change the attitude of men” (anonymous). Some contributors spoke of the value of perpetrator programmes in educating perpetrators: “Having worked. . .in more recent years with perpetrators, I do see the value of working at the individual level also to bring men to a diVerent attitude towards women and themselves, as well as to be more accountable for their violence and controlling behaviours in the context of power relations. Even if it is slow work without good outcomes—we have to keep going and learn to do it better, and get the funding and support to do that” (francois). Respondents felt that provision of voluntary and compulsory perpetrator programmes should be expanded to less serious oVenders and young people, and extended to women and LGBT perpetrators: “Programmes are only available to a certain type of perpetrator—they do not address LGB perpetrators—there is little to address female perpetrators. There is a lack of voluntary programmes and health should be engaged with [these] approaches to challenge aggressive behaviour” (pureland). “Increase provision of anger management programmes and do not restrict them to convicted serious oVenders” (anonymous). “How about running programmes for women—they are needed although statistically they are in a minority” (lorca). One poster focused specifically on the availability of support for perpetrators who want to seek help: “My partner has assaulted me on many occasions but has phoned the local [domestic violence] unit to ask for help. He had no reply and other incidents have followed” (harriann). There was also some concern that the availability of programmes was undermined due to lack of funding: “I have been working on a perpetrators programme that took 18 months to set up and we have only had six months to run a 35 weeks educational programme??? The project helps perpetrators of domestic abuse reflect on their past behaviours, realise that what they have been doing for years is wrong, that the behaviour they learnt from their father (mother?) is wrong. However funding ends at the end of March and the outcomes of the programme have not been achieved. The women I have been supporting are left hanging and the men who were attending the course couldn’t finish it. . .many programmes have the same problem” (Seca). “The perpetrator agenda needs to be looked at closely due to the limited number of perpetrator programmes available in the country and also the significant costs and implications on society due to the number of men who serially abuse their partners” (Jane J). “For the hard core of oVenders there is a fast track already in place which would give them the option of “change your ways or suVer the consequences. For the ordinary people caught up in emotional turmoil, the application of properly funded aid and support would surely have a dramatic eVect” (anonymous). One poster specifically raised concern over funding diYculties for probation programmes and suggested that unless funding issues were resolved the response to perpetrators would continue to be ineVective: “You need to look at what can realistically be applied. Ideas thrown around about programmes for the [perpetrator] are great but with the problems with the probationary service at the moment it’s simply implausible that an eYcient and eVective service would work” (Sarahbelle). Some respondents felt that there was a need for more evidence that perpetrator programmes were eVective and called for better monitoring of providers: “We need to be mindful that perpetrator programmes work, I think that anyone can say that a piece of work is successful—as this leads to more money, what is needed is some long term study into the attitudinal change of the perpetrator not just over the lifetime of the programme or three to six months down the line but a more extensive period of time. As we know with many behavioural change programmes the relapse is high” (lorca). “The people that run these courses get funding by promoting their own success, despite the fact that over and over again [participants] abuse further partners. Independent bodies need to regularly inspect and review the providers of these courses. . .to look closely at their outcomes” (female). “I have worked on cases. . .where male abusers have undergone domestic violence courses and come out of them changed people, only to go on and abuse again” (female). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Although one poster above argued for greater availability of anger management courses, another felt that they are inappropriate for domestic violence: “The success or not of perpetrators [sic] courses depends largely on a willingness to change. Domestic violence is usually not an act of anger, perpetrators often have complete control over their actions and make the choice to abuse, there is no blind rage. I’m aware that in spite of this, sometimes anger management courses are oVered rather than courses which properly address the dynamics of abuse” (nadine).

Alternative approaches to dealing with perpetrators A few participants suggested that whilst domestic violence is unacceptable it should be viewed in the context of relationship breakdown. They suggested that earlier intervention and for dispute resolution to be made available to victims and perpetrators who both want to remain in the relationship but put an end to the violence: “Violence. . .cannot ever be condoned or accepted but it needs to be understood in a relational manner giving support to both parties in a wider context. . .I would recommend a move away from blame, punishment etc to understanding, rehabilitation and reconciliation and to recognise the diVerent strengths of those in relationships to be supported by dispute resolution methods, shared counselling and positive images of survival and healing” (peace). “Surely it is preferable to prevent rather than punish oVenders. Whilst it can be argued that there is a psychological class of individuals that will always be prone to controlling and bullying behaviour—it is also the case that a number of domestic violence oVences are carried out by individuals who for various reasons feel trapped and threatened. In this category we find. . .women frustrated and angered by the relationships they are in. Also, men who are scared regarding the future of their relationships given the insecurity of family breakdown. Whilst none of these ‘symptoms’ are excuses for individuals losing control, by identifying the causes of Domestic Violence we identify the ways of preventing it. By providing help and support for parents experiencing family breakdown, society [ie the state] can greatly reduce the problem” (anonymous). “We need more help in learning dispute resolution methods in an increasingly pressured lifestyle and wider support for those facing related issues of unemployment, alcoholism, bereavement, etc from which violence can be a too easy and diYcult to suppress reaction. In conclusion I would move away from blame, punishment etc to understanding, rehabilitation and reconciliation” (peace). “Organisations such as Relate, Families Need Fathers and Zero Tolerance should be invested in. Evidence should be gathered on what eVect early intervention has and how it can be improved” (anonymous). One poster further suggested that the family and friends of victims should be educated and empowered to confront perpetrators: “Confronting the perpetrator is, understandably, diYcult. Show us how to do it—what to say, how to sustain the pressure. This is important because of the high level of denial among perpetrators and the fact that the majority of cases never get to court. We need to deal with this denial full- on, friends and family probably being the ones most likely to have an impact on the perpetrator” (ksurvives).

Housing perpetrators Emergency accommodation for perpetrators is discussed on Ev 495.

9. Partnerships

Lack of co-ordination of multi-agency responses Several respondents felt that it was important to address the lack of consistency and coordination in support for victims and survivors: “There is also a need for more co-ordination and awareness. There is a need for co-ordination in referrals. At present there is a silo mentality towards delivering services for domestic violence victims, whereas most people need the support of a number of diVerent agencies” (Northampton women). “I have found that for many victims there is a sense of being pushed from pillar to post in relation to various agency intervention at the point upon which they are seeking advice to leave or are at a point of leaving” (natasha7). “Too many agencies all asking the same question can result in confusion and sometimes add to distress” (hope through help). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [O] PPSysB Job: 392023 Unit: PAG4

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One respondent suggested that the lack of a central agency also causes practical diYculties in the movement of information:

“Create a central agency. One of the problems encountered is that victims have to move across counties or regions to escape abuse, and yet their files and support do not move with them” (Yet another battered wife).

Need for a fully funded co-ordinated response

There was significant support from participants for the introduction of coordinated multi-agency and one-stop-shop provision for domestic violence in order to provide holistic support to victims: (20a);

“Comprehensive services must be put in place nationally, oVering transparent medical, legal, social et al support as a matter of course” (anonymous).

“I would like to see a fully funded coordinated response so that the victims are able to access appropriate services including the response of the criminal justice system” (Frances).

“Each Borough or County should have a centre for victims with specialist staV on hand, a first port of call, they can advise and support the victim and refer the victim to relevant agencies” (anonymous).

“I would welcome a lot more inter-agency working” (blackburn).

“What is needed is a comprehensive holistic approach. . .being able to access all agencies together, when needed, is vital” (pinky).

The potential value of local partnership strategies for tackling forced marriage was also highlighted:

“We need to work with community leaders and faith groups as well as women’s groups to locally develop strategies that should fall in line with national set strategies and action plans. In order to do this adequately, funding needs to be identified against these action plans. Like with domestic abuse a lot of energy goes into supporting high risk people. This is obviously important, but a lot of work in strategies for prevention, awareness raising and education and training will support people at the lower and medium risk and also ensure that they do not become high risk due to inadequate support being available” (anonymous).

“Perhaps there should be a multi-disciplinary team consisting of police and social services, including social workers from adult and children’s services” (relative).

According to some respondents, joint guidelines and training were required to support partnership working to ensure consistency and appropriate information sharing:

“The most important thing we can do [is] to ensure all of the basic level services are singing from the same hymn sheet. We need consistency [and] inter-agency guidelines that are fluid and transferable across all of our services. Same with training [multi-agency]. Domestic violence policies should also be created for public sector employees (should they need access to them). If every one had clear regulated guidance and how approaches matched [,] the victim’s needs would be met. At present we have varied approaches [,] diVering training [and] guidance, and our own services views on how it should be managed. Lets get social care, health and local government combined with equality and keep the needs of the victim central” (blackburn).

“From my professional perspective I would welcome a lot more inter-agency working throughout the diVering levels [and] sharing of information to all will enable each and every one of us involved with that family to try and oVer support when safe to do so. Trust and confidence through those key workers will then develop and hopefully when that person is ready as a multi-agency team we could help assess and address the needs and support short[,]medium and long term” (blackburn).

“There is still some confusion about the parameters of confidentiality and data protection issues amongst agencies” (hope through help). Processed: 04-06-2008 23:26:14 Page Layout: COENEW [E] PPSysB Job: 392023 Unit: PAG4

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Some respondents gave examples of areas in which co-ordinated responses had already been developed and the benefits of taking such an approach: “My area is working on developing the coordinated community response model—we have good interagency working and a number of dedicated groups to identify and consider issues—gaps and solutions. Agencies have signed up to an interagency agreement—these include police, probation, victim support, [Crown Prosecution Service] CPS, and [Her Majesty’s Court Service] HMCS” (pureland). “I believe a one stop shop (similar to that of the Sunflower Centre) is a great resource for victims of domestic violence. Although we do not have one in our area, it is my understanding [that] it is an umbrella for all supporting agencies under one roof. . .This style of multi agency working will allow a more co-ordinated response” (Natasha7.) www.sunflowercentre-northern.org “Local authorities now take a multi-agency approach and bring together services to support women and children experiencing violence and abuse, in recognition of its impacts on their health, housing, safety, education etc” (Campaigner). See also section on MARACs, Ev 495–496.

10. Legislative Changes Two posters referred specifically to proposals to raise the age of marriage in order to prevent forced marriage amongst young people. One was in favour of raising the age: “We need to legally raise the age of marriage to 18 in the UK in order to keep young people like this in education, and therefore away from the pressure of marriage until they have matured further” (ict1921). The other felt that this would simply serve to further hide the problem: “The response of parents hell-bent on sending their child abroad would be to send them and keep them [away] until they reach the age when it is possible for them to return” (Fatema). Another suggested that legislation should be developed to ban forced marriage: “As governments like quick and easy wins. . .I’d suggest. . .a law to ban forced marriage” (Campaigner).

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