Seize the Moment to End Domestic Abuse - July 2020 - Rt Hon Theresa May MP, Elizabeth Filkin CBE, Employers ...
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Seize the Moment to End Domestic Abuse July 2020 Rt Hon Theresa May MP, Elizabeth Filkin CBE, Rt Hon Lord Wilson of Culworth, Dr Peter Aitken
Seize the Moment to End Domestic Abuse Foreword This short paper suggests the case for a continuing government-funded campaign to publicise the implications of the forthcoming Domestic Abuse Bill, made urgent by the adverse impact of the COVID-19 outbreak on behaviour and outlines a range of actions that could be taken by government departments today to improve domestic abuse interventions. 1
Seize the Moment to End Domestic Abuse Authors Rt Hon Theresa May MP Theresa May has served as the Member of Parliament for Maidenhead since 1997 and has held several positions within Parliament and Government. In 2010 she was appointed Home Secretary, a position which she held for 6 years before becoming Prime Minister. As Prime Minister, Theresa introduced the Domestic Abuse Bill to Parliament, which builds on measures she introduced as Home Secretary including creating a new offence for controlling and coercive behaviour. Elizabeth Filkin CBE Former Parliamentary Standards Commissioner, Elizabeth has carried major roles in both the private and public sectors. She currently combines chairing the Employers’ Initiative on Domestic Abuse, TecSOS, The Independent Advisory Board, Marston Holdings with a non-executive directorship at Driver Group plc. She also serves on the Vodafone Trust. Rt Hon Lord Wilson of Culworth Nicholas Wilson was a barrister for 25 years and practised exclusively in the field of family law. He was then a High Court judge of the Family Division for 12 years and ultimately a judge of the UK Supreme Court for nine years until his retirement in May 2020. Dr Peter Aitken MRCGP FRCPsych DCH DRCOG FHEA Peter Aitken is Director of Research & Development at Devon Partnership NHS Trust and Hon Associate Professor, University of Exeter Medical School. He is mental health advisor to the National Association of Primary Care, Chair of the Royal National Lifeboat Institute Medical Committee, Trustee at Anthony Nolan and The Lions Barber Collective and a member of the steering group of the Zero Suicide Alliance. He represents the Royal College of Psychiatrists on the Joint Royal Colleges Ambulance Liaison Committee. 2
Seize the Moment to End Domestic Abuse Contents Costs of domestic abuse................................................................................................................... 4 Impact of lockdown on domestic abuse ............................................................................................ 4 Interventions ..................................................................................................................................... 5 Impact of COVID-19 on family justice ............................................................................................... 7 The Domestic Abuse Bill ................................................................................................................... 8 Domestic abuse post COVID-19 ....................................................................................................... 8 Recommendations for the Department for Health and Social Care ................................................... 9 Recommendations for the Home Office .......................................................................................... 10 Recommendations for the Ministry of Justice .................................................................................. 10 Recommendations for the Department for Business, Energy and Industrial Strategy ...................... 10 Recommendations for the Department for Education ...................................................................... 11 Summary ....................................................................................................................................... 11 3
Seize the Moment to End Domestic Abuse 1. Costs of domestic abuse 1.1. Domestic abuse in its various forms kills people and damages lives for generations. Many of its antecedents are well known and well characterised. 1.2. Figures from the Crime Survey of England and Wales show that in the year ending March 2019, 2.4 million people had suffered some form of domestic violence of which 1.6 million were women.1 In 2015 SafeLives reported a figure of 130,000 children living in a home with high risk domestic abuse that is with a significant risk of harm or death.2 1.3. In the ten years prior to the COVID crisis the number of domestic homicides had fallen from 163 in 2008/09 to 129 in 2018/19. The lowest figure during this period was 111 in 2017/18.3 1.4. Domestic abuse also has an economic impact. In 2016/17, in England and Wales, £1.3 billion was spent on dealing with domestic abuse according to Home Office research.4 This represents 10.2% of the policing budget.5 The same research showed that lost output and reduced productivity resulting from domestic abuse cost the country £14 billion. This is in addition to the nearly £50 billion the Home Office estimated was the cost of physical and emotional harm. As a comparison, in 2014 researchers from Lancaster University published ‘Estimating the Costs of Gender Based Violence in the EU’ which used the UK as a case study and estimated costs in 2012 for the UK as being €32.6 billion of which €15.4 billion related to intimate partner violence.6 2. Impact of lockdown on domestic abuse 2.1. There is a complex set of interactions between poor social health, health and mental health all being adversely impacted by the virus directly, the effect of lockdown, compounded by maladaptive coping behaviour in domestic settings with a cumulative risk for escalating domestic abuse. 2.2. In ‘lockdown’ people are not out at work, children are at home, dwellings are overcrowded, aggravating factors increased, coping alternatives restricted and access to reliable help reduced. For many domestic abuse victims, work is their safe place and if required to work from home, they no longer have one. Equally, for the children, school is their safe place and if unable to attend school, they no longer have one and are at greater risk of witnessing abuse or even of being direct victims of it. 2.3. One documented aggravating factor in many domestic abuse cases is alcohol. Finlay and Gilmore explore this and the increase in alcohol consumption during lockdown in a paper published in May 2020. They summarise: “Alcohol is strongly associated with domestic violence, and an early feature in lockdown was a rise in calls to domestic violence charities. It is difficult to gather causal data on alcohol and domestic abuse, and the relationship between alcohol and domestic violence is complex. However, research finds that 25-50% of perpetrators of domestic abuse have been drinking at the time of the assault, and in some studies, this is as high as 73%. Strathclyde Police data 1 Office for National Statistics (2019) ‘Domestic Abuse in England and Wales Overview’. Available from: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/bulletins/domesticabuseinenglandandwalesoverview/november2 019 [accessed 18/06/2020] 2 SafeLives (2015) ‘Getting it right first time: policy report’ Bristol: SafeLives. 3 Office for National Statistics (2020) ‘Appendix tables: homicide in England and Wales’. Available from: www.ons.gov.uk/peoplepopulationandcommunity/crimeandjustice/datasets/appendixtableshomicideinenglandandwales [accessed 05/06/2020] 4 Oliver, R., Alexander, B., Roe, S. & Wlasny, M. (2019) ‘The Economic and Social Costs of Domestic Abuse’ Home Office, research report 107, p.42 5 Home Office (2019) ‘Police Funding for England and Wales 2015-2020’ Available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/815102/police-funding-england-and- wales-2015-to-2020-hosb1019.pdf [accessed 09/06/2020] p.7 6 Walby, S. & Olive, P. (2014) ‘Estimating the costs of gender-based violence in the European Union’, European Institute for Gender Equality, Luxembourg. 4
Seize the Moment to End Domestic Abuse from 2004-12 found that the accused party was under the influence of alcohol in about 60% of police callouts for domestic incidents. The Home Office review in 2016 showed that alcohol was involved in almost half of domestic homicides.”7 2.4. A rapid review of the psychological impact of quarantine measures, published in March, reported ‘negative psychological effects including post-traumatic stress symptoms, confusion, and anger.’ The article stated that stressors include ‘longer quarantine duration, infection fears, frustration, boredom, inadequate supplies, inadequate information, financial loss, and stigma.’ Overall the review suggested the psychological impact of quarantine can be long-lasting.8 2.5. There is a multitude of indications that the COVID situation has exacerbated domestic abuse. Calls to the National Domestic Abuse Helpline, run by Refuge, and visits to its website have risen exponentially during the crisis. Sandra Horley, Refuge’s Chief Executive, said that calls had increased by 66% and visits to the website by a phenomenal 957% in the two weeks prior to 27 May.9 Meanwhile, a helpline for perpetrators of domestic abuse seeking help to change behaviour has also received 25% more calls since lockdown began.10 2.6. The project ‘Counting Dead Women’ has been tracking violence against women during the lockdown period and noted that deaths from domestic abuse between 23 March and 12 April 2020 had more than doubled (to 16 deaths) compared with the average rate in the same period over the previous 10 years (5 deaths).11 2.7. An increase has also been noted in recent police statistics. The Metropolitan Police made an average of nearly 100 arrests each day for domestic abuse between 8 March and 19 April. The number of charges and cautions is 24% higher than in 2019.12 It is also reported that in London alone there were 4000 domestic abuse related arrests between 29 March and 10 May.13 3. Interventions 3.1. For a variety of well understood reasons the subject of domestic abuse remains one that is shrouded in shame, secrecy and subjugation meaning that it can be difficult to offer interventions. 3.2. A series of testimonies published by SafeLives reveal the experience of victims who found it difficult to speak up about the abuse they were suffering. These lay bare the shame, secrecy and subjugation connected with abuse: “I had a safe, loving family but I still never really told them how bad it was for me – and it was very bad. At times my life was at risk.” “When I was with my abuser, the abuse was a kind of a hidden secret. I kept up work and had the kids immaculate, always on time for nursery – to an outsider looking in it looked like I had the perfect life.” “During the period of time I was experiencing domestic abuse at home, I was working as a police officer. I recall a time when a colleague took me to one side and said 'we are all worried about 7 Finlay, I. & Gilmore, I. (2020) ‘Covid-19 and alcohol—a dangerous cocktail.’ BMJ vol 369, issue 8247 8 Brooks, S., Webster, R., Smith, L., et al. (2020) ‘The psychological impact of quarantine and how to reduce it: rapid review of the evidence’ The Lancet, Vol. 395, p.912-920 9 Slack, T. & Newbery, A. (2020) ‘Coronavirus: Domestic abuse website visits up 10-fold, charity says.’ Available from: https://www.bbc.co.uk/news/uk-england-52755109 [accessed 08/06/2020] 10 Townsend, M. (2020) ‘Revealed: surge in domestic violence during Covid-19 crisis.’ Available from: https://www.theguardian.com/society/2020/apr/12/domestic-violence-surges-seven-hundred-per-cent-uk-coronavirus [accessed 08/06/2020] 11 Grierson J. (2020) ‘Domestic abuse killings ‘more than double’ amid covid-19 lockdown.’ Available from: www.theguardian.com/society/2020/apr/15/domestic-abuse-killings-more-than-double-amid-covid-19-lockdown [accessed: 05/06/2020] 12 BBC (2020) ‘Coronavirus: Met Police making 100 domestic violence arrests a day’ Available from: www.bbc.co.uk/news/uk-england- london-52418650 [accessed on 05/06/2020] 13 O’Hagan, E. (2020) ‘The shocking rise in domestic violence sweeping UK as families isolate during the coronavirus pandemic.’ Available from: www.thesun.co.uk/fabulous/11567119/rise-domestic-violence-coronavirus/ [accessed 05/06/2020] 5
Seize the Moment to End Domestic Abuse you, and want you to know if you need help we will help you.' I remember being horrified that my colleagues had been talking about me in this way. You see for me work was where I had a sense of worth, something that I was good at, that he couldn’t spoil. I recall immediately saying I was ok and that they needn’t worry. Up until then I thought I was doing a great job covering up injuries and making excuses for them. It was such a shock that other people knew.” “…there’s no way I would have even framed what I was going through as abuse – it had become my ‘normal’ so gradually. The chances of me reaching out for help or support would be zero unless things escalated to physical abuse, and maybe not even then. I wouldn’t have talked to my parents about it as I wouldn’t want to worry them.”14 3.3. There are known interventions effective in primary prevention, stopping it happening; secondary prevention, minimising the risk from it; and tertiary prevention, victim support and dealing with the perpetrator. 3.4. During the COVID-19 crisis the Government has recognised the need to provide extra support for the victims of domestic abuse through funding and advertising campaigns with initiatives like “You’re not alone”. The Metropolitan Police and the NSPCC have understood the risks posed by the lockdown and provided targeted campaigns, including in supermarkets, to provide victims with information about how to report abuse and gain access to safe spaces. 3.5. On 21 May 2020 the Prime Minister hosted a summit entitled Hidden Harms. It is now the subject of a policy paper dated 26 June in which, in striking terms, the government declared that the protection of all those at risk of abuse was its “absolute priority” and in which individual departments proceeded to make a variety of commitments in that regard.15 We look forward to seeing early and continuing action on this. 3.6. Many employers have been innovative in offering support to employees facing domestic abuse during the lockdown. For example, Lloyds Banking Group has informed staff that if they need to leave home, it will arrange hotel accommodation and help them move. Lloyds is also partnering with Surviving Economic Abuse in supporting employees.16 Chelsea Football Club are supporting Refuge. Boots, Morrisons and pharmacies are providing safe spaces in their shops for customers facing domestic abuse to gain access to domestic abuse services. The Government is also looking at the role of employers and on 9th June announced a review of the support which employers provide to victims of domestic abuse within their workforce and whether it can be strengthened.17 3.7. Some police forces have actively taken steps to provide extra support to the victims of domestic abuse during the COVID crisis. Thames Valley Police created a Vulnerability Task Force during lockdown which focussed on historic victims of domestic abuse who may have been unable to report due to COVID-19 restrictions. From the beginning of lockdown to 5 June they had over 1500 contacts with victims, many in person, reassuring themselves that the victims were safe and free from abuse. The feedback from these contacts has been extremely positive. 3.8. Domestic Abuse charities have also adapted their priorities and messaging during the COVID- 19 outbreak. One welcome example of this is the Reach In campaign by SafeLives which acknowledges the role of individual citizens and encourages relatives and friends to offer support and understanding to those who may be suffering from abuse. 14 SafeLives (2020) ‘Policy Blog’ Available from: https://safelives.org.uk/policyblog [accessed 18/06/2020] 15 UK Government (2020) ‘Prime Minister’s Virtual Summit on Hidden Harms’. Available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/895996/CO_HH_Summit_Report_2606 20.pdf [accessed 29/06/2020] 16 Lloyds Banking Group (2020) ‘Supporting victims of domestic and financial abuse.’ Available from: www.lloydsbankinggroup.com/our- purpose/helping-people/supporting-victims-of-domestic-and-financial-abuse [accessed 08/06/2020] 17 UK Government (2020) ‘Government to review support in the workplace for survivors of domestic abuse.’ Available from: https://www.gov.uk/government/news/government-to-review-support-in-the-workplace-for-survivors-of-domestic-abuse [accessed 10/06/2020] 6
Seize the Moment to End Domestic Abuse 3.9. Although these are welcome interventions which have arisen from the COVID outbreak, interventions are not reaching every community across the UK. For example, a joint statement, signed by leading figures from a range of faith-based domestic abuse charities, said women in faith and black and minority ethnic (BME) communities stay with abusive partners for longer than women in the wider population and are less likely to access support.18 This is compounded when perpetrators can threaten their partner over their immigration status. Specialist services which are more sensitive to these situations need to be supported and developed. 3.10. Early intervention is key and it is therefore welcome that the Department for Education is introducing compulsory Relationships Education for primary pupils and Relationships and Sex Education (RSE) for secondary pupils from September 2020.19 These lessons will include teaching on what healthy and unhealthy relationships look like.20 A report on the effectiveness of Personal, Social, Health and Economic education (PSHE) in 2017 showed that when taught well, PSHE “helps keep children and young people safe, mentally and physically healthy and prepared for life”.21 3.11. Another instrument for reaching victims is through the health service. A resource by the Department for Health in 2017 stated that “health practitioners are in a key position to identify domestic abuse and to initiate support and safety for victims. A study of 2,500 women accessing domestic abuse services showed that prior to receiving specialist help, just under half had attended a GP an average of 5.3 times and one in five had attended A&E as a result of the abuse.”22 Multiple health visits before a victim is identified and accesses support highlight the failure of health services to recognise the signs of domestic abuse. In March 2020, Queen Mary University with Bristol Medical School published a study in the BMC Medicine Journal on the impact of GP training in identifying domestic abuse cases. It found that GP practices are much more likely to spot signs of domestic abuse and refer patients after receiving in-depth training. The study observed 144 London GP practices with IRIS (Identification and Referral to Improve Safety) training over four years and found that domestic violence and abuse referrals increased as much as 30-fold.23 Expanding training across the UK would help reach more victims earlier. 4. Impact of COVID-19 on family justice 4.1. The measures necessary to combat COVID-19 have not only caused an increase in domestic abuse but a rapid change to the family court system; affecting its ability both to protect the victim and to deal with the perpetrator. 4.2. The restrictions imposed by Government have caused a new but untested reliance on technology in the family justice system. These changes have impacted a victim’s access to justice and raise many questions, for example, can a victim find a solicitor online, can their solicitor secure legal aid quickly enough, can the victim present their injuries to a doctor to obtain evidence and who will look after any children during a video hearing. 4.3. These technological concerns also extend into the court system with issues including, how is a perpetrator to be served with application, do all involved have access to the necessary 18 Oppenheim, M. (2020) ‘Women suffering ‘domestic and spiritual abuse’ in lockdown, religious leaders warn.’ Available from: www.independent.co.uk/news/uk/home-news/coronavirus-domestic-abuse-religious-leaders-spiritual-faith-bme-a9533016.html [accessed 08/06/2020] 19 UK Government (2019) ‘Relationships education, relationships and sex education (RSE) and health education: FAQs.’ Available from: www.gov.uk/government/news/relationships-education-relationships-and-sex-education-rse-and-health-education-faqs [accessed 09/06/2020] 20 UK Government (2019) ‘Relationships, sex and health education: guides for parents.’ Available from: www.gov.uk/government/publications/relationships-sex-and-health-education-guides-for-schools [accessed 09/06/2020] 21 PSHE Association (2017) ‘PHSE: A Curriculum for Life’. Available from: www.pshe-association.org.uk/curriculum-and- resources/resources/curriculum-life-case-statutory-pshe-education [accessed 05/06/2020] 22 Department of Health (2017) ‘Responding to domestic abuse: A resource for health professionals’ Available from: www.assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/597435/DometicAbuseGuidance.pdf [accessed 08/06/2020] p.30 23 Sohal, A., Feder, G., Boomla, K., et al. (2020) ‘Improving the healthcare response to domestic violence and abuse in UK primary care: interrupted time series evaluation of a system-level training and support programme.’ BMC Medicine vol.18 article 48 7
Seize the Moment to End Domestic Abuse technology for the hearing, will judges be provided with both the necessary screens, can the advocate take instructions during the hearing and give necessary advice and support, can the judge confidently determine truth between conflicting accounts given online or by telephone, how is the perpetrator to be served with the order and how is service of it to be proved. 4.4. A rapid consultation run by Nuffield Family Justice Observatory noted concerns on how domestic abuse cases are being dealt with including the lack of specific protocols and the management of remote hearings.24 5. The Domestic Abuse Bill 5.1. The passage of the Domestic Abuse Bill presents an opportunity for policymakers and lawmakers to work across government to produce publicity for the Bill and its benefits such that the public understand its importance and its consequence for them. 5.2. For the first time the Bill sets out a cross-government definition of domestic abuse which makes clear that abuse can be of various types, not just physical violence. It also covers economic abuse, controlling or coercive behaviour, and psychological, emotional or other abuse.25 It is important to highlight for those who may be victims the wide definition of domestic abuse, so that they can recognise that what they are suffering is domestic abuse, which is a crime and for which they have civil remedies. It is also important that public authorities, in particular the police, should become accustomed to the wider concept and act accordingly.26 5.3. The Bill also contains several new measures for dealing with perpetrators and protecting victims, for example, the Domestic Abuse Protection Order (DAPO). This order is particularly significant as it can be obtained by third parties not just by the victim. It is important that this is highlighted so that perpetrators are aware that the power to stop their activity does not just lie in the hands of their victim. Such a measure can also give confidence to victims to report domestic abuse if they feel that a third party can take an action on their behalf. 5.4. Other key features of the Bill include the introduction of a Domestic Abuse Commissioner to monitor the response to abuse by public authorities, stronger police protection notices, court powers to appoint an advocate to cross-examine on behalf of the alleged perpetrator and an obligation on local authorities to co-ordinate local victim support. 5.5. There will be issues arising from the Bill which need further consideration. For example, it is likely to be preferable, particularly if children are present, that the perpetrator should leave the home pursuant to a DAPO rather than that the children and the victim should leave the home even temporarily. It will also be vital for the Commissioner to be able to monitor the ability of victims to present applications to courts swiftly, in particular to obtain legal aid in order to do so, and to enforce orders effectively; and for the government swiftly to remedy any deficits in this regard. 6. Domestic abuse post COVID-19 6.1. Domestic abuse has risen during lockdown but it did not originate in lockdown and the actions taken during this period will need to continue beyond lockdown. Support for victims is needed all year round, year in and year out. 6.2. The malign effects of the virus on the level of domestic abuse and on the ability to be rescued from it have had one constructive consequence: they have raised the public awareness of the 24 Ryan, M., Harker, L. & Rothera, S. (2020) ‘Remote hearings in the family justice system: a rapid consultation.’ Available from: https://www.nuffieldfjo.org.uk/resource/remote-hearings-rapid-consultation [accessed 08/06/2020] 25 Parliament (2020) ‘Domestic Abuse Bill’ Available from: https://services.parliament.uk/bills/2019-21/domesticabuse.html [accessed 05/06/2020] 26 Challen, D. (2020) ‘A chance to halt coercive control.’ Available from: https://www.theguardian.com/society/2020/jun/07/coercive- control-sally-challen-domestic-abuse-bill [accessed10/06/2020] 8
Seize the Moment to End Domestic Abuse plight of those currently suffering abuse. For example, the documentary on Channel 5 aired on 13 May “How to leave an abusive partner safely in lockdown”. 6.3. It is vital for government to capitalise on the stronger profile of the evil of domestic abuse in the context of COVID-19 and not to allow it to fade when the effect of the virus on everyday lives lessens. 6.4. The enactment of the Bill will be an ideal vehicle for sustaining the narrative that abuse should not be tolerated and that mechanisms are at last in place which, if accessed, will rescue victims from it. 6.5. The key messages now should be: “you are not alone”, “this is not your fault” and “with help, you really can escape it.” Once the Act is in place the messages should be expanded to show how the new Act will support victims, how the new Act will affect perpetrators and how the new Act will support action on domestic abuse. 6.6. Rescuing such victims at an early stage is, even when regarded only through the prism of the economic interests of the state, much more beneficial than when it has to address the consequences of longer-term abuse. 6.7. Whilst the Home Office and Ministry of Justice have had a long term involvement in domestic abuse policy, there is an opportunity to involve the Department of Health and Social Care more fully, to make sure that all health and social care agencies and their agents can be aware of the issue, their responsibilities and what they can do. 6.8. Our key recommendation therefore is that there should be a continuing government publicity campaign to make the public aware of the aims of the Domestic Abuse Bill and make its consequences clear to current or potential perpetrators and victims. 6.9. The following sections set out other recommended actions for Government Departments. Taken as a whole, they would represent a significant cross-government commitment to dealing with domestic abuse. 7. Recommendations for the Department of Health and Social Care (DHSC) 7.1. NHS England has committed to producing a 4-year plan.27 DHSC should consider specifically including Domestic Abuse in the NHS Mandate and require contributory action to prevent the emotional trauma on generations to come manifest in the form of depression, anxiety, addictions, complex post-traumatic stress disorder, personality disorder or suicide and address the role of alcohol in domestic violence. 7.2. The NHS in England should contribute to the Department of Business, Energy and Industrial Strategy open consultation on support in the workplace for victims of domestic abuse. All NHS organisations should be required to join the Employers Initiative on Domestic Abuse. 7.3. Health Education England should be commissioned to develop specific competencies recognising Domestic Abuse and knowing what to do for all health professionals, building on the success of general training in Safeguarding. 7.4. DHSC might review that whilst the move to the digital environment is broadening access to health and mental health interventions for the general population, concerns about ‘track and trace’ and information security, specifically in regard to identity and place, may be a barrier to victims of domestic abuse seeking help. NHS England (n.d.) ‘Workstreams: Domestic abuse and violence bill.’ Available from: 27 www.england.nhs.uk/safeguarding/workstreams/domestic-abuse-and-violence-bill/ [accessed 11/06/2020] 9
Seize the Moment to End Domestic Abuse 8. Recommendations for the Home Office 8.1. The Home Office should lead a cross-government campaign on the Domestic Abuse Bill. 8.2. The Home Office should repeat previous campaigns to show young people what a good relationship is and make clear when a relationship is abusive. 8.3. The Home Office should ensure that the College of Policing is providing state of the art training to police officers on dealing with domestic abuse, including the implications of the Domestic Abuse Bill; and that each police force as an employer is aware of their duty of care to officers in the force who may be victims of domestic abuse, or perpetrators. All Police Forces should be required to join the Employers Initiative on Domestic Abuse (EIDA). The rigour and transparency with which a force addresses perpetrators and supports victims in its own ranks can colour how they handle members of the public. 8.4. Work which began during lockdown with supermarkets, chemists and police stations should continue post lockdown. 8.5. A new codeword scheme proposed for use in shops announced on 21st May and the code number for use on the telephone should continue to be publicised post lockdown. 9. Recommendations for the Ministry of Justice 9.1. The Ministry should work with the Home Office to consider how best to communicate the implications contained in the Bill for the victims and perpetrators of domestic abuse. 9.2. The Ministry should work with the judiciary and front-line court staff to ensure full training is available on the implications of the Bill. 9.3. The Ministry should regularly review the operation of domestic abuse cases in court to ensure they are being handled appropriately so as in particular to recognise the problems faced by victims in giving evidence while ensuring justice for all parties. In particular, we welcome the Ministry’s recently declared determination to explore whether, when a court rules on an application for an order for contact with a child, it gives appropriate weight to evidence of domestic abuse inflicted by the applicant upon the respondent and how such proceedings might be conducted less adversarially.28 9.4. The Ministry should, with the help of the judiciary and perhaps also of the association of family lawyers known as Resolution, look at the capacity to identify false claims in domestic abuse cases made by victims and perpetrators as false claims by either party can be part of the cycle of abuse. This has implications for access to legal aid. At present legal aid is available in principle for those who allege it but not for those who deny it and who therefore lack the benefit of representation or even of legal advice. 10. Recommendations for the Department for Business, Energy & Industrial Strategy (BEIS) 10.1. We applaud the Minister’s announcement on 9 June that, in conjunction with the Home Office, BEIS will conduct a review of the support which employers provide to victims of domestic abuse within their workforce and whether it can be strengthened. We urge the Government promptly to implement the recommendations in the review which we hope will include encouragement to all employers to join EIDA.29 28 Ministry of Justice (2020) ‘Assessing Risk of Harm to Children and Parents in Private Law Children Cases.’ Available from: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/895173/assessing-risk-harm-children- parents-pl-childrens-cases-report_.pdf [accessed on 29/06/2020] 29 UK Government (2020) ‘Government to review support in the workplace for survivors of domestic abuse.’ Available from: https://www.gov.uk/government/news/government-to-review-support-in-the-workplace-for-survivors-of-domestic-abuse [accessed 10/06/2020] 10
Seize the Moment to End Domestic Abuse 11. Recommendations for the Department for Education 11.1. The Department should ensure the successful implementation of compulsory Relationships Education for primary pupils and Relationships and Sex Education (RSE) for secondary pupils from September 2020. This teaching will prepare pupils to recognise unhealthy relationships and make clear that support is available for victims. 11.2. The Department should ensure there are staff competencies in all educational settings to identify where those attending may be living in a household where there is domestic abuse. 12. Summary 12.1. In the context of the passage of the Domestic Abuse Bill we are making cross government recommendations for the Department of Health and Social Care, the Home Office, the Ministry of Justice, the Department for Business, Energy and Industrial Strategy and the Department of Education on actions they might take to build on the success of their work to date. 12.2. We believe there should be cross party and cross government support for a well-constructed and funded publicity campaign to bring the Domestic Abuse Bill and its consequences into the public mind and strengthen the position of public health, mental health services and the wider health service in its detection and management. 12.3. Government should not lose the impressive momentum it has generated from action taken during the COVID-19 pandemic. 11
© 2020 Rt Hon Theresa May MP, Elizabeth Filkin CBE, Rt Hon Lord Wilson of Culworth and Dr Peter Aitken Published by The Office of Theresa May Ltd. Please direct any enquiries regarding this paper to info@theresamayoffice.com.
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