Baroness Stroud:

Moved by Baroness Stroud

7: Clause 3, page 3, line 3, after “abuse,” insert “including in utero exposure,”

My Lords, I rise to speak to Amendment 7 and the corresponding group in my name. I thank the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their support for these amendments.

I also thank my noble friend the Minister for her time since we last debated these amendments in Committee. As we spoke, I was encouraged by her deep commitment to ensure that the Bill provides protection for all children—whether they be in utero, newly born or on the cusp of adulthood. I am hopeful today to receive assurance that guidance will protect these children. I thank all noble Lords who offered their support and feedback on our initial amendments as we worked towards finding a nuanced pathway that would ensure that the Bill does in fact protect all children but does not open up a legal minefield.

Why are these amendments needed? We know that around 30% of domestic abuse begins during pregnancy, while 40% to 60% of women experiencing domestic abuse are abused during pregnancy. These are horrific statistics. Alongside this, we know that the first 1,001 days, from conception to age two, is a period of uniquely rapid development when babies are particularly susceptible to their environment, so here we see high vulnerability to abuse and violence coupled with essential days for child development colliding and creating a unique environment that needs protection.

Domestic abuse in pregnancy is associated with poor obstetric outcomes, including low birth weight and preterm birth. A mother’s emotional state can have a direct influence on foetal development by altering the environment in the womb, and ongoing stressors such as domestic abuse can disrupt babies neuro-development. This can affect children’s cognitive functioning and emotional regulation, shaping behavioural and emotional outcomes for years to come. We also know that the sad truth is that the single best predictor of children becoming either perpetrators or victims of domestic violence later in life is whether they grew up in a home where there was domestic violence. These amendments seek to break this cycle and allow for early Intervention, which can have life-changing outcomes for victims.

So what needs to happen and what can these amendments do? The amendment to Clause 3 would ensure that professionals take in utero exposure into account when identifying children as victims of domestic abuse. The amendment to Clause 7 relates to the general functions of the commissioner and would ensure that identifying children affected by domestic abuse also includes babies in utero. The addition of a new clause after Clause 72 would require the Secretary of State to

“make provision for publicly-funded traumainformed and attachment-focussed therapeutic work to be made available to all expectant parents and parents of children aged under two years old where those children are victims of or otherwise affected by domestic abuse.”

The amendment to Clause 73 would require the Secretary of State to issue guidance on the effects of domestic abuse on babies who were in utero at the time of the abuse and on babies and young children under the age of two.

These amendments and what they represent are crucial. As the Bill stands, there is a requirement that the commissioner must “encourage good practice” in identifying people who carry out domestic abuse, victims of domestic abuse and children affected by domestic abuse. My amendment would mean that encouraging good practice in identifying children affected by domestic abuse must include the unborn child by reaching out to pregnant women to offer support relating to domestic abuse, and by being alert to the need to offer support and safeguarding to the child post birth if necessary.

The addition of a new clause focused on trauma-informed support is about access to support for parents. The Bill will be ineffective if there is no provision for people to get the help they want and need. This is a once-in-a-generation opportunity to deliver a step change in our response to domestic abuse. The reality is that the vast Majority of victims—an estimated 70%—never set foot in a refuge and remain at home or in alternative housing. It is therefore essential that they have access to support that can actually change behaviour.

An evaluation of the For Baby’s Sake programme, which provides trauma-informed and attachment-focused therapeutic support for parents, led by King’s College London, found that support at this time can harness parents’ motivation and empower them to make changes for their babies and themselves. A SafeLives report highlights that 80% of victims have told us that they think that interventions for perpetrators are a good idea. A main conclusion from Breaking Down the Barriers, the findings of the National Commission on Domestic and Sexual Violence and Multiple Disadvantage, was the call from survivors for trauma-informed support to break traumatic cycles. It is essential that we make this provision.

As the Bill stands, there is a requirement that the Secretary of State issues guidance about the effects of domestic abuse on children. The amendment to Clause 73 would ensure that the unborn child is included in that guidance to make sure that they are visible.

The protections that would be created by these amendments are needed because we know that the first 1,001 days of a child’s life are an opportune time for intervention and the best time for breaking the cycle. Pregnancy and childbirth are major milestones in the lives of many mothers and fathers and a time when there is the most motivation to change.

Although this is not a gendered issue, the Institute of Psychiatry, Psychology and Neuroscience at King’s College London, in conjunction with For Baby’s Sake, found that intervening in the perinatal period may prevent early childhood trauma and its consequences. New fatherhood is a motivator for change in men who use violence in their relationships. Therefore, intervening in the perinatal period and including a focus on parenting may improve engagement in programmes to reduce violence.

There is much that is good in this Bill and much that we can be proud of that has already been done to increase the protections for many. However, we have an opportunity to go just that bit further and to be crystal clear that it is our intention to protect all children, including those aged under two and during pregnancy. It is essential that we get this right. I understand that legislation may not be required to achieve this goal and hope to receive assurances from my noble friend the Minister of what may be achieved through guidance. I beg to move.

My Lords, I am grateful to the noble Baroness, Lady Stroud, for leading on this important aspect of domestic abuse, clearly laying out the high incidence of abuse when a woman is pregnant and the many harms associated with it. I declare that I chair the Commission on Alcohol Harm. Some 25% to 50% of domestic abuse offences are fuelled by alcohol. The Good Childhood Report in 2017 found that 39% of children living with a parent or carer with problematic alcohol use were also living in households where there had been domestic violence in the past five years. That is almost three times the comparable rate in the rest of the sample.

Foetal alcohol spectrum disorder—FASD—describes the permanent impact on the brains and bodies of individuals prenatally exposed to alcohol. This can result in physical, emotional, behavioural and neurological characteristics that are all related to prenatal—interuterine—exposure to alcohol. At least 7,000 babies are born every year in the UK with FASD, although recent research suggests that the true incidence may be sixfold to 17-fold higher. Misdiagnosis as attachment disorders or autism is frequent.

Alcohol is a teratogen which can cause any type of physical malformation and learning and behavioural challenges. These children often need support with motor skills, physical health, learning, memory, attention, emotional regulation and social skills as well as the management of any congenital abnormalities. More than 70% of children with FASD are known to care services, often raised by foster or adoptive parents or kinship carers. The true cost of abuse is paid by the child lifelong and by society, not by the abuser.

This condition is preventable only when there is no prenatal alcohol exposure. That is why, in 2016, the Chief Medical Officer recommended that no alcohol be consumed in pregnancy and when planning one. After birth, the abuse of alcohol is associated with parental neglect and ongoing abuse in the home. When I was a GP, I worked with Strathclyde on the medical screening of children at the time of admission to care. Many of these children had been damaged before their lives had started and were further damaged from day one.

We know that, during the pandemic, domestic abuse has increased and domestic alcohol consumption has increased. Are we sitting on another epidemic that is about to emerge—that of FASD in a generation who are soon to be born? We cannot protect from FASD those who have already been born, but we can lessen the chance of further damage and protect those who come after them. That is the aim of these amendments.

The noble Baroness, Lady Eaton, has withdrawn, so I call the noble Lord, Lord McColl.

My Lords, I will speak to Amendments 7, 8, 9, 78 and 90, which I support. Naming babies and the unborn in the Bill should lead parents to get the help that they need at a crucial time; otherwise they are in danger of remaining invisible when it comes to public policy. In the lockdown, as has been said, the hidden harms experienced by those under two years were sadly extensive. It should be stated that the definition of children does not recognise the unborn as victims. The Amendment to Clause 3 is necessary to have in the Bill that a victim of domestic abuse includes a child who experiences the effects of the abuse, including in utero exposure, as there is good evidence for this latter harm, as the noble Baroness, Lady Stroud, mentioned. The amendment to Clause 7 is important to stipulate comprehensively the duties of the commissioner to avoid any doubt whatever. The new clause after Clause 72 is required to ensure provision for all expectant parents and parents of children under two years where those children are victims of domestic abuse.

My Lords, I thank the noble Baroness, Lady Stroud, for leading on these amendments, with the aim of highlighting the impact of domestic abuse on babies, including exposure in utero, and to meet the needs of babies and parents in the first 1,001 days before babies reach the age of two. We know that domestic abuse often starts or escalates during or soon after pregnancy and that it is correlated with other risk factors for babies and their families. Domestic abuse during pregnancy is associated with poor obstetric outcomes and is a strong risk factor for ante-natal and post-natal depression. We now know that a mother’s emotional state can have a direct influence on foetal development. I remember being shocked the first time that I saw the brain scans of such children, only visible to us as researchers in the last 20 years. The ongoing stress of domestic abuse can disrupt babies’ neurodevelopment, which in turn can adversely affect behaviours and emotional outcomes.

My noble friend Lady Finlay has outlined the issues relating to alcohol and domestic abuse so ably that I will not repeat her arguments, but I declare my support for her analysis. Early Intervention is crucial for babies born into such circumstances, to support and work with families to break traumatic development cycles. The Institute of Health Visiting is strongly supportive of these amendments, to safeguard against, prevent and address the traumatic impact of domestic abuse on babies.

My noble friend Lord Bird often reminds us that investment of the public pound early in any abused child’s development is a far better investment than significant input in later life. These amendments are designed to address what has been described as the “baby blind spot”. I urge the Minister to seriously consider these amendments and support their incorporation into the Bill. They are designed to safeguard the early development of all babies and to provide therapeutic intervention to empower parents who have experienced abuse themselves to break the cycles of domestic abuse, surely something that we would all support.

My Lords, I support Amendments 7, 8 and 9, tabled by my noble friend Lady Stroud. Why? Because unborn children and small babies are as much at risk of domestic abuse as any other child, yet they have been largely excluded from this Bill. There seems to be no specific reference to them.

A very recent research paper published by the First 1001 Days Movement highlighted the fact that there are “baby blind-spots” in policy, planning and funding, where protections for children often do not work for babies. As my noble friend Lady Stroud mentioned, 30% of domestic abuse cases begin during pregnancy. That is a big number, but it is hardly surprising.

The prospect of having a child radically changes the dynamic in a relationship. The partner is suddenly faced with new responsibilities, both financial and emotional. Maybe the pregnancy was never discussed and comes as a complete surprise. The partner may feel duped or resentful, trapped in a relationship he never intended.

As we have heard throughout these debates, domestic abuse can take many forms. But just imagine how it feels when, at your weakest and most vulnerable point—which is how most women feel when pregnant—you are confronted by a partner intent on abusing you. When I was pregnant with my sons, I remember worrying that somebody would bump into me on the tube or I would fall and somehow injure that little being growing inside of me. I used to walk with my arms in front of me, shielding my stomach and my unborn child; it is a mother’s natural instinct. Imagine how frightened and helpless a mother must feel if her partner is a constant threat, not only to her but to her baby.

I remember my mother telling me when I was pregnant that I should only read happy stories, watch cheerful movies and listen to soft music. She strongly believed that the child absorbed everything its mother experienced and that this would affect the child’s development. Today it is an established fact that a baby’s development is as much affected by the mother’s emotional state as by what she eats and drinks, as we heard earlier.

As the First 1001 Days Movement attests, these are decisive moments in the life of a baby. Emotional abuse of the mother can damage the mental or physical health of the child, while physical or sexual abuse can lead to miscarriage. These soon-to-be-born human beings cannot be consigned to the category of “out of sight, out of mind”. If this is to be a piece of landmark legislation, our duty is that much greater to ensure that it recognises babies, the very young and the unborn. That is why I support the Amendment.

My Lords, I support all the amendments in this group. I declare my interests as an officer of the All-Party Parliamentary Group for Conception to Age Two, and, like the noble Baroness, Lady Stroud, I have the privilege of being a member of Andrea Leadsom’s taskforce. We will be producing our findings imminently. I did not speak in Committee because, frankly, I thought I would leave it to people who know rather more about it than myself, including many contributors who have given birth. While I am capable of many things, that is one thing I am not capable of.

I studied the Minister’s answer in Committee very carefully and was not hugely impressed, so I was intending to stand up this afternoon and be slightly critical. However, I have had a quiet word beforehand with the noble Baroness, Lady Stroud, and in the Chamber one has a great advantage: I was able to see the body language of the Minister when the noble Baroness, Lady Stroud, was making some comments, and it was extremely positive. I do not think those of us in the virtual world can see that—one of the benefits and privileges of being in the Chamber. Having studied the answer very carefully, I thought that what came out of it was something that concerns me and is worth flagging up.

The Minister tried to reassure us that all children will benefit from the Bill and that new guidance, which may be issued by the Secretary of State—it does not have to be—will cover all children, including those in utero. She then talked about the existing guidance which has been in place for some time. The Working Together to Safeguard Children initiative makes it clear that local authorities must have protocols in place to assess the needs of children in utero. She also specifically mentioned Section 47 inquiries under the Children Act 2004, which allow for a child protection conference if there are concerns for an unborn child.

I decided to do a bit of investigation as to how well the existing guidelines have been working. As we have heard, and many people have said, 30% of domestic abuse begins during pregnancy. In 2018 the Children’s Commissioner produced her report, A Crying Shame, which indicated that there were 8,300 babies under the age of one living in problem households. As a follow-on from that, there was an estimate that over 30,000 children under the age of five live in high-risk households but are not on child protection plans, including 3,300 babies under the age of one. That is indeed a baby blind spot.

The existing guidance, which has been on the statute book or in guidance for several years, clearly is not protecting all the children and babies in utero that it is designed to protect. We have to learn from this. I am hoping and anticipating that what the Minister says will be very positive; I take it from some of the allusions to what she may say that it will reinforce and put in place much clearer guidance.

The Minister and I have spoken on many occasions about the importance of accurate data to inform good decisions and to identify best practice, and I ask that we learn from the fact that the current guidance and Laws are not working as they are intended to. As we move into the next phase, with, I hope, reinforced guidance, I hope that we look back at what has not been, and is not, working with the current guidance and, with the help of the domestic abuse commissioner, ensure that this time we do a great deal better. On that optimistic note, I will sit down.

My Lords, I speak to the amendments in the name of my noble friend Lady Stroud, because I fully support the essence of what she is trying to do.

This is supposed to be a landmark Bill and hopefully by the end of all the proceedings we will have one. But there are still some gaps within it, which a lot of noble Lords have already spoken about; I do not want to duplicate what they have said in the interest of time.

Many people I have seen, including domestic abuse survivors and their families, have talked about pregnancy and what happens when they are in a domestic abuse environment. It seems shameful, in a sense, to be talking about the unborn child in a way that has to justify a life that is going to be born, which we all wish was going to be in a healthy, happy environment.

For any relationship, having children is a very pressurised situation—it is the unknown. To be in a relationship and to be pregnant where there is more and more domestic abuse must be even more horrendous for a mother, taking each blow and each verbal insult. The unborn baby does hear what is going on in its surroundings. As my noble friend Lady Meyer has already mentioned, playing music to an unborn baby has an impact when the baby is born, so we have to understand what that child is listening to before it is born.

I am very grateful for the For Baby’s Sake briefing, The First 1001 Days, to which a number of noble Lords have referred. I hope that the Minister will reflect again. The noble Baroness, Lady Stroud, suggested looking at the guidance. As a former Victims’ Commissioner, I struggle with guidance, because it impacts on the delivery of a good service to protect the unborn child and its future life.

Exposure to domestic abuse in the first 1,001 days of life is associated with adverse outcomes, including poor mental and physical health, lower academic achievement and impaired social development. Although we know that this is a significant risk to the safeguarding of a child, we seem to wait and address the root cause only when they go into criminality. If these amendments are agreed or if we can have functional guidance, that young person will have a better, more protective and healthier environment, and at a lower cost to the state.

Domestic abuse can affect a parent’s ability to provide consistent, sensitive caregiving. It is particularly relevant for parents who themselves did not receive this level of caregiving. In fact, I am concerned that we are not seeing enough health visitors visiting families who so desperately need help and support once the baby is born. What is happening before that baby is born?

I will pose a scenario that was in one of the reports. There is a baby blind spot in what we are trying to do for the unborn child and, previously, to help the parents. Being a baby or a toddler was a lockdown risk factor in its own terms. Those who were exposed to other risk factors in addition could be considered as being subject to Double Jeopardy.

I am not sure there has been any thinking about the baby’s needs. As the report highlighted, we hear a lot about school age children—thankfully, today marks the first day of them going back to some kind of pattern—and parents working from home. But it is so sad that little has been said about babies’ needs. That is a quote from a practitioner. Families will be going out today, hoping to function and to create a safe environment.

So will the Minister please reflect and look at this to ensure that we have rigorous guidance, that we close the gaps and that we listen to the Children’s Commissioner and the domestic abuse commissioner? Let us make this a landmark Bill to protect both adults and the unborn child, so that we can create a healthy environment in which they can go on to lead healthier lives.

The noble Lord, Lord Cormack, has withdrawn, so I call the noble Baroness, Lady Hollins.

My Lords, the noble Baroness, Lady Stroud, has summarised some of the extensive research which associates abuse—including emotional abuse—of mothers during pregnancy with resulting poor outcomes for the child. What happens to children in utero may affect them for the rest of their lives and cause longer-term developmental delays and both mental and physical health problems, and may even lead to criminality.

My noble friend Lady Finlay has also pointed, quite rightly, to the role of alcohol. As the noble Lord, Lord McColl, suggested, Opposition to Amendments 7, 8, 9 and 90 may be because the unborn child is not afforded the same rights as a newborn child. Indeed, an unborn child is bestowed with few rights, so it does not seem to make sense to include them in this Bill. Or, if the mother is the victim of domestic abuse, she will be in scope of the provisions of the Bill in any case, therefore the amendments would have little effect because the child affected by domestic abuse during pregnancy is not perceived as a victim.

It is important that we recognise the effects of domestic abuse on children, in order that we can intervene at a young age and act to mitigate some of the harms that will flow from domestic abuse. The Government’s amendments recognising this are welcome. However, in the same spirit and in the spirit of consistency, the scope of this Bill should include children in utero, because the rationale is much the same as for other children and it would be a significant blind spot to exclude them.

I turn now to Amendment 78 and the duty to provide therapy for new parents. I consulted my daughter, who is a psychiatrist specialising in parent/infant mental health. We know a great deal about the importance of early caregiver relationships on a child’s developmental trajectory, attachments and physical health. This amendment is about targeted early Intervention and the mitigation of domestic abuse-associated future harms. All children need sensitive and responsive parents who are emotionally available and can help them feel safe and understood.

The priority for treatment is to treat, reduce and prevent parental conflict with accessible therapeutic interventions and practical support for families. Therapies and couple interventions to consider include video interaction guidance, child/parent psychotherapy, Hold Me Tight and OnePlusOne and, in complex situations, the NSPCC’s UK programmes, LIFT and GIFT. Family-based therapy with children should always be considered, when possible, although it is no replacement for other kinds of general parenting support. The noble Baroness, Lady Newlove, mentioned the importance of health visiting. This seems to be much less available today than it was when I had my children many years ago.

I strongly support all the amendments in this group and hope that they will bring new opportunities to really respect the Conception to Age 2 manifesto and work, and all the other initiatives concerned with the health and well-being of babies in utero and infants.

My Lords, I strongly support Amendments 7, 8, 9, 78 and 90. We have heard the very informed opinions of my brethren, including the ladies, about the dangers that exist at the beginning of life, including the time that a child is in utero, from the effects of domestic abuse surrounding them.

It is very important to remember that the idea of putting something in guidance depends on whether it is already included in the statute. Guidance cannot extend the scope of the statute and I think that these amendments are really concerned with the legal necessity of having these beginning-of-life children in the statute. Therefore, I support them very strongly because I think it is generally assumed that they need to be looked after and that looking after them involves a degree of involvement that is essential for success.

My Lords, I am going to be very disciplined in this Bill—some people may say that that is a bit unusual for me—and speak only to those things that are not part of the criminal justice system. I am concerned that overall the Bill has been dominated by the criminal justice system, and most of the women I have worked with for many years want problems to be sorted before it is necessary to go to court, because things really have failed once it gets that far. That is why I was really pleased to support the noble Baroness, Lady Stroud, in these amendments, because they are about early Intervention and, in terms of domestic abuse, about how we prevent it and how we break that cycle.

Noble Lords have heard the detail of what happens to the development of the child and its brain if the parents are not in a state to nurture and support the child effectively. It is interesting to look at the work done by the charity For Baby’s Sake and the Family Nurse Partnership. Parents will say that they did not realise the effect on their unborn child of what they ate and drank and what substances they abused. For example, in the evaluation of For Baby’s Sake a father is quoted as saying that:

“Doing this programme made me realise I was very controlling without realising.”

That had been his experience throughout his childhood.

“To me it was normal.”

We have a position where people behave in a violent and abusive way and they think it is the norm. We need to give children experiences which are not dominated by abuse and controlling behaviour. A mother said that being involved in trauma-informed work allowed her to heal and come to know herself. She said that it had given her the confidence to be a good mother.

We know the effect on the unborn child and very young children of this sort of abusive, neglective, difficult behaviour. The facts are now well known and other speakers have gone through them carefully. We have known this sort of thing for at least 20 years. I understand why the Minister is reluctant about the amendments; it is because she wants to get the Bill through. But we know how to effectively support parents so that their pregnancy is safer and more healthy for the unborn child. We know how to support new parents to be parents who do not rely on violence and abuse for sorting things out and who learn how to work with their children in a much more positive and effective way. I ask the Minister to think about that.

We know what to do; we know that we can prevent years and years of abuse. We know what will happen if a child is subjected to this in the womb and in the early years. Why can the Minister not commit tonight to saying that the Government have learned these lessons and are going to invest in that sort of early intervention? I know that money is tight, but the Minister might make the argument, in her department and with the Ministry of Justice, that spending money on five new prisons for women is not a good use of it. If they put that money into supporting women at this early stage when they are first having their children, the long-term effect on the lives of families in our communities will be much more substantial than more prison places, which do not do anybody any good.

My Lords, unlike the noble Baroness, Lady Stroud, and other noble Lords who have spoken so knowledgeably, as probably became apparent in Committee, children and babies are not my area of expertise, apart from being a mother and a grandmother myself—so that is one small qualification greater than the noble Lord, Lord Russell. In Committee, I learned a lot of shocking facts about the damage that babies can suffer even before birth as a result of domestic abuse. I was shocked to learn that nearly a quarter of domestic abuse begins during pregnancy, and the noble Baroness, Lady Finlay, spoke about the role of foetal alcohol disorder: another issue that can just make the situation even more terrible.

Pregnancy can bring a great strain into a relationship for many reasons—financial strain for one and impending change for another. The noble Baroness, Lady Meyer, gave several examples of such strains. Much attention is, deservedly, given to the mother during and after pregnancy, but, until recently, the father had been regarded as more peripheral, less involved, a bit of a spare part. This has changed in recent years, I know, but there is still plenty of opportunity for resentment to develop.

However, as the noble Baroness, Lady Stroud, said, new fatherhood can be a great motivator for change. That is why this time would be an ideal opportunity to lavish some attention on the father and big up his role and importance. It is an ideal time for perpetrator strategies to be put in place. Can the Minister update the House on how this opportunity to implement perpetrator strategies could be exploited within the existing remit of the health service?

I am not sure we need to change the law for that—and for the other good practice mentioned in this suite of amendments—to happen, although the noble Lord, Lord McColl, believes that a baby in utero does not qualify as a victim. Can the Minister confirm exactly what the Government’s view is?

Amendment 78 requires the Secretary of State to supply the funding for trauma-informed and attachment-focused therapeutic work for the parents of all little victims. The noble Baroness, Lady Watkins, emphasised the importance of early Intervention.

Amendments 8 and 9 seek to ensure that babies in utero will be covered in the Bill’s provisions. The amendments’ supporters made a strong case for that in Committee, citing harrowing examples of the potentially lifelong damage which can be done before a child is even born. I would welcome the Minister’s assurances that these victims—in utero as well as post birth—will be covered by the Bill’s provisions. Several noble Lords, including the noble Baroness, Lady Newlove, talked about the baby blind spot. We must consider the baby’s needs, and I hope that the baby blind spot does not apply to this Government.

My Lords, when, initiated by the noble Baroness, Lady Stroud, and my noble friend Lady Armstrong of Hill Top, these issues were debated in Committee, the Government argued that the need for statutory agencies to recognise and respond to the impact of domestic abuse on children of all ages is already embedded in the Bill and the associated statutory guidance. The Government said that they recognised that pregnancy can be a trigger for domestic abuse and that existing abuse may get worse during pregnancy or after giving birth.

The Government went on to say in Committee that the statutory guidance made clear that local authorities, with their partners, had a responsibility to develop clear local protocols for assessment, and that these protocols should reflect where assessments require particular care and include unborn children where there are concerns. Further, the Government said that if there are concerns relating to an unborn child, consideration should be given to whether to hold a child protection conference prior to that child’s birth, with decisions regarding the child’s future safety, health and development made at that conference.

The Government concluded their response in Committee by saying they were committed to protecting all children, including the very youngest, from the heinous crime of domestic abuse. There have since been further discussions. We agree that pregnant women, unborn children and young children need access to support and protection. I look forward to the Government, in their response, giving further meaningful assurances that this will be the case.

My Lords, I thank my noble friend Lady Stroud for affording us the further opportunity to debate the impact of domestic abuse on very young children and unborn babies. The noble Baroness, Lady Finlay, made an important point about alcohol as a trigger for domestic abuse and the effect of alcohol on an unborn child, which is part and parcel of this. The noble Baroness, Lady Armstrong of Hill Top, made a point about preventive measures being so important in our aim of protecting victims or potential victims of domestic abuse.

Amendment 7 to Clause 3 seeks to recognise unborn babies exposed to domestic abuse in utero as victims of domestic abuse. Amendments 8 and 9 to Clause 7 seek to explicitly provide for the domestic abuse commissioner to encourage good practice and provide protection and support to children under the age of two, including unborn babies, affected by domestic abuse. Amendment 78 seeks to make provision for publicly funded therapeutic services for expectant parents and parents of children under the age of two who are victims of domestic abuse. Finally, Amendment 90 seeks to make explicit reference to unborn babies and children under two in the statutory guidance to be issued under Clause 73.

Under Clause 3, children of all ages, from birth to the day that they turn 18, are considered victims of domestic abuse in their own right if they see, hear or experience the effects of domestic abuse and are related either to the targeted victim of the abuse or to the perpetrator. As such, all children will benefit from the provisions in the Bill. For example, Part 2 expressly recognises the impact of domestic abuse on children in the statutory functions of the domestic abuse commissioner. Part 4 of the Bill places a new duty on tier 1 local authorities to provide support to victims of domestic abuse and their children within safe accommodation. This would include the kind of support referred to in Amendment 78. In addition, Clause 73(2) provides that the Secretary of State must issue guidance on the

“kinds of behaviour that amount to domestic abuse” and on the effect of domestic abuse on all children.

Separate to the provisions in the Bill, there are important existing measures in the Children Act 1989 to protect children at risk of harm. These include Section 8 of that Act, which makes provisions for child arrangement orders regulating arrangements relating to when a child is to live, spend time with or otherwise have contact with any other person, and whom. Section 17 sets out the provision of services for children in need, their families and others. Part V sets out measures for the protection of children, including in Section 43 on child assessment orders; Section 44 on orders for the emergency protection of children; and Section 47, which sets out the local authority’s duty to investigate when it suspects that a child is suffering or likely to suffer significant harm.

Given these provisions, I am confident that the needs of all children, including babies and toddlers, who are victims of domestic abuse are already well embedded in the Bill and elsewhere. As a result, I do not think it necessary or appropriate to extend the provisions in Clauses 3, 7 and 73 to cover babies in utero. Our aim is to ensure that pregnant women who are victims of domestic abuse and children who are victims of domestic abuse secure the support and protection they need.

To come to the substantive point of my noble friend’s amendment, the Government recognise that pregnancy can be an especially vulnerable time for women, and that pregnancy or the birth of a child can be a trigger for domestic abuse or for the escalation of existing abuse. A number of noble Lords outlined some of the points here. I have mentioned that the guidance issued under Clause 73 was published in draft last year. This made express reference to pregnancy as a risk factor that can make women more vulnerable, during what is already a terribly precarious time for some.

Since the publication of the draft, Home Office officials have engaged extensively with a range of front-line practitioners, including convening a working group specifically focused on health earlier this year. I know that officials have engaged with a wide range of stakeholders, including maternity and early years specialists and service providers. Experts from the Royal College of Midwives, as well as those with academic and sector expertise, outlined how we could improve the references to pregnancy, as well as include specific references to the unborn and the impact of domestic abuse. We will consult on an updated draft of the guidance following Royal Assent, where there will be yet further opportunity for specialist organisations—and, indeed, noble Lords—to provide feedback. That goes back to the point that the noble Lord, Lord Russell of Liverpool, made about data and best practice informing our approach.

As I have indicated, all expectant mothers are covered by the provision of services for domestic abuse victims, and social workers will consider the safety of unborn children through assessments and child protection conferences, as set out in statutory guidance called Working Together to Safeguard Children. Local authorities and all safeguarding agencies are required by the Children Act 2004, and other enactments under which the guidance is issued, to have regard to this statutory guidance. It is important to acknowledge that the guidance sets out that local authorities, with their partners, have a responsibility to develop clear local protocols for assessment. These protocols should reflect where assessments for some children will require particular care, including unborn children where there are concerns.

Following a Section 47 inquiry under the Children Act 1989, if there are concerns that relate to an unborn child, consideration should be given to whether to hold a child protection conference prior to the child’s birth. An initial child protection conference brings together family members, supporters, advocates and practitioners to consider all relevant information and how organisations and agencies can work together to safeguard and promote the welfare of the child.

The Government are also aware and have been long-standing supporters of a great scheme called Operation Encompass, which created an information-sharing protocol between police and schools following a domestic incident. Operation Encompass has launched a pilot of this scheme in Greater Manchester for children under the age of five. Under this pilot, any information is shared by the police with health visitors following a domestic abuse incident that involves children under the age of five, and where a woman is expecting. We are working very closely with Operation Encompass to monitor the outcome of that pilot.

The Government are committed to protecting all children, including the very youngest, from the heinous crime of domestic abuse, and we continue our work in this area to ensure that this is achieved. I know that my noble friend will join me in welcoming Andrea Leadsom’s early years healthy development review. I congratulate the noble Lord, Lord Russell of Liverpool, on being involved in it. It has been examining the first 1,001 days of a baby’s life—that is, from conception to the age of two and a half. I look forward to the review’s publication.

In terms of perpetrator strategy, there will be a domestic abuse strategy, as the noble Baroness, Lady Burt, knows. It will of course make reference to perpetrators and how we deal with them. More broadly in relation to Amendment 78, we will come on to debate the provision of community-based support services. We recognise that there is more to be done in this area and I will set out the Government’s route map to achieve this when we reach Amendment 17—hopefully, tonight.

Lastly, I would add that the Government’s new domestic abuse strategy will consider the role of early Intervention work with children, including the very youngest, to ensure that they are not forgotten. I hope that I have been able to persuade my noble friend Lady Stroud that the Bill already addresses the issues that she has raised and that it will help deliver better support and protection to pregnant women and young children alike who are victims of domestic abuse.

My Lords, I thank all noble Lords who have contributed to the debate on this Amendment, but especially the noble Baronesses, Lady Armstrong and Lady Finlay, and the noble and learned Lord, Lord Mackay of Clashfern, for their contributions. Their contributions were moving, constructive and hugely valuable. For me too, hearing the cross-party nature of the support for the very youngest right the way through to the age of two was a special moment in this House. I thank noble Lords for their contributions.

I also thank my noble friend the Minister for the way she has listened and sought to ensure that all children, including babies in utero, are recognised as potential victims of domestic abuse. The assurance that all babies in utero are to be recognised in guidance is very precious. I thank her and her officials for responding so fulsomely. I am so grateful to her for her work in ensuring that the draft guidance will recognise that pregnancy is a specific risk factor that can make victims more vulnerable. This is hugely important because pregnancy, as we have heard during this debate, can be a trigger for domestic abuse. Existing abuse can get worse as well during pregnancy.

I am delighted too that guidance recognises that domestic abuse experienced during pregnancy and in the earliest years is harmful to birth outcomes and babies’ early development, and that trauma-informed support will be available for these families. This is crucial because a mother’s emotional state can have a direct influence, as my noble friend the Minister said, on foetal development and on-going stresses, such as domestic abuse, can disrupt babies’ neural development.

Finally, I am delighted that guidance will recognise that while pregnancy may increase risk of abuse, the interaction with health professionals provides an opportunity for women to seek support, as well as for professionals to reach out to women who may be experiencing domestic abuse. This is a moment for us not to miss. These women are already in the system and standing in front of a professional. We can harness this moment of opportunity to ensure protection for these very vulnerable babies.

I am mindful of the words of warning of the noble Lord, Lord Russell, and the need to remain vigilant on the effectiveness of guidance. I am sure that Ministers who have spoken in this debate will join us in remaining vigilant so that these protections become a reality. There is clearly strong cross-party support to recognise babies and the unborn as potential victims of domestic abuse, and to seize the moment to intervene. at a crucial juncture for parents. I thank the Government for the steps they have taken and given assurances that they will take.

I finally thank the more than 70 experts, doctors and charities of early childhood and domestic abuse who put their names behind this amendment. An extraordinary number of organisations and professionals have backed this, including Amanda McIntyre of For Baby’s Sake, Alison Morton of the Institute of Health Visiting, and Sally Hogg from the First 1001 Days movement. Their work on the frontline is what makes all the difference. I beg leave to withdraw my amendment.

Amendment 7 withdrawn.

Clause 7: General functions of Commissioner

Amendments 8 and 9 not moved.

My Lords, we still have another nine groups of amendments to cover if we are to hit today’s target for the first day of Report. Given that we will need to sit late in order to try and do that, I suggest that now might be an appropriate time for a short break.

Sitting suspended.

My Lords, we now come to the group beginning with Amendment 10. Anyone wishing to press this or anything else in this group to a Division must make that clear in debate.

Clause 8: Reports