Baroness Greengross:

Moved by Baroness Greengross

83: After Clause 72, insert the following new Clause—“Duty to report suspected abuseA local authority must ensure that, where any of its employees suspects in the course of carrying out a financial assessment for adult social care that a person is the victim of domestic abuse, the employee reports the suspected abuse to a relevant social worker or the police.”

My Lords, in moving Amendment 83, I will speak to Amendment 84. I am introducing these two amendments again on Report as I believe the issue they seek to highlight regarding older adults needs considerably more attention than it has received to date. After a helpful meeting with the Minister last week, I will not now be putting these amendments to a Division. However, I would like to raise a few important points.

At earlier stages of the Bill, I cited polling data from Hourglass—formerly called Action on Elder Abuse—conducted in 2020 which found that one in six adults over the age of 65 has experienced some form of abuse. That is 2.7 million older people in this country who have experienced abuse. Yet despite this, the abuse of older people is not taken seriously by many. Older people are victims of physical, financial, sexual and psychological abuse, and many others suffer abuse due simply to straightforward neglect.

These two amendments, debated in Committee and debated again today, are by no means the only measures that could or should be put in place to safeguard against the abuse of older adults. But both Amendment 83, which places a duty on local authorities to report suspected abuse, and Amendment 84, which gives registered social workers the powers to enter a private residence to investigate suspected abuse, are concrete steps to improve the reporting and investigation of this often horrendous crime.

Amendment 83 would reinforce existing safeguards practised by local authorities and duties of care detailed in the Care Act 2014. The draft statutory guidance that the Government intend to issue once the Bill gains Royal Assent places a greater duty on local authorities to support victims of abuse.

The intention of this amendment is to ensure greater consistency throughout the country with regard to the reporting of suspected abuse. At present, some authorities have robust processes in place to address this, while, sadly, others do not. Critical to this working will be a stronger emphasis on training and learning to identify potential signs of domestic abuse. Also, it is important that joined-up working between local authorities and other relevant agencies occurs throughout the country to ensure a co-ordinated and swift response where there is suspected abuse.

Amendment 84, concerning powers of entry for registered social workers, addresses the fact that at present, powers of entry are given to the police only where life and limb are at risk. This life and limb threshold is far too high. The proposal would bring England in line with legislation in both Scotland and Wales, where social workers have powers of entry. While obstruction of social workers is rare, stronger processes need to be in place where suspected abuse cannot be investigated.

There needs to be a balance when considering these issues and many would be wary of expanding powers of entry too far. But again, when 2.7 million older people have experienced abuse and in most cases the abuse is not even reported, it is not acceptable to say that the status quo is working. Obviously, it is not.

I had the opportunity to meet with the Minister the noble Baroness, Lady Williams, last week regarding these two amendments. The discussions we had were constructive, and she indicated that the Government are willing to do more work in this area to strengthen safeguarding against abuse of older people. I eagerly await her response or the response of the other Minister at the conclusion of the debate, which I hope will address the points I have made today.

The noble Lord, Lord Naseby, has scratched, so the next Speaker will be the noble Lord, Lord Rooker, and the noble Lord, Lord Hunt, will follow the noble Baroness, Lady McIntosh.

My Lords, I think I heard the noble Baroness, Lady Bennett of Manor Castle, say “bearing in mind the time of day” three times. I will say it only once: bearing in mind the time of day, I rise to support the noble Baroness, Lady Greengross. I spoke briefly on this in Committee. She is quite right not to press this to a vote. Notwithstanding the lateness of the hour or where it is in the Bill, more work needs to be done. I was not present, but I would be very pleased to learn the outcome of the meeting with the Minister. As I said in Committee, while I support the general thrust of both amendments, I could nitpick my way through some of the detail.

My central point, particularly in relation to Amendment 84, is that, like some of the other amendments we have debated today, it sends an incredibly powerful message to perpetrators. At the moment this problem is behind closed doors and not taken seriously among older people, notwithstanding the results of the polling that the noble Baroness, Lady Greengross, gave—which is pretty bad, of course. I can remember Constituency cases in which similar kinds of things happened but it was always difficult to nail down, given the age of the people involved. The fact of the matter is that abuse takes place. Social workers having the power to force entry—they would do it not on their own but only with the police present anyway; and, as the amendment says, it would mean they had already been refused entry—would be a message to the perpetrators.

It would be incredibly powerful if the Government were able to take forward the issue of older people and the abuse they suffer, simply because it is not highlighted. It is not politically sexy; it is a dark and closed area for many people. The noble Baroness, Lady Greengross, is absolutely right to bring the issue back on Report. It will not be the last time we hear of this. I look forward to a positive response from the Minister to be able to give some comfort to those involved and a bit of strategy to send a message so that those perpetrating know that more action can be taken. Of course, the idea is to stop them perpetrating the abuse.

My Lords, I thank the noble Baroness, Lady Greengross, for bringing forward Amendments 83 and 84 on Report. I congratulate her on the progress that appears to have been made, particularly in light of her meeting with the Minister, which is very welcome news indeed.

I say that because, in connection with Amendment 83, I know there was a certain reluctance on the Government’s part to accept that this form of abuse against older people constituted domestic abuse. To a certain extent, I can understand that level of reluctance. I do not know what we would call abuse of an older person. If it is a younger person, the local authority acts in loco parentis in its responsibility for adult social care. This is, if you like, the reverse of “in loco parentis”; it is responsible for the adult social care for an older person. I believe progress has been made by these amendments being brought forward at this stage. It is absolutely essential that the local authority steps in in this way because, where no family members are available, the older person has no one else to turn to but the local authority acting in that capacity.

I also lend my support in principle to Amendment 84 for the reasons I gave in Committee. It is very important that we equalise the law as relating to powers of entry across the four nations of the UK. Subject to what my noble friend says in summing up this small group, I see absolutely no reason why we should be out of line with Scotland and Wales.

Finally, I ask my noble friend to give us a little more meat on the bones, since the noble Baroness, Lady Greengross, is not pressing these amendments to a vote at this stage. Could we have a few more details of what government action is proposed, the direction of travel and, ideally, a timetable?

My Lords, I am also very glad to support the noble Baroness, Lady Greengross, in her Amendments 83 and 84. She has been such an extraordinary campaigner for older people and, years ago, she brought the abuse suffered by them to national and international attention.

We have made considerable progress. The acceptance of the Amendment of my noble friend Lady Lister means that the offence of “controlling or coercive behaviour” under Section 76 of the Serious Crime Act 2015, which originally covered only behaviour by a family member when they are living with their victim, will be amended so that it applies to “controlling or coercive behaviour” by a former intimate partner that takes place post separation, or by a family member who does not reside with the victim. This is real progress for old people suffering from abuse.

However, there is an argument for going further. I will reflect back on the words of wisdom of Gary FitzGerald, formerly CEO of Action on Elder Abuse, who stated that:

“Older women can have a higher level of physical, emotional and particularly financial dependence on perpetrators, and will often have experienced the abuse for a much greater period of time. It is those psychological and emotional relationships that are crucial in considering coercive control ... The people who primarily abuse older people are their own families—sons and daughters, nieces and nephews, and grandchildren. They exploit family relationships, and this can often continue after the Intervention of statutory services.”

The argument put forward by the noble Baroness, Lady Greengross, is that you need her amendment to deal with these types of situations.

In Committee, the noble Baroness, Lady Williams, said:

“Local authorities are well equipped to identify, investigate and address suspicions or cases of domestic abuse where the individual has existing care and support needs or is known through other means. There are mechanisms and clear professional responsibilities in place to ensure the safety of suspected or known victims.”—[Official Report, 10/2/21; col. 404.]

She was not convinced that the amendments of the noble Baroness, Lady Greengross, would add value to “existing rules and processes”. In a sense, this repeats an argument that the noble Baroness, Lady Williams, has used throughout the Bill: that practice is at fault, not the legislative structures. The problem is that, in relation to the issues raised by the noble Baroness, Lady Greengross, it is far too patchy, which is why we are using the Bill to raise issues and seek to get some statutory provision. I know that she hopes for a positive response from Ministers, which is to be welcomed. However, it would be great to be able to finish the job, in a sense, and do everything we can to protect older people from the abuse that I am afraid they suffer all too often.

My Lords, I am pleased to speak to these amendments, so ably introduced by the noble Baroness, Lady Greengross. The hour is late, and I do not wish to add much to what has already been said. In Committee, I highlighted that:

“How we treat our vulnerable is a reflection of our society … We need a zero-tolerance attitude to abuse, whatever the age of those involved.”—[Official Report, 10/2/21; col. 400.]

When we last debated this issue, the Minister said that local authorities are already equipped with the powers in Amendment 83 and that “the police and others” already have the right of entry in Amendment 84.

I agree with the noble Baroness, Lady Greengross, that, in spite of this, there are still problems. The elderly are among the most vulnerable in our society, and it is important that they are adequately protected. As such, I hope the Minister will be able to highlight today how protection for the elderly will be strengthened.

My Lords, this is one of the few amendments to the Bill that are intended to address elder abuse, and I commend the noble Baroness, Lady Greengross, for her years of campaigning for older people. Clearly, it is a big problem, with stark findings from the charity Hourglass that one in six adults over 65 has suffered some form of abuse, and 40% of this is financial abuse.

At previous stages the noble Baroness the Minister did not seem particularly sympathetic to these amendments, citing systems and procedures already in place for spotting and reporting signs of financial abuse in local authorities. But in her subsequent letter to the Minister, the noble Baroness, Lady Greengross, counterchallenges that duties under the Care Act 2014 are not implemented consistently by local authorities. I wonder if the noble Lord the Minister recognises this picture. Would he be willing to commission some investigation to check this out? I was mollified by the words of the noble Baroness the Minister in Committee, but now I wonder.

Regarding powers of entry, the Minister expressed concern in Committee that social workers are not trained for effecting entry and may be putting themselves in harm’s way. In her follow-up letter, the noble Baroness, Lady Greengross, counters that it is naive to imagine that social workers are never in harm’s way and are unused to facing confrontational situations in the course of their job anyway. In the letter, she says that

“powers of entry are only given to the police in cases where ‘life and limb’ are at stake.”

So there appears to be a gap between police powers to act and refusal to allow entry to the social worker by a suspected controlling abuser.

The noble Baroness compares safeguarding powers in Scotland and Wales to those in England and finds them wanting. Would it not be possible to look at this again? I would be very interested to know how often powers to enter are needed and sought. I hope the Minister can enlighten the House so that we might understand the scale of the problem. On the one hand, we have the evidence of Scotland, where the knowledge that the social worker has the power to enter creates an expectation that they may enter, as mentioned by the noble Lord, Lord Rooker; but on the other, there is the risk to the social worker to consider, as outlined by the noble Baroness the Minister. I am a bit more ambivalent this time around, and I look forward to hearing what the noble Lord the Minister has to say.

Amendment 83, moved by the noble Baroness, Lady Greengross, would require a local authority to ensure that, where any of its employees suspects in the course of carrying out a financial assessment for adult social care that a person is the victim of domestic abuse, the employee reports the suspected abuse to a social worker or the police. Amendment 84 would give a magistrates’ court the power to permit a registered social worker to enter a premises by force if the social worker has reason to believe an occupant may be a victim of abuse, and they have been refused entry by other occupants.

We are of course very much of the view that everything must be done to reduce the incidence of domestic abuse, not least domestic abuse against older people, who can be particularly vulnerable and against whom such abuse can be even more of a hidden crime than abuse experienced by younger people. I pay tribute to all the work that the noble Baroness, Lady Greengross, has done over many years on behalf of older people to ensure that their interests and concerns are not overlooked and forgotten.

A statutory duty under the Care Act 2014 already exists on local authorities to make inquiries where they suspect abuse, although apparently performance on this varies considerably. Ensuring that employees can recognise the signs of domestic abuse, and then report it, is a training issue, and we have already had debates on the importance of training, led by my noble friend Lady Armstrong of Hill Top, when certain assurances were given by the Government. Reporting abuse, what happens to investigate and deal with it once it has been reported, and the priority it is given, are crucial. A key factor is multiagency working and ensuring that an awareness of abuse runs through every agency. It is crucial that this is monitored effectively to ensure that it is working properly.

The noble Baroness, Lady Greengross, said that she does not intend to press her amendments to a vote, following discussions with the Government, presumably in the light of what was said by the Government during those discussions. I presume that in their response the Government will refer to any undertakings that they have given, and I am sure that the noble Baroness, Lady Greengross, will not be the only one monitoring the impact of any such undertakings.

My Lords, I am grateful to the noble Baroness, Lady Greengross, for further highlighting the plight of older victims of domestic abuse, and for tabling amendments which seek to tackle these important issues. I am replying on behalf of my noble friend Lady Williams of Trafford, who I know found their discussion on the matter last week extremely helpful.

The Government are committed to preventing and reducing the risk of harm to people in known or suspected vulnerable situations. An effective adult safeguarding system which works across agencies to identify incidents or risk of harm, as well as acting on and ultimately preventing them, is central to this. We take the issues that the noble Baroness has raised very seriously and know that a well-trained and empowered adult social care workforce will be vital in tackling them. Social work is the lead profession for adult safeguarding duties under the Care Act 2014 and the Government are committed to ensuring that those working in it are well informed and trained to carry out their roles effectively. For this reason, the Chief Social Worker for Adults is developing a practice guide to support adult safeguarding teams within local authorities, to ensure a consistent and person-centred statutory response and quality safeguarding of adults with care and support needs. This guide will be consulted on and published this year.

We have considered Amendments 83 and 84 further and do not believe that they will add value to existing roles and processes, or that they are needed to improve outcomes for older people experiencing domestic abuse. In relation to Amendment 83, all local authority employees are expected to undertake safeguarding training, ensuring that they can identify any concerns of elder abuse and report these through existing escalation routes where necessary. In some instances, this may require making a report to the police, or making a referral under Section 42 of the Care Act 2014, which places a duty on a local authority to make inquiries, or to ask others to make inquiries, where it reasonably suspects that an adult in its area is at risk of neglect or abuse, including financial abuse.

On Amendment 84, the police have existing powers of entry ensuring the protection of victims of domestic abuse and other instances of exploitation and harm. These existing powers are sufficient and appropriately given to the police, who are well equipped to respond to threats from perpetrators of domestic abuse and to gain entry to a home where necessary. Extending powers of entry to social workers risks placing them in potentially unsafe and harmful situations which they are not equipped to deal with. It would also not be appropriate for a social worker to have powers that extend beyond their remit of supporting people with care and support needs, and they would not be trained to respond in these circumstances. Local arrangements will be in place to enable effective joint working to investigate instances where an adult must be safeguarded, which would include the police, health and social care professionals, and providers.

I also point to Clause 73, which enables the Secretary of State to issue guidance relating to the definition of domestic abuse. The draft guidance recognises that older people can be victims of domestic abuse and that they may experience this abuse differently. This guidance is intended to support all responding agencies to understand domestic abuse. Indeed, under Clause 73, any person exercising public functions to whom guidance is issued must have regard to the guidance in carrying out those functions.

We will be publishing the updated statutory guidance in draft for a formal consultation shortly after Royal Assent. We would welcome the noble Baroness’s engagement on the guidance, as well as that of the specialist organisations advocating for older victims, such as Hourglass. My noble friend Lady Williams has asked me to say that she would be more than happy to put the noble Baroness, Lady Greengross, in touch with her officials working on the issue.

In addition, Part 4 places a duty on tier 1 local authorities to provide support within safe accommodation for victims and their children. We have been clear in the statutory guidance to accompany Part 4 that victims and their children with relevant protected characteristics, as set out in the Equality Act 2010, must be able to access the support that they need. Under this duty, we expect authorities to ensure the appropriate and adequate support within safe accommodation that meets the needs of all victims, including those with relevant protected characteristics and/or multiple complex needs, and those whose support needs might not be able to be met within more general domestic abuse safe accommodation, such as victims over the age of 65.

We recognise the importance of ensuring that existing processes and practices are robust enough to offer protection to people at risk of or experiencing elder abuse. We also know that Covid-19 has presented new and, in some instances, heightened existing challenges in the adult safeguarding system. There is work under way across government and across health and social care partners better to understand and tackle these issues during and beyond the pandemic.

As I have indicated, there is work under way to improve the quality of practice within adult safeguarding teams, undertaken by the Chief Social Worker for Adults. Although we do not think that it is necessary to take forward Amendment 84 at this time, we will have conversations with interested parties and others to understand whether adult social workers feel empowered within their existing duties and powers, and whether there is anything further that we can do to support them in carrying out their important roles to support known or suspected victims of domestic abuse.

I hope that setting that out from the Dispatch Box this evening, as well as in the helpful meeting that the noble Baroness had with my noble friend, will be enough to reassure the noble Baroness that existing practices and processes are in place to identify and tackle domestic abuse, including instances of elder abuse, and that the Government are committed to improving them. Therefore, I hope that she will be willing to withdraw her amendment.

My Lords, I thank the Minister for his response. I believe that the Government have taken onboard many of the points that I and others have raised in today’s debate. I welcome the opportunity to have input into statutory guidance that will be issued once the Bill receives Royal Assent. It is particularly important that Hourglass, as the leading charity in this area, can also have input into the guidance to local authorities on identifying and reporting suspected abuse and how they can best support older victims of this often horrific crime.

On the issue of power of entry, I remain of the view that the legislation in Scotland and Wales allowing social workers to enter a property to investigate suspected abuse where access has been blocked is the right approach. We might need to look at this again at a later date.

Further, I believe that the current “life and limb” threshold for the police to enter a property is too high; it makes it harder to investigate suspected abuse. But I do agree with the Minister that having joined-up work across agencies when responding to domestic abuse is essential. There needs to be a joined-up approach in responding to incidents where attempts to investigate abuse are blocked or frustrated. If the joined-up working approach proposed by the Government can address this issue satisfactorily, that would be a positive outcome. If social workers’ entry to people’s homes in cases of suspected abuse continues to be frustrated and the law proves inadequate to address that, I am sure that, at some future date, the issue of powers of entry will once again be debated in your Lordships’ House and appropriate measures taken to deal with it.

Regarding today’s debate, I thought the noble Lord, Lord Rooker, was absolutely right not to press a Division. More work needs to be done to look in detail at certain issues. We need a powerful measure to deal with perpetrators. Knowing that a social worker was coming might change behaviour. It will not be the last time we hear about this, because we may have to bring it back, so I thank the noble Lord for his contribution.

The reluctance of the noble Baroness, Lady McIntosh, to accept that this is a form of abuse worries me somewhat. It is essential that local authorities step in, but I know she agrees with a power of entry similar to that in Scotland and Wales.

The noble Lord, Lord Hunt, brought this issue to national attention many years ago. I have done the same and we have joined forces quite often to argue for the same points. The argument to go further for older women who have higher dependence on the perpetrator is very important. Family members are the prime perpetrators, and we know that the practice is far too patchy.

The noble Baroness, Lady Hodgson, highlighted that how we treat vulnerable people reflects something in our society which we must look at in more detail again. The noble Baroness, Lady Burt, has tabled very important amendments that support elderly people and demonstrated the gap between the police and social workers. We need also to look at that again and at what goes on in Scotland and Wales, because I am sure we can learn from what they are doing.

The noble Lord, Lord Rosser, highlighted the fact that older people are particularly vulnerable to abuse, and the importance of training anyone coming in touch with them, whether they are trained social workers, family members or whoever is doing the caring role.

I thank the Minister, the noble Lord, Lord Parkinson, for taking on this rather difficult issue and for highlighting many of the points that I raised previously with him and today. So with my thanks I say that today I will not be pressing either of my amendments to a Division and therefore I beg leave to withdraw Amendment 83.

Amendment 83 withdrawn.

Amendment 84 not moved.

Amendments 85 and 86 had been withdrawn from the Marshalled List.

We now come to Amendment 87. Does the noble Baroness, Lady Hamwee, wish to move the amendment?