With this it will be convenient to discuss new clause 47— Review of domestic abuse protection orders and notices—
“(1) The Secretary of State must within 12 months of this Act being passed conduct a review into the operation and use of domestic abuse protection orders and notices.
(2) The review must take account of—
(a) the extent to which domestic abuse protection orders and notices have been used;
(b) data on the effectiveness of domestic abuse protection orders and notices in tackling and preventing domestic abuse;
(c) the views of those for whose protection orders and notices have been made.
(3) In designing and conducting the review, the Secretary of State must consult—
(a) the Domestic Abuse Commissioner,
(b) the Welsh Ministers,
(c) organisations providing support to victims and perpetrators of domestic abuse,
(d) such other persons as the Secretary of State considers appropriate.
(4) Upon completion of the review, the Secretary of State must publish and lay before Parliament a report setting out—
(a) the findings of the review, and
(b) the action the Secretary of State proposes to take in response to the review.”
This new clause would ensure that both DAPOs and DAPNs are reviewed to ensure that they are operating effectively and serving the purpose that they were intended for.
Clause 47 requires the Government to issue statutory guidance on the new notices and orders to the police, and to any third parties specified in regulations who may make a standalone application for an order. The recipients of that guidance must have regard to it when exercising their functions. The Government are also required to consult the commissioner before issuing or revising any guidance under the clause. This provision is crucial to help to ensure that frontline practitioners have the knowledge, understanding and confidence to use DAPOs effectively and consistently, in order to help victims and their children.
Topics to be covered by the guidance include how the different application pathways for a DAPO operate, when to consider applying for a DAPO and how to prepare robust application conditions, which may be included in a DAPO, and how to work with victims effectively, highlighting the importance of robust safety planning and referral to appropriate victim support services. We will develop the guidance in collaboration with the police and sector experts, ensuring that it is of high quality and relevant to the frontline practitioners using it.