Victims and Prisoners Bill – in a Public Bill Committee at 2:30 pm on 4 July 2023.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
2:30,
4 July 2023
I beg to move Amendment 87 in Clause 13, page 11, line 3, at end insert—
‘(aa) prepare an assessment of the needs of victims (including victims who are children or have other protected characteristics) in the area,’.
This amendment would require the relevant authorities in a police area in England to assess the needs of victims in their area.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to discuss Amendment 88 in Clause 13, page 11, leave out lines 16 to 18 and insert—
‘(a) the assessment of the needs of victims (including victims who are children or have other protected characteristics) carried out under subsection (1),’.
This amendment is consequential on Amendment 87 and would require the relevant authorities to have regard to their assessment of the needs of victims when preparing the strategy.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
Both amendments seek to ensure that the strategy for collaboration takes into account victims’ needs. Amendment 87 would require the relevant authorities to begin the strategy of preparing an assessment of victims’ needs. That must include a specific requirement to assess the need of child victims and those with other protected characteristics, who are particularly vulnerable and must be subject to additional considerations by the relevant authorities. It is a logical place to begin and, as I stated when arguing for the joint strategic needs assessment, it would fail to be an effective collaboration if needs were not evaluated to begin with.
Amendment 88 would require the relevant authorities to consider the needs assessment when putting together the strategy to collaborate. Some partnerships may do that once the Bill is passed, but we must ensure that every region has the same standards and processes so that the needs of all victims, and particularly child victims, are met across the country. The amendment would enable the strategy to collaborate and be more cost-effective and ambitious when fulfilling the duty the Minister wants it to achieve.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I do not have much to say other than that I entirely support the words of my hon. Friend the Member for Rotherham.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful, as ever, to the hon. Member for Rotherham for her Amendment, which would require the relevant authorities in a police area in England to assess the needs of victims in their area and then take that assessment into account when devising strategies under the duty to collaborate. I already touched on that when debating an earlier amendment, so I will seek not to repeat myself—at least not too much—although, I am afraid that some of the arguments will be the same.
The Government agree that needs assessments are vital in informing local commissioning decisions, and relevant local needs assessments that indicate the needs of victims already happen regularly as part of good practice. The Ministry of Justice provides police and crime commissioners with grant funding to commission practical, emotional and therapeutic support services for victims of all types of crime in their local areas. In order to achieve that and to know which services are required, PCCs are expected to carry out needs assessments that will allow them to target the funding and ascertain the level of need and demand in their area.
There are also several other needs assessments that local commissioners carry out, which give an assessment of the needs of victims. They include, but are not limited to: the serious violence joint strategic needs assessment, which indicates levels of serious violence and the volume of victims in an area; the public health joint strategic needs assessment, carried out by local authorities and health and wellbeing boards, which sets out social care and public health needs; and safe accommodation needs assessments, which give an indication of the number of domestic abuse victims requiring safe accommodation in an area.
We have been clear with commissioners in the victims funding strategy that needs assessments are a central pillar of commissioning victim support services. To do that, the victims funding strategy sets out a clear expectation that commissioners carry out regular needs assessments using all the data required to commission appropriate services for victims in their areas, including victims with tailored needs.
Edward Argar
The Minister of State, Ministry of Justice
I reassure the hon. Lady that I will turn to that. I have a little more to say, though not too much. To ensure that the victims funding strategy is improving commissioning practices and outcomes for victims—all victims, including adults and children—we will set up a cross-Government oversight board, which I have mentioned, to monitor delivery against the strategy. I am encouraged by the engagement with commissioners and providers to date, which indicates that the standards set within the victims funding strategy are being upheld, but we will of course continue to monitor adherence to those standards.
The duty to collaborate aims to ensure that the relevant authorities come together to utilise all the relevant needs assessments that I have set out when commissioning services for adults or children, as well as any other relevant data or information. Clause 13(3) requires the relevant authorities to have regard to any needs assessments that they have already carried out in respect of the needs of particular groups of victims when preparing their joint strategy. Statutory guidance for the duty will clarify that, when commissioning, the relevant authorities are expected to set out in their joint commissioning strategy how they have had regard to the relevant needs assessments, and how commissioning decisions aim to meet the identified needs of different groups.
We fear that placing that in legislation would be duplicative of existing practices that currently work effectively, and which our duty to collaborate will only enhance. Indeed, by virtue of the relevant commissioners under the duty working together, assessing existing needs and publishing their commissioning strategies, they will build up a clear picture of the local landscape of victims services and the local populations. The strategies will then clearly set out how they will, over the coming period, deliver a more joined-up and effective service for victims, including child victims.
I am happy to work with the hon. Member for Rotherham to identify the benefits and drawbacks of the current system. As I set out earlier, I continue to reflect on the points that she and the Domestic Abuse Commissioner made about joint strategic needs assessments, which shades into what I believe the hon. Lady is seeking to get at with the Amendment.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I beg to move Amendment 84, in Clause 13, page 11, line 8, at end insert—
“(d) ensure that services commissioned as part of the strategy are given contracts or grants for a minimum of three years, unless it would not be justifiable and proportionate to do so.”.
I present this as a probing amendment because I sadly know the Minister’s position. He was right to highlight earlier the eternal misery of short-term contracts as a result of short-term funding, and just how much the community invests in funding bids, some of which are successful and some of which are not. I am sure that we both agree that that money would be better spent on the services themselves.
Longer-term contracts are essential to help ease the insecure funding landscape facing the specialist domestic abuse sector. Amendment 84 would introduce a requirement that services commissioned under the duty to collaborate be delivered through sustainable contract terms of three years or more. That would enable community-based services to take root in a local area, recruit to permanent contracts, and provide women and children with the security and stability that they desperately need when fleeing domestic abuse. Some 64% of frontline workers surveyed for Refuge’s report, “Local Lifelines”, said that their services were impacted by short-term contracts. Frontline workers highlighted the challenges of delivering a service under short-term contracts due to the time and resources that it takes to implement a new service and embed the idea.
If a contract is for two years or less, it often takes the length of the contract for the service to become established within a local area. Then it stops, or the whole process starts all over again, at which point survivors must find new sources of ongoing help, which can be incredibly unsettling and traumatic for those victims. Short-term contracts force charities to spend resources rebidding for contracts rather than supporting their clients. It also presents significant recruitment challenges, as services can only offer short fixed-term, rather than permanent, posts. Given the transformative impact of community-based services on a survivor’s journey towards safety and independence, ensuring services are properly staffed and well established in their local area is vital. I know that the Minister understands that. Through an adequate, sustainable funding offer for community-based services delivered via long-term contracts, these services can take root in the community and provide the stability that women and children need.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I entirely endorse and support the Amendment. As someone who was in charge of fundraising for a small community-based organisation, I know that the amount of money wasted getting in human resources experts is significant. It happened to me on a number of occasions: it would roll around to December and people would be put on notice just before Christmas—because of the financial year, staff can be given three months’ notice at Christmas, which is always a really cheerful thing to have to do as a boss of one of these organisations.
I also point out that the problem has been exacerbated by the current delays in both the policing and the court-based systems. That adds a new flavour for domestic abuse community-based services or sexual violence community-based services. Yesterday, I was interviewed by police in a case. Hilariously, the police officer said to me, “Are there any dates you might be on holiday?”, and I said, “Well, I’m going away in August,” and I thought, “Hope springs eternal—it will be August 2025 before I see the inside of that courtroom.”
The situation is that a victim could come forward, go through the process with the police and the charge could take a year, let alone the court time taking another two years. The lack of continuity of even the same service, let alone the same person, still being in place because of the way short-term contracts in this space work is exacerbated by delays in the system. We have to skin the cat we have, and that cat is one of delay in this process. Three years from complaint to end on anything that would be seeing the inside of a Crown court is standard at the moment, so the very least we should seek to do is ensure that at least three-year contracts are provided in this space.
Edward Argar
The Minister of State, Ministry of Justice
We touched on a number of the elements that I am going to talk about when we debated Amendment 83, which the hon. Member for Rotherham moved earlier, so I will be relatively brief. I agree with her on the importance of sufficient funding for victims’ services and ensuring that, where we can, we provide the funding to commission services on a multi-year basis.
The Shadow Minister, the hon. Member for Birmingham, Yardley, is right to highlight the challenges: not only the demand pressures on a charity or a service provider but the fact that those most experienced at meeting that demand and providing the service are often the people who have to sit writing the responses to the invitations to tender or bids. I say that as someone who, before coming to this place, was a trustee of an environmental-regeneration employment charity. The challenge is having certainty of income and also a diversity of income streams, so that the charity can insure itself against any one of them suddenly saying it will no longer provide funding.
It is absolutely right to highlight the fact that individuals invest not just money but time, and that the work is often done outside office hours because they are at work during working hours and spend their evenings doing it. I visited a project in north-west London a little while ago and had exactly that conversation with some of the trustees and the senior staff there. Without a degree of certainty on funding, where that is possible, the challenge is not only the effort of constantly bidding for it but the risk of losing good people who, however passionate and however much of a vocation it is for them, often want at least a degree of predictability in their lives so that they know they can pay their Bills.
Amendment 84 seeks to ensure that commissioned services are given contracts or grants for a minimum of three years. As I just alluded to, I recognise the importance of sustainable funding for victim support services and how it can affect the reliability and consistency of services. We listened to service providers, who told us that single-year funding presented the biggest challenge to them in delivering support for victims, and we have already committed to multi-year funding, where possible, outside legislation. We have committed £154 million per annum of our victims budget on a multi-year basis across this spending review period, totalling a minimum of £460 million over three years.
Multi-year funding will allow for greater staff retention, opportunity for services to innovate and invest for the long term in the services they are able to provide, and— to the point made by the hon. Member for Birmingham, Yardley—allow victims to receive a greater degree of consistency and continuity in the support they need, particularly when they have begun to build up a rapport and trust with those with whom they are working. That is why we have put multi-year funding at the centre of our victims funding strategy, in which we reaffirmed that commitment and set out an expectation for all commissioners to pass multi-year commitments on to their providers.
I will gently offer two caveats at this point. I repeat what I said in response to amendment 83 about the constraints imposed by spending review periods and cycles and the inability to cut across or pre-empt the cycle. The only other caution I have is that I would not want multi-year spending to preclude a pot of money being appropriately used or distributed to the sector even if it was for only one year. I would not want us to constrain ourselves—we could say, “We recognise that a year is not perfect but there is this money and it can be used. Can you spend it usefully?” I suspect that most organisations, if not all, would say, “Yes, we can easily make use of that funding.” That is just a note of caution.
However, most funding that the Ministry of Justice provides to PCCs to commission local victim support has been awarded on a multi-year basis for this spending review period, with the PCC grant agreements including a requirement to commit to multi-year funding for the providers of the local services that they commission, where possible, unless there is a good reason otherwise. On that basis, although I acknowledge the import of what the hon. Members for Rotherham and for Birmingham, Yardley have said, I encourage them not to press the amendment to a Division.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
2:45,
4 July 2023
The Amendment was probing and provided a good opportunity for me to remember how hard you fought the last time you were in this role to get multi-year funding agreements in place. It helps enormously to have you in post and to get you on the record. I beg to ask leave to withdraw the amendment.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
May I gently remind all colleagues, who are all very experienced, that I did not promise anything or deliver anything? The Minister did.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
It is the last time I will say it today.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I beg to move Amendment 85, in Clause 13, page 11, line 13, at end insert—
“(ba) persons appearing to the relevant authorities to represent persons providing relevant victim support services for children,
(bb) victims,”.
This amendment would require the relevant authorities to consult victims and organisations providing support to child victims in preparing their strategy.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to discuss Amendment 81, in Clause 13, page 11, line 14, at end insert—
“(d) victims to whom relevant victim support services are being, or may be, provided.”.
This amendment would require the relevant authorities to consult victims who are, or may be, receiving support services when preparing their strategy.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
Apologies for getting overexcited, Mr Hosie.
Amendment 81 is supported by London’s Victims’ Commissioner, Claire Waxman, and it is worth reminding the Committee that Claire started campaigning for a victims Bill in 2014 or 2015. I pay huge tribute to her for never giving up. The fact that we are here debating it is in no small part due to her campaigning. Amendment 85 is supported by the NSPCC, to which I am grateful.
Amendment 81 would simply require that the relevant victims are engaged and consulted when authorities prepare the strategy for collaboration. We must ensure that victims themselves are engaged in the strategic planning for victim support services, because they know best. Amendment 85 seeks to make it clear that we must ensure that organisations that provide support to child victims are similarly consulted. As I have already made clear, children have very specific needs as victims. There must be a link between recognising children as victims and the duty to deliver a strategy for collaboration in the exercise of victim support functions, to ensure that commissioners include support services for children when preparing their joint commissioning strategies.
Considering children’s support needs as distinct from those of adults is vital. It is crucial for commissioners to reflect children’s needs effectively when they prepare their joint commissioning strategies. It is especially key at a time when child abuse continues to rise. At least 500,000 children a year are estimated to suffer abuse in the UK, one in 20 children in the UK have been sexually abused, and an estimated one in five children have experienced severe maltreatment. Last year, for the first time more than 100,000 cases of child sexual abuse were reported. NSPCC freedom of information data found that police in England and Wales made nearly 700 referrals a day to children’s social services about domestic abuse in 2021, totalling 245,000 cases that year.
Recognition of children in the relevant authorities’ victims’ needs analysis is welcome, and I welcome what the Minister has previously said, but the relevant authorities must have a duty to consult the providers of children’s services to ensure that those services are included in commissioning strategies. Simply including children in the victims’ needs analysis is not enough to ensure that support is in place. NSPCC freedom of information figures demonstrate that many local authorities are not accessing readily available information about child victims of domestic and sexual abuse. When asked, 50% of local authorities did not have any records of the number of child victims who had experienced either sexual or domestic abuse in their area, despite their statutory obligations to undertake a joint strategic needs assessment to improve the health and wellbeing of their communities.
It concerns me that the Bill risks undermining the important recognition that child victims must come within scope of the Bill if the duty to deliver a strategy for collaboration in exercise of victim support functions—I would love it if it could be called something snappier —does not include a duty to consult the providers of children’s services. I hope the Minister recognises that risk and therefore accepts the amendment.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I completely support the Amendment and just wish to say that although I and others will talk about the lack of available support services for victims of domestic and sexual violence more broadly, there is no group more populous and more poorly served than children. The idea that children’s services would not be included seems bizarre, and the argument has been eloquently put.
Edward Argar
The Minister of State, Ministry of Justice
I thank the hon. Member for Rotherham for her amendments, which would require the relevant authorities to consult victims who are or may be receiving support services when they prepare their strategies. I also take the opportunity to pay tribute to the work of Claire Waxman, whom the hon. Lady rightly mentioned. I have a huge respect for Claire Waxman. We do not always agree on everything, but she is a formidable and passionate campaigner in this space and she manages to do that and achieve results while being an incredibly nice person as well. She is incredibly successful in what she does and I wish her continued success—albeit perhaps not in every aspect, because sometimes she will push me a little too hard. We should all be grateful to her for her work.
Amendment 85 would require the relevant authorities to consult providers of support services for child victims, as well as victims directly, when they prepare their joint strategy. I will address the two parts of the amendment in turn. I agree that engagement with the providers of services for child victims can provide valuable insight into local decisions, including on how commissioning is likely to impact victims, communities and the capacity of organisations to provide support. Our view is that the Bill already meets that objective. Clause 13(2)(b) requires the authorities to consult
“persons appearing to the relevant authorities to represent persons providing relevant victim support services”.
I am happy to make it clear to the Committee that that includes the providers of services for child victims.
Furthermore, we intend for statutory guidance to set out in more detail how relevant authorities can ensure that child victims’ needs are met. That is intended to include how they can engage directly with victims if they consider it appropriate to do so, and take into account the views of providers and experts in the sector. I am happy for the hon. Member for Rotherham to give her thoughts on what that statutory guidance should contain, based on her work with the NSPCC and other organisations; as on other aspects of the Bill, I will work with her to see whether we can create something that works. Although I agree with the objective behind the first part of the amendment, we do not consider it necessary.
The second part of the amendment would require the authorities to engage directly with victims. I agree that they should take into account the views of victims when they prepare their joint strategy. That is why clause 13(2)(a) requires them to consult those representing the interests of victims and clause 13(2)(c) gives scope for them to engage directly with victims if they consider it appropriate to do so. Again, we intend for the statutory guidance issued under clause 14, which we will turn to shortly, to make that clear and set out in more detail the considerations that should be taken into account by the authorities when deciding who they should engage with, as well as our expected standards and process for consultation.
In addition, clause 13(3) requires authorities to have regard to any assessments of the needs of victims, including child victims, and the relevant victim support services that are available in the police area. The measures in the clause, taken together, ensure that the voices of victims and the expertise of victim representatives will be considered when the joint strategy is prepared. I do not believe that the second part of the amendment is necessary, given the extant clauses and subsections.
Amendment 81 would require the relevant authorities to consult victims who are, or may be, receiving support services when they prepare their strategies. I agree that is an important issue. Clause 13 already sets out that the relevant authorities—police and crime commissioners, integrated care boards and local authorities in England—must consult persons who represent the interests of victims, those who provide relevant victim support services and other persons the relevant authorities consider appropriate. That not only requires consultation with those who represent victims’ voices but gives ample scope for the relevant authorities to engage victims directly when they consider it appropriate to do so. We intend for the statutory guidance issued under clause 14 to set out in more detail what commissioners may want to take into account when they consider their duty to consult, including how to engage with victims effectively and, importantly, in a trauma-informed manner.
Engaging with victims to better understand their experiences in accessing services is undoubtably beneficial to the improvement of commissioning and outcomes for victims. Alongside allowing for direct engagement with victims themselves, clause 13 requires the relevant authorities to consult persons who represent victims. That is because some victims may prefer to be represented by another body—an advocate, a campaigner, a charity or a service provider—and we believe the legislation should be flexible enough to allow for that. We do not want to disadvantage victims who do not have the resources, autonomy or confidence to speak up for themselves. We should also recognise that there are organisations that are experienced in taking views from a representative spread of victims, feeding back to commissioners, and ensuring those views are heard and are useful in the commissioning process.
I hope I have given the hon. Lady some reassurance that we believe the clause already covers what she seeks to achieve.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I wonder whether the Minister will give a bit of clarity. A lot of the solutions he is setting out are based on the statutory guidance; will we get draft statutory guidance before the Bill receives Royal Assent, or will it only come afterwards?
Edward Argar
The Minister of State, Ministry of Justice
As with other elements, such as the draft victims code, or the draft draft victims code, and the guidance, my intention—I suspect we will come to that when we discuss independent domestic violence advisers and independent sexual violence advisers—is that where possible we will publish as much statutory guidance in draft while the Bill is going through the House. That is facilitated by the fact that this is a carry-over Bill, so there is more time for right hon. and hon. Members to engage with the guidance. It will also inform the latter stages of the Bill’s passage through this House and the other place.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
The Minister referred to the draft draft victims code consultation, but we have been unable to find that, so will he share it with the Committee?
Edward Argar
The Minister of State, Ministry of Justice
Through the Chair and if appropriate, I will ask my officials to communicate via the Clerk where that can be found, so that it can be circulated to Committee members for their information as we continue our deliberations. On that basis, I ask the hon. Lady to consider withdrawing her Amendment.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to discuss Amendment 16, in Clause 13, page 11, line 20, at end insert—
“(c) any guidance prepared by the Commissioner for Victims and Witnesses on collaboration between victim support services.”.
This amendment would require the relevant authorities to consider any guidance prepared by the Commissioner for Victims and Witnesses when preparing their strategy for collaboration.
Anna McMorrin
Shadow Minister (Justice)
I will refer to amendments 15 and 16 together. The Clause outlines that relevant authorities in each police area must prepare a strategy for victim support services. Such collaboration is welcome, but there is one glaring omission: the Victims’ Commissioner.
In previous amendments, we have debated proposed increased powers for the Victims’ Commissioner, who is the one who voices the concerns of the voiceless—the victims. It is therefore imperative that, in the strategy preparation, the agencies must include guidance from the Victims’ Commissioner and consult that office. Only then will victims really have an independent voice advocating for them right down to the local level, where victims will see that most genuine change and impact.
The commissioner’s office can consult on best practice from the very beginning, guiding the authorities to make the meaningful change that the Minister wants the Bill to introduce. It is essential that the Victims’ Commissioner is consulted when the relevant authorities are preparing their strategy for collaboration on victim services; that is why I moved this Amendment and tabled amendment 16. I am sure that the Minister will agree that that is needed in the Bill and that this oversight is simply an error that can be easily fixed.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the Shadow Minister for her amendments and for her exposition of them. I agree with her on the importance of local areas reflecting the views and expertise of those representing the interests of victims when preparing and revising their strategies.
The Amendment would require consultation with the Commissioner for Victims and Witnesses when preparing local strategies, but I stress the existing requirement for the relevant authorities to engage with those who represent victims and providers, as well as other expert organisations. The Clause deliberately does not specify any persons or organisations, to avoid being overly prescriptive.
As a—if not the—leading figure representing victims, we expect local areas to consult the commissioner when preparing their strategies, unless there is a justifiable reason not to do so. We intend the statutory guidance issued under clause 14 to set out who local commissioners might want to consider engaging with, as well as the standards and process for consultation. We believe that that will reflect whom we think should be consulted, but leaves sufficient flexibility, rather than placing a limiting or prescriptive list in primary legislation.
Amendment 16 seeks to require the relevant authorities to have regard to any guidance prepared by the commissioner. We intend the statutory guidance to set out clearly how we expect the relevant authorities to consider commissioning best practice and how to meet the needs of those with protected characteristics. That includes paying due regard to relevant research and reports published by key stakeholders, including the commissioner.
In developing the guidance thus far, the Ministry of Justice has engaged extensively with other Departments, local commissioners, experts and the victim support sector. I am grateful to all who have provided valuable input, including the Office of the Victims’ Commissioner. In light of that and given that we believe in being permissive rather than prescriptive in primary legislation, we think statutory guidance represents the appropriate balance in this space. I encourage the shadow Minister to consider not pressing her amendments.
Anna McMorrin
Shadow Minister (Justice)
I am grateful to the Minister for setting that out: what will be said in statutory guidance and his explanation for deliberately avoiding a prescriptive list in the Bill. However, a reference to the Victims’ Commissioner is the core essence of what the Bill is about. Certainly part 1 is about giving a voice to victims, which is within the remit of the Victims’ Commissioner. I beg him to look at this again, and to be more prescriptive within the statutory guidance to ensure that there is a deliberate reference to the Victims’ Commissioner for those relevant authorities. Would he consider that?
Edward Argar
The Minister of State, Ministry of Justice
I am always happy to consider the suggestions put forward by the hon. Lady.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I beg to move Amendment 90, in Clause 13, page 11, line 19, leave out paragraph (b) and insert—
“(b) any assessment of the victim support services consulted in carrying out their duty under section (12).”
This amendment would ensure that when preparing the strategy for collaboration, relevant authorities must have regard to any assessment of the victim support services consulted under section 12.
This is a probing amendment, which seeks to strengthen the strategy for collaboration by requiring relevant authorities to consider any assessments made under the duty to collaborate. Currently, clause 13 (3)(b) says that when preparing the strategy, relevant authorities must have regard to
“the relevant victim support services which are available in the police area (whether or not provided by the relevant authorities).”
As we have discussed, it is vital for victims’ needs to be considered, and that will take place under subsection (3)(a). However, the strategy must also take into account any review of support services that the relevant authorities may undertake under the duty to collaborate. That is key in preparing the strategy as it will help them to identify gaps in services and where local need for services is stronger.
We cannot simply suggest that authorities consider the support services available; we must ask them to be more ambitious than that. By requiring them to consider any evaluations of services, we can enable them to strengthen the options available for victims and ultimately improve the outcomes of the Bill. Wherever possible, we must ensure that the services available to victims are as strong as they can be. The best way to make that happen is by local partners taking into account local need. However, for that to take place consistently across the country, we must improve the wording of the clause so that all assessments of services are always taken into account.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
I do not have anything to add to what has already been said. I agree with my hon. Friend the Member for Rotherham.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the hon. Member for Rotherham for her Amendment, which, somewhat like amendments 87, 88 and 89, would require relevant authorities for a police area to conduct a joint strategic needs assessment to inform the strategy for commissioning victim support services as part of the duty to collaborate. I am also grateful to her for highlighting that she has approached this as a probing amendment. I will respond to it in that vein, noting again the context of my previous comments about her broader calls for a JSNA.
The Government agree it is vital that relevant support services fit the local needs of victims, and that victims’ needs form the centre of any commissioning decision. Current systems are created so that commissioners place the victim at the heart of commissioning, enabling a bespoke approach rather than a one-size-fits-all approach set nationally.
PCCs are able to allocate the grants and funding supplied by my Department based on relevant needs assessments, which already happen as part of good commissioning processes. Those assessments enable PCCs to target funding into practical, emotional and therapeutic support services for victims of crime, where it is most needed in their area. PCCs, local authorities and integrated care boards are also required to carry out a joint strategic needs assessment under the Police, Crime, Sentencing and Courts Act 2022, which should indicate the level of serious violence and the number of victims affected.
Both domestic abuse and sexual abuse are now considered forms of serious violence—and in my view, rightly so. Local authorities and integrated care boards also already carry out separate assessments that indicate the needs of victims, including the needs assessment under part 4 of the Domestic Abuse Act 2021, which sets out the needs of victims in accommodation-based services, and the JSNA that informs the public health and wellbeing strategy.
Clause 13(3) requires PCCs, local authorities and integrated care boards to have regard, when preparing their joint strategy, to any needs assessments that they have already carried out and that reflect the needs of victims. Statutory guidance will state that relevant authorities should then set out in their joint commissioning strategy how they have had regard to the relevant needs assessments and how commissioning decisions aim to reflect and to meet the identified need.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I pause the Minister at the point of the black hole that he may well be about to backfill. If, in doing the assessment, the authorities found a big gap in provision in, say, Muslim women’s support services, would they then have to fill that gap and provide those services or would they just say, “Oh, that’s awful; we have a big gap in those services”?
Edward Argar
The Minister of State, Ministry of Justice
As I have said in previous responses, the funding is finite. There is a degree of flexibility—not total flexibility, because there are, as she will be aware, some ringfenced pots for police and crime commissioners to address specific needs. They also have their core funding. It is down to them to determine how they spend that funding and that finite pot of money, but having regard to the work that they have done in terms of needs assessments. To be blunt, they cannot spend what they do not have. They have a finite pot, so they will have to determine how that is most effectively used to meet the needs that they have identified.
The victims funding strategy, which we published in May last year, also sets a clear expectation that commissioners should carry out regular needs assessments using all the data required to commission appropriate services for victims in their area, including victims with tailored or specific needs. Due to the recent publication of the victims funding strategy—notwithstanding its genesis back when the hon. Lady and I talked about it in 2018, pre pandemic—we are still in the relatively early stages of assessing its impact and the pull-through into what happens on the ground.
For those reasons, I am not convinced that the Amendment is required to clearly state that joint needs assessments must be considered at this stage. However, I understand the points that the hon. Lady made and, as always and as I have said more broadly in the context of needs assessments, I am happy to converse with her and look to work with her as we go forward.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
For me, this Amendment comes back to the idea that “you only know what you know”. My concern is that if the Minister, the Secretary of State, is clear that this assessment needs to be done and if gaps are found, there is the need to fill those gaps; I still do not have the assurances.
I am thinking of situations where, for example, English is not someone’s first language or they need British Sign Language, or where there are cultural issues and someone wants a culturally sensitive service. I would welcome the opportunity to work with the Minister. The amendment layers on to others that have come previously, which may well be put to a vote at a later point, so I beg to ask leave to withdraw the amendment.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I beg to move Amendment 86, in Clause 13, page 11, line 27, at end insert—
“(5A) The relevant authorities must publish an annual report containing—
(a) information about the action they have taken to implement the strategy prepared under this section, and
(b) information about their compliance with the duty to collaborate under section 12 of this Act.”
This amendment would require the relevant authorities to publish an annual report about the implementation of the strategy and their compliance with the duty to collaborate in the exercise of victim support functions.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to discuss new Clause 9—Reviewing compliance: duty to collaborate—
“(1) A police and crime panel which oversees services in a police area must keep under review how the relevant authorities which provide services in the police area provide those services in accordance with their duties under section (12) and (13) of this Act.
(2) In this section, the reference to a “police and crime panel” is to be read in accordance with Schedule 6 to the Police Reform and Social Responsibility Act 2011.
(3) In this section, “relevant authorities” has the meaning given by section 12(2).
(4) For the purposes of subsection (1), police and crime panels must prepare and publish an annual report setting out how the relevant authorities are fulfilling their duties under section (12) and (13).
(5) A report under subsection (4) must set out, in particular—
(a) how the relevant authorities are assessing the needs of victims;
(b) how the relevant authorities are meeting the needs of victims; and
(c) how the relevant authorities are collaborating to represent the interests of victims.
(6) The police and crime panel must send a copy of any report published under subsection (4) to the Secretary of State.
(7) The Secretary of State must then publish an annual statement on the state of victim support.”
This new clause aims to establish a review of compliance with the duty to collaborate and add in a layer of accountability to oversee this new duty.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
I apologise for taking up so much of the Committee’s time; I am very grateful for everyone’s indulgence. I do it just to try to get the best Bill, one that we can all be proud of.
Amendment 86 would require the relevant authorities to publish an annual report about the implementation of the strategy and their compliance with the duty to collaborate in the exercise of victim support functions, and new Clause 9 aims to establish a review of compliance with the duty to collaborate and add in a layer of accountability to oversee the new duty. This is very much building on the debate that we have been having.
The duty placed on local authorities, integrated care boards and the police and crime commissioners to collaborate in their exercise of victim support functions is an important step towards ensuring that victims receive necessary support. However, although the duty to collaborate is important at the moment, there is no way of measuring the effectiveness of this model.
Although there is a duty placed on PCCs to oversee compliance with the victims code of practice, there is no equivalent duty to oversee compliance with the delivery of victim support services, despite that being a key entitlement under the code of practice. There must be a mechanism to assess and report on the effectiveness of the duty to collaborate. That would ensure compliance and effective partnership working, and—most importantly —ensure that victims can receive the support that they need and are entitled to.
Amendment 86 would require relevant authorities to publish an annual report detailing what actions they have taken to implement the strategy under clause 13 and how they have complied with their duty to collaborate under clause 12. This adds a crucial layer of accountability, ensuring that commissioners comply with the duty with respect to ensuring that support services are in place for victims in their local area and evidencing how they are fulfilling their duties under subsection (1).
Additionally, new clause 9 would place responsibility on the police and crime panel to help review compliance. In 2011, the Government established the police and crime panels to scrutinise police and crime commissioners effectively. They can shine a spotlight on a PCC’s progress against their police and crime plan, providing transparency to the public and enabling them to hold their PCC to account. Panels have a wide remit to review or scrutinise decisions made or actions taken by the PCC in connection with the discharge of their functions. They also have oversight of the PCC’s key documents, decisions and reports, requiring them to provide any information and answer any questions that the panel considers necessary. Each panel is hosted by a local authority within the police force area, known as the host authority. The host authority is responsible for establishing and maintaining a panel and is always represented on it.
The transparency and accountability available to the public through the panel’s ability to scrutinise and publicly report on the progress of a PCC makes panels well- placed to determine the effectiveness of the duty to collaborate model. Integrated care boards must be required to attend these meetings and participate in them, alongside the local authority and the PCC, in order to mirror the duty. Panels make recommendations on the police and crime plan and annual report, which the PCC must take account of and respond to. Panels are also there to support PCCs in their provision of victim support services. Therefore, this role is a logical one for them to take.
The annual reporting by panels on progress made through the duty to collaborate model provides the Secretary of State with a level of necessary oversight, to ensure compliance with the duty and that victims’ rights and entitlements are upheld. The Secretary of State can then make an annual statement on the state of victim support. That analysis can support decisions to take actions of support where necessary, to ensure that the duty is working effectively.
Minister, a level of accountability must be afforded to the duty to collaborate model, to ensure compliance and effective partnership working, and to provide a mechanism for all participants to report publicly on their role in delivering victim support functions. That would help to identify good practice, as well as what needs to be improved, with respect to upholding victims’ rights and entitlements to access support.
As ever, I try to provide an answer for the Minister. This measure seems a simple and straightforward answer, so I am very interested to hear his opinion of it.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
3:15,
4 July 2023
I was the chair of the west midlands police and crime panel, so I suppose I will say that in that role I would have been more than happy to undertake this particular piece of work. The truth is that we count what we care about and we try to ignore everything else. If I were to think about all the different strategies and timeframes for schemes that were meant to be better for victims that I have come across in my 20 years in this area, I would say that they are just sitting on a shelf gathering dust and have meant absolutely nothing on the ground. It would be a very high number—more than the number of amendments tabled by my hon. Friend the Member for Rotherham, but only just. The truth is that unless we have a proper scrutiny function, albeit from the Victims’ Commissioner nationally or through a local situation—as my hon. Friend said, she has basically designed a system that could work perfectly well—my worry is that we will get a lot of nice words saying, “Of course we are going to ensure that all our mental health services are trauma-informed.” It is just words; it does not mean anything on the ground. We need some level of scrutiny on specific outputs, key performance indicators, timeframes, what is improving and what needs to be improved.
This is not about criticism. Domestic homicide reviews, serious case reviews and all the systems we put in to scrutinise post-something terrible happening to somebody or some terrible crime have become a bit of a blame game that, at times, can freeze people into inaction. It should be a process of scrutiny for the good and the bad, for a genuine conversation and for Government to be able to say, “This doesn’t seem to be working. What needs to happen across the country for it to work?”, so I absolutely support the Amendment.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the hon. Member for Rotherham, as ever, for her amendments. Amendment 86 would require the relevant authorities to publish an annual report about the implementation of the strategy and their compliance with the duty to collaborate in the exercise of victim support functions. New Clause 9 would establish a review of compliance with the collaboration duties in clauses 12 and 13 and add a layer of accountability to oversee the new duty by requiring police and crime panels to keep under review how the relevant authorities that provide services in their area are doing so in accordance with their collaboration duties under clauses 12 and 13.
I seek to reassure the hon. Lady that the existing requirements of the duty to collaborate will achieve a high level of transparency and the Government have a plan for an effective system of oversight for this duty, which I will set out. The relevant authorities—police and crime commissioners, integrated care boards and local authorities in England—will already be under an obligation to publish, review and revise their commissioning strategies, including publishing any revised versions or revisions. This is to ensure transparency, as the strategies must contain information on how they consider they are fulfilling or intend to fulfil their duty under clause 12. We intend these strategies to be assessed by the national oversight forum, about which we have spoken previously in Committee and which was announced in our consultation response in 2022. This ministerial-led group will scrutinise the local strategies, assess the effectiveness of collaboration and how well the duty is executed. It will have an ongoing role in monitoring the performance and outputs of local strategies against the objectives that local areas have set.
Under clause 13, local areas must review and revise strategies from time to time so that they reflect the changing commissioning landscape and emerging local need. We expect strategies to be reviewed annually and revised fully approximately every four years. That is an expectation we will test in practice when we consult formally on the statutory guidance in due course. At the point of review and revision, the oversight group will have oversight responsibility to consider whether the next set of objectives set by local areas are ambitious and deliverable. I therefore contend that requiring an additional annual report as intended by amendment 86 is to a degree duplicative of the extant intentions under the clauses.
Sarah Champion
Chair, International Development Committee, Chair, International Development Committee
At this point, does the Minister have details of who will be on the oversight board?
Edward Argar
The Minister of State, Ministry of Justice
It is something that we continue to work through. I have alluded in previous comments to some of those whom we hope will be engaged—the Victims’ Commissioner and others—but if it is helpful, in the spirit of sharing what we have, even as a working document as we work our way through the Bill, I am open to considering sharing that as well with members of the Committee.
Edward Argar
The Minister of State, Ministry of Justice
In that context, I will gently say—and this may be a little less consensual than what I would normally say—that one of the people on the group will be the relevant Minister, but I fear that Opposition Members may have a long wait before that will necessarily apply to them. They may take a different view. On new Clause 9, I agree with the hon. Lady—
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
Just until the next election.
Edward Argar
The Minister of State, Ministry of Justice
Not on that! I agree with the hon. Member for Rotherham on the importance of ensuring appropriate and robust oversight and monitoring of the duty to collaborate. I hope to reassure her that many of her proposals are satisfied by our existing clauses and the Government’s existing plans. Where we have taken a different approach from her recommendations, I will explain our reasoning.
The purpose of the duty is to create a framework that facilitates local collaboration and leads to more targeted and joined-up local commissioning that meets local needs. The measures we are introducing to achieve that are as framed in clauses 12 and 13. As I have said, we will be setting out plans for that clear system of oversight, which we think is essential to ensuring that it meets its aims. The details of that will be set out in statutory guidance. That oversight group will have an ongoing role in monitoring the performance and outputs of local strategies against the objectives that local areas have set. As I have alluded to, under Clause 13 local areas must review and revise strategies from time to time.
I turn briefly to potential membership of that group, to put a little gloss on it that might help to inform any feedback the hon. Lady subsequently wishes to give. It needs to have a representative membership that represents and scrutinises the relevant authorities—police and crime commissioners, integrated care boards and local authorities. Those people will need to have the right seniority to discuss and take decisions on issues relating to the three crime types included in the duty: domestic abuse, sexual abuse and other serious violent offences.
As well as Ministers and senior representatives from the relevant delivery authorities that have the ability to scrutinise local plans, it is important that we are able to bring different perspectives to the discussions. In the case of police and crime commissioners, that could include representatives from police and crime panels or, for example, the Association of Police and Crime Commissioners. We continue carefully to consider what representation may be required and I am open, as ever, to working with the hon. Lady on that.
The statutory guidance will set out clear advice on what form the national oversight structure will take and how the relevant authorities can participate and engage with it. I believe that this national oversight system will be effective, proportionate and less complex than alternative models. I am afraid I do not share the perspective that police and crime panels should take on oversight responsibilities to keep the relevant authorities under review in relation to the duty, and prepare and publish the annual report. I will set out my reasons and rationale for that.
First, the bodies that the hon. Lady would like police and crime panels to scrutinise are subject to different individual accountability arrangements. Under this duty, the Secretary of State will issue guidance to integrated care boards, PCCs and local authorities in relation to their collaboration duties under the Bill. While PCCs are scrutinised by those panels, and can be in respect of any of their functions, they, together with local authorities, are ultimately held to account at the ballot box—I suspect we would all hope to see higher turnouts in elections for those important offices, given the functions they perform, but it is of course the choice of our constituents as to whether they vote.
Secondly, it is important to stress that this is a joint statutory duty placed equally on police and crime commissioners, integrated care boards and local authorities. Victims of domestic abuse, sexual abuse and other serious violent crimes typically access a range of services across health, local authority services and policing provision. That is the primary reason why our duty to collaborate is a joint one.
Police and crime panels are rightly focused on scrutinising the relevant PCC on any decisions and actions taken in connection with the commissioner’s role—again, including this new addition to their obligations—but they do not have scrutiny powers over local authorities or integrated care boards. The proposed clause would therefore require going beyond the role, function and powers of the panels. It would also potentially infringe the independence and respective scrutiny arrangements of the other bodies under the duty. The Government currently have no plans to review the role and powers of police and crime panels or to change their remit.
I turn to the hon. Lady’s recommendation for police and crime panels to publish and prepare an annual report setting out
“how the relevant authorities are fulfilling their duties under section (12) and (13)”,
in particular how they are assessing the needs of victims, meeting the needs of victims and collaborating to represent the interests of victims. The new clause asks police and crime panels to publish that annual report setting out how relevant authorities are fulfilling their duties, in particular addressing those key points that I have highlighted. I would argue this additional layer of oversight is, again, not strictly necessary, given the extant obligation on these authorities to publish their commissioning strategies, and given the statutory duty for those strategies to contain information on how they consider they are fulfilling, or intend to fulfil, the collaboration duty under clause 12.
The hon. Lady touches on an important point about the assessment of victim need, which we have talked about in respect of a number of other clauses. I agree that strategies must be informed by victim need, and I believe the existing requirements of this duty achieve that aim. I highlight that clause 13 already requires relevant authorities to consult persons providing relevant victim support services and people representing the interests of victims, as well as such other persons as the relevant authorities consider appropriate, which will help to ensure victims’ voices are heard.
Clause 13 also requires that strategies should be informed by existing assessments of victims’ needs, including children and those with protected characteristics. Relevant local needs assessments already happen regularly as part of good commissioning practice, and this allows commissioners to ascertain the level of need and demand in a local area to inform local commissioning decisions and to better target activity.
Finally, to address the hon. Lady’s recommendation that the Secretary of State must publish an annual report on how the relevant authorities are fulfilling their duties under clauses 12 and 13, there is already a duty in the Bill for the relevant authorities to include within their strategies information on how they consider they are fulfilling, or intend to fulfil, the duty under clause 12, and those strategies must be published.
I refer to my earlier comments on setting out plans outside legislation for that oversight group. This group is intended to consist of a senior membership with the ability to challenge, question and hold performance to account. I am still of the view that this is the most effective way to ensure the fulfilment of the relevant duties. On that basis, I encourage the hon. Lady to consider not pressing her amendments to a Division.
Stewart Hosie
Shadow SNP Spokesperson (Economy)
With this it will be convenient to consider Clause 14 stand part.
Edward Argar
The Minister of State, Ministry of Justice
The purpose of Clause 13 is to improve how support services for victims are planned locally. Clause 13 requires the relevant authorities to undertake certain activities as part of their duty to collaborate, as set out in clause 12.
Police and crime commissioners, integrated care boards and local authorities within a police area are required, first, to prepare, implement and publish a joint local strategy, setting out how they consider that they are fulfilling, or intend to fulfil, their duty to collaborate in relation to victim support services. Crucially, by ensuring transparency and a better understanding of the aims and approaches of each commissioning area, the strategy will be expected to demonstrate how commissioning areas work together, what their approaches are to commissioning and how their decisions will meet the needs of their community.
Secondly, the strategy must be informed by certain activities, including existing assessments of victims’ needs—including children and those with protected characteristics —and the views of those representing the interests of victims and service providers, ensuring that strategies are developed with the necessary information and the right expertise. Importantly, more effective use of existing joint needs assessments should help to build an improved understanding of local need, and therefore more targeted commissioning activity and better decision making.
Thirdly, the strategy will be reviewed and revised from time to time so that it reflects the changing commissioning landscapes and emerging local need. By increasing collaboration, we expect that local strategies will lead to changes in commissioning processes, including reduced duplication through increased joint working; a common understanding of local need and effective provision; and transparency, including on how decisions are informed by consideration of needs assessments. As a result, victims should experience a more joined-up pathway, resulting in quality support enabled by better co-ordinated and targeted local use of resources and interventions, and timely support facilitated by better joining up so that victims can more seamlessly move between services.
Clause 14 requires the Secretary of State to issue guidance that will support PCCs, integrated care boards and local authorities in carrying out the duty to collaborate. It requires them to have regard to this guidance when discharging their duties under clauses 12 and 13. The guidance will cover topics such as how collaboration is expected to work in practice, information on strategy development and content, and how we expect areas to monitor the impact of the duty.
The clause also requires the Secretary of State to consult relevant stakeholders, such as local commissioners and providers, when drafting the guidance, so that it is useful and reflects the operational reality. The clause is important because it ensures that commissioners are clear about what is expected of them and can carry out activity in a consistent way across England. We anticipate that persons who interact with the bodies subject to the duty will also look at the guidance to understand the expectations for the bodies. Following parliamentary passage of the Bill, we expect to formally consult on the guidance and plan for implementation as soon as practically possible. I commend that clauses 13 and 14 stand part of the Bill.
Jess Phillips
Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)
Clause 13 says that relevant authorities will collaborate on a strategy on aims and approach to commissioning, and that they must engage victims and those who represent victims; again, this must mean specialist service providers for victims—and by that, I mean that those service providers must be specialist. The clause also states that authorities must base their strategy on the needs of victims. We would clarify that this must be according to need. In order for areas to understand their local need, they must consider the volume of victims, the cohort and characteristics of victims, and the impact on victims. The authorities must have all that information, as a needs assessment can only truly be made if we know the facts first; otherwise, it is based not on any understanding, but on perception.
When it comes to gendered violence, the lack of data is a massive issue. It is an issue that is beyond the parameters of this debate, but as we make new law, as we are doing today, we should try to address it. Data is really important to how we do a needs assessment because, I am afraid to say, so much is missing. Take, for example, the outrageous lack of data accessible to fully investigate and comprehend the relationship between protected characteristics and gendered violence. The Femicide Census tells us that in 79% of cases where a woman was murdered by a man during the period of 2008 to 2018, the ethnicity of the victim was not recorded. Although the Office for National Statistics provides an analysis of homicide offences by “ethnic appearance”, the data is not broken down by gender. This must change. We need to make sure that when we are putting together strategies and needs assessments, they are based not on assumptions but on facts. I fear that the current data collection situation, both nationally and locally, does not allow for that process to be as good as it could be.
We are fine for clauses 13 and 14 to stand part of the Bill.
Edward Argar
The Minister of State, Ministry of Justice
I am grateful to the Shadow Minister, particularly for her comments on data. I may not quite be Mystic Meg, but I sense some possible future amendments or at least a debate on this matter when we reach Report stage. I am happy to engage with her on this in the interim, and I am grateful for her support for the clauses.
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A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
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As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
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violence occurring within the family
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