Clause 15 - Guidance about independent domestic violence and sexual violence advisors

Victims and Prisoners Bill – in a Public Bill Committee at 3:30 pm on 4 July 2023.

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Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee 3:30, 4 July 2023

I beg to move Amendment 57, in Clause 15, page 12, line 5, at end insert—

“(c) independent stalking advocacy caseworkers”.

This amendment would ensure the Secretary of State must also provide guidance around stalking advocates, rather than limiting to ISVAs and IDVAs.

Photo of Stewart Hosie Stewart Hosie Shadow SNP Spokesperson (Economy)

With this it will be convenient to discuss Amendment 56, in Clause 15, page 12, line 12, at end insert—

“(c) ‘independent stalking advocacy caseworker’ means a person who provides a relevant service to individuals who are victims of criminal conduct which constitutes stalking”.

This amendment would ensure that the Secretary of State must also provide guidance around any relevant specialist community-based services, rather than limiting to ISVAs and IDVAs.

Sarah Champion, before you speak to your amendments, let me say this: you never need to apologise to this Committee or anyone else for trying to make legislation better.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

That is very decent of you, Mr Hosie. Thank you very much.

Amendments 57 and 56 attempt to ensure that the Secretary of State must also provide guidance around stalking advocates, rather than just limiting it to ISVAs and IDVAs. I hope that I will be able to make my argument to the Minister using his own words from earlier.

The Bill as it currently stands, in my opinion and that of many others, does not go far enough to ensure that victims of stalking will be supported, as it makes no specific reference to this very specific crime. Stalking is a highly complex offence, requiring criminal justice agencies to understand the patterns of obsessive controlling behaviour, which, when seen as individual occurrences, may not appear to constitute criminal practice. Victims of stalking often experience prolonged periods of victimisation, often not reporting stalking behaviour until after they have experienced more than 100 instances. Sadly, criminal justice agencies and inspectorates lack training and expert understanding of the complexities of this crime, and the specific trauma that victims of stalking experience. Furthermore, justice on stalking is not currently being delivered. In 2019-20 there were more than 1.5 million estimated victims of stalking, but just 3,506 stalkers were charged. Only 304 of those charged received custodial sentences.

The Government must prioritise raising awareness and understanding of stalking in criminal justice agencies, because victims are currently falling through the gaps. The Bill represents an opportunity for the understanding of stalking to be improved. By explicitly acknowledging the specific characteristics of stalking, services will ensure victims are not excluded from the right to safety and support.

The Suzy Lamplugh Trust says it welcomes the decision to elevate the importance and understanding of ISVA and IDVA roles under Clause 15. I echo that, and it is very welcome. But while IDVAs and ISVAs do vitally important work for their specific victim groups, they are not necessarily stalking specialists, nor are they expected to be. Stalking is a complex crime, and victims must be supported by specialist advocates who have expertise in the area.

At present, the Bill neglects to include a definition for independent stalking advocates. Given that stalking is often misunderstood by criminal justice agencies, victims of stalking will once again fall through gaps in support if explicit reference to their needs is not made. It is well documented that stalking advocates have a huge impact on improving the experience of victims. Some 90% of respondents to the Suzy Lamplugh Trust’s research “Bridging the Gap” stated that their stalking advocate helped them to navigate the criminal justice system. I thank the Suzy Lamplugh Trust for its help with this Amendment.

Stalking advocates support victims in a holistic way to help them to manage and cope with their situation and to recover from abuse. They carry out risk assessments and ensure that safety plans are put in place to protect victims and those around them, including any dependants, from further harm. Unfortunately, stalking advocates are underused. The Suzy Lamplugh Trust research demonstrates that 77% of stalking victims did not access a stalking advocate; 69% accessed no advocacy at all; only 4% accessed support from a non-specialist service such as an IDVA or ISVA; and just 15% of victims were referred to a stalking advocate by the police, further demonstrating low levels of understanding of stalking in criminal justice agencies.

If clause 15 made specific reference to independent stalking advocates, the guidance that the Secretary of State has committed to issue should include a definition of stalking advocates and clarity on the services they provide. The Suzy Lamplugh Trust has shown that victims not supported by an advocate had a one-in-1,000 chance of their perpetrator being convicted, compared with one in four if they had a stalking advocate. The amendment would not only provide much needed support for victims, but help enable justice to be secured.

This morning, in response to new clause 19, the Minister said:

“Our concern is that the approach set out in the new clause risks excluding or minimising the importance of some of the other service types that commissioners could consider for victims of domestic abuse and sexual violence. As drafted, the new clause could risk creating a hierarchy.”

That exact argument applies here. I completely understand his response to me that ISVAs and IDVAs need specific training for judges to recognise their judgments and advice in courts. Independent stalking advocates receive training and qualifications such as the level 4 ISAS—independent stalking advocacy specialist—course, which is accredited by the University of Hertfordshire.

These are vital professionals who must be included in the Bill. We cannot limit clause 15 solely to ISVAs and IDVAs when so much abuse begins with stalking. We must enable victims of this preventable crime to access support at an early stage that has statutory guidance, just as those who have experienced sexual or domestic violence will be able to.

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding) 3:45, 4 July 2023

In support of amendments 56 and 57, I say gently to the Minister that a one-time Back Bencher who is now Secretary of State for Justice introduced legislation that put stalking protection orders in place. That was undoubtedly based on a harrowing case he came across as the Member for Cheltenham. In my experience of working with him on stalking, he has always been a true and brilliant ally in this space, so I could imagine him moving the Amendment. We could go back to him gently for his agreement to it.

One important thing to mention is that stalking is distinct from the crimes of sexual violence and domestic abuse. Normally, I am on my feet complaining that people do not understand that stalking happens as part of domestic abuse and that someone can be a victim of domestic abuse and coercive control but then, following separation, go on to be a victim of post-separation stalking. That is largely misunderstood by criminal justice agencies.

It is important to put stalking specialists into Clause 15 because there are lots of cases where people are stalked by strangers, work colleagues and housemates. When we debated the Domestic Abuse Bill, an amendment tabled by Liberal Democrat members of the Committee was about whether abuse in a student house share could be considered domestic abuse. Stalking sits distinctly in many cases involving strangers, colleagues and house shares.

Photo of Janet Daby Janet Daby Labour, Lewisham East

I want to highlight the brilliant point made by my hon. Friend, as well as by my hon. Friend the Member for Rotherham. Does she agree that children—girls especially, but boys as well—are often stalked, which is extremely frightening and scary for them, and that that also needs to be highlighted and addressed in the Bill?

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)

Absolutely. For any hon. Member who has experienced stalking themselves—unfortunately, we are a prime category for some of this stalking behaviour—it will not come as a surprise that, from my experience, the first threat place that people go to is to antagonise me about my sons, where they go to school and that sort of information. Children are undoubtedly used, often completely unawares, as part of a pattern of stalking, creating further stress and multiple victims in that instance. Children are often targeted and used in circumstances to attack an adult. As somebody who has run IDVA and ISVA services—in fact, the organisation I used to work for now has specific stalking advocates—I know that stalking is distinct, specific and different. The element of post-separation domestic abuse, as well as the important fact that it is a stranger-based issue, makes the argument for the need for that specialism.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

The Minister argued that IDVAs and ISVAs both engage with the criminal justice sector and therefore need to be recognised as such in the Bill. In my hon. Friend’s experience, is it the same for stalking advocates?

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)

Absolutely. A case that I handled very recently was a post-separation issue, but was not at the relevant risk level. As I said earlier today, a person has to be at incredibly high risk of harm to be allocated an IDVA who will take them through the criminal justice system, or they have to be going through the criminal justice system.

In the case that I handled, a person broke up with somebody who, six months later, started turning up at her place of work. The victim then went to the police station and said, “This is my ex-partner,” but she could not point to any particular history of abuse or anything that had been criminal at the time. She said, “He’s now turning up at my place of work and sending me messages on Facebook,” but that is not at the level that will get anyone access to an independent domestic violence adviser. I immediately said, “Do you have a stalking protection order in place?” She said, “What’s a stalking protection order?” She had been to the police, but she did not have a specialist advocate with her, or even just somebody telling her what question to ask. She now has a stalking protection order in place, because she knows what one is.

There is a need for specialist advocacy in cases that will never breach the criminal space of domestic abuse or the risk level that would allow for an IDVA. That is very important, because those cases can still be criminal without ever touching the desk of one of those agencies. I therefore totally support my hon. Friend the Member for Rotherham, and I imagine that the Secretary of State for Justice may agree with us.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I am grateful to the hon. Member for Rotherham for amendments 56 and 57 and grateful to her and the Shadow Minister, the hon. Member for Birmingham, Yardley, for this debate. The amendments would expand the Bill’s requirement for the Secretary of State to issue guidance on ISVAs and IDVAs so that it also included independent stalking advocacy caseworkers. Specialist stalking services, including independent stalking advocacy caseworkers, do vital work to identify risk and provide practical guidance and safety advice for victims. They can help victims to navigate the criminal justice system. The hon. Member for Lewisham East was right to highlight that this crime can affect children as well as adults, and we should not forget that.

The Government are committed to protecting and supporting victims of stalking. The hon. Member for Rotherham was right to highlight the huge impact that stalking can have and the trauma that can result, and the shadow Minister was adroit at gently reminding me of my boss’s views and work on this subject in the past. For example, the Government introduced stalking protection orders in 2020, and almost 1,000 were issued in the first 23 months. The Home Office also continues to part-fund the national stalking helpline, which is run by the Suzy Lamplugh Trust, to which I pay tribute, and provided £160,430 between April 2022 and March 2023. We have also provided funding for police-led projects to tackle the behaviour of stalkers and thereby provide greater protection to victims. In May, we announced awards to 10 police and crime commissioners to fund perpetrator interventions, wholly or partly, between April 2023 and March 2025.

In the Bill, we have chosen to focus on guidance for ISVAs and IDVAs because the consultation highlighted that greater consistency and awareness of ISVAs and IDVAs was particularly needed, especially given the number now working across the sector. We believe that that can best be addressed through statutory guidance. I agree that independent stalking advocacy caseworkers, or ISACs—I may just stick to the full wording—are important and can be just as effective, but we are not yet convinced that Government Intervention by way of statutory guidance is necessary on the basis of the evidence that we have seen thus far. We do not feel that there is the same pressing need to drive further awareness and consistency of the roles, given the degree of consistency that exists.

I am, however, open to working with the hon. Member for Rotherham—and with the shadow Minister if she wishes to join, as I suspect she might—to continue to reflect on and consider how and whether Government support to independent stalking advocacy caseworkers can be improved. But I also believe that it will be important to assess the impact and effectiveness of the guidance on ISVAs and IDVAs, subject to the passage of the Bill, before considering whether to extend it to other groups in the same format. As I say, I am happy to engage with the hon. Member for Rotherham in that respect.

On the point about hierarchy or the lack thereof, I reassure the hon. Lady that guidance for ISVAs and IDVAs should not be taken to indicate any sort of funding or other hierarchy of them over independent stalking advocacy caseworkers or any other type of specialist support. Funding decisions for different types of support are made by local commissioners based on their assessment of the local need, and the guidance on ISVAs and IDVAs will be explicit that there should be no presumption of a hierarchy when it comes to those funding decisions.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

I just want to re-read the statistic that victims not supported by an advocate had a one-in-1,000 chance of their perpetrator getting convicted, compared with a one-in-four chance for those who had a stalking advocate. The Minister knows that pretty much all my time in Parliament has been spent trying to prevent abuse. This seems a very worthy investment and a very worthy Amendment to the Bill. I will grab with both hands the opportunity to meet him and understand why he does not, at this point, agree.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

We may be spending a lot of time together.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

I am happy to go to a beach somewhere. At this point, I beg to ask leave to withdraw the Amendment.

Amendment, by leave, withdrawn.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

I beg to move Amendment 62, in Clause 15, page 12, line 5, at end insert—

“(c) any other specialist community-based services relevant to the criminal conduct.”

Photo of Stewart Hosie Stewart Hosie Shadow SNP Spokesperson (Economy)

With this it will be convenient to discuss the following:

Amendment 61, in Clause 15, page 12, line 12, at end insert—

“(c) ‘specialist community-based service’ means a person who provides a relevant service to individuals based on a protected characteristics under the Equality Act 2010 or the specific nature of the crime faced by the victim.”

Amendment 58, in clause 15, page 12, line 13, leave out “or (b)” and insert “, (b) or (c)”.

Amendment 59, in clause 15, page 12, line 16, leave out subsection (4) and insert—

“(4) Guidance under this section about service providers under subsection (1) must include provision about—

(a) the role of such providers;

(b) the services they provide to—

(i) victims, including (where relevant) victims who are children or have other protected characteristics, or

(ii) persons who are not victims, where that service is provided in connection with a service provided to a victim;

(c) how such providers and other persons who have functions relating to victims, or any aspect of the criminal justice system, should work together;

(d) appropriate training and qualifications for such providers.”

Amendment 60, in clause 15, page 12, line 28, leave out from beginning to “must” and insert

“The service

New clause 18—Guidance about community-based specialist domestic abuse services—

“(1) The Secretary of State must issue guidance about community-based specialist domestic abuse services.

(2) Guidance under this section must include provision about—

(a) the definition and role of community-based specialist domestic abuse services;

(b) the support that such services provide to—

(i) victims, including (where relevant) victims who are children or have other protected characteristics, or

(ii) persons who are not victims, where that service is provided in connection with a service provided to a victim;

(c) how such services and other persons who have functions relating to victims, or any aspect of the criminal justice system, should work together;

(d) appropriate training and qualifications for providers of such services.

(3) Providers of community-based specialist domestic abuse services must have regard to guidance under this section when exercising their functions.

(4) Any other person who has functions relating to victims, or any aspect of the criminal justice system, must have regard to guidance under this section where—

(a) the person is exercising such a function, and

(b) the guidance is relevant to the exercise of that function.

(5) Subsection (4) does not apply to anything done by any person acting in a judicial capacity, or on the instructions of or on behalf of such a person.

(6) In this section, ‘domestic abuse’ has the same meaning as in the Domestic Abuse Act 2021 (see section 1 of that Act).”

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

The amendments are all on specialist community-based support, which I have a great deal of time and respect for. I know that the Minister is very aware of its value, so I hope that I am pushing at an open door in support of it, even if he might have different opinions about where that support should land.

Going back to Amendment 57, I repeat that the inclusion of guidance and IDVAs and ISVAs in the Bill is genuinely very welcome. I commend the Minister for that, and I mean no disrespect to him in what I will say next: there are concerns that defining only those roles will direct victims to support based in the criminal justice system rather than whichever form suits them best. The Domestic Abuse Commissioner has stressed that most victims and survivors do not go into the criminal justice system, so we must ensure that support and investment beyond IDVAs and ISVAs is easily accessible.

I appreciate that the Minister has made it clear that a victim does not need to report a crime to access support. I am therefore concerned that it is a serious oversight by him not to make it clearer that specialist support that does not go through a criminal footing is equally regarded in the Bill. My amendment 62 complements and reflects the intention behind new Clause 19 in ensuring that all forms of specialist support are seen as just as crucial as that provided by ISVAs and IDVAs. It also aligns with amendment 26, tabled by the hon. Member for Carshalton and Wallington, which I very much support. I am glad that he has brought referring victims to restorative justice services into the debate.

It must be the victim’s choice which route they pursue to cope with and recover from the crimes that have been committed against them. Since the duty on local authorities to provide accommodation-based support was enacted in the Domestic Abuse Act, providing that form of support is now an overwhelming focus within the Majority of local authority commissioning strategies, at the expense of other forms. However, the vast majority of victims also want to access support in the community, with 83% wanting counselling or therapeutic support. For victims of domestic abuse accessing support, 70% would do so via community-based services. According to SafeLives, the vast majority of victims never spend time in refuge accommodation. Women’s Aid’s annual survey reported that, in a single year, 187,000 children and 156,000 women were supported by community-based services. Thank goodness they were there. I commend them. Refuge’s recent report “Local Lifelines” found that 95% of survivors supported by Refuge use community-based services.

For minoritised survivors, accessing specialist support can be even more difficult, so they often turn to “by and for” services that meet them where they are. “By and for” organisations are designed and delivered by the communities they serve, including the deaf and disabled, LGBTQ+, black, Asian and minoritised survivors, and migrant women. Again, thank goodness they are there. Refuge states in its written evidence:

“‘by and for’ services are six times less likely to receive statutory funding than other specialist domestic abuse services and minoritised women are often locked out of support” as a result.

One example of that vital work is Southall Black Sisters, which provides crucial support for black and minoritised women facing abuse. In the oral evidence sessions, Dr Hannana Siddiqui went as far as to say:

“there should not be a statutory definition of IDVA and ISVA because it excludes most advocacy services that we have in community-based organisations, including ‘by and for’ services. Southall Black Sisters, which is a pioneering organisation in advocacy services, does not fit the current MOJ model, which is very criminal-justice focused and largely looks at high-risk cases. We provide holistic services for victims of domestic abuse and a lot of that is advocacy work that sits outside the current definitions.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 15, Q27.]

She also said that the local commissioning bodies may not fund those services if they do not fit the current definitions. That is very much my concern, and the reason for the amendments. Historically, “by and for” services are underfunded anyway, so they could disappear as a result if the Minister does not act now.

End Violence Against Women reported in 2020 that 50% of black and minoritised specialist refuges have been forced to close or taken over by a larger provider due to lack of funding in the last decade. Women’s Aid says that almost a fifth of specialist refuges closed between 2010 and 2017. Services are already reducing rapidly. We cannot allow the measures in the Bill to exacerbate that situation.

Earlier in Committee, I raised the issues faced by children whose parents are paedophiles. Lincolnshire police have now brought in an IDVA-type role, which specialises in supporting families in that situation, and I would like to see that rolled out across the country. My concern is that, as provision for more types of abuse becomes available, if we simply limit the guidance to these two key forms, or even extend the list to include other vital roles, such as stalking advocates, someone will always be missing. We cannot risk specialist support not being given to those who need it because victims end up being pushed towards ISVAs and IDVAs. Community-based specialist support is vital. Such services must also be noted in the Bill and included in guidance, so that all victims can choose the best option for them, whether they choose to pursue justice or not.

Previously, positions of trust were defined in legislation; that made sense and it future-proofed things. Members then went on to define the specific roles, which, at that point, were all statutory, public service roles. As time moved on, and the public sector tended to get taken over by the private sector, that part of the legislation no longer stood the test of time, so we had to amend it. By putting specialist services in the Bill, and hopefully the resulting Act, the Minister will future-proof it against what might happen. For example, we do not know how deepfake abuse will play out, or the other forms we have spoken about, such as fraud. By putting just specialist services in the Bill, any future need of victims will be catered for.

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding) 4:00, 4 July 2023

I rise to speak to new Clause 18—is that where we are at? Yes, because Sarah spoke to all the provisions together. I will make some remarks too, although I imagine they are relatively similar. I should not have called her Sarah; I meant my hon. Friend the Member for Rotherham—I apologise for using her name. I did not say “you”, but I did break that particular protocol. It has been a long day.

Photo of Stewart Hosie Stewart Hosie Shadow SNP Spokesperson (Economy)

Try sitting up here. [Laughter.]

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)

In his remarks, the Minister said that consultation highlighted the need to define IDVAs and ISVAs, and that may well be true in the purest sense of what they were initially intended to be—certainly much more with IDVAs than ISVAs—which was about specific guidance. We had court-based IDVAs when we used to have specialist domestic abuse courts everywhere, and it is absolutely right that it becomes about the criminal justice system.

I have to say that ISVAs were not about the criminal justice system originally, and their services took a much more holistic approach. The term became what we called anyone who supports someone who comes forward about sexual violence and abuse. In domestic abuse services, of course, there were both; we had floating support, housing support and refuge support workers, as well as people who may be going through the courts, so it made sense to have a different name. That is just a potted history of IDVAs and ISVAs.

The consultation may have said that it was important to identify and define IDVAs and ISVAs and to ensure that criminal justice agencies—specifically judges and the courts—take them seriously. Who could disagree with that? However, if we were to consult any agency that runs IDVA or ISVA services, or domestic abuse and sexual violence services, not one of them would think that it should be exclusively about IDVAs and ISVAs. If we are going to lean on consultation in one regard, then the evidence here is that the sector is not against the definitions, but rather the narrowness of the definitions. Throughout the day, the Minister has talked about the danger of narrow definitions—I just point out that irony.

New Clause 18 follows on from the previous debate about community-based, specialist domestic abuse services, which come in a variety of forms. Women and children seek support and help in different ways, including outreach support, floating support, formal counselling and support groups—the list goes on. By only formalising the IDVA models, we risk creating a tiered hierarchy and adversely affecting other models of community-based specialist provision. Once again, that then poses the risk of more generic services, or services that are run in-house.

What is to stop Birmingham City Council saying, “We have a load of ISVAs that work in our service. We are going to train a load of ISVAs and we will take any funding in-house”? I have great respect to Birmingham City Council—I was a member of the council for some years—but it is not a specialist domestic abuse service, and nor should it ever be trusted to be one. It is not independent; they are the people who run the housing; they are the people an ISVA will sometimes have to help a victim take to court—that happens quite regularly. Regarding Victim Support, with the greatest respect to it as an organisation, it is not a specialist sexual violence service, and yet, across the country, it does have ISVA services.

I find the creep towards the generic a worry. Actually, it is not a worry; it is a fact. I have seen it; it is happening, and it has been happening in a new commissioning environment for some time. I have outlined the evidence of the trend already, and the same warnings apply here. Crucially, victims with protected characteristics value and need access to holistic support and intersectional advocacy from organisations led by and for black and minoritised women and those providing specialist advocacy for LGBT+ and for deaf and disabled victims, and I also mentioned specialist services for victims of forces-based violence. Those organisations commonly sit outside the IDVA model but are crucial to the provision of support for such groups.

Another thing that worries me concerns allowing somebody to go into court, be that a family court or another civil court environment for non-molestation orders or other domestic abuse protection orders—there are various different orders, which are currently not worth the paper they are written on, but they exist, so let us pretend they are a solution. If someone does not have an IDVA qualification and is a floating community-based support worker from the local LGBT specialist support service, a judge will not allow that person into the court, because of the idea of that qualification. Also, how do we know that people do not call themselves IDVAs and ISVAs without the qualification? It is not like having a degree; it is a different thing. So there are some real dangers in this. I have seen these things happen. Even though I am qualified in this space, I was not allowed to sit with a rape victim in court recently, because I was not an ISVA. That seems like a—

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)

It does seem like a hierarchy. Obviously, I won the argument on that, but that was what I was initially told. There are many examples of why this is a problem.

Studies have shown that disabled women are twice as likely to experience domestic abuse. They are also twice as likely to suffer rape and sexual assault. Yet, the charity SafeLives’s multi-agency risk assessment conference data shows that, nationally, only 3.9% of referrals are disabled victims. Disabled women are four times more likely to report abuse by multiple perpetrators and to experience abuse for longer. Disabled women are more likely to experience abuse by a family member than non-disabled women. Stay Safe East is a user-led specialist organisation supporting disabled victims, and its experience with clients mirrors those harrowing statistics.

Disabled victims may also face specific forms of domestic abuse or their circumstances or impairment being weaponised against them—for example, control of food or drink or medication, withdrawal of care, restricting access to disability equipment, restricting access to other professional advice or help, theft of benefits, and the threat that they will be put into care or have their children taken away from them. Those specific experiences and intersecting discriminations mean that organisations that can provide tailored and holistic care are crucial and wanted by victims. Likewise, in research by the Domestic Abuse Commissioner, it was found that people wanted specialist services. Those services, such as Stay Safe East, are small—I do not want to speak out of turn, but I think four people work there, so it is not a big organisation. However, it is one of the only specialist domestic abuse organisations; those people are not all IDVAs, yet this is absolutely the specialist agency.

The new Clause and the amendments tabled by my hon. Friend the Member for Rotherham are to try to ensure that judges and police forces—judges more so, but police forces too—will understand. They are quite rigid about who is allowed in, who is not and who they can take advice from. I really worry that we are about to undermine vast swathes of very professional and learned specialists just on the basis of a qualification they do or do not have.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I am grateful to hon. Members for their amendments, and I will seek to respond to them all in turn.

Amendments 62 and 61 would expand Clause 15 so that the Secretary of State would be required to issue guidance about specialist community-based services for victims, in addition to ISVAs and IDVAs. I understand the concerns that the clause’s focus on ISVAs and IDVAs alone could result in the Government being seen to place their focus on them above other forms of community-based support. I recognise that there are mixed views in the sector about that, and concerns have been expressed. Let me reassure the Committee that that is not the case and that the intention behind the amendments can be addressed through other means.

I recognise that ISVAs and IDVAs can be most effective when they are part of a wider support network for victims of sexual violence and domestic abuse. I also know that some victims will benefit from support that is provided by and for people in their own community or particular groups, and I recognise that victims of other crimes may also benefit from specialised support.

The Government agree that there should be no hierarchy when it comes to funding and commissioning support services and that commissioners should commission services that are tailored to the needs of their local population. Where I disagree, and where I suspect the dividing line lies, is the suggestion that the Government should issue statutory guidance on all forms of advocate roles or a wider range of specialist community-based services and that this is the way to do that. I do not believe that that would have the effect desired.

The amendments would encompass a vast range of support services, both nationally and locally. Unlike with ISVAs and IDVAs, we have not yet seen evidence that statutory guidance on all those services would necessarily address known challenges in terms of a need for greater consistency and awareness.

I am committed to working with experts in the sector to get the guidance right, subject to the passage of the Bill, and to avoid inadvertently creating a hierarchy of support services. I am confident that we can prevent that by appropriately framing these roles as part of a wider support sector and by making it clear that commissioners must consider the value of a wide variety of roles when making funding decisions. In the draft guidance I have been working on, that point is made explicitly clear.

We are currently engaging with commissioners and the sector to develop separate guidance for those who commission local support for victims. That will be an important route to ensuring that the variety of support roles are understood by those making funding decisions. I am sure there are other ways we can further make clear the importance of a rich and diverse support sector and, as always, I welcome views from hon. and right hon. Members on that point.

Amendments 59 and 60 seek to facilitate the inclusion of other services in clause 15, which requires the Secretary of State to issue guidance about ISVAs and IDVAs, as well as placing a duty on relevant persons to have regard to that guidance. As I have said, the purpose of clause 15’s focus on ISVAs and IDVAs is to bring much-needed awareness and greater consistency to those roles, following some of the issues raised in the consultation. Although other support services for victims are absolutely vital, it is less clear that statutory guidance setting out roles, services, training and qualifications will help solve particular issues.

I turn now to new clause 18, which would require the Secretary of State to issue guidance about community-based specialist domestic abuse services, in a similar way to how clause 15 requires guidance for ISVAs and IDVAs. Again, I recognise the probably unparalleled expertise of the hon. Member for Birmingham, Yardley on this issue, and I am grateful for the brief, potted history of the evolution of a number of these roles.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I will refrain from biting—I almost did.

To help ensure that women and girls are safe everywhere, in July 2021, we published our cross-Government tackling violence against women and girls strategy. That was followed by a cross-Government tackling domestic abuse plan in March 2022, investing more than £230 million of cross-Government funding into tackling this hideous crime, including more than £140 million for supporting victims and more than £81 million for tackling perpetrators.

Through the commitments set out in those strategies, the Government aim to transform how systems and society respond to violence against women and girls. That is in addition to the increased funding for support services and the increased numbers of ISVAs and IDVAs that I have already referenced. I hope that that demonstrates, to some extent, how we are taking action to further support the sector.

We have chosen a narrower focus for the Bill’s measures to issue guidance than new Clause 18 would. IDVAs are a particular type of community-based specialist support service for victims of domestic abuse; our focus on them is in response to the victims Bill consultation. I know that, as the hon. Members for Rotherham and for Birmingham, Yardley set out, IDVAs are only one part of the domestic abuse support landscape, as they predominantly support high-risk victims. However, as I have said in relation to similar amendments, we do not believe that Government Intervention through guidance issued about all community-based specialist domestic abuse services is the right approach.

The hon. Member for Rotherham said in our debate on new clause 19 that these services offer a vast range of support, including counselling, advice, advocacy and helplines. We want to get the balance right: we want Government intervention only when it is needed and will yield a positive benefit to support services. Our general approach is to set national commissioning standards and then allow local decision making by local commissioners. National guidance, such as the victims funding strategy and the national statement of expectations, sets standards but empowers commissioners to fund services of a quality and type that meet their local needs.

Our view is that additional guidance for ISVAs and IDVAs is necessary, given the growing number of roles and the lack of consistency. However, given the wide variety of roles within all community-based services, it is less clear what guidance about their roles, training and qualifications would bring, except possibly additional complexity and work for them. The key point is that ISVAs and IDVAs are particularly involved with the criminal justice process.

The hon. Member for Birmingham, Yardley highlighted the judicial discretion in this space and the approaches adopted by judges in their courts. I will not stray into that. Although we cannot direct or guide judges because they are quite rightly independent, we can improve their confidence in the professionalism and the work of ISVAs and IDVAs through this guidance, because of that particular intersection with the criminal justice process.

I always welcome further discussion with the hon. Member for Rotherham, as I hope I have made clear in the past few days, but I encourage her not to press the Amendment to a Division.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

I thank the Minister for his comments. I understand but disagree with his argument, but I will not press the Amendment to a vote. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

Photo of Stewart Hosie Stewart Hosie Shadow SNP Spokesperson (Economy)

With this it will be convenient to consider new Clause 8—Assessment of numbers of independent domestic violence and sexual violence advisors, stalking advocates and specialist support services—

“Within six months of the passing of this Act, and annually thereafter, the Secretary of State must—

(a) make an assessment of the adequacy of the number of independent domestic violence and sexual violence advisors, stalking advocates, and specialist support services in each region of England and Wales, having regard to the population in each region, and

(b) publish that assessment.”

This new clause would require the SoS to make an assessment of the adequacy of the number of ISVAs, IDVAs, stalking advocates and specialist support services in each region of England and Wales.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

With your permission, Mr Hosie, I will address Clause 15 and then, once I have heard Opposition Members’ arguments, speak to new clause 8 at the end.

Clause 15 introduces a measure that seeks to improve consistency and awareness of the roles of independent sexual violence advisers and independent domestic violence advisers, who play a crucial role in supporting the needs of victims. We heard during the victims Bill consultation about the need for improved information, awareness and consistency in relation to the ISVA and IDVA roles. In particular, we were told that their remit is not sufficiently clear, which could hamper effective collaboration; that their service provision is not always consistent; and that the existing guidance is outdated and unclear in some places. However, we know that there is a crucial need to allow flexibility and innovation in how ISVAs and IDVAs support victims as an independent sector.

Clause 15 seeks to address that issue by placing a duty on the Secretary of State to issue guidance about ISVAs and IDVAs and placing a duty on ISVAs, IDVAs and other relevant persons to have regard to the guidance. We believe that statutory guidance can strike the right balance by raising awareness and improving consistency without stifling independence and flexibility. It will cover minimum expectations and best practice for ISVAs and IDVAs working with victims and other agencies and services, and will seek to support practical improvements in how agencies work with ISVAs and IDVAs.

We have focused on ISVAs and IDVAs, as they are some of the most common and well-known support roles for victims of sexual and domestic abuse. We recognise the value they add in reducing the attrition of victims who have engaged with the criminal justice process, and preventing them from feeling that they have to drop out at any point. That reflects their crucial role in the criminal justice system in particular. We know that those who received their support are nearly 50% less likely to withdraw from the process. It is also important, as we increase the number of ISVAs and IDVAs to over 1,000 by 2024-25, that the roles achieve greater awareness and consistency to provide the quality service victims deserve.

However, we absolutely do not intend this measure to detract from the important diversity of the wider support sector, or inadvertently to create a hierarchy of support services in which only ISVAs and IDVAs are commissioned or favoured. We are carefully working with the sector to develop the guidance to make sure we get this right. We will ensure that the guidance clearly recognises the wider support sector and makes clear to commissioners their responsibility to consider all victims. That guidance, which will be required by the clause, will therefore meet an evidenced need for a growing part of the support sector. It will be one part of the ongoing and wider work that the Government are focused on to improve support for victims.

Photo of Sarah Champion Sarah Champion Chair, International Development Committee, Chair, International Development Committee

I rise to speak to new Clause 8, which is a slender Amendment and my last, so I hope the Minister will look favourably on it.

For years, as we know from our debates in Committee, victims and survivors have faced a postcode lottery in support services, but access to sexual violence advocates, domestic violence advocates and stalking advocates varies hugely around the country. For the Bill to be successful, we need an accurate picture of what such services look like now. If we do not know where the gaps are, how will we fill them sufficiently?

The Domestic Abuse Commissioner has done excellent mapping work across the country and shown where the gaps are in provision for domestic abuse victims, but victims of all crime face patchy services. Support services differ greatly, depending on where in the country victims access them. As my hon. Friends and I have outlined, stalking advocates are crucial for women all over the country but are rarely accessible for most victims, even though they dramatically increase the chance of prosecution.

ISVAs and IDVAs provide crucial services, but if not all victims can access them, not all victims can have their rights met. The criminal justice system is incredibly difficult to navigate. An advocate is crucial for justice to be achieved and support to be received. I urge the Minister to accept that there are huge gaps in the provision available and, by accepting new clause 8, to require the Secretary of State to carry out a review.

Photo of Jess Phillips Jess Phillips Shadow Minister (Home Office), Shadow Minister (Domestic Violence and Safeguarding)

It would be lovely to know how many ISVAs and IDVAs there are across the country, and what that means, because we also have hospital IDVAs who do not necessarily interact with the criminal justice system at all, but are responsive in accident and emergency. It would be lovely to know that, so I agree with new Clause 8—I had ticked it off eagerly and could not see the number for a moment.

I have some real concerns about the clause standing part of the Bill, in particular about the hierarchy. I will not push the clause to a vote today, as I imagine that this is an area that will evolve. I want to see the professionalism of the sector that I worked for, but perhaps the professionalism of the job that I once had should include something about the levels of pay. I guarantee that writing the level of professionalism into a particular job title will not mean that anyone who does it breaches being paid more than £30,000 a year, if they are lucky. On one side, we want professionalism, but on the other side we are happy to allow a group of, frankly, quite low-paid women to do this very difficult work that we respect enough to write into our law. I have concerns about the clause as a whole, but I will agree that it can stand part for now.

Photo of Edward Argar Edward Argar The Minister of State, Ministry of Justice

I will respond briefly to new Clause 8, tabled by the hon. Member for Rotherham, which seeks to require an assessment of the Secretary of State and that that assessment is published annually.

As the hon. Lady pointed out, understanding the needs of victims and the provision available to them is crucial to ensuring that future services are commissioned and designed to support victims adequately. However, that needs to be appropriately balanced to ensure that processes are not burdensome on the services themselves, which is routinely of concern to them.

Our approach recognises that the needs of victims, and the provision currently available, will differ locally. We therefore devolve responsibility for commissioning and funding to local bodies that can appropriately assess and consider local needs. That ensures a tailored approach to commissioning services for communities. I am pleased to reassure the hon. Member for Rotherham that there are already a range of mechanisms in place for monitoring victims’ needs and the provision of services.

First, the Domestic Abuse Commissioner may, in pursuance of her duties under section 7 of the Domestic Abuse Act 2021, assess, monitor, and publish information about the provision of services to people affected by domestic abuse. Secondly, health and wellbeing boards, of which ICBs are a core member, are responsible for assessing the health and wellbeing needs of their population, and are already under a legislative requirement to publish their joint strategic needs assessments. Thirdly, the Police Reform and Social Responsibility Act 2011 requires PCCs to set out in their police and crime plan the victim services that they are funding for the year ahead. Those mechanisms, and that monitoring of local need, provide the Government with a greater understanding and developing picture of provision. That has in part given way to increased victims funding; we will more than quadruple funding for victim and witness support services by 2024-25. We are also committed to increasing the number of ISVA and IDVA posts funded by the Government to over 1,000 by 2024-25.

In support of these mechanisms, and to improve consistency in measuring the impact of the support services provided to victims, we introduced a core set of metrics, including on outcomes, that are to be collected from all victim support services commissioned through Government funding streams under the victims funding strategy. Furthermore, the duty to collaborate in the Bill will require PCCs, local authorities and ICBs in England to take into account needs assessments when preparing their joint commissioning strategy for the area.

I take the point made by the hon. Members for Birmingham, Yardley, and for Rotherham: we know how many ISVAs and IDVAs we fund via the Ministry of Justice and Government. However, it is sometimes harder to ascertain whether there are ISVAs funded by local authorities, particularly metro authorities, the NHS, or the health system more broadly. We believe that there is robust assessment of what the Government fund and provide. Our concern is that the inclusion of “specialist support services” in the new clause would require us to define them in statute. The term would extend to a wide range of services. That would lead to complexities and challenges of definition; potentially to burdens on services to answer additional information requests from the Secretary of State; and to the inadvertent exclusion of some services. I have sought to give the hon. Ladies reassurance on the measures that are already in place, but I suspect that we may return to this debate on Report.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

domestic violence

violence occurring within the family

Clause

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Secretary of State

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amendment

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.

clause

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.

Minister

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Amendment

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.

majority

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