APPENDIX 16
Memorandum submitted by Refuge
INTRODUCTION TO
REFUGE
Founded in 1971, Refuge has grown from the world's
first refuge to become the country's single largest provider of
specialist accommodation and support to women and children escaping
domestic violence.
Refuge is committed to a world where domestic
violence is not tolerated or ignored and where women and children
can live in safety. In order to achieve our vision we undertake
an integrated approach to:
— Provide high quality services
to women and children exposed to domestic violence.
— Prevent domestic violence
through national award-winning communications campaigns, policy,
training and research.
— Protect women and children
exposed to domestic violence through lobbying for appropriate
legislation and developing best practice approaches to meet their
needs.
As a service organisation, Refuge's strength
is the ability to ensure that the voices of the 80,000 women and
children that we support each year are heard in national decision-making
processes.
EXECUTIVE SUMMARY
Refuge welcomes the Home Affairs Select Committee
inquiry into domestic violence. Thanks to positive legal and policy
changes initiated by Government, domestic violence has undoubtedly
ascended the political agenda since the Committee last met on
this issue.
The Domestic Violence, Crime and Victims Act
(2004), the National Domestic Violence Delivery Plan and Inter-Ministerial
Group on Domestic Violence represent significant steps towards
a cross-governmental response to domestic violence. However, Refuge
is concerned that:
— With the Specialist Domestic Violence
Court (SDVC) Programme as its centrepiece, the Plan is a predominantly
criminal justice response to domestic violence.
— National policy and guidance is not
always implemented at local level resulting in a "postcode
lottery" of responses to victims.
— The Plan does not amount to a fully
resourced and coordinated national strategy.
Although Safety and Justice recognised the need
for an integrated response to domestic violence, legal protection
for victims is not being reinforced by the provision of
appropriate services and effective preventative work. As
a consequence, Refuge's independent domestic violence advocates
(IDVAs) report that the Government's SDVC Programme is being undermined.
The high caseload of each advocate means that women regularly
need to be referred to other domestic violence services for support
between charge and prosecution. However the demand for such services
outstrips supply, increasing the likelihood that women will withdraw
from providing evidence.
It is also important to note that women accessing
IDVAs are in crisis. The absence of immediately available services
represents a lost opportunity to provide vital support and puts
women and children at further risk. The provision of refuge space
remains inadequate[31]
and varying in quality. Furthermore, it remains of grave concern
to Refuge that Supporting People does not fund services for children
or psychological support for women.[32]
The failure to provide appropriate support at the point of need
means that problems are likely to develop and become more entrenched,
thereby requiring additional and more resource-intensive responses
later on.
Despite Government's intention that SDVCs will
act as a "catalyst for a more coordinated approach to domestic
violence at local level", obtaining funds for community-based
domestic violence services is becoming harder. Refuge is increasingly
advised to refer residents to statutory agencies rather than provide
support in-house. Although there is some good practice within
the statutory sector, women and children consistently say they
benefit most from voluntary sector services that reach those who
would otherwise not seek or qualify for help.
Unlike statutory services, Refuge also recognises
and responds to the overlapping impacts of domestic violence on
women and children. The separation of child and adult statutory
services continues to be a major obstacle in effectively meeting
their needs.[33]
Therefore Refuge is encouraged by recent initiatives such as the
Families at Risk Review which indicates that this might change.
Refuge sets out a series of recommendations
to Government in the appendix to this report, addressing many
of the issues raised through our written evidence. Most urgent
is the need for a fully resourced and coordinated national domestic
violence strategy.[34]
1. PROTECTING
VICTIMS OF
DOMESTIC VIOLENCE
Including: police powers and legal protection for
victims; criminal and civil justice processes; Specialist Domestic
Violence Courts; perpetrator programmes
1.1 Criminal justice response
The Government is undoubtedly addressing domestic
violence through new legislation and the development of the Specialist
Domestic Violence Courts (SDVC) Programme. However:
— Although successful prosecutions
are increasing,[35]
reported cases represent only a fraction of all domestic violence
incidents since the vast majority of women do not engage with
the criminal justice system.
— The Government definition of domestic
violence excludes under 18s. Young people aged 16-18 experiencing
intimate partner violence are unlikely to receive support from
children's services, so are not protected.
— Women from black and minority ethnic
(BME) backgrounds are often unaware of the legal protection that
exists.
— The law does not offer a clear route
for the successful prosecution of domestic violence perpetrators
whose victims commit suicide.[36]
1.2 Domestic Violence, Crime and Victims Act
(2004)
Whilst supporting measures within the Act, Refuge
is disappointed it has taken five years to implement some of the
basic changes promised by Government[37]
and that sections 9 (domestic homicide reviews) and 12 (restraining
orders) remain outstanding.
It is almost impossible to gain national data
indicating how the Act is being implemented. However based on
regional and local learning, Refuge has the following concerns:
1.2.1 Section 1 (making breach of a non-molestation
order a criminal offence)
— The courts have not been trained
on how to handle these cases with judges and legal advisors unsure
how to proceed.
— Breach of an order by contacting
the victim directly (often numerous times) is not resulting in
police action unless a woman is directly threatened.
1.2.2 Section 5 (causing or allowing the
death of a child or vulnerable adult)
— A proposed Lords amendment that courts
should consider domestic violence in deciding what constitutes
"reasonable steps" to protect was removed as the Bill
passed through Parliament.[38]
Refuge is aware of four cases that have since gone to court under
section 5, at least two of which involved domestic violence.[39]
In three of the cases the mother's partner was found guilty of
murder and the mother guilty of familial homicide.[40]
— Refuge remains concerned that a young
person under 16 years could be convicted of familial homicide
if they are the parent of a child that has died, even when they
have not played a role in the death.
1.2.3 Arrest, charge and bail
— Police targets based on sanction
detection rates mean cautions are easier to achieve. Despite ACPO
guidance to the contrary, Refuge is aware of high caution rates
across the UK.[41]
— In some London Boroughs less than
10% of all reported domestic violence incidents result in arrest
and charge.[42]
— Refuge's experience is that the police
often fail to collect the best possible evidence.
— Police have reported concerns in
accessing domestic violence coordinators through CPS Direct,[43]
with the result that some lawyers are advising against charging
in domestic violence cases.[44]
— Refuge's IDVAs regularly receive
crisis calls from women whose perpetrator has been released on
bail without them being notified.[45]
1.2.4 Court processes and sentencing
— Refuge's IDVAs report ongoing problems
regarding access to special measures.
— Perpetrators who conduct their own
defence as a means of further abusing the victim are increasingly
supported in this process by cuts in legal aid.
— Provocation continues to be recognised
as a partial defence.[46]
— Domestic violence has the highest
rate of repeat victimisation than any other crime yet the courts
do not accept evidence of previous incidents.
— The impact of psychological abuse
is not understood and accepted by the courts in the same way as
psychiatric abuse.[47]
— In Refuge's experience, high levels
of conditional discharges are being awarded, essentially letting
the perpetrator off.
— Refuge is extremely concerned by
recent cases where men found guilty of extreme violence (beating,
branding and slashing)[48]
received only small fines.
1.2.5 Perpetrator programmes
— Refuge is concerned about the extent
to which perpetrator programmes are being used as alternatives
to custody, resulting in domestic violence cases being treated
"differently" and with more leniency than other violent
crimes.
— A survey of 15 probation areas in
England and Wales showed that lengthy waiting lists for Integrated
Domestic Abuse Programmes (IDAP) are placing women and children
in danger.[49]
— Perpetrators are being put on anger
management courses, widely regarded as dangerous and ineffective,
which compromise the safety of women and children by not including
partner outreach as an essential component.[50]
— Refuge is aware of at least one case
where a perpetrator programme has offered false hope to professionals
with disastrous consequences.[51]
1.2.6 Independent Domestic Violence Advocates
(IDVAs)
— The absence of support for children
remains a major weakness within the IDVA programme.
— Case work loads for IDVAs are extremely
high.
1.3 Civil justice response
1.3.1 Child contact
— In Refuge's experience, many women
wish to avoid contact in order to keep themselves and their children
safe.[52]
— Whilst the Government has issued
best practice guidance for the courts and other professionals
on how to deal with child contact cases also involving domestic
violence, Refuge understands that these are not always adhered
to and are insufficient to protect women and children from the
risks associated with on-going contact with the perpetrator.
— Separate representation for children
in private family law proceedings such as contact and residence
is rare.[53]
— The use of domestic violence expert
witnesses is almost non-existent in the family court system and
is set to get worse in light of proposals such as those set out
in "Bearing Good Witness".[54]
1.3.2 Access and affordability
— Civil law offers vital protection
for victims but can cost victims tens of thousands of pounds.
Refuge is concerned that ordinary citizens can not afford "justice".
— Refuge is aware of cases where the
perpetrator deliberately pursues matters through the courts until
the woman's resources are exhausted.
1.3.3 Integration of the criminal and civil courts
— Family and criminal courts can and
do make orders which are at variance.[55]
2. PROVISION
OF SERVICES
FOR VICTIMS
OF DOMESTIC
VIOLENCE
Including: support for victims; multi-agency approaches
and barriers to their effective operation
2.1 Coordinated community response
— Women's organisations such as Refuge
have created innovative forms of provision that are now considered
essential responses to domestic violence.[56]
However, the domestic violence voluntary sector is under-resourced,
over-stretched and unable to plan long term.
— Whilst Refuge is supportive of mainstreaming
services into the statutory sector, there is a danger that community
based services and the specialist knowledge they possess will
become marginalised.
— Refuge's experience is that women
and children want choice about where they access support and say
that statutory services are unavailable at the point of crisis;
have thresholds that exclude them; fail to see the whole picture;
do not provide consistent support and are rarely long term.,
— The statutory sector rarely involves
women and children in designing, monitoring and evaluating their
services.
2.2 National Service Standards
— Refuge is concerned that the current
draft of the national standards are overly complicated and will
place heavy burdens on providers.
2.3 Lack of integration between national and
local agendas
— It is unclear how the work of local
authorities is coordinated through and accountable to the national
domestic violence delivery plan, for example, local authorities
are not mandated to provide domestic violence services.
2.4 Local Area Agreements (LAAs)
— Refuge is advocating for one of the
new 200 national level indicators to address domestic violence.
— LAA pilots suggest domestic violence
targets are being located in the "safer and stronger communities"
block of LAAs,[57]
reflecting the national tendency to adopt a criminal justice approach
to domestic violence.
2.5 Multi-agency responses and barriers to
their effective operation
— Structures such as Multi Agency Risk
Assessment Conferencing (MARAC) only assist the highest-risk cases.
— There is no consistent national MARAC
model and this can lead to ineffective and inappropriate practice.
— Concerns around patient confidentiality
often mean a lack of participation by GPs and Health Care Trusts.
— There is confusion among agencies
about what information can and should be shared.
— The policy and service divisions
between adult and children's services make multi-agency working
difficult.[58]
2.6 Supporting People
— The Supporting People national outcomes
framework is inappropriate for domestic violence victims.[59]
— Specialist services for BME women
are increasingly being absorbed into generic services.
— Housing Associations are being awarded
contracts despite having no experience of supporting this client
group.
— Funding is short-term making it difficult
for refuges to plan and ensure continuity of service for residents.
— Some local authorities are misunderstanding
the new gender equality duty to mean that they must provide the
same services for men and women. This means that women-only services
are experiencing difficulty in renewing existing contracts.
2.7 Refuge space
— A report on funding to women's refuges
in London confirms that significantly more bed spaces are needed.[60]
— Single women who have experienced
domestic violence are finding it almost impossible to access local
authority housing and this is blocking vital bed spaces.
2.8 Psychological services
— Research shows that women subjected
to domestic violence are at risk of post-traumatic stress, depression,
anxiety, self-harm and suicide.
— Statutory services are unable to
respond to women and children at the point of crisis and reduce
the risk of more serious difficulties from occurring.
— Refuge lacks funds to provide psychological
support to all our residents.
2.9 Children's services
— Children are at similar psychological
risk and experience emotional and behavioural difficulties; as
well as problems in their physical development and health.
— Children at Refuge are likely to
have changed school frequently, negatively impacting their academic
performance and leaving them isolated and without a stable social
network.
— There is little statutory funding
for children's services in refuge and community settings.
— Residents are unable to access programmes
such as Sure Start due to joining criteria.
2.10 No recourse to public funds
— Women and children without recourse
to public funds receive no benefits and cannot pay for refuge
accommodation.[61]
— Accessing funds from local authorities
for this group of women is rarely successful[62]
and some local authorities are threatening to put children into
care rather than provide financial support.
— Refuge is concerned about wider Government
proposals to address forced marriage, in particular the proposal
to increase the waiting period for a British subject to sponsor
a foreign spouse from two years to five.[63]
2.11 Financial and social exclusion
— Women and children escaping violent
partners have often experienced financial abuse and live in poverty,
relying on benefits to establish independent lives.
— As a consequence of moving away from
supportive family and social networks, women are unable to afford
childcare that would enable them to work.
— Children who spend long periods in
temporary accommodation are thought to be amongst the most excluded,
disadvantaged children in the UK.
3. PREVENTATIVE
WORK
Including: public education and awareness raising
3.1 Public education
— Myths that uphold the belief that
women, enjoy, provoke or deserve violence are often reflected
in professional practice and in society thereby allowing men to
continue their abusive behaviour.
— Refuge campaigns to raise awareness
of domestic violence among key professionals and the general public
yet this work is not Government funded and is carried by a small
communications team.
3.2 Education in schools
— Girls aged 16-18 report an alarming
amount of abuse from their boyfriends.[64]
— Refuge is encouraged that Government
has begun to educate children and young people about domestic
violence but is concerned that teaching is not yet universally
available and does not start early enough to lead to behavioural
change.
31 Despite the 1975 House of Commons Select Committee
on Violence in Marriage recommending at least one refuge space
per 10,000 head of the population; and as outlined in Best Value
Performance Indicator 225. Back
32
Even though children make up two-thirds of refuge residents. Back
33
Despite Lord Laming recommending the development of integrated
structures for children and families following his inquiry into
the death of Victoria Climbie. Back
34
The need for a coordinated national strategy on domestic violence
was recognised by all the candidates of the recent Deputy Leadership
contest: politics.guardian.co.uk/women/story/0,,2100975,00.html Back
35
From 46% in 2003 to 65% in 2006. Back
36
Refuge is campaigning for an offence of Liability for Suicide
(see www.publications.parliament.uk/pa/cm200506/cmhansrd/cm061018/debindx/61018-x.htm
and Refuge's response to "A New Homicide Act for England
and Wales" (June 2006) www.refuge.org.uk/policyAndResearch.htm) Back
37
Sections 1 and 4 were only implemented on 1 July 2007. Back
38
publicwhip.org.uk/division.php?date=2004-03 09&number=1&mpn=Lord_Grocott&mpc=Lords&house=lords Back
39
Rebecca Lewis: news.bbc.co.uk/1/hi/wales/south_west/6107138.stm
Lun Xi Tan: news.bbc.co.uk/1/hi/england/south_yorkshire/6159034.stm Back
40
Sandra Mujuru: cps.gov.uk/London/case-studies/first_familial_homicide_conviction/
Rebecca Lewis: news.bbc.co.uk/1/hi/wales/south_west/6107138.stm
Hayley Kenny: news.bbc.co.uk/1/hi/england/beds/bucks/herts/6266521.stm Back
41
The Association of Police Officers (ACPO) is currently mapping
the use of police cautions. Back
42
For example, in Hammersmith and Fulham only 201 perpetrators were
charged although there were 2,574 reported incidents of domestic
violence between March 2006 and February 2007. Back
43
Despite nearly a quarter of all calls to CPS Direct (out of hours
service) in 2006-07 relating to domestic violence incidents. Back
44
Police and Crime Standards Directorate (2006) Lessons Learned
from Domestic Violence Enforcement Campaigns. Back
45
Despite the CPS Guidance on Prosecuting Cases of Domestic Violence
containing a checklist outlining the method by which a victim
should be informed of bail decisions. Back
46
Harriet Harman recently outlined the need to scrap the defence
of provocation in murder cases saying: "we need an end to
the culture of excuses . . . a man who kills his wife can get
away with murder". Back
47
This has relevance for abused women who: kill their partners;
are accused of causing or allowing the deaths of their children;
lose their children to adoption; who commit crimes; and who take
their own lives: politics.guardian.co.uk/women/story/0,,2100975,00.html Back
48
Colin Read: www.refuge.org.uk/news.html?newsID=221 Back
49
National Association of Probation Officers (January 2007). Back
50
This is provided as part of an IDAP. Back
51
The recent Serious Case Review into the murder of Child "B"
by Westminster Local Safeguarding Children Board. Back
52
It is recognised that women experiencing domestic violence are
most at risk after they have left the perpetrator. It is also
recognised that the presence of domestic violence is a risk factor
in child contact proceedings. Back
53
See Refuge's response to "Separate Representation of Children"
(September 2006)
www.refuge.org.uk/policyAndResearch.htmhttp://www.refuge.org.uk/policyAndResearch.htm Back
54
See Refuge's response to "Bearing Good Witness" (May
2007) www.refuge.org.uk/policyAndResearch.htm Back
55
For example, a mother with a restraining order against a perpetrator
is ordered to meet him to facilitate child contact. Back
56
CWASU (2007) What is a VAW Service? Back
57
LGA (2006) Work to address domestic violence and local area agreements:
where does it fit? Back
58
Although there have been improvements as a result of Every Child
Matters and the Families at Risk Review. Back
59
Jane Keeper, Refuge's Director of Operations and Dr Ravi Thiara
have developed and piloted an alternative model of outcomes for
domestic violence victims through service-user consultation. Back
60
Women's Resource Centre (2007) Funding of London Women's Refuges. Back
61
Refuge is unique in that we are continuing to accept women in
our refuges with no recourse to public funds: it costs us around
£180,000 a year to support 20 women. Back
62
Despite guidance from Government outlining to local authorities
how they can help: www.womensaid.org.uk/downloads/Letter_from_Home_Office_toLAs_norecourse.pdf Back
63
Forthcoming from the Borders and Immigration Agency: "Marriage
to Partners from Overseas". Back
64
NSPCC (2006) Casenotes. Back
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