APPENDIX 32
Memorandum submitted by the Fawcett Society
1. SUMMARY
The Fawcett Society welcomes this opportunity
to give evidence to the Home Affairs Committee. This response
argues that:
— There are links between all
forms of violence against women, and the government therefore
needs to adopt an integrated strategy on violence against women
in order to tackle this issue effectively.
— While we acknowledge recent
progress in criminal justice responses to domestic violence, as
the evidence presented here demonstrates, there are still considerable
deficits in the numbers of domestic violence cases achieving convictions
in comparison with the average conviction rates for overall crime.
— The fact that significant
numbers of women are still being turned away from domestic violence
shelters due to lack of space indicates serious problems of under-funding.
— Current practices of providing
short-term funding for specialist domestic violence services are
leading to instability in the sector and gaps in service provision
for particularly vulnerable groups of domestic violence victims.
2. THE
FAWCETT SOCIETY
The Fawcett Society is the UK's leading
gender equality organisation. Since 2001, we have been contracted
by the Home Office to run the Gender and Justice Policy Network
(GJPN), a group of 80 experts, academics, practitioners and NGOs,
who provide gender expertise on criminal justice policymaking.
We also run the Commission on Women and the Criminal Justice System,
a unique inquiry bringing together experts from all parts of the
system to examine the way women are treated as victims, offenders,
defendants and practitioners.
3. DOMESTIC
VIOLENCE
— An estimated 931,000 women
are victims of domestic violence every year.[200]
— Domestic Violence is linked
to other forms of violence against women (VAW). The impacts of
domestic violence, such as post-traumatic stress disorder and
depression, are common effects of other forms of VAW.
— VAW is both a cause and consequence
of gender inequality. As well as domestic violence, VAW includes
rape and sexual violence, sexual harassment, female genital mutilation,
forced marriage, stalking, sexual exploitation, and crimes in
the name of "honour".
— Victims of domestic violence
have needs which cut across a range of policy areas including
criminal justice, housing, social care, work and benefits, health
and education.
4. OVERALL
RECOMMENDATIONS
— This inquiry should be expanded
to examine all forms of violence against women.
— The government should develop,
resource and implement a coherent integrated strategy on VAW.
This strategy should include indicators and targets for reducing
all forms of VAW, including domestic violence (DV).
— Ongoing statutory "core"
funding should be allocated at a sufficient level to run appropriate
domestic violence services.
— The government must publish
comprehensive statistics on both DV and all forms of VAW on an
annual basis. These statistics should be broken down by ethnicity,
religion, disability, age and sexual orientation.
— Information sharing agreements
should be developed between criminal justice, health and social
care agencies in order to tackle violence more effectively.
— Referral procedures across
government agencies to DV and VAW services need to be improved.
— Prevention strategies, including
educational interventions and work to change public attitudes,
should be prioritised as a means of reducing incidences of VAW.
5. POLICE
— Since 2005, ACPO's guidance
on dealing with cases of DV has been rolled out through the Centrex
training package for all police officers and support staff; this
training is due to be completed by 2008.[201]
— Less than 35% of domestic
violence is actually reported to the police.[202]
— Evidence shows that women
may choose not to report domestic violence to the police either
because they feel excluded from the criminal justice system by
virtue of their gender, ethnicity or class, or because they doubt
the efficacy of this route for dealing with DV.[203]
— The British Crime Survey for
2004-05 reports that 401,000 police interviews were held concerning
domestic violence. Given that 3,100 domestic violence cases were
charged for prosecution by the CPS in December 2006, it is clear
that the majority of cases are discontinued either by the police
or the CPS.
Recommendations:
— While the Centrex training
programme is a welcome development, its effectiveness in building
capacity across the police force to deal with DV must be evaluated.
— There is a need for the police
to produce more comprehensive statistics on levels of reportage
and outcomes of DV and VAW cases.
— Police must work closely with
the CPS to ensure that the strongest possible case is built as
early as possible in cases of DV.
6. CPS
— Since February 2005 over 2,800
Crown Prosecution Service (CPS) staff have been trained to handle
domestic violence cases.
— Overall, the conviction rates
for cases of domestic violence which are charged for prosecution
are increasing. In December 2006, 2,065 or 66% of cases led to
convictions, compared with 46% in 2003.[204]
— While the CPS has taken many
positive steps recently in developing national policies on domestic
violence, evidence suggests that work is required to improve local
implementation of these policies.
— The current conviction rate
of 66% of domestic violence cases recorded by the CPS is still
well below the national average of 83.7% for all cases prosecuted
by the CPS.[205]
— Only 55.5% of DV cases brought
to the CPS by police in 2006-07 were charged for prosecution.
— There are still significant
numbers of domestic violence cases being discontinued by the CPS,
after being charged for prosecution. In 2006, 30% of cases were
dropped.[206]
This compares with a discontinuance rate of 10.8% for all cases
handled by the CPS.[207]
— It is also worth noting that
28% of DV victims retracted their statements in December 2006,
for reasons including fear for their own safety.[208]
— There is still a significant
problem with under recording of domestic violence within the CPS.
Although improvements have been made in this area, the CPS estimates
that domestic violence was under recorded by 18% in December 2006.[209]
Recommendations:
— The CPS must work to ensure
that national policies are consistently implemented at the local
level.
— The reasons behind the disproportionate
number of discontinuances and non-convictions of domestic violence
cases must be investigated and addressed.
— Further work must be done
to ensure that domestic violence cases are consistently recorded
by the CPS.
— While it is welcome that CPS
domestic violence statistics are broken down by ethnicity, it
would be more helpful if the outcomes for different ethnic groups
were recorded, and if statistics were also broken down by other
factors, such as disability, sexuality and mental health.
7. SPECIALIST
DOMESTIC VIOLENCE
COURTS
— In the last year, Specialist
Domestic Violence Courts have been expanded, with an increase
from 49 to 64 announced by the Home Office in December 2006.
— There is evidence of significant
increases in successful prosecutions where specialist courts are
used. In 2005, while 59% of all domestic violence cases recorded
by the CPS led to convictions, 71% of cases tried in specialist
courts led to convictions.[210]
Recommendations:
— Specialist DV Courts need
to be made available in all areas. There is currently a huge geographical
variance in their availability.
— Work needs to be done to integrate
DV courts with Independent Domestic Violence Advisors, sanctuary
schemes and refuges.
8. FAMILY
COURTS
— Women remain at a very high
risk of violence and of being killed after leaving violent partners.[211]
— Only 10% of contact cases
where domestic violence is cited end with an order for indirect
contact or no contact.[212]
— 29 children in 13 families
were killed between 1994 and 2004 as a result of contact arrangements
in England and Wales.[213]
— A survey in 1999 of 130 abused
women (in which 76% of children were abused during court ordered
contact) found that 30% of mothers were told by the judge that
domestic violence was not relevant. Furthermore, 39% of mothers
were threatened with imprisonment for refusing to comply with
a contact order and 25% were warned that residence might be granted
to their abusive partner.[214]
Recommendations:
— Family courts should operate
on the presumption that a parent found to be violent in the family
should not be granted contact or unsupervised contact unless the
court is satisfied that this will be safe for the mother and child.
— More thorough use should be
made of court's powers to attach conditions to contact orders.
This would involve making contact dependent on the attendance
of a parenting class, counselling or other programmes where there
has been a domestic violence conviction.
— Increased funding for centres
where non-resident parents can have supervised contact with their
children and for perpetrator programmes for parents convicted
of domestic violence.
9. SUPPORT
FOR VICTIMS
— Despite the 26% increase in
specialist domestic violence residence properties from 2002 to
2005, there are still only 3851 residential units across the UK.
These units provided accommodation for 19,836 women in 2004-05.
Outreach provision now extends to 196,205 women.[215]
— During 2006-07, 21 refuge
providers in London turned away over 2,300 requests for support
from women, overwhelmingly because the refuge was full.[216]
— Funding for shelters is increasingly
patchy and short-term, as it is provided through procurement or
commissioning services rather than grant making or long-term investment
in services. This means that the sustainability and provider diversity
of the women's voluntary sector is increasingly threatened.[217]
— Since 2003, Supporting People
has been the main funding source for the provision of domestic
violence services. While the accreditation and a quality assurance
process has been improved in some areas, many providers have found
that the heavy administrative burden has decreased their capacity
to provide front-line services. Many local services have had their
funding cut, and some smaller services have been forced to merge,
or have been closed or taken over by larger Registered Social
Landlords.[218]
— Within London, over 30% of
supporting people contracts for refuges are set to remain at the
same level of funding through 2007-08 as they were at in 2006-07—which
represents a loss of income in real terms. 16% of contracts have
had funding reduced to deliver the same number of support units.[219]
— Providers with lower than
average unit prices were 60% more likely to report 10% or more
of women returning to perpetrators after leaving refuges.[220]
— Under the current funding
regime, less than half of all providers within London have been
able to make financial provisions to cover redundancies, maternity
cover and enhanced leave, sick leave and pension contributions
for staff. 70% have experienced problems with recruiting staff
with appropriate levels of skill and experience.[221]
— The Department for Communities
and Local Government has announced that every local authority
in the country should offer sanctuary schemes to victims of domestic
violence. A sanctuary scheme creates a "safe room" within
the victim's home and is intended to allow the victim to stay
in their own home if the perpetrator no longer lives there. However,
there is concern that sanctuary schemes are often not supported
by appropriate services.[222]
Recommendations:
— Ongoing statutory `core' funding
should be allocated at a sufficient level to run appropriate domestic
violence services. Funders of DV services should provide annual
inflationary increases as a minimum standard.
— Priority must be given to
ensuring the ongoing financial viability of small, specialist
providers, who have the ability to meet the specific needs of
the particular groups of victims mentioned below.
— The Home Office, which funds
many of the existing specialist domestic violence services, must
work with local government and other bodies to ensure adequate
support is provided to victims.
— Local authorities must acknowledge
that sanctuary schemes are not an adequate solution to DV in themselves,
and processes to ensure the consistent provision of additional
support and alternative accommodation options must be put in place.
SPECIFIC GROUPS
It is important to recognise that victims
of domestic violence are not a homogenous group and that they
have varied and often complex needs. This section looks at some
of the needs of different groups of DV victims, and the extent
to which they are met by current services.
10. SINGLE
WOMEN
— The majority of rooms in DV
refuges are designated for families.[223]
— Over 25% of women in refuges
do not have children.[224]
— Single women moving on from
DV refuges face difficulties accessing accommodation, despite
the rights they hold under the Homelessness Act 2002. A Scottish
study found that only 43%-68% of authorities routinely accept
single women escaping domestic violence as "vulnerable".[225]
Recommendations:
— There is a need for Local
authorities to take their duties towards single DV victims seriously,
and to allocate funding for housing for this group.
11. HOMELESS
WOMEN
— There is at present minimal
homelessness hostel provision for women who face the complex difficulties
which are associated with a history of domestic violence.[226]
— 63% of homeless women cite
DV as a primary reason for homelessness,[227]
and one in seven victims of DV are homeless.[228]
— Despite this, only 52% of
homeless hostels in London have women-only areas, 92% have no
policy on VAW, and 65% do not liaise with any outreach projects
for DV.[229]
Recommendations:
— Local authorities must ensure
that appropriate, single-sex homelessness hostel provision which
meets the needs of DV victims is consistently available.
— The fact that a significant
number of women who experience DV become homeless underlines the
need to increase the funding capacity for DV services, and to
expand referral routes.
12. SUBSTANCE
USE
— Women experiencing domestic
violence are up to 15 times more likely to misuse alcohol and
nine times more likely to misuse other drugs than women generally.[230]
— Despite this, there only a
small number of organisations in the UK where initiatives are
being developed that address both substance use and domestic violence.[231]
— Research shows that the majority
of DV victims who access support services are assisted by either
substance misuse agencies or DV services.[232]
This means that the opportunity to effectively combat both problems
is missed.
Recommendations:
— There is a need for funding
to support capacity building within existing services and provision
of appropriate accommodation for victims of DV with substance
misuse issues.
— There is a need for more awareness
among substance misuse professionals on this issue, and consistent
procedures for referral to DV services.
13. ETHNIC
MINORITY WOMEN
— A woman experiencing domestic
violence contacts agencies 11 times before getting the help she
needs, and this rises to 17 for black women.[233]
— Nationally only 30 refuge
providers specifically support Asian women, and only 6% of local
authority areas have specialist refuges.[234]
— A recent survey of refuge
providers in London found that specialist services for ethnic
minority women were more likely to have to turn women away due
to lack of space.[235]
— Discriminatory attitudes and
lack of cultural awareness can prevent agencies from dealing effectively
with violence against ethnic minority women.[236]
— Language barriers can prevent
foreign-born women from accessing services.
Recommendations:
— There is a need for increased
funding for specialist provision and capacity building within
existing services to ensure the needs of ethnic minority victims
of DV are met.
14. VICTIMS
WITH INSECURE
IMMIGRATION STATUS
— This group includes women
who are subject to forced marriage and crimes in the name of honour,
and "mail-order" brides—and therefore women who
are often at increased risk of violence.
— In 2006-07 within London,
18 DV refuges had to turn away 222 requests for services from
women with no recourse to public funds.[237]
— In 2003, DV Refuges were only
able to accommodate approximately a third of the women with no
recourse to public funds that approached them for emergency accommodation.[238]
— Refuges report that it takes,
on average, 6-24 months for women's immigration application to
be determined, during which time they have no access to public
funds.[239]
— Victims of DV with insecure
immigration status also face reduced access to other services
such as healthcare, education, housing, and legal aid.
Recommendations:
— We fully support Southall
Black Sister's campaign for women experiencing any form of VAW,
who are subject to immigration control, to be made exempt from
the "no recourse to public funds" rule. This would enable
women to leave violent situations, access support, report violence
and where appropriate make use of the domestic violence and immigration
concession.
15. FEMALE
OFFENDERS AND
DOMESTIC VIOLENCE
— More than half of women in
prison have experienced domestic violence,[240]
compared to one quarter of all women.[241]
— The experience of prison can
be particularly traumatic for victims of violence.
Recommendations:
— The government should develop
a national policy framework, as part of an overall violence against
women strategy, on treatment of female victims of violence who
commit offences.
— Specialist training on VAW
and gender awareness should be given to magistrates and judges,
with reference to the different experiences and needs of victims
of abuse, and the need for use of alternatives to custody.
— Staff who work in women's
prisons and probation services should be trained to address the
needs of female victims of violence, including screening, risk
assessment, safety planning and referral to specialist services.
— Community-based sentencing
alternatives and improved diversion strategies should be developed
for women offenders who have been victims of violence and abuse.
16. WOMEN
IN POVERTY
— Women in households with an
income of less than £10,000 are at three and a half times
greater risk of domestic violence than those in households with
an income of over £20,000.[242]
— When women are financially
dependent on their partner, this can increase their vulnerability
to domestic violence.
— Domestic violence is therefore
linked to other factors which trap women in poverty such as the
gender pay gap, discrimination, lack of affordable childcare and
benefits arrangements which do not take into account women's needs.
Recommendations:
— The issue of VAW must be taken
into account by multiple government departments. For example,
the Department for Work and Pensions must look at the gendered
impact of benefits allocation.
— A VAW strategy should be adopted
to encourage integrated working across government departments
on this issue.
2 October 2007
200 p.vi: S. Walby and J.Allen: Domestic violence,
sexual assault and stalking: Findings from the British Crime Survey,
Home Office, 2004. Back
201
p 32 National Domestic Violence Delivery Plan Annual Progress
Report 2006-07, Home Office, 2007. Back
202
Crime in England and Wales 2001-02 report, 2002 Home Office; D
Crisp, B Stanko Reducing Domestic Violence . . . what Works?:
Monitoring Costs and Evaluating Needs 2000 Great Britain, Home
Office, Policing and Reducing Crime Unit. Back
203
Brittain et al Black & Minority Ethnic Women in the UK 2005
Fawcett Society. Back
204
CPS: Domestic violence monitoring snapshot: cases finalised in
December 2006 CPS 2007. Back
205
The Crown Prosecution Service Annual Report & Resource Accounts
2006-07. Back
206
CPS: Domestic violence monitoring snapshot: cases finalised in
December 2006 CPS 2007. Back
207
The Crown Prosecution Service Annual Report & Resource Accounts
2006-07. Back
208
CPS: Domestic violence monitoring snapshot: cases finalised in
December 2006 CPS 2007. Back
209
CPS: Domestic violence monitoring snapshot: cases finalised in
December 2006 CPS 2007. Back
210
CPS: Domestic violence monitoring snapshot: cases finalised in
December 2006 CPS 2007. Back
211
Paradine and Wilkinson (2004) op cit; Walby and Myhill (2001)
"Assessing and managing risk" in Taylor-Brown (2001)
"What works in reducing domestic violence". Back
212
Smart et al, 2003 cited in NCH, (2004): "Stuck in the Middle:
an NCH Briefing Paper about Parental Separation and the issues
for Children". London. Back
213
Saunders, Hilary. (2004): "Twenty-nine child homicides: Lessons
still to be learnt on domestic violence and child protection".
Bristol: Women's Aid Federation of England. Back
214
Radford, Sayer and AMICA (1999) "Unreasonable Fears". Back
215
Williamson, E Women's Aid Federation of England 2005 Survey of
Domestic Violence Services Findings 2005 http://www.womensaid.org.uk/downloads/WA_survey_dv_service_findings.pdf Back
216
WRC Funding to London Women's Refuges: Report to London Councils
2007 WRC. Back
217
In 2004-05, almost 40% of VCS income came from contracts with
the public sector and only 14% came from grants. NCVO Voluntary
Sector Almanac. 2007 National Council of Voluntary Organisations:
London. See also McIlveen D, The Gender Duty- how can it work
for you? 2007 Women's Aid
http://www.womensaid.org.uk/landing_page.asp?section=000100010009000500090001 Back
218
http://www.womensaid.org.uk/page.asp?section=00010001001000020002&search=funding Back
219
WRC Funding to London Women's Refuges: Report to London Councils
2007 WRC. Back
220
WRC Funding to London Women's Refuges: Report to London Councils
2007 WRC. Back
221
WRC Funding to London Women's Refuges: Report to London Councils
2007 WRC. Back
222
Commission on Women and the Criminal Justice System Women and
Justice 2007 Fawcett Society. Back
223
Eden I and Vaccianna H A woman's place: women and hostel provision
in London 2005 The Lilith Project. Back
224
Kenny D and Levinson D, The Provision of Accommodation and Support
for Households Experiencing Domestic Violence in England 2002
ODPM. Back
225
Pawson H, et al Repeat Homelessness in Scotland 2003 Edinburgh:
Scottish Homes. Back
226
Eden I and Vaccianna H A woman's place: women and hostel provision
in London 2005 The Lilith Project. Back
227
ibid. Back
228
Westmarland, D Domestic Abuse in Bristol: Findings from the 2006
Snapshot 2006 Bristol: University of Bristol. Available at: http://www.bris.ac.uk/sps/research/fpcw/completed.shtml Back
229
Eden I and Vaccianna H A woman's place: women and hostel provision
in London 2005 The Lilith Project. Back
230
Stark, E. and Flitcraft, A. Women at risk: Domestic violence &
women's health 1996 Thousand Oaks, California: Sage; Lewis, Gwynneth,
Drife, James, et al. Why mothers die 1997-1999: Report from the
Confidential Enquiries into Maternal Deaths in the United Kingdom
2001 London: RCOG Press. Back
231
GLA Domestic violence and substance use: overlapping issues in
separate services? 2005 GLA. Back
232
GLA Domestic violence and substance use: overlapping issues in
separate services? 2005 GLA. Back
233
Shaw S Domestic Violence and Black and Minority Communities 2004.
Available at
http://www.crimereduction.gov.uk/gpvca07b.ppt#7 Back
234
Shaw S Domestic Violence and Black and Minority Communities 2004.
Available at
http://www.crimereduction.gov.uk/gpvca07b.ppt#7 Back
235
WRC Funding to London Women's Refuges: Report to London
Councils 2007 Women's Resource Centre. Back
236
p 39 Brittain et al Black & Minority Ethnic Women in the
UK 2005 Fawcett Society. Back
237
WRC Funding to London Women's Refuges: Report to London Councils
2007 Women's Resource Centre. Back
238
Southall Black Sisters Domestic Violence, Immigration and No Recourse
to Public Funds: A Briefing to amend the Domestic Violence, Crime
and Victims Bill 2004 http://www.southallblacksisters.org.uk/research.html Back
239
ibid. Back
240
p 138: Reducing re-offending by ex-prisoners, Social Exclusion
Unit, 2002. Back
241
Council of Europe: Recommendation (2002) 5 of the Committee of
Ministers to member States on the protection of women against
violence adopted on 30 April 2002 and Explanatory Memorandum.
2002 Council of Europe: Strasbourg, France. Back
242
p 75 S.Walby and J.Allen: Domestic violence, sexual assault and
stalking: Findings from the British Crime Survey, Home Office
2004. Back
|
