APPENDIX 33
Memorandum submitted by the Metroplitan
Police Service and Metropolitan Police Authority
1. This submission to the
Home Affairs Committee Domestic Violence Inquiry supports the
submission of the Association of Chief Police Officers (ACPO)
Domestic Abuse Steering Group and ACPO Honour based Violence Working
Group.
2. The past 10 years have
seen unprecedented action to tackle domestic violence. A major
factor in this has been recognition of the inter-relationship
of agencies and level of response for tackling domestic violence
and the levels of serious violence that are often seen in such
cases. This has led to new legislation including the Domestic
Violence, Crime and Victims Act 2004, the Sexual Offences Act
2004 and The Children's Act. This legislation gives a clear message
that domestic violence in all its forms is no longer acceptable
and that perpetrators will be held accountable for their actions.
3. In addition to the legislation
there has also been the development of a coordinated National
Delivery Plan, the rollout of Specialist Domestic Violence Courts,
funding for Independent Domestic Violence Advocates (IDVAs), rollout
of Multi-Agency Risk Assessment Conferences (MARACs) based on
the Cardiff model and the development in some areas of Family
Justice Centres. Domestic Violence is also a priority in the national
Policing Plan.
4. In London there have been
significant developments in relation to tackling domestic violence
that have resulted from the implementation of national initiatives
but there have also been regional initiatives that have resulted
in service improvements by a number of agencies.
5. In November 2005 the Mayor
of London's Second Domestic Violence Strategy was launched. This
multi-agency strategy is underpinned by a three-year action plan
sets out the roles of responsibilities of agencies to addressing
domestic violence in the capital.
6. The delivery of this strategy
has been supported by Project Umbra, a London Criminal Justice
Board initiative to improve the response of the criminal justice
system to domestic violence with an over-arching aim of stopping
the violence and holding offenders accountable. This multi-agency
initiative has been supported and resourced by the MPS.
7. In addition to its work
as a lead agency and signatory to the Mayor of London's Domestic
Violence Strategy the MPS has incorporated domestic violence and
related issues such as rape and sexual offences and child protection
in the MPS (Draft) Serious Violence Strategy.
8. The MPA's role is to hold
the Commissioner rigorously to account for improving the operational
performance. In relation to domestic violence the MPA established
a Domestic Violence Board in 2006 to ensure that the MPS and its
32 Borough Operational Command Units (BOCUs) across the capital
have the opportunity to learn from partners, to showcase good
practice and have access to support. A report of the Board's activities
over the past year has been compiled and sets out a number of
recommendations for service improvement, which are being undertaken
and reviewed by the MPS.
9. Whilst the Metropolitan
Police Service (MPS) and the Metropolitan Police Authority (MPA)
applaud these developments and the significant achievements at
a national level that have resulted not least of which has been
a reduction in the domestic homicide rate in London there still
remains much work to be done.
10. As can be seen from the
above both the MPS and MPA are committed to tackling domestic
violence. However, there are a number of issues, which we would
ask the Committee to consider in order to bring about further
improvements. The areas for improvement are in line with the questions
set out in the Committee Press Notice.
11. The MPS led, and were
commended for, a public education and awareness raising campaign
in 2005, focused on perpetrators of domestic violence entitled
Your partners silence no longer protects you. Although
this campaign featured the police response to domestic violence
the MPS recognises the need for a national, coordinated campaign
of public education and awareness raising campaign on domestic
violence to support the number of existing initiatives in this
area. The campaign could sign post victims, children, families
and friends to sources of support and assistance, raise awareness
of domestic violence and related issues such as honour based violence,
and raise funds for agencies. The recent NSPCC campaigns are an
example of a national campaign that has been able to do this.
A national public education would support existing work in schools
and enable victims to come forward and seek help and support.
12. In relation to police
powers and legal protection the MPS, through a submission from
ACPO on the Forced Marriage (Civil) Bill 2007and as part of its
submission to the Safety and Justice consultation stated:
"Section 60 of the Family Law Act makes
provision for third parties to act on behalf of victims of domestic
violence but has not been enacted. The Domestic Violence, Crime
and Victims Bill focuses on improving legal protection for victims
of domestic violence and includes a number of amendments to the
Family Law Act that will enable this to happen. However, Section
60 has still not been enacted. An enactment of Section 60 supported
by rules of court and other statutory instruments would enable
Police, local authority departments eg Housing, Social Services
etc and other service providers to make applications for civil
protection for victims of domestic violence thereby ensuring their
safety whilst taking the onus away from the victim."
This would be an opportunity to improve
the range of options available not only to victims of forced marriage
but to all victims of domestic and/or inter-familial violence.
13. In addition to support
for enactment of section 60 of the Family Law Act the MPA and
MPS would like to see a more coordinated criminal and civil justice
system response to domestic violence and an increase in the number
of victimless prosecutions being taken forward. This would protect
victims and send out a clear message that domestic violence will
not be tolerated. MPS understands that ACPO Domestic Abuse Steering
Group will be making clear in their submission the barriers created
to taking forward victimless prosecutions despite enhanced evidence
gathering by police as a result of risk identification and assessment
tools and in some police areas the use of head cam equipment;
as a result of conflicting performance management indicators.
Victimless prosecutions where appropriate would afford the victim
protection and hold offenders accountable whilst also taking the
onus of pursuing legal remedies and justice away from the victim.
14. The MPS and MPA would
strongly support a performance management framework that recognises
and reflects the criminal justice service delivery continuum and
places victim safety at its centre. The current indicators do
not in our opinion reflect this.
15. The MPS and MPA would
also support an indicator that reflects the prevention arm of
the multi-agency approach being taken forward in London. Domestic
violence homicide rates have shown a significant reduction in
recent years and yet there is no recognition of this within the
current performance framework.
16. Statistics show that victims
of domestic violence are more likely to seek protection from the
civil courts than from the criminal courts. This may be a result
of the fact that the civil courts offer speedier access to protection
than the criminal courts. Improved access to the criminal justice
system is being developed but this is crucial for victims of domestic
violence.
17. London is the most diverse
in the most diverse city in the world and as a result of this
diversity the police and partner agencies are often having to
respond to new and emerging issues eg honour based violence and
to protect victims of domestic violence where the usual access
to support services is hampered. With particular reference to
those victims who have no recourse to public funds it is becoming
increasingly difficult to ensure their protection when emergency
accommodation and support is not an option. This in essence is
creating the potential for a two tiered response to victims—those
who can access publicly funded support and those who cannot. This
can result in some victims being forced to remain in abusive and
violent relationships.
18. As referred to above the
MPS is responding to the needs of a diverse population. Training
and service responses must reflect this. The MPS is working with
colleagues at the National Policing Improvement Agency and ACPO
to review current training and advice and support for officers
responding to incidents of domestic violence and related issues.
There is a need for a consistent and coordinated inter-agency
training package that meets the needs of front line service delivery.
19. Croydon has established
a Family Justice Centre for victims of domestic violence and related
issues. This Centre is based on a model developed in San Diego,
USA. The MPS has established close links with colleagues in San
Diego as a result of which police officers in Newham are taking
forward the establishment of a second FJC in London. The MPS believes
this model is the next step from the government's Coordinated
Community Response to Domestic Violence model and eases access
for victims to the criminal and civil justice systems as well
as additional support and assistance. The MPS would support the
rollout of such centres where appropriate. This will involve significant
resources to establish but the benefits resulting from early interventions
would outweigh the initial costs.
20. London Criminal Justice
Board has secured significant funding to rollout MARACs across
the capital. The MPS and MPA support this move but would also
recommend the extension of the IDVA services to all London boroughs
that is commensurate with levels of domestic violence and reflects
the diverse needs of the local population.
21. The MPS and MPA would
also like to raise concerns about the current definition of domestic
violence being used by agencies. The definition addresses violence
between "intimate" partners aged over 18 years of age.
This does not reflect violence within teenage relationships or
domestic violence targeted against other under 18s. In addition,
it has been brought to our attention by the MPS Disability Independent
Advisory Group that the definition does not cover domestic violence
perpetrated by carers and limits "intimate" to an understanding
of a sexual relationship. It may not be deemed appropriate to
label violence perpetrated by carers who may or may not be family
members as domestic violence but this is an issue that must be
addressed.
22. ACPO Domestic Abuse Steering
Group will be addressing the issue of risk identification and
assessment and shared understandings of risk in its submission
to the Committee. The MPS and MPA wish to support their calls
for a consistent and coordinated approach to risk identification
and management across agencies focusing on both victims and perpetrators.
23. The MPS and MPA wish to
draw the Committee's attention to the limited availability of
refuge and emergency accommodation for victims of domestic violence.
Whilst the rollout of the Sanctuary Scheme has enhanced the range
of options available to victims it is not always appropriate.
There is currently extremely limited refuge provision for LGBT
victims of domestic violence, those with a disability, and those
with substance misuse or mental health needs. There is currently
no refuge provision for male victims of domestic violence and
those with no recourse to public funds.
24. The MPS and MPA are concerned
at the extremely limited availability of perpetrator programmes
in the capital. Those placed on programmes are often placed on
waiting lists and are then unable to access an appropriate programme.
This must be an area of work reviewed by the Committee as it not
only forms one of the range of options available to the courts
but also as a longer-term preventative measure.
25. ACPO Domestic Abuse Steering
Group will be setting out its support for an improved and enhanced
information sharing process between agencies. Whilst not wishing
to go into further detail here the MPS supports ACPO in this regard
as information sharing has been a recommendation from almost all
of the domestic homicide reviews conducted by the MPS. There must
be safe information sharing that is focused on the safety of victims
and their families.
26. The MPS and MPA recognise
the need for post crisis support for survivors of domestic violence
and their families. This is an area of work addressed in the Mayor's
Domestic Violence Strategy and there are examples of best practice
of work with families but this is not widely available and cannot
be taken forward without significant additional resources.
27. Funding for voluntary
sector colleagues is almost always raised as an issue when discussing
domestic violence. Whilst the MPS and MPA support additional resources
for our partners in the voluntary sector we would also call for
a recognition of the constraints of statutory agencies as a result
of competing and conflicting priorities and/or limited resources.
The MPA Domestic Violence Board scrutinises strategic and operational
response of the MPS to domestic violence. This model is commended
to other police authority areas. However, the police cannot tackle
domestic violence alone and there is a need for monitoring and
evaluation of services provided by other agencies across sectors
to ensure that victims and/or survivors of domestic violence are
in receipt of services that reflect their needs and affords them
protection.
2 October 2007
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