4 Protection and support
Specialist support service (Article
22)
100. Article 22 of the Istanbul Convention requires
the UK to provide specialist support services for victims.
Article 22—Specialist support services
1 Parties shall take the necessary legislative or other measures to provide or arrange for, in an adequate geographical distribution, immediate, short- and long-term specialist support services to any victim subjected to any of the acts of violence covered by the scope of this Convention.
2 Parties shall provide or arrange for specialist women's support services to all women victims of violence and their children.
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101. The Explanatory Report to the Istanbul Convention
explains:
It is important to ensure that these services
are sufficiently spread throughout the country and accessible
for all victims. Moreover, these services and their staff need
to be able to address the different types of violence covered
by the scope of this Convention and provide support to all groups
of victims, including hard-to-reach groups. The types of support
that such dedicated services need to offer include providing shelter
and safe accommodation, immediate medical support, the collection
of forensic medical evidence in cases of rape and sexual assault,
short and long-term psychological counselling, trauma care, legal
counselling, advocacy and outreach services, telephone helplines
to direct victims to the right type of service and specific services
for children as victims or witnesses.[97]
102. In this Chapter, we will look at the following
concerns of witnesses:
a) local authorities application of the law on
equality when commissioning services;
b) the need for specialist services for specific
groups; and
c) cross-charging for services.
103. We consider support services for women with
insecure immigration status and asylum seekers in Chapter 7.
HOW WELL IS THE UK FULFILLING THE
POSITIVE OBLIGATIONS UNDER THE ISTANBUL CONVENTION?
Local authorities' application of the Equality
Act
104. The Explanatory Report to the Istanbul Convention
says: "The Final Activity Report of the Council of Europe
Task Force to Combat Violence against Women, including Domestic
Violence […] recommends safe accommodation in specialised
women's shelters, available in every region, with one family place
per 10 000 head of population."[98]
105. In October 2014, the commissioning of victims'
support services was devolved to Police and Crime commissioners.
The funding of refuge spaces, however, remains the responsibility
of local authorities as a victim's refuge place is funded through
housing support. They are, therefore, responsible for ensuring
that they provide one family place per 10 000 head of population.
The Minister for Crime Prevention said: "the point is that
devolving power to local areas means that you have to assess what
is needed in your area. That varies from area to area."[99]
106. The Equality Act 2006 created a general duty
on public authorities, when carrying out all their functions,
to have due regard to the need (1) to eliminate unlawful discrimination
and harassment on the grounds of sex, and (2) to promote equality
of opportunity between women and men. The Equality Act 2010 replaced
the 2006 Act and created a new 'public sector equality duty' covering
all forms of discrimination, and which requires public bodies
to have due regard to the need to eliminate discrimination, advance
equality of opportunity and foster good relations between different
people when carrying out their activities.
107. North East Women's Network said that local authorities
were misinterpreting the law on equality in the commissioning
of support services:
One organisation was excluded from tendering
for a Domestic Abuse Service on the grounds of the requirement
for a gender neutral service. This common issue around the misinterpretation
of the Equality Act resulting in women-only services being excluded
from tendering on the basis of gender neutrality and supposed
equality needs highlighting. By the time we are able to challenge
this, the timescales for tendering have been exhausted and the
argument has been forwarded that given the cuts and limited funds
available a gender-neutral tender meets the minimum requirements[100]
108. Heather Harvey, Eaves for Women, said: "We
are also seeing a possible misunderstanding that is driving people
to think that [they] have to provide the same number of places
for men as for women, without actually recognising, as the [C]onvention
requires, a gendered analysis of what is proportionate and what
is needed."[101]
She also said "there is a massive shortage" of places
for people to go.[102]
Hilary Fisher, Director of Policy, Voice and Membership at Women's
Aid, said "In Devon recently, for example, the tender did
not require any refuge provision. There are no plans for refuge
provision in Devon whatever".[103]
She told us that, on the basis of the Council of Europe's recommendation
of one refuge place per 10,000 population, England is 1,646 short
of the 5,223 places needed. She attributed this to a failure to
provide refuge places in some areas and the restriction of access
to services in areas with provision to women from those areas.[104]
109. The British Association of Social Workers also
said there was an issue with women accessing services: "In
one day in 2013, services that responded to the survey turned
away 155 women and 103 children from the first refuge they approached."[105]
Women's Aid Annual Survey 2014 of domestic violence services found
that 31% of referrals to refuge in 2013/14 were turned away because
of lack of space and 13% of respondents had closed or suspended
and area of services due to lack of funding.[106]
110. Imkaan raised concerns about the UK's ability
to meet its obligations under the Istanbul Convention due to local
authorities not understanding the obligations: "The government's
localism agenda has facilitated an environment where local authorities
are able to operate outside of the human rights context with no
clear direction on their obligations to address violence against
women and girls."[107]
111. The Government did not agree that localism was
having a harmful effect on the provision of specialist services.
The Minister for Crime Prevention said: "Outside the £40
million of ring-fenced stable funding that went through 2010 to
2015, and was basically for local, domestic and sexual violence
support services and national health helplines, the Ministry of
Justice is opening 15 new rape crisis centres. We have funded
86 rape support centres to provide independent specialist support
to female victims aged 13 and over."[108]
On 25 November 2014, the Government announced another £10
million to support women's refuges in 100 areas across England.
The Minister for Crime Prevention also said "We have had
six roadshows about domestic abuse and violence going out to spread
best practice, to help with commissioning and to deal with related
matters, so that local areas can identify the services they need."[109]
112. Councillor David Sparks OBE, Chair of the Local
Government Association, said:
Councils […] have seen their budgets reduce
by 40 per cent over this Parliament, they continue to invest in
services to support the victims of domestic violence. The funding
reductions have though meant councils have had to consider carefully
what mix of services is needed locally.
This has resulted in some local authorities commissioning
different providers to deliver services, while also using the
letting of new contracts to improve the quality of services to
victims […]
While some councils have commissioned different
models of service provision for victims of domestic violence,
overall this does not seem to have reduced the number of bed spaces
available in refuges.
We do not have the resources to collect information
from councils in England and Wales on the number of refuge spaces
they have, so do not hold the data you have requested
113. The Convention requires adequate provision
of refuge spaces. Local authorities have been reluctant to provide
the number of places for women required partly due to a misinterpretation
of the law on equality particularly in relation to gender-based
services. We welcome the ring-fencing of funds for support services
and we recommend that the Government issue guidance to all local
authorities on the correct application of the law on equality
to the services required under the Istanbul Convention.
114. We are very concerned that the number of
refuge spaces per head in local authority areas is unknown and
we are unclear as to how local authorities can claim that there
does not seem to have been a reduction in "the number of
bed spaces available". We recommend that the Local Government
Association be given the resources to analyse and monitor the
number of refuge spaces to ensure adequate provision across the
country which fulfils the positive obligations of the Istanbul
Convention.
Cross-charging
115. We were concerned to hear about refuge spaces
being restricted to victims within the relevant authority. This
misunderstands the need which often arises for women to move to
a new area to escape a perpetrator. Hilary Fisher, Director of
Policy, Voice and Membership at Women's Aid, said:
Another thing that is happening is that refuges
are being restricted by local authorities to their constituents.
The real challenge with that...is that women in those areas are
not able to leave because they are not able to get places. They
do not want local places, but moving to somewhere else if their
area is not sharing is not going to happen.[110]
116. She went on to say that these concerns were
particularly a problem for black and minority ethnic communities
who need to travel far, and if it were a particularly serious
perpetrator, women "will travel four or five times and they
will go a very long way."[111]
She concluded that the UK was not meeting its obligations under
the Istanbul Convention. She said:
I do not think it is meetings its obligations
for two reasons: one, because it is not meeting the numbers that
are recommended; two, because it is abrogating its duties by saying
that it is the responsibility of the local authorities. It is
not; it is a national responsibility. Refuge is a national service;
it is required nationally, and by saying that it is up to the
local authority to decide what provision it is means that in some
areas there is provision and in other areas there is not.[112]
117. Women's Aid Annual Survey 2014 found that 74%
of women accommodated came from a different local authority area
to the refuge.[113]
118. The Government argues that the localism agenda
enables local authorities to determine and provide for the needs
of that area. Women will however often need to seek services outside
their own local authority area because they need to put distance
between themselves and the source of violence or to access specialist
services. We therefore recommend that the Government consider
enabling local authorities to cross-charge for providing these
services to non-constituents.
Specialist services for specific groups
119. As explained above, local authorities should
be able to commission services specific to their area thus addressing
their community's need. We have heard, however, that this particularly
has affected the provision of specialist services for specific
groups.
120. Pragna Patel, Director of Southall Black Sisters,
raised concerns that competitive tendering is leading to a shortage
of specialist local services: "Commissioning processes seem
to work against small, specialist services. They tend to favour
more corporate-like organisations that can bid and provide the
kind of target-driven, time-bound outcomes that are required.
A lot of support shelters or refuges have closed or are threatened
with closure. Others have merged and become more generic".[114]
121. Nushra Mansuri, Professional Officer England
from the British Association of Social Workers, told us: "If
we are looking at women and young women from minority backgrounds,
we know that the cuts have hit them disproportionately even harder.
I will say, from my experience as a social worker for many years
in the sector, how important it is for women and young women from
particular communities to have very sensitive and specialist services.
It is very sad to see the demise of that and things becoming more
generic."[115]
122. Annie Rose, Independent Sexual Violence Advocate
from Respond, noted that access to specialist services was very
limited: "There is only one refuge in the country for people
with learning disabilities, and for a woman to get in there she
has to be funded by her local authority. It is not like with normal
refuges, for which there is housing benefit and other benefits.
They have to agree to pay a price. It is quite expensive to be
in a specialist refuge for a week, and because of the cutbacks
many women are not able to access these refuges, and the re-victimisation
and the cost to the country goes on and on and on".[116]
123. Rashida Manjoo, the UN Special Rapporteur, also
found a reduction in the number and quality of specialised services
for women and "it was made clear to me how women from black
and minority ethnic communities, women belonging to the LGBTI
community, and women with disabilities, are further affected by
these cutbacks".[117]
124. In response to concerns regarding local authorities
commissioning support service, the Minister of State at the Home
Office and Minister of State at the Ministry of Justice, the Rt
Hon Mike Penning MP, said that there is a joining up of the bidding
process with health teams, police teams and police and crime commissioners.
He argued that this meant some of the "traditionally done
services will lose; I must be honest about that. However, there
will be better coverage as to what is going on in our constituencies".[118]
He also said that there would be "winners and losers in localism
and some of the traditional ways may not be the way to win contracts
in the future".[119]
The Minister for Crime Prevention also said that "local authorities
have a choice about where they make cuts".[120]
125. The new localism model for commissioning
services may have had unintended consequences which have disproportionately
affected the provision of refuge services for women from specific
groups with very special needs. The Government should collate
data on the national coverage of specialist services and take
responsibility for ensuring that specialist support services remain
available to all, regardless of their area.
Spare Room Subsidy
126. Whilst the Istanbul Convention does not mention
welfare, we heard about the effect of the Spare Room Subsidy on
victims of violence against women and girls in relation to sanctuary
schemes. The police promote sanctuary schemes as they provide
a safe and secure room within a house for a victim and, if required,
her children. There is currently a judicial review in the High
Court of a proposal to reduce a woman's housing benefit from a
three bedroom (she currently lives in a three bedroom with her
son) to a two bedroom property, as the third bedroom is a secure
room to be used as a sanctuary.[121]
This issue was raised during PMQs on 19 November 2014.[122]
127. Women's Aid argued that forcing individuals
to move in such circumstances would leave the victims vulnerable.
It said that Swindon Borough Council excluded sanctuary scheme
properties in its area from the size criteria and made Discretionary
Housing Payments available for these properties. Women's Aid welcomed:
"the move taken by Swindon Borough Council and call on all
other councils in England to follow their lead".[123]
128. The Government, in response to the judicial
review before the High Court, said it had made nearly £350m
available for local authorities to help in such cases. . A spokesman
for the Department for Work and Pensions said: "it understood
the council awarded a payment to make up a shortfall in rent.
The spokesman added that victims of domestic violence living in
supported accommodation, such as a woman's refuge, are exempt
from the removal of the spare room subsidy."[124]
129. We recommend that the Government should exclude
sanctuary scheme properties from the size criteria of the Spare
Room Subsidy. If the Government is unwilling to do this, we recommend
that all local authorities should exclude sanctuary scheme properties
in its area from the size criteria and make Discretionary Housing
Payments for sanctuary scheme properties affected by the Spare
Room Subsidy.
97 Explanatory Report: http://www.coe.int/t/dghl/standardsetting/convention-violence/convention/Explanatory_Report_EN_210.pdf
[accessed 24 December 2014] Back
98
Explanatory Report: http://www.coe.int/t/dghl/standardsetting/convention-violence/convention/Explanatory_Report_EN_210.pdf
[accessed 24 December] Back
99
Q 124 Back
100
Written evidence from North East Women's Network (VAW0043) Back
101
Q 36 Back
102
Ibid. Back
103
Ibid. Back
104
Q 36 Back
105
Written evidence from the British Association of Social Workers
(VAW0030) Back
106
Women's Aid Annual Survey 2014: http://www.womensaid.org.uk/page.asp?section=00010001001400130005§ionTitle=Women%27s+Aid+Annual+Survey
[accessed 20 January 2015] Back
107
Written evidence from Imkaan (VAW0066) Back
108
Q 124 Back
109
Q 116 Back
110
Q 36 Back
111
Ibid. Back
112
Ibid. Back
113
Women's Aid Annual Survey 2014: http://www.womensaid.org.uk/page.asp?section=00010001001400130005§ionTitle=Women%27s+Aid+Annual+Survey
[accessed 20 January 2015] Back
114
Q 36 Back
115
Q 42 Back
116
Q 45 Back
117
Special Rapporteur on violence against women finalizes country
mission to the United Kingdom and Northern Ireland and calls for
urgent action to address the accountability deficit and also the
adverse impacts of changes in funding and services: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14514&
[accessed 2 January 2015] Back
118
Q 124 Back
119
Ibid. Back
120
Ibid. Back
121
Court challenge to benefit changes for 'secure housing': http://www.bbc.co.uk/news/uk-30110270
[accessed 2 January 2015] Back
122
HC Deb, 19 November 2014, cols 264-265 [Commons Chamber] Back
123
Written evidence from Women's Aid (VAW0018) Back
124
Court challenge to benefit changes for 'secure housing': http://www.bbc.co.uk/news/uk-30110270
[accessed 2 January 2015] Back
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