Conclusions and recommendations
Integrated policies
1. We
commend the Government for having a violence against women and
girls action strategy which appropriately links violence to gender
and inequalities. We commend the Home Secretary's personal enthusiasm
for it. However, we share witnesses' concerns about the effectiveness
with which the Inter-Ministerial Group co-ordinates and secures
actions across Government. (Paragraph 25)
2.
We commend the Prime Minister for retaining the position of Minister
for Women at cabinet level albeit combined with a broader portfolio.
We believe the position of Minister for Women requires such seniority.
Whilst we are reassured by the efforts of the Home Secretary in
this policy area, we remain confused as to which Minister has
overall responsibility to address the perceived shortcomings in
the Action Plan and Inter-Ministerial Group. Whilst the Home Secretary
is an authoritative figure within Government, we recommend that
the role of Minister for Women be more focused on the Government's
strategy by becoming a joint signatory of the Action Plan and
that the Minister explicitly be given responsibility for co-ordinating
work across Government in this area together with the Home Secretary.
(Paragraph 26)
3. We
recommend that the work of the Inter-Ministerial Group be broadened
to include questions of asylum and immigration rules and practice
as well as the compliance of devolved policy with the Istanbul
Convention. (Paragraph 27)
4. We
recommend that the Minister for Women holds departments to account
for delivering against the Action Plan within Cabinet meetings,
supported by the Prime Minister, to display clearer leadership
around this issue. This would send a strong message to all Cabinet
attendees and departments regarding the Government's commitment
to delivering the plan. (Paragraph 28)
Prevention
5. We
commend the Government for the awareness-raising initiatives it
has undertaken but note that evidence indicates that a lack of
co-ordination across departments has reduced the potential reach,
delivery and ultimately success of these initiatives. We recommend
that the Inter-Ministerial Group monitor the success and effectiveness
of the campaigns to ensure that future campaigns are evidence
based. (Paragraph 45)
6. We
also recommend that campaigns sometimes need to be targeted and
specific. This would help reach communities with particular needs—for
example, people with disabilities or LGB&T people. We commend
the This is Abuse campaign for raising awareness of the issue
of consent and coercive control and recommend that it be extended
further to focus on LGB&T relationships. We also recommend
that the Government should support the charities and organisations
that could raise awareness with women within communities rather
than just targeting faith and community based leaders. (Paragraph
46)
7. The
Department for Education has committed itself under the Action
Plan to pursue a range of channels for making suitable materials
available to schools on violence against women and girls and related
safeguarding issues. The Minister for Women told us that the Government
has also committed the PHSE Association to producing guidance
on education about consent. We have not heard evidence that the
Government is pursuing channels to make materials available to
schools, and the guidance on consent has not yet been published.
We consider that this must be published before the UK is deemed
to be fulfilling its positive obligations under the Istanbul Convention.
We recommend that guidance from the Department for Education should
go further than just consent and include other issues relating
to violence against women and girls—for example, FGM, forced
marriage, sexual exploitation and access to helplines. All forms
of violence against women and girls affect school-age children
directly and personally and normalisation of violence against
women and girls occurs at a young age. (Paragraph 66)
8. As
a matter of practice, we also consider that the UK would be in
a stronger position to say that it is fulfilling the requirements
of Article 14 of the Istanbul Convention if all schools were required
broadly to teach the same curriculum in relation to PSHE and we
believe that this national curriculum should include issues relating
to violence against women and girls. We believe this would also
give Ofsted clear standards by which to assess a school. (Paragraph
67)
9. We
also consider that higher education establishments, not student
unions, should be responsible for reinforcing this education within
the higher education system and therefore encourage these establishments
to follow the lead of those that already have. (Paragraph 68)
10. We
welcome the requirement for judges who hear rape cases to have
been trained to do so but believe that there is scope for the
judiciary to educate themselves further by establishing separate
training for those who deal with cases involving domestic violence.
Given that family law is dealt with in the civil courts and cases
involving domestic violence are heard in magistrates' courts,
this training should be available to both criminal and civil judges
and magistrates. (Paragraph 74)
11. We
were greatly disappointed that our publicly funded national broadcaster,
the BBC declined all invitations to give evidence to this inquiry.
(Paragraph 84)
12. The
Istanbul Convention invites the media to self-regulate to help
prevent violence against women and girls. Whilst current regulatory
standards may be appropriate, there are clear examples where reporting
of such violence has not been sensitive or appropriate. Practice
is falling short. We encourage editors to take a proactive approach
to educating their teams about sensitively reporting violence
against women and girls. (Paragraph 86)
13. We
recommend that regulators have the confidence to use their powers
to sanction, where necessary, broadcasters or press who have fallen
short of the Ofcom Broadcasting Code or the Editors' Code of Practice.
(Paragraph 87)
14. There
are currently a number of different media or press regulators.
It is not easy currently for victims to understand their rights
and the correct routes for redress. We recommend that community
liaison officers be trained in this work so that they can explain
these rights where necessary. (Paragraph 91)
15. We
commend the supermarket chains, Tesco and Waitrose, for responding
to a campaign to remove the images and headlines from certain
newspapers from the eye-line of children and call on others to
follow this lead. (Paragraph 99)
16. We
also commend the Government for taking action to encourage the
private sector to undertake initiatives to help promote positive
role models for girls—for example, the body confidence campaign.
(Paragraph 99)
Protection and support
17. 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. (Paragraph 113)
18. 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. (Paragraph 114)
19. 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.
(Paragraph 118)
20. 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. (Paragraph 125)
21. 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. (Paragraph 129)
Substantive law
22. We
commend the Government for undertaking work to raise awareness
of coercive behaviour as a form of abuse. If Parliament approves
the Government's proposed specific criminal offence regarding
controlling or coercive behaviour in an intimate or family relationship,
we are not convinced that this alone will lead to a change in
culture within the criminal justice system and the wider public
and instead may lead to unintended consequences that work against
victims of violence. We urge the Government to consider the use
of an awareness-raising campaign and a review of training for
the criminal justice professions to accompany any change in legislation.
(Paragraph 140)
23. We
welcome the provision that those who can provide evidence of domestic
violence continue to have access to legal aid for civil cases
because this enables access to the family and other civil courts.
We have concerns, however, about the problems some women face
in providing such evidence, and the feasibility of victims of
coercive control or women who may find it difficult to get out
of the immediate community being able to provide such evidence.
We recommend that before the proposed new offence of coercive
control comes into force the Ministry of Justice review the requirements
for evidence of domestic violence for access to legal aid. (Paragraph
150)
24. At
a time when the Home Office is keen to raise awareness of coercive
control, and noting the requirement of the Istanbul Convention
for coercive control to be criminalised and victims protected,
we recommend the Government look again at the payment of Universal
Credit to couples. (Paragraph 156)
25. In
our December 2011 Report we recommended that the Welfare Reform
Bill, now the 2012 Act, 'be amended to allow payments for children
to be labelled as such and be paid to the main carer'. (Paragraph
157)
26. We
do not accept the Minister's assurance that the situation is satisfactory
because problems have not yet emerged during the early roll-out
of Universal Credit. The roll-out has only recently been extended
to couples with children, the group arguably at greatest risk.
On the principle that prevention is better than cure, we do not
believe that the 'wait and see' approach that the Minister recommended
is a responsible one, given the concerns raised by women's organisations
about the possible risk to some women. We therefore recommend
that the Department for Work and Pensions use the remainder of
the roll-out process to test a number of different payment methods
(such as automatic split payment to each partner in varying proportions)
so as to assess which best protects the financial autonomy of
women in couples, thereby strengthening their position should
domestic violence occur. We also recommend that all relevant Department
for Work and Pension officials be given domestic violence training
so that they are better placed to handle sensitively situations
of known or suspected domestic violence. (Paragraph 159)
27. We
welcome the stance of the Government in tackling these crimes
and attitudes. We believe it is right that a multi-cultural society
in the UK should still respect equally the need for adherence
to the law of the UK. We agree with our witnesses that it is essential
that these attitudes are tackled, at an early age and across communities,
within schools, (Paragraph 166)
28. We
recommend that the issue regarding the role of women, and equality
between the sexes, across many cultures in the UK today needs
further investigation. We have concerns about the status and treatment
of women in deeply patriarchal, structured communities. We believe
women in these communities face barriers to accessing help which
can include language, community pressure, gender inequality, the
teaching of beliefs which may challenge Convention rights, or
coercive control. We do not believe the Government has succeeded
in reaching these women or tackling the cultures which do not
treat women as equal to men. We recommend that a standalone inquiry
into these issues is necessary. (Paragraph 167)
Investigation, protection, procedural law and
protective measures
29. We
believe that the evidence we received during this inquiry demonstrates
a lack of cultural literacy amongst some frontline police officers
in responding to domestic violence cases. This is one of the areas
where guidance is good yet practice and delivery of training is
not. Chief Constables need to do more to educate frontline staff
and training needs to include all types of abuse, including financial
or coercive control. Chief Constables should also urgently address
concerns that specialised units are not adequately resourced.
(Paragraph 175)
30. Immediate
response and risk assessment and management are the responsibilities
of the Chief Constables. We look forward to the publication of
a best practice toolkit. Recent developments in case-law suggest
that the courts are increasingly willing to award compensation
for serious harm where police investigations have been deficient.
In view of these legal developments, claims against the police
for compensation for negligence might be more likely to succeed
in the Courts if the police's response to requests to deal with
an allegation of domestic violence, rape or other serious allegations
of violence against women does not sufficiently improve. (Paragraph
182)
31. We
recommend that judicial training for judges who participate in
violence against women cases should include the application of
Section 41 of the Youth Justice and Criminal Evidence Act 1999,
which protects complainants in proceedings involving sexual offences
by restricting evidence or questions about their previous sexual
history, subject to exceptions. (Paragraph 187)
32. Failure
of the police competently to carry out the initial response following
a report of violence against women and girls means that the Crown
Prosecution Service could be left unable to proceed with evidence-led
prosecutions, as required by the Istanbul Convention. We recommend
that, if the pilot proves successful, the use of body-worn video
cameras by frontline officers in responding to domestic violence
cases should quickly be extended to all police forces with national
guidance on their appropriate use. (Paragraph 193)
Immigration and asylum
33. We
are concerned that, during the time it takes for a spouse suffering
from violence to regularise their immigration status, they are
very often left facing destitution or having to remain in a violent
relationship. We find it worrying that current Home Office policies
leave people destitute during the asylum and immigration process
and that this in itself leads to women being at a greater risk
of being a victim of violence. This is in contrast to funding
being provided by the Department for International Development
to post-disaster zones which looks specifically to address such
survival strategies used by women. We believe that this demonstrates
the need for better co-ordinated domestic and international policies
across Government department on asylum and immigration processes.
(Paragraph 201)
34. We
also recommend that the Government address the issue of who bears
responsibility for providing refuge space for women and girls
who are victims yet may not be entitled to benefits. We also recommend
that the Government ensures that sufficient financial provision
is given to supporting these victims. (Paragraph 201)
35. Despite
the Minister's assurances, we are disturbed by the evidence we
received that the routine use of male interpreters, the operation
of fast-track detention system and the reported culture of disbelief
within the Home Office all result in victims suffering further
trauma whilst seeking asylum or immigration to the UK. We find
this unacceptable. (Paragraph 220)
36. Given
the nature of the concerns raised during our inquiry by NGOs and
the medical profession regarding the detention of victims, we
are concerned that those who allege that they are victims of violence
against women and girls are being detained through the fast-track
process and recommend a review of the screening process for this
as a matter of urgency. (Paragraph 221)
37. We
recommend the Government amends the guidance for interviews to
raise the importance of making female interpreters available for
cases of violence against women and girls. The current state of
using them when 'operationally possible' is not satisfactory and
means that their provision is not high enough a priority. The
Government should also amend the guidance to make the responsible
authorities have a responsibility to provide crèche type
childcare at venues where screening takes place. Through the Inter-Ministerial
Group, the Government should monitor the training, the number
of reversals of decisions made, and the extent to which the guidance
for immigration officials is properly followed to ensure a change
of culture. (Paragraph 222)
Ratification
38. We
are concerned by the Government's lack of engagement with devolved
administrations regarding the ratification of the Istanbul Convention
because they are responsible for implementing the same positive
obligations in their territories. This strengthens our earlier
recommendation that the work of the Inter-Ministerial Group should
be broadened to include questions of compliance of devolved policy
with the Istanbul Convention. (Paragraph 229)
39. We
are concerned that the delay in ratifying the Istanbul Convention
could harm the UK's international reputation as a world leader
in combating violence against women and girls. We acknowledge
that, if the devolved administrations need to take further legislative
steps, there may be a delay in ratifying the Istanbul Convention.
We recommend, however, that the Government bring forward the necessary
primary legislation regarding jurisdiction before the end of this
Parliament, and that the devolved administrations also bring forward
any legislative measures that they consider to be necessary, so
that the goal of ratifying the Istanbul Convention can be given
the priority it deserves. (Paragraph 230)
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