My Lords, I am speaking to Amendment 7, which would ensure that a carer of a person with disabilities is included in the definition of “personally connected”, together with Amendment 12, which inserts the term “provider of care.” This means any person who provides ongoing emotional, psychological or physical support to another, with the aim of enabling that person to live independently, whether or not they are paid for this support. Clause 2 gives a definition of “personally connected”, including those who are or have been married or in an intimate relationship. On the definition of “personally connected”, the Bill should reflect the realities of all domestic abuse victims who need to be able to access services, justice and support. No victim should be left behind.
These amendments would ensure that “personally connected” also covers a person’s relationship with their carer, paid or unpaid. This is to reflect the lived experience of disabled victims of domestic abuse, where a significant personal relationship in their life is with the person who provides care. This is a Bill for all victims, and we believe that this would help ensure that disabled victims are represented in this legislation. We have heard the Government say that the abuse of disabled people by their carers is already covered by existing legislation. Indeed, Section 42 of the Care Act 2014 places such a duty on local authorities. However, this Bill is for all victims of domestic violence and it is flagship legislation. It should not be that disabled victims have to be provided for elsewhere.
The unamended clause does not recognise the lived experiences of disabled victims of domestic abuse, who are among the most vulnerable. It is abuse that often goes unnoticed. Disabled victims are more likely to experience domestic abuse for a longer period: 3.3 years
on average compared with 2.3 years for non-disabled victims. The Bill should make it easier for disabled victims of domestic abuse to be recognised. Therefore, there has to be an understanding and acceptance of the reality of disabled lives. Significant relationships can be different from those of a non-disabled person with an unpaid carer.
6.15 pm
Ruth Bashall, the chief executive of Stay Safe East said that disabled people
“have emotionally intimate relationships with the people who, in very large inverted commas, ‘care’ for us, and the experience of abuse by those people is exactly the same as domestic abuse: the coercive control, the violence, the financial abuse and so on.”
Thus, this close relationship has the ability to become a difficult relationship that is the same as family or partner violence. Trusting someone enough to let them provide personal care and support with day-to-day tasks or communication is, in itself, an emotionally intimate act. This creates a close bond but also the risk of abuse. It is not infrequent for abusers to target a disabled person, befriend them and persuade them that this is done from an altruistic motivation, while exploiting and abusing them at the same time. The victim will experience the same ambiguities about power and control versus emotional attachment as any other victim of domestic abuse.
I further note Amendment 13, tabled by the noble Baroness, Lady Hamwee, and I thank her for it. I am not entirely sure, however, that it would widen the scope of the amendment, but we would be very happy with the word change if that were the case. I look forward to hearing from the noble Baroness in the debate. The amendment tabled by the noble Baroness, Lady Grey-Thompson, is very similar to ours regarding carers. I am particularly looking forward to hearing her learned contribution on this issue.
At its heart, the Bill must be about providing services to people who have become victims of abuse. We know that it is mainly women who suffer from domestic abuse, be it physical violence, threatening behaviour or coercive control—indeed, torture in their home. The importance of the Bill and these measures has only grown during the coronavirus crisis, as perpetrators have exploited lockdown to intensify their control and abuse and calls to helplines have increased greatly across all four nations.
I make special mention of the many domestic abuse organisations and charities that have provided much current information regarding the amendments required to the Bill. We must clearly acknowledge the support they give daily. Our recognition must go to all victims and campaigners who have pushed through family law reform for victims of sexual and domestic violence, through their own pain, suffering and loss. I welcome the important issues raised by noble Lords in this group of amendments and look forward to hearing the Minister’s response.