My Lords, I thank all noble Lords who have spoken in this debate, and particularly my noble friend Lady Stroud for tabling these amendments. She and I—as well as every noble Lord who has spoken—share the commitment to protecting all children who are victims of domestic abuse. I noted that she and the noble Baroness, Lady Armstrong, and indeed my noble friend Lord Shinkwin, outlined the very different developmental journeys that a traumatised child will take through their life compared to his or her non-traumatised counterpart.
These amendments seek to recognise the impact of domestic abuse on very young children, including unborn children. Amendment 15 would make explicit reference to unborn children as part of the definition of a child under Clause 3. Amendment 20 is similar in that it would make explicit reference to babies in utero, infants and children under two years old in Clause 7(1)(c)(iii), which provides for the function of the domestic abuse commissioner to encourage good practice in the identification of children affected by domestic abuse. Amendment 172 seeks to make provision for publicly funded therapeutic services for parents of children under the age of two who are victims of domestic abuse. Amendment 179 would make explicit reference to unborn babies and children under the age of two in the statutory guidance provided for in Clause 73.
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As my noble friend said, under Clause 3, a child is to be regarded as a victim of domestic abuse if he or she sees, hears or experiences the effects of domestic abuse and is related to the direct victim of the abuse or, indeed, to the perpetrator. A child is defined as all persons under 18 years of age. All children will benefit from the provisions in the Bill, including Part 2, which recognises the impact of domestic abuse on children in the statutory functions of the domestic abuse commissioner, and Part 4, which places a new duty on tier 1 local authorities to provide support to victims of domestic abuse and their children in safe accommodation.
In addition, Clause 73 provides that the Secretary of State may issue guidance on the kinds of behaviour that amount to domestic abuse and must issue guidance
on the effect of domestic abuse on children. As such, I am confident that the need for statutory agencies to recognise and respond to the impact of domestic abuse on children of all ages is already embedded in the Bill and the associated statutory guidance.
In conjunction with my noble friend, the Government recognise that pregnancy can be a trigger for domestic abuse and that existing abuse may get worse during pregnancy or after giving birth. Some of the statistics that noble Lords have given are absolutely shocking. My noble friend Lady Stroud talked about substance abuse interventions that might be made during pregnancy. The noble Baroness, Lady Finlay, and my noble friend Lady Newlove talked about foetal alcohol syndrome and I think the noble Baroness, Lady Finlay—it might have been my noble friend Lady Newlove—talked about how some pregnant women will self-medicate to try to numb the pain of what they are going through. The noble Lord, Lord Brooke of Alverthorpe, came in with an unexpected intervention, because he did not think he was speaking, about the trauma that can happen in the womb, unrelated to domestic abuse.
The statutory guidance Working Together to Safeguard Children makes clear that local authorities, with their partners, have a responsibility to develop clear local protocols for assessment. These protocols should reflect where assessments require particular care and include unborn children where there are concerns, which is probably very similar to the issue that my noble friend Lady Stroud was talking about with substance abuse interventions. Following a Section 47 inquiry provided for in the Children Act 2004, if there are concerns which relate to an unborn child, consideration should be given to whether to hold a child protection conference prior to that child’s birth. Decisions regarding the child’s future safety, health and development will be made at the conference. I think that covers the traumas that noble Lords have been talking about.
Finally, I reassure my noble friend that the Government are committed to protecting all children, including the very youngest, from the heinous crime of domestic abuse. I know that she will join me in welcoming the imminent publication of Andrea Leadsom’s early years healthy development review, which will make recommendations to improve the health and development outcomes of babies and infants and will consider the impact of adverse childhood experiences such as domestic abuse. In addition, our forthcoming domestic abuse strategy will consider the role of early intervention work with children, including the very youngest, ensuring that they are not forgotten.
The noble Lord, Lord Alton, talked about community-based support, and I look forward to having a full debate about that later in Committee, but I hope that, in light of my explanation and the reassurance I have given, my noble friend will feel content to withdraw her amendment.