My Lords, this group of amendments is on the key issue of protections for migrant victims of domestic abuse who have no recourse to public funds, an issue which has been raised by Members across all sides in both Houses. I will speak in particular to Amendment 148 and thank the noble Baronesses, Lady Hamwee and Lady Bennett of Manor Castle, and the noble and learned Baroness, Lady Butler-Sloss, for adding their names to it.
Amendment 148 provides for a new clause in the Bill which seeks to ensure that certain provisions under the Immigration Acts, including exclusion from public funds and certain types of support and exclusion from right to rent, do not apply to survivors of domestic abuse. The amendment also provides for a review into the operation of this change to be commissioned by the Secretary of State.
There are currently no provisions in the Bill for migrant women facing domestic abuse who have no recourse to public funds. This is despite their abusers being able to use the immigration status of a victim and their consequential inability to have any access to public funds as a means of control. It can be almost impossible for migrant women to escape from their abusers if they have no money to gain access, for example, to a refuge or other accommodation. They are often fearful too of any perceived or actual threat of action by their abusers, or their own actions, that would bring them to the attention of the immigration authorities and possible subsequent immigration enforcement and separation from their children.
The situation is not helped by the fact that it is the same department—the Home Office—that deals with immigration issues, including deportation, and support for victims of domestic abuse, which gives rise to our concern that a victim should always be treated as a person in need of support and not first and foremost as an immigration case.
The Commons Home Affairs Committee stated:
“Insecure immigration status must not bar victims of abuse from protection and access to justice”
and the Joint Committee on the draft Domestic Abuse Bill said:
“We recommend that Government explores ways to extend the temporary concessions available … to support migrant survivors of abuse.”
The Sun also, I believe, gave its support to protecting migrant women in this Bill when it said:
“Domestic abusers don’t discriminate, so why should the law discriminate against their victims?”
No recourse to public funds, NRPF, is a legal restriction that bars people on certain visas from claiming most benefits, tax credits or housing assistance
paid for by the state. This would apply, for example, in respect of someone on a student visa. It also applies when migrant women, including their children, become a victim of domestic violence, when the restriction hinders their ability to access life-saving refuge support and other necessary welfare provisions.
Amendment 148 would remove the statutory exclusion that prevents migrant survivors accessing the support and assistance they need and would ensure that no survivor, whatever their immigration status, was treated as being in breach of immigration laws or Immigration Rules by accessing that support or assistance. Without recourse to public funds, migrant victims of domestic abuse are not eligible to welfare benefits needed to cover the cost of a stay in a refuge service. Very few refuge services do not face a funding crisis after 10 years of cuts, and they are unable to cover the cost of a woman’s stay without that funding.
Research by Women’s Aid found that only 5.8% I think it was of refuge vacancies in England in 2018-19 could accept a woman with no recourse to public funds. Three out of every five referrals to a refuge were refused because of a lack of availability and 64% of all referrals to a refuge were declined. That rises to 80% for black and minority-ethnic women. The chances of a migrant woman being able to access a refuge are slim, bordering on impossible.
The experiences of survivors with no recourse to public funds, unable to access a refuge, are grim. Only 8.2% of the women with no recourse to public funds, and supported by the No Woman Turned Away project in 2017, were able to access a refuge—about one in 12. Many had to sleep rough, sofa-surf or even return to the perpetrator while they waited for help. To escape abuse, an individual and their children need to have somewhere to go that above all is safe, providing a bed and food, and to have the resources to be able to get there and stay there. We should not be turning away victims of domestic violence from refuges because of what it does or does not say on their passport, and we should not leave survivors with the only option of sleeping on the streets, with any children, if they are desperate to leave an abusive relationship.
Migrant survivors are often too scared to report domestic abuse as they could then be investigated and even detained. They cannot access safe accommodation and their abusers use their immigration status as a tool of coercive control over them. Women without access to public funds can find it hard to support themselves and their children independently from the perpetrator. It is often the case that the perpetrator is in control of the incomes and the bank accounts.
Women without secure immigration status are prevented from renting accommodation, which also means that refuges can find it difficult to take them. A refuge will always want to provide support, but if a person cannot move forwards into rented accommodation, refuges are left knowing that the move-on options are very limited.
According to the estimates of Southall Black Sisters, we are talking about a group of individuals numbering in the low thousands a year. We are not talking about a large sum of money, but for each of these women the impact on their lives would be enormous.
At the most vulnerable point in their lives, these migrant women need to be believed and to be told that they can be helped. When the abuser tells them that they cannot leave, they have no access to public funds, there is no one to help them and they will be on the streets, they need to know that he is wrong. The trouble is, at the moment he is right. Migrant women are not migrants first and foremost; they are mothers, neighbours, and colleagues in workplaces—for example, care workers and NHS workers. Surely, the solution to the problems many migrant women who suffer domestic abuse face is to give them access to housing benefit, ensure that they can access welfare support and allow them to rent accommodation.
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Amendment 151, in the name of the right reverend Prelate the Bishop of Gloucester, and to which my name is one of those attached, is a specific remedy to some of these issues. It would extend the domestic violence rule and destitution domestic violence concession to more victims and extend the timeframe for the concession from three months to six months. This would build on existing practice to ensure that more victims get the often lifesaving support they need. We strongly support it and look forward to hearing from the right reverend Prelate.
Amendment 160, in the name of the noble Baroness, Lady Helic, and to which the name of my noble friend Lady Wilcox of Newport is attached, would put on the face of the Bill that all victims of domestic abuse must receive equal and effective specialist services and support to protect them and prevent abuse happening again. We also give our very strong support to this amendment and look forward to the speech from the noble Baroness.
I beg to move Amendment 148.