My Lords, I thank the noble Baronesses, Lady Campbell of Surbiton and Lady Grey-Thompson, for introducing these amendments that seek to expand the definition of “personally connected” in Clause 2. I am very grateful to have had the opportunity to meet them ahead of Report to discuss their amendments.
To answer the question that a number of noble Lords have asked: 3,200 responses were received to the consultation on the Bill and 85% of those responses agreed to our definition in the Bill. We consulted a wide variety of focus groups, which included disability groups; I do not have the list today, but I can try to get it.
These amendments seek to bring all carers under the definition of “personally connected” in the Domestic Abuse Bill. This would include carers who are unpaid, such as neighbours and friends, as well as paid carers and people in a position of trust who care for disabled people.
Let me be absolutely clear: the Government fully recognise that abuse can be perpetrated by carers on the people they care for and that these victims can be especially vulnerable. However, extending the definition of “personally connected” in the context of domestic abuse would have detrimental effects on the overall understanding of domestic abuse and the complexities of the familial and intimate partner relationships that domestic abuse is understood to encompass, where the affectionate emotional bond between the victim and the perpetrator plays a very important role in the power dynamics. By extending the definition to include carers, we would be broadening the definition of “personally connected” to include a much wider range of connections within health and social care settings, which are covered by other legislation, and would confuse the meaning of domestic abuse.
Noble Lords who have spoken in this debate and other proponents of these amendments argue that the relationship between the carer and the person being cared for is an intimate relationship because of the often intimate nature of caring. However, it is important to recognise that different degrees of care are required by different individuals and that not all care relationships can be classed as intimate. Additionally, many care relationships are affected by different power dynamics due to the paid nature of the work that many regulated carers undertake. This would make it inappropriate to class these relationships as domestic abuse, where the
emotional interdependency and sometimes financial dependence make it very difficult for a victim to leave a domestic abuse situation.
This would be detrimental to one of the Bill’s overarching aims, namely to raise awareness and understanding of the devastating impact of domestic abuse on victims and their families. This is a domestic abuse Bill and should not be confused with a Bill on abuse in general, or abuse that takes place in a domestic setting. The explanatory report to the Istanbul convention makes clear what is intended by domestic violence or abuse. In its commentary on the term “domestic violence” it says:
“Domestic violence includes mainly two types of violence: intimate-partner violence between current or former spouses or partners and inter-generational violence which typically occurs between parents and children.”
What is proposed by these amendments—however worthy their intent—would mark a fundamental shift away from the objectives of this Bill, necessarily diluting and stretching the focus of the domestic abuse commissioner. We would also have to reset and reassess much of the work we are doing to prepare for implementing the Bill and developing a new domestic abuse strategy. By fundamentally expanding the concept of domestic abuse as used in the Bill we risk a significant delay in its implementation, and I am sure that is not what the House would want.
The Government recognise abuse of disabled and elderly people by their carers. This type of abuse should be called out and tackled, and existing legislation covers it. The Health Survey for England 2019—Providing Care for Family and Friends, which has been mentioned, shows that most unpaid carers were caring for family members. As such, a wide portion of informal care is already covered by the Bill and by Section 76 of the Serious Crime Act 2015, where the abuse amounts to domestic abuse.
The Care Act 2014 placed adult safeguarding on a statutory footing for the first time. Under Section 42, local authorities have a duty to carry out safeguarding inquiries if they have reason to suspect that an adult in their area with care and support needs is at risk of abuse or neglect. Importantly, this is the case irrespective of whether that individual’s needs are being met by the local authority.
The care and statutory support guidance defines the different types and patterns of abuse and neglect and the different circumstances in which they might take place. The list provided is not exhaustive but is an illustrative guide to the sort of behaviour that could give rise to a safeguarding concern, such as physical abuse, including domestic violence, sexual abuse, psychological abuse, financial or material abuse, modern slavery and discriminatory abuse.
In the almost six years since the Care Act was introduced, we have seen a steady increase in the number of concerns raised, as well as the number of inquiries made under Section 42. This demonstrates that the legislation is having an impact. Data from 2019-20 covering concluded Section 42 inquiries where a risk was identified showed that, in nearly 90% of cases, the outcome was reported to have either removed or reduced the risk to the individual.
Additionally, the Government have made clear in the accompanying statutory guidance that, under the Care Act regarding the duty on local authorities, they must ensure that the services they commission are safe, effective and of high quality. All relevant professions are subject to employer checks and controls, and employers in the health and care sector must satisfy themselves regarding the skills and competence of their staff. Furthermore, the Care Quality Commission plays a key role, ensuring that care providers have effective systems to keep adults safe and ensure that they are free from abuse and neglect. They have a duty to act promptly whenever safeguarding issues are discovered during inspections, raising them with the provider and, if necessary, referring safeguarding issues to the local authority and the police. Lastly, safeguarding adults boards provide assurance that local safeguarding arrangements and partners, including police, councils and the NHS, are acting to help and protect adults who may be at risk of abuse or neglect.
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There is additional legislation that can be used to protect vulnerable adults from abuse outside the scope of domestic abuse, such as Sections 20 and 21 of the Criminal Justice and Courts Act 2015, through which the offence of ill-treatment or wilful neglect was introduced specifically to help tackle the abuse of those people who are dependent on care services. Crucially, ill-treatment refers to the conduct of the offender irrespective of whether it damaged or threatened to damage the health of the victim.
Part 1 of the Bill does not create a new offence of domestic abuse, and many of the criminal behaviours underlying domestic abuse will continue to be pursued in the courts through other legislation such as the Criminal Justice Act 1988, which makes common assault an offence, as well as the Offences against the Person Act 1861, the Protection from Harassment Act 1997, and the Fraud Act 2006. Importantly, where the perpetrator is motivated by hostility or demonstrates hostility towards the victim’s disability, this is a hate crime and can lead to increased sentences under Section 146 of the Criminal Justice Act 2003. Additionally, there are civil remedies, such as restraining orders, that can be used by victims.
The noble Lord, Lord Hunt of Kings Heath, and another noble Lord—I cannot quite recall who it was—talked about not making the amendment breach Article 14 of the ECHR. We do not think that not including carers in the definition of “personally connected” within the context of domestic abuse amounts to a violation of that article. The Domestic Abuse Bill sets out to protect those who are in intimate and family relationships and who are subject to physical, emotional, psychological or other abuse, which is what is understood by most to be domestic abuse.
In conclusion, while I acknowledge the spirit in which these amendments are intended, I hope that noble Lords will accept the importance of retaining domestic abuse as an internationally recognised distinct form of abuse. As I have indicated, were the amendments to be added to the Bill, they could significantly set back our work on implementing it. It is right that,
where a disabled person is abused by a carer who is not an intimate partner or family member, this is called out and that there are remedies available. I hope that I have been able to reassure the House that such remedies and protections exist. I very much hope that I have been able to persuade the noble Baroness, Lady Campbell, to withdraw her amendment. If she does divide the House I would ask noble Lords to consider carefully, before voting, the ramifications of these amendments for the Bill, for its implementation and for our shared endeavour to tackle the scourge of domestic abuse as it is commonly recognised in the Istanbul convention and elsewhere.