Key Facts

• The proposed new clause will create an offence for non-fatal strangulation.
• The offender must be personally connected to the victim as defined in Section 2 of this Act.
• Strangulation is the second most common method of killing in female homicides after stabbing.
• In 2018, 43 women were killed by non-fatal strangulation, compared to only 6 men.
• Non-fatal strangulation can lead to severe medical consequences and psychological trauma.
• Strangulation cases are often undercharged as common assault rather than actual bodily harm (ABH).
• In the US, Australia, and New Zealand, specific laws on non-fatal strangulation have been introduced.
• Anne-Marie Neild's case highlights the failure to recognize non-fatal strangulation as a significant risk factor.
• Several offences can cover non-fatal strangulation ranging from battery to grievous bodily harm with intent.
• Section 76 of the Serious Crime Act 2015 introduced a criminal offence for controlling or coercive behaviour in intimate or family relationships, punishable by up to five years' imprisonment.
• The CPS guidance was updated on 28 April 2020 to address domestic abuse allegations seriously and discourage dropping cases due to victim pressure.
• New Clause 12 would require a register containing details of individuals convicted of domestic abuse.
• Clause 49 aims to amend the Criminal Justice Act 2003 to include serial domestic abuse or stalking offenders in MAPPA arrangements.
• Perpetrators must notify police within 14 days if they start a new relationship.
• A Cardiff University professor's report states that 83% of male domestic abuse perpetrators are repeat offenders within six years.
• In the year up to September 2019, there were over 13,600 repeat victims of domestic abuse in London.
• Clare’s law has been in place since March 2014 but only resulted in disclosures for 55% of right-to-know applications and 40% of right-to-ask applications.
• Since lockdown began, 33 women and four children have been murdered.
• Serial offenders are involved in multiple violent offences before committing murder.
• MAPPA-plus would introduce a new category 4 for serial and serious domestic violence and stalking perpetrators.
• Section 327 of the Criminal Justice Act 2003 allows for risk management under MAPPA for offenders assessed as posing serious harm.
• The police national computer and ViSOR database are used to record information about domestic abuse perpetrators.
• £10 million in funding has been announced for perpetrator interventions.
• DAPO provisions enable courts to use electronic monitoring or tagging on perpetrators.
• Every local authority in England must deliver a Local Welfare Provision scheme.
• The Secretary of State must issue guidance on the nature and scope of these schemes and review them biannually.
• The Domestic Abuse Commissioner is involved in reviewing the guidance.
• The new clause aims to address economic abuse which prevents women from leaving abusive situations due to lack of financial resources.
• Research shows that a third of survivors who left their abusive partner had to take out credit, with Smallwood Trust estimating 70% of applications are from women fleeing or having fled domestic abuse.
• Local welfare provision in England spent only £41 million on local welfare assistance schemes out of a possible £129 million allocation in 2018-19.
• The Children’s Society found that one in seven local authority areas in England now has no local welfare support provided by the council.
• Anti-poverty charities estimate that £250 million should be allocated to local authorities in England for emergency financial support.
• Local authorities are best placed to determine what support is required for the most vulnerable in their area.
• In 2016, £129 million was included for local welfare provision schemes; this was increased to £131.7 million in 2020-21.
• The Government has announced £3.2 billion of un-ring-fenced funding for local government to meet additional pressures arising from the pandemic and continue frontline services.
• Withholding or reducing child maintenance payments can perpetuate economic abuse.
• The Child Maintenance Service introduced a fee waiver for survivors of domestic abuse in 2017 but many remain trapped in a dilemma between financial support and safety risks.
• In 2017, one in four receiving parents cited domestic violence as a reason for not setting up a maintenance arrangement after the closure of the Child Support Agency case.
• The Minister, Alex Chalk, has personally attempted to get money from CMS for his constituents.
• Compliance with the Child Maintenance Service Collect and Pay statutory scheme increased from approximately 57% in December 2017 to 68% in December 2019.
• 723,500 children are covered by CMS arrangements as of December 2019.
• Domestic abuse disproportionately impacts women, with one in four women compared to one in eight men experiencing it.
• More than 1.7 million women have experienced domestic sexual assault and rape, over twelve times more than men.
• Last year, five times as many women were killed by their partners or exes compared to men.
• Refuge staff report that local authorities often misunderstand the nature of domestic abuse in commissioning services.
• Jess Phillips thanks Victoria Atkins, the Minister, for addressing the issue of domestic abuse and gender.
• The draft statutory guidance is emphasized as crucial in reflecting the reality that the majority of victims are female.
• Wales has specific legislation including a gendered approach to violence against women and girls.
• Hestia advised that children who move due to domestic abuse face a four to six month wait for school places.
• Children may live in temporary accommodation like Travelodges or refuges, sharing rooms with others.
• Pro Bono Economics estimates that childhood exposure to severe domestic violence can increase the number of conduct disorders by 25,000 to 75,000 and hyperactivity disorders by 10,000 to 25,000 in the UK.
• Some NHS trusts reported waits of up to 799 days for autism assessments and up to 1,288 days for final diagnoses.
• The estimated cost of long-term effects of severe domestic abuse is between £0.5 billion and £1.4 billion per year.
• The NHS principle is based on clinical need and priority.
• Improving the in-year admission system ensures vulnerable children can access school places quickly after fleeing domestic abuse.
• Fair access protocols are currently used as a safety net for disadvantaged children but face confusion about their application.
• Phillips thanks the Minister for comments on school placements.
• Some families face moving during in-year admissions.
• Assessment processes can take two and a half years without clinician involvement.
• Children may wait up to 798 days in one area only to start over in another after relocation.
• New clause 38 amends regulations for Social Security Payments on Account to exempt domestic abuse victims from repaying advances.
• New clause 39 modifies Universal Credit hardship payments conditions to recognize recent victims of domestic abuse.
• New clause 40 adds an exemption for budgeting advances under the same criteria as new clauses 38 and 39.
• New clause 41 introduces an exception to the benefit cap for those who have fled domestic abuse within two years.
• Over half of survivors surveyed by Women’s Aid and the TUC could not afford to leave their abuser.
• One in five people have experienced economic abuse and 88% faced other forms of abuse simultaneously.
• Welfare reforms such as universal credit, benefit cap, two-child limit, under-35 shared accommodation rate, and bedroom tax are restricting resources needed for survivors to escape abuse.
• The importance of comprehensive training packages for caseworkers.
• Frontline workers in jobcentres can play a powerful role in helping people in difficult circumstances.
• Universal credit's five-week waiting period causes significant hardship for domestic abuse victims.
• The repayment of advance loans often discourages women from taking advantage of them due to fear of debt.
• Research shows that people who take out advance loans are more likely to get into further debt.
• New clauses 38 to 40 would ensure benefit advances for survivors of domestic abuse are treated as grants and do not need repayment.
• The benefit cap impacts 250,000 households since its limit was lowered in 2016.
• Seven out of ten capped households are single parent families with around 85% being female-headed.
• Two claimants in R v. the Secretary of State for Work and Pensions were survivors affected by the cap.
• Discretionary housing payments (DHPs) provided by local authorities are inconsistent and short-term, dependent on council policies.
• In 2018-19, £60 million was allocated by the DWP to local authorities in Great Britain for DHP funding.
• The Department reviews services working with partners who are experts in domestic abuse areas.
• Universal credit advance scheme allows rapid advances up to 100% of estimated monthly award within a matter of days or even on the same day if urgent.
• From October next year, new claims advances will be repayable over 24 months instead of 12.
• More than £1 billion has been provided to local authorities since 2011 for discretionary housing payments.
• Split payments are available when a customer discloses they are a victim of domestic abuse.
• The current system does not require both claimants in joint claims to have bank accounts.
• Approximately 1.3 million adults in the UK do not have a bank account—most are on low incomes or unemployed.
• Split payments by default could result in unnecessary payment delays for those without bank accounts.
• Jobcentre staff receive training and support for victims of domestic abuse through single points of contact.
• DAB71 Mothers’ Union.
• DAB72 Association of Directors of Children’s Services (ADCS).
• DAB73 We Can’t Consent To This - further submission.
• DAB74 Families Need Fathers.
• DAB75 Stonewater.
• DAB76 The Rt Revd Rachel Treweek, Bishop of Gloucester.
• DAB77 National Housing and Domestic Abuse Policy and Practice Group.
• DAB78 Frank Mullane MBE, CEO of Advocacy After Fatal Domestic Abuse (AAFDA).
• DAB79 361 Life Support.
• DAB80 Mumsnet.
• DAB81 Joint submission from Action for Children, Against Violence and Abuse, Agenda, Barnardo’s, Beck Fitzgerald, Centre for Women’s Justice, The Children’s Society, Employers’ Initiative, End Violence Against Women, Hestia, Latin American Women’s Rights Service, National Children’s Bureau, NSPCC, SafeLives, UK SAYS NO MORE, and Victim Support (on NC19 and NC20).
• DAB82 National Association of Child Contact Centres.
• DAB83 The AIRE Centre (Advice on Individual Rights in Europe).
• DAB84 Victim Support.
• DAB85 London Victims’ Commissioner.
• DAB86 Fulfilling Lives South East Partnership.
• DAB87 Latin American Women’s Aid and Dr Charlotte Proudman.