Key Facts

• Clause seeks to repeal 'carers’ defence' for controlling or coercive behaviour in intimate relationships.
• Subsections (8) to (10) from section 76 of the Serious Crime Act 2015 are targeted for omission.
• Disabled people are at least 1.5 times more likely to be victims or survivors of violence than non-disabled adults.
• Disabled women are three times more likely to experience domestic abuse from family members compared to non-disabled women.
• Stay Safe East, one of only two organisations in England and Wales led by disabled women supporting disabled survivors, has advocated for this change based on 10 years of casework.
• The coercive or controlling behaviour offence allows a limited defence if the accused believes they were acting in the best interests of the victim.
• Section 76 requires demonstrating that the behaviour, while seemingly controlling, was reasonable under all circumstances.
• There is an exemption within section 76 for individuals responsible for those under 16 years old.
• Peter Bone withdraws New Clause 28.
• The proposed new clause aims to protect those who were previously personally connected from coercive and controlling behaviour post-separation.
• The equivalent provision exists in Scotland and Northern Ireland.
• One in five women in the UK report having experienced economic abuse from a current or former intimate partner.
• 95% of domestic abuse victims report that they have suffered economic abuse.
• Surviving Economic Abuse is an organisation dedicated to raising awareness of and transforming responses to economic abuse.
• The new clause aims to align definitions in the Domestic Abuse Bill with those in the Serious Crime Act, ensuring victims can seek justice post-separation.
• The Serious Crime Act 2015 created an offence of coercive control.
• Clause 1(3) of the Domestic Abuse Bill defines economic abuse as behaviour that substantially affects a person's ability to acquire, use or maintain money or property.
• The Divorce, Dissolution and Separation Bill considers the period required for individuals to move on from abusive relationships.
• Stalking offences under the Protection from Harassment Act 1997 and the Protection of Freedoms Act 2012 can potentially cover economic control in ex-partner situations.
• The clause mandates that the Secretary of State lay a statement of changes in rules under section 3(2) of the Immigration Act 1971 within three months.
• Rules for granting indefinite leave to remain must commence no later than one month after the statement is laid.
• Limited leave to remain for at least six months must be granted without certain conditions from section 3(1)(c) of the Immigration Act 1971.
• Clause 36 amends sections of the Immigration and Asylum Act 1999, Nationality, Immigration and Asylum Act 2002, Immigration Act 2014, and Immigration Act 1971.
• The clause defines 'domestic abuse' using the meaning from section 1 of the Domestic Abuse Act 2020.
• Multiple Members of Parliament have supported revisiting provisions for migrant women facing domestic abuse.
• New clause 29 seeks to ensure no survivor is treated as breaching immigration laws when accessing support.
• Only 5.8% of refuge vacancies in England could accept a woman with no recourse to public funds in 2018-19.
• Three out of every five referrals to refuge are refused due to lack of availability.
• Women without recourse to public funds face significant barriers in accessing support and leaving abusive relationships.
• According to Southall Black Sisters' estimates, there are approximately a few thousand such individuals affected annually.
• Police officers often have to pay for hotel accommodation overnight when they cannot find refuge options for women with NRPF.
• The Government has announced £1.5 million for a pilot fund to support migrant women with NRPF in refuges.
• Tampon tax funding has helped women who cannot claim DDVC.
• About 2,500 women currently claim DDVC and are funded by the Home Office through taxpayer money.
• The statement highlights the need to provide more permanent support for victims.
• Between April 2015 and March 2016, 67% of users who accessed the Southall Black Sisters no recourse fund were on non-spousal visas.
• A survey by Southall Black Sisters found that 64% of women did not qualify for the DDVC and lacked a safety net.
• Women’s Aid reported that two-thirds of its users with NRPF were ineligible for statutory support due to being on non-spousal visas.
• Migrant survivors are charged up to £5,000 for legal advice they could fill in themselves.
• New clause 29 aims to provide migrant survivors with legal aid.
• The cost of supporting migrant women without recourse to public funds was £53.7 million across London boroughs in 2017-18.
• Southall Black Sisters highlighted that 30% of families were dependent on local authority support for over 1,000 days due to Home Office delays.
• Phillips tabled named day questions seeking publication of correspondence regarding the inclusion of support services for victims of domestic abuse with no recourse to public funds in the Modern Slavery Victim Care Contract.
• Lucy Hadley runs the No Woman Turned Away programme.
• The extension of DDVC is supported by experts as a simple measure with minimal cost.
• Women's Aid holds significant data about domestic abuse cases involving no recourse to public funds.
• Migrant women face severe barriers to reporting domestic abuse due to fear of deportation.
• More than half the police forces in England and Wales share victims’ details with the Home Office for immigration control purposes.
• Operation Nexus aims to tackle offending by foreign nationals through increased cooperation between immigration enforcement and some police forces.
• Only 5.8% of refuge vacancies in England would consider a woman with no recourse to public funds.
• In 2017, only 8.2% of the women with no recourse to public funds supported by the No Woman Turned Away project were able to access refuge.
• The DDVC provides welfare benefits for three months to survivors while they apply for indefinite leave to remain under the domestic violence rule.
• The Bill has been tabled by the right hon. Member for Maidenhead three years ago.
• Migrant women suffer from a lack of support due to visa issues and are often left without financial assistance or access to public funds.
• There is concern that new clauses could create unintended consequences, potentially facilitating abuse.
• The DDVC allows eligible victims of domestic abuse on spousal visas to apply for indefinite leave to remain or residence cards with legal aid.
• As of April 30, 3,220,000 applications have been completed under the EU settlement scheme.
• Southall Black Sisters reported that 43% of women they helped in 2019-20 had spousal visas on arrival or contact with services.
• Home Office policy “Domestic abuse: responding to reports of domestic abuse from asylum seekers” dated 16 July 2019.
• A review examining 100 cases on migrant victims of domestic violence in UK was conducted.
• The DDVC scheme, introduced in 2012, operates outside immigration rules for flexibility.
• Victoria Atkins had a regular meeting on the topic of serious violence and county lines gangs.
• Predominantly young men and boys are targeted by county lines gangs in exporting areas to sell drugs.