- Report recognises “Immigration abuse” for the first time as being used by abusers as a form of coercion and control
- The risk that police pass information to immigration enforcement means that migrant victims fear reporting abuse, allowing dangerous offenders to escape justice.
- One survivor said: “I could barely tolerate the abuse, but couldn’t dare going to the police”[1] – Domestic Abuse Commissioner says a firewall must be created so victims feel safe to report abuse
- Autumn Spending Review: Domestic Abuse Commissioner calls for £18.7m funding injection over 3 years to be given to local authorities to ensure those with no recourse to public funds can get safe refuge
- Nicole Jacobs also calls for a dedicated funding pot over three years for specialist ‘by and for’ services that provide the most tailored support for marginalised survivors.
Some of the most vulnerable domestic abuse victims are being forced to stay with their abusers or face homelessness and destitution because they can’t access public funds to flee, according to a new report by the Domestic Abuse Commissioner.
“Having spent over 20 years working on the frontline, I have sat with victims and survivors and their children as they desperately seek a place of safety, only to be told that their immigration status means there is nowhere to go. This cannot be allowed to continue,” Nicole Jacobs said today.
Ms Jacobs is calling on the Government to put victims’ safety ahead of their immigration status.
The ‘Safety Before Status’ Report recognises the term “immigration abuse” which is being used by perpetrators as a way of exerting power and control over their partners and calls for it be included in the national definition of domestic abuse.
Abusers are using victims’ insecure immigration status to coerce and threaten that they will be deported if they go to the police.
“I told him and his family I wanted to leave, and they told me if I did, I would starve because of my immigration status. That I have no rights in the UK. He kept throwing my card [visa] at me and telling me to read what it says at the back, that I can’t get support,” [2] one survivor told researchers.
Perpetrators are also using or destroying immigration documents to control victims, and statutory services often lack the knowledge and skills to support them.
“I had spoken with social services, the police and my doctor and no one had ever questioned his behaviour or thought it was wrong that he kept my immigration papers locked away.”[3]
In the ‘Safety Before Status’ report, Nicole Jacobs, is calling for a raft of changes that she believes would help keep the most vulnerable victims safe.
These include £18.7m to be made available to local authorities in the Autumn Spending Review (on October 27th) over a three-year period so victims can get a bed in a refuge.
She is also urging the Government to set aside a further £262.9m over three years for a dedicated funding pot for specialist ‘by and for’ services including services for Black and minoritized victims. These services are far more likely to have the knowledge and understanding of the issues faced by migrant victims, are more likely to support them, and yet are far less likely to receive statutory funding.
Ms Jacobs also wants the Government to create an immediate firewall between police and immigration enforcement, accompanied by safe reporting mechanisms and funded referral pathways to support. This firewall should be extended through the Victims Bill to cover all public services.
One organisation told researchers: “We have to tell women who have risked everything and their lives to seek help ‘I’m sorry but we can’t guarantee that your data won’t be shared or that you won’t be deported’. How can we expect any women who are at risk of death to come forward? This is another reason why so many women remain in abuse.”[4]
The report by the Domestic Abuse Commissioner draws on new research by the Angelou Centre as well as a review of Home Office evidence by the University of Suffolk. It also shares early findings from the Domestic Abuse Commissioner’s work to map domestic abuse services in England and Wales, a task which was assigned to her through the Domestic Abuse Act. The report looks at barriers to support for the most vulnerable migrant victims of domestic abuse who have insecure immigration status and paves the way for change with a series of recommendations.
A significant number of the issues raised in the report were highlighted during the passage of the Domestic Abuse Act but amendments put forward to address them weren’t adopted by the Government. There are also significant concerns that what little support is available might be reduced when the Migrant Victims Pilot comes to an end next year.
The Angelou Centre research highlighted the significant problems faced by migrant survivors as well as the lack of understanding of the issues they face.
Umme Imam, Executive Director of the Angelou Centre said: “This report highlights the level of systemic exclusion black and minoritised migrant victims/survivors experience in both policy and frontline responses to violence against women and girls (VAWG).
“Our research found that services routinely prioritise migrant women’s immigration status over their safety and protection, failing to uphold statutory and international obligations to provide equitable support to all victims/survivors of VAWG.
“The Angelou Centre strongly welcomes the Domestic Abuse Commissioner’s work to highlight this issue and calls on the Government to take action.”
Dr Katherine Allen from the Centre for Abuse Research at the University of Suffolk said: “Safety Before Status sets out a clear evidence base on the experiences of migrant victims and survivors, and how the system is failing them and allowing perpetrators to walk free.
“Our research found that ample evidence already exists on the difficulties facing migrant victims and survivors, and that more can be done now to address them,” Dr Allen added.
The Domestic Abuse Commissioner will conduct a larger piece of research to calculate the total number of victims of domestic abuse with No Recourse to Public Funds, and to better understand the cost benefit of extending existing support to certain groups.
This research will be published next year ahead of the evaluation of the Support for Migrant Victims Pilot, to inform long term Home Office policy solutions for this group.
Safety Before Status also recommended that further research into the specific experiences of male and marginalised migrant victims and survivors, including Deaf and disabled migrant victims and survivors, is also needed.
Ms Jacobs said: “This report represents the starting point for my work in standing up for victims and survivors of domestic abuse with insecure immigration status, and it sets out my ambition as Commissioner to ensure that support and protection is provided to all who need it.”
No victim should ever be left behind. It’s time we ensured that safety was the focus for all victims, regardless of their immigration status.
NOTES TO EDITORS:
- Migrant Victims Review: In June 2020, the Home Office published its Migrant Victims of Domestic Abuse Review. From the evidence provided, the government concluded that the following was unclear: which groups of migrants are likely to be most in need of support; how well existing arrangements may address their needs; how long the group might need support for; and how they could be supported to move on from safe accommodation.
- Migrant Victims Pilot: At Second Reading of the Domestic Abuse Bill, the Home Office Minister for Safeguarding announced a £1.5 million pilot, the Support for Migrant Victims Scheme, which aimed to provide the government with the necessary evidence of the gap in current support arrangements in order to put in place sustainable long-term provision. In April 2021, Southall Black Sisters and partner organisations were awarded funding to deliver the scheme, which provides support to 300-500 migrant victims for up to 12 weeks with accommodation and subsistence. The pilot project is expected to run until Spring 2022, after which an evaluation of the project will be published to inform long-term decision making from the Home Office.
- The report includes findings from two independent pieces of research commissioned by the Domestic Abuse Commissioner in early 2021: Hinterland of Marginality, by the Angelou Centre, and A Critical Appraisal of the Home Office’s Migrant Victims Review, by the University of Suffolk. Both pieces of research are published in full on their respective authors’ websites. It also shares early findings from the Domestic Abuse Commissioner’s work to map domestic abuse services in England and Wales, a task which was assigned to her through the Domestic Abuse Act, and which will be published in full in Spring 2022.
- Hinterland of Marginality: Researchers from the Angelou Centre spoke to survivors, 12 specialist led ‘by and for’ Black and minoritised organisations; 10 national VAWG women’s organisations, six domestic abuse organisations and 18 multi sectoral professionals[5] from four regions[6] and used data sets and reports.
- Firewall Super-complaint: In December 2020, the HMICFRS, College of Policing, and IOPC responded to the first ever Super-Complaint, reporting that significant harm is being caused to the public interest because victims of crime with insecure immigration status are fearful that, if they report to the police, their information will be shared with the Home Office and/or the reported crimes will not be investigated. The report recommended that the Home Office should undertake a review, the effect of which it stated “should be to establish safe reporting mechanisms for all migrant victims and witnesses”, including consideration of a mechanism for establishing a firewall. The Home Office is currently undertaking this review, which is due to be published in December 2021.
- Accommodation based domestic abuse services: Part 4 of the Domestic Abuse Act places a duty on all local authorities in England to commission support within safe accommodation for victims and survivors of domestic abuse. Most accommodation-based domestic abuse services commissioned through the duty are likely to fund bedspaces for these services through housing benefit, which victims and survivors with NRPF cannot access.
[1] Victim/Survivor of domestic abuse with insecure immigration status interviewed by the Angelou Centre.
The Angelou Centre (2021), Hinterland of Marginality. Newcastle Upon Tyne: The Angelou Centre
[2] Victim/Survivor of domestic abuse with insecure immigration status interviewed by the Angelou Centre.
The Angelou Centre (2021), Hinterland of Marginality. Newcastle Upon Tyne: The Angelou Centre
[3] Victim/Survivor of domestic abuse with insecure immigration status interviewed by the Angelou Centre.
The Angelou Centre (2021), Hinterland of Marginality. Newcastle Upon Tyne: The Angelou Centre
[4] Frontline domestic abuse specialist interviewed by the Angelou Centre.
The Angelou Centre (2021), Hinterland of Marginality. Newcastle Upon Tyne: The Angelou Centre
[5] Professionals included high ranking police officers, Adult and Children’s Social Care managers, PCC Managers on Domestic Abuse / Violence Reduction, Safeguarding Hubs including MASH and MARAC leads, specialist legal experts on family and immigration law, health leads and local authority VAWG leads.
[6] North East of England, Yorkshire and the Humber, North West of England, London and the South East of England