UNCORRECTED TRANSCRIPT OF ORAL EVIDENCE To be published as HC 263-ii
House of COMMONS
MINUTES OF EVIDENCE
TAKEN BEFORE
HOME AFFAIRS COMMITTEE
Domestic Violence
Tuesday 29 January 2008
MS SHAZIA QAYUM, COMMANDER STEVE ALLEN and MR NAZIR
AFZAL
Evidence heard in Public Questions 102 - 156
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Oral Evidence
Taken before the Home Affairs Committee
on Tuesday 29 January 2008
Members present
Mr Keith Vaz, in the Chair
Ms Karen Buck
Mr James Clappison
Mrs Ann Cryer
David T C Davies
Mrs Janet Dean
Patrick Mercer
Margaret Moran
Martin Salter
Mr Gary Streeter
Mr David Winnick
________________
Memoranda submitted by Association of Chief Police Officers'
Honour-based Violence Working Group and the Crown Prosecution Service
Examination of Witnesses
Witnesses: Ms Shazia
Qayum, a survivor of a forced marriage, Commander Steve Allen, Association of Chief Police Officers'
Honour-based Violence lead, and Mr Nazir
Afzal, Director, Crown Prosecution Service (London West), gave evidence.
Q102 Chairman: Can we now resume our inquiry into domestic
violence and forced marriages.
Yesterday the Committee had a very useful visit to Croydon where we saw
the Family Justice Centre there, and today we have a number of further
witnesses in our inquiry. We are going
to start with a number of questions to Shazia Qayum. Ms Qayum, thank you very much for coming to give evidence to this
Committee. We know this is a difficult
thing to do and we are very grateful to you for sharing this experience with
us. The Committee has, of course, heard
from other survivors of forced marriages and domestic violence in private but
this is the first evidence we are taking in public. As I understand it, you were taken out of school and held
prisoner in your home, forced to marry abroad and only returned to the United
Kingdom after agreeing to sponsor your husband under duress.
Ms Qayum: That is correct.
Q103 Chairman: You left your home in 1998 and were
subsequently disowned by your family.
Could you give us a brief account of your experience, in particular, in
dealing with the agencies that are there to help you and others deal with these
immensely difficult problems?
Ms Qayum: Firstly, I would like to thank you for
inviting me and giving me a platform to share my experiences today. My experiences started at the age of 15 when
my parents presented me with a photograph of the person they wanted me to marry
in Pakistan, who was my first cousin.
When I refused to get married I was told that I would not be able to finish
my education. At 15 it was very
important for me because it was my GCSE time.
I was kept at home for a whole year; no one from the education welfare,
no one from social services asked the question where I was. My parents handed in a sick note from the
family GP telling them that I was not well enough to attend. I was kept at home for the whole year and
chaperoned everywhere I went. At the
age of 17 I was taken to Pakistan on a family holiday. I was told: "It's a family holiday and we're
going for four weeks". I was quite
excited to go because I had never been to Pakistan in my life - I am a
British-born subject, born in Britain and never been abroad in my life. On arrival in Pakistan and a week into the
holiday I was told that my preparations were going ahead and it was my
marriage. I was also told that "no" was
not an option and if I did not go through with the marriage I would not be able
to return to the UK. Unfortunately, I
did not feel that I could turn to anybody abroad or any member of my
family. I went ahead with the marriage
and then I was forced to sponsor my spouse for entrance to the UK. I was not only forced to sponsor him to come
to the UK, I was left in Pakistan for a further six months by my parents until
I had done that. When I submitted the
application form to sponsor my spouse, unfortunately, because I was interviewed
with the spouse and the rest of the family, I was not able to raise my
concerns. If I had that opportunity I
would have. I then arrived back to the
UK and had to demonstrate that I could financially support my spouse. While I was working I used that time to write
to the immigration and write to the Home Office explaining how I was forced to
marry and how duress was a factor, and how I did not want to sponsor the
particular person to come to the UK. I
also said in the letter when the marriage took place I actually told my
ex-husband that I was forced to marry him, and his response to me was he did
not care; he just wanted to come to the UK.
Unfortunately, the letters that I did write to the Immigration and the
Home Office, I wrote seven letters and none of my letters were acknowledged,
and to my surprise he got a visa to come to the country. He arrived in the country ten years
ago. I left home, which was a very big
decision for me to contemplate being disowned by my family, from my community
and everything I knew. I did leave
home; I actually rang the police and was escorted by the police. When the police escorted me from the
property my father was shouting abuse and he actually said he would find me and
kill me. The police officers took me to
the police station, took a statement off me and then told me to make my own way
- did not signpost me to any agencies or any support networks. I then went and put myself in a
bed-and-breakfast and stayed there for six months with some money that I had
saved up prior from working. After
staying in a bed-and-breakfast for six months I then heard an advertisement for
a support agency for domestic violence and access to refuge provision, and I
then went into the Karma Nirvana refuge where I started rebuilding my
life. It has now been ten years and I
am still disowned by my family today. I
believe my ex-husband is still in the UK.
I did not support him for indefinite leave to remain; I left two weeks
after him coming into the UK, and he is still there.
Q104 Chairman: Does he have indefinite leave?
Ms Qayum: I believe he has.
Chairman: Thank you very for that statement. My colleagues on the Committee are going to
explore each of the various agencies with you (they have each got a question,
for which we would be grateful if you could answer), starting with Ann Cryer.
Q105 Mrs Cryer: Shazia, your story is a story I hear every
other week in my constituency. Things
have improved because we are able to help girls like yourself, I believe,
through the two organisations that are presently here, but things are still
difficult. My question was to have been
what sort of response did you get when you want to the police station, but from
what you have already said you did not get much of a response. I hope that that would not be the case
today, but I am sure there are certain areas where we have a lack of
understanding of your sort of case. Do
you have any views as to how a police person, on the front line, on hearing of
a case like yours, should deal with it immediately?
Ms Qayum: I think the immediate response should be to
believe that person, first of all. I
think that is the most important thing because nine out of ten times people do
not get believed and it is looked over.
Also, to take the risks on board, because the risks do not stop there
when you are leaving home; the risks really start when you have left home. I think, also, for the police to understand
and put that particular person in touch with a survivor in order for them to
share their experiences with someone else in order to let them know that there
is help and support and light at the end of that tunnel.
Q106 Ms Buck: Just picking up that point, Shazia, about
support, at the very end you just mentioned the refuge option. To what extent do you feel you knew and had
confidence that there may be safe accommodation available to you; that there
were refuges and that there was somewhere physically you could go? Again, what kind of improvements do you
think need to be made to that system to help the people like you of today?
Ms Qayum: Firstly, I did not know about any refuge
accommodation and did not know that until I heard the advertisement on the
radio for a support agency who signposted me to refuge provision. I have never known that there was any
support agency for south Asian women, or any women for that matter, in terms of
domestic violence, forced marriage or honour-based violence. The only thing I did know was that there
were social workers and foster care homes, and I think that was because of the
whole awareness raising. I think not
having posters up in schools, not having teachers talking about it, no
awareness-raising at schools to make you aware that if you are going through
that there are people you can turn to.
I do not believe that I could have turned to my teacher because I felt
my teacher would have gone straight home and told my parents, but if the
teacher is more aware of forced marriage and honour-based violence more pupils
would feel more confident in turning to them.
Q107 Ms Buck: Is that because you thought your teacher
would not believe you? Or do you think
that the teachers would instinctively take the view that your welfare was best
served by your parents, regardless?
Ms Qayum: I think the teachers would contact my
parents, and they would think my best interests are with the parent. I think that was also because of my own
experiences of my best friend getting married at the age of 12 for truanting
school. So therefore I was very
fearful.
Q108 Mrs Dean: I hope things would be better nowadays than
they were ten years ago in your case. I
was interested to hear what you said about not being interviewed on your own
when you went to the Immigration Service.
Were there other times when you had problems with the Immigration
Service? Clearly, that would have been
a chance for you to be able to say to them that you did not wish to bring your
husband over. Can I ask you two
questions, really? What problems did
you have with the Immigration Service, and had you been interviewed at the
time, on your own, would you have felt strong enough to actually say to them
that you did not want to bring your husband over, bearing in mind that your
family could have disowned you for telling them that?
Ms Qayum: Firstly, if I had an opportunity to raise my
concerns and I know that my parents - that I would be disowned by my immediate
family and my extended family members, I would have taken that route. The reason why I would have taken that route
is I was considering writing to the Immigration and the Home Office on my
arrival to the UK. If I had that
opportunity, yes, I would have raised my concerns then.
Q109 Mrs Dean: The other question is more general: what are
the problems you had in actually getting through to them that you did not want
this marriage to exist?
Ms Qayum: The only problems with Immigration, I feel,
is when I wrote to the Immigration, and I continued to write to the Immigration
and I called and they told me they had a backlog, and unfortunately my letters
were not acknowledged; I felt very let down.
Q110 David Davies: Shazia, thank you for sharing your story with
us. Do you think that, in your
experience, this is happening to many young women in your community?
Ms Qayum: I do, I do.
I think it is happening to many, many young women and men, but I believe
it is very under-reported.
Q111 Margaret Moran: Just on the immigration case, Shazia, you
said that (I was going to call him a gentleman but I will not) the person in question
got indefinite leave to remain. Have
you any idea how that happened? The
second point is, before you were taken to Pakistan did you have any inkling or
was there anybody to whom you could have said: "If I don't come back by such a
time alert somebody"? Would there have
been anybody you could have trusted to do that for you?
Ms Qayum: I did not feel that I could turn to anybody
before I went to Pakistan but I also did not know that I was going to be forced
into marriage, because when I was taken out of school at the age of 15 and kept
at home until the age of 16, for a whole year, as a prisoner, I was then
allowed to find a job, and marriage was not an issue at home - no one talked
about marriage. Therefore, when I
turned 17 and was told to go on a family holiday I did not really think my
parents would force me to marry. The
second question: on his arrival to the UK, on 5 November 1999, I left home two
weeks after that. I had no contact
whatsoever but he still got indefinite leave to remain in the UK. I do not understand how.
Q112 Mr Streeter: Thank you for your courage in coming here
today. Education you have already
touched on - that you were kept back from school and the school did not make
any inquiries. Has there been any
subsequent follow-up from school at all?
Really, I suppose, that has wrecked your education? Have you been able to get qualified in
anything since?
Ms Qayum: It was a very big impact on my education
because it was a very important time - GCSE time. I was kept at home for a whole year and no one from the education
welfare came to ask the question why; I almost felt invisible and no one
cared. I also remember sitting there
thinking that if I was any other child and if I wasn't Asian would school
teachers be knocking on the door? Was I
different just because I was Asian? In
terms of my education now, I have just managed to get my first qualification,
which is the first year at university in community research in mental health of
South Asian women. That is very recent
- last year.
Q113 Mr Streeter: I am going to ask a question but feel free
not to answer it. What impact has all
this experience made on your personal faith?
Ms Qayum: Quite surprisingly, I have used my faith to
empower myself. My parents used my
other faith, our religion, as a tool and told me, in particular, that no matter
what your parents say you have to obey your parents. Yes, you do obey your parents, but if your parents are abusing
you, you know - a wrong is a wrong and a right is a right. I have used my religion to empower myself.
Mr Streeter: Well done.
Thank you very much.
Q114 Martin Salter: Shazia, what is very alarming is the lack of
practical support you were able to draw upon from the authorities. Could you just explain for us why the GP was
able to sign you off when you were apparently completely healthy for an
indefinite period of time? Was the GP
part of the conspiracy in your view?
Ms Qayum: The GP was a family friend. My parents actually went to the GP without
taking me to the GP surgery and they had a sick note and handed it into
school. I do not know how long that
period of sick note was for - three months, three weeks, or six months - but
that was handed into school to say I was not well.
Q115 Martin Salter: Would it be your advice to us, in the course
of our inquiry, that we should probe the role of GPs in cases like this, where
the GPs are actually in breach of the ethical standards that govern their
procedures by signing sick notes in order to facilitate, effectively, forced
marriage?
Ms Qayum: Absolutely.
Q116 Martin Salter: Okay, we will certainly take that on
board. Secondly, you now work for Karma
Nirvana.
Ms Qayum: I do.
Q117 Martin Salter: And they recommended, in this incredibly
helpful submission, DV36, that we called you as a witness, and we are all
delighted that you are here. However,
we also noticed, in the same submission, that they note that "not one secondary
school in Derby would display the Government's forced marriage poster, which we
have tirelessly advocated schools to display".
Ms Qayum: That is right.
Q118 Martin Salter: This appears to me to be touching on the nub
of the problem. If the Government's own
Forced Marriage Unit cannot put posters advertising its services into schools
that are funded through the taxpayer, do we not have a serious problem of
institutional resistance? Is this
another area that we should be probing?
Ms Qayum: Definitely.
It is very important to me for all 0young people at schools to know what
help and support is out there. Before
the summer holidays myself and Yasmin Sangerra (?) approached all secondary
schools in Derby and spoke to all heads of schools and told them that we wanted
them to put the posters up for children to know what kind of support is
available and where they can get in contact.
They told us they did not want to offend parents. They have posters for drugs, alcohol and all
other posters up there, and to offend parents and not have the forced marriage
poster is not a good enough answer.
Q119 Martin Salter: You said that your husband really was not
interested whether it was a marriage under duress or not, all he was interested
in doing was getting into the UK. Is
forced marriage used in many ways as a way of shortcutting the established
immigration procedures?
Ms Qayum: Definitely.
I see a lot of young women and men who tell us that forced marriages are
used to get entrance into the UK. I
quite clearly told my ex-husband that I did not want to be his wife and I did
not want to be his partner, and he told me he did not care, he just wanted to
come to the UK. At the same time, that
was something we agreed on so that we did not consummate the marriage. Because I did not want to consummate the
marriage I played along with him to sponsor him to the UK until I could get
help or try to get help from the immigration by writing to them. Unfortunately, I did not get a response.
Martin Salter: Thank you very much for coming to see us.
Q120 Mr Winnick: As I understand it, your husband, you told
us, was given permission by the Home Office to stay here as your husband,
because, clearly, from what one can gather, there was no proper
investigation. If the answer from the
Home office had been no, is it likely that your parents, either with you,
against your wishes but nevertheless, or on their own, would have gone and seen
their Member of Parliament and urged the Member of Parliament to take action to
try and allow your husband to stay?
Ms Qayum: Possibly.
Possibly. I am not sure. I did believe they would have tried to use
every opportunity they could for him to remain in the UK. Unfortunately, I have not had any contact
with my parents whatsoever.
Q121 Mr Winnick: So there does seem a problem, does there not,
with Members of Parliament (who, obviously, are always concerned to try to
please constituents, for the most obvious of reasons) taking up cases which, in
the end, in some instances like your own, if it happened (and it did not happen
because the Home Office said yes), can cause great unhappiness.
Ms Qayum: Absolutely.
Mr Winnick: Perhaps that is a lesson, Chairman, for
Members of Parliament ----
Chairman: I do not know why you are looking at me!
Mr Winnick: I would have thought that is a matter that
should be of concern to us.
Q122 Chairman: It is a matter of concern. Ms Qayum, have you written to the Home
Secretary to ask her how it was possible for indefinite leave to be granted to
someone in this country where the spouse was not supporting that indefinite
leave?
Ms Qayum: No.
Q123 Chairman: Would you like to write to the Home Secretary
and send us a copy of the letter?
Ms Qayum: Absolutely.
David Davies: We could, perhaps, Chairman, on Ms Qayum's
behalf.
Mrs Dean: The problem is I think Ms Qayum will be told
she is the third party, as we are when we write to constituents.
Q124 Chairman: She might be. If you write to us we will forward the letter on.
Ms Qayum: Thank you very much.
Q125 Chairman: It is not possible to get indefinite leave by
fraud if somebody has fraudulently done it.
I am not suggesting you did, but you simply need an answer. The Committee will write on your behalf.
Ms Qayum: Thank you very much.
Chairman: Thank you very much for giving evidence
today. You are welcome to stay. We have some questions of Mr Afzal and
Commander Allen. As time is relatively
short, we have enough time to ask all our questions but what we are going to do
is direct questions to each of you in turn.
If you want to chip in, please do so.
The Committee promises to put the questions briefly but we would like
brief and succinct answers, if that is possible. I would like to start with David Winnick, who has a question on
the police.
Q126 Mr Winnick: Commander Allen, we have heard a very
impressive and very courageous experience told to us today. There was, however, the very sad and tragic
case of the woman who was murdered, Banaz Mahmoud. How far would you say that those seeking assistance from the
police are in a position where they will be helped and not, indeed, in the case
we have just heard, told they are virtually on their own?
Commander Allen: Chairman, good morning. Unfortunately, many of these questions do
not lend themselves to short answers, but I will try, and trust you to take me
to other places if you want to. The answer
to your question is that I am more confident now than I have ever been. Ten years ago, as the head of operations for
the City of Bristol, I had never heard of this issue, which, when I reflect on
that, strikes me now as being quite remarkable and astonishing, given the
nature of that community. The service
has moved to a point where now, quite evidently, we have an ACPO lead on the
subject and a developing strategy and much has been done. To summarise, in answer to your question, I
think at a strategic level and at a policy level, in terms of the guidance that
we have developed, the evidence base that we have developed over ten years, and
the resources that are available to officers, it would be reasonable to say,
without wishing remotely to sound complacent, that in terms of the
investigation of honour related homicides the service is now far in advance of
where it previously has been, and most investigations now receive credit for
the quality, sensitivity and professionalism of them. I think we have also witnessed some significant improvements in
the responses and the knowledge made by what I would call specialists in,
particularly, domestic violence functions - those who receive additional
training, those whose job it is to manage the risk assessment process and then
conduct investigations. The further we
get towards the front end the less confident one can be. The key challenge that I have always seen
and articulated with this work is that we have in excess of 100,000 people
around the country who may be the first person to whom a victim reports, and
the ambition has to be to have the confidence that every one of those
100,000-plus people, every single time they come into contact with a victim,
gets it right. I cannot sit here and,
in all honesty, say to you that I believe that on every single occasion we do
get it right, because I know from contacts with those working in the field that
on far too frequent a basis we still do not get that right. My assurance is that we are doing the work
to try and improve that situation. As I
say, we have developed much guidance and many tools for officers in developing
training on a national basis in order to try and make sure that we can give
that guarantee. We are much better than
we were, but we still have a way to go.
Q127 Mr Winnick: Where it went disastrously wrong, in the case
which I mentioned, Banaz Mahmoud, a 20-year-old woman of Kurdish origin who her
parents were trying to force into a marriage, she approached the police four
times - four times - in fear of her life, including writing a letter to the
police with the names of three men, her uncle's henchmen, who she thought -
with every justification, sadly, as it turned out - would murder her, and her
body was found buried in a suitcase in a family garden in Birmingham in
2006. It has, of course, been a case
where the IPCC are conducting an investigation into what was described as an
inadequate police response to her appeal for help. It is a terribly tragic case; terrible that her life should be
taken by thugs simply because she was desperate not to marry a particular
person, and all her efforts to contact and be helped by the police did not
succeed in any way. Do you feel,
Commander, that every police station in the UK has been notified about this
case - the circumstances and the lessons to be learned? Are you satisfied that wherever the police
station may be (obviously, there are many parts of the UK where the number of
people of Asian origin are few), by and large, the police sergeant, etc, and
his superiors would know and understand the situation - different from what
happened to this lady?
Commander Allen: Our response in relation to that particular
tragic case, sir, is that the IPCC have still not published their investigation
report, and we await that, hopefully, in the next month or so. Of course, we will learn lessons from
that. I have delayed putting the draft
ACPO strategy into the ratification process precisely because I want to make
sure that that strategy encapsulates the learning that comes out of that. As you will be aware, there were two
different police forces involved at various stages during the inquiry. In terms of your question about the lessons
coming directly out of that case - have we circulated those to police forces -
no, because we have not seen the IPCC view of those lessons yet, but what we
did do in the immediate aftermath, or as soon as that case came to light
(originally produced by the Metropolitan Police but now under an ACPO badge) is
produce a two-page guidance document, which I am very happy to circulate to the
Committee.
Q128 Chairman: Please.
That would be very helpful.
Commander Allen: Which sets out some background and some of
the key dynamics, and it gives very, very specific guidance to officers in
terms of what they should do and what they should not do. It also gives, reflecting on Shazia's
experience, a range of contact details for organisations and agencies that can
provide that support. We have
re-circulated that; that was the second time that had been circulated to every
police force in the country immediately that that case came to light. Certainly, I can tell you that my own
responsibility as the Commander of Westminster resulted in that being brought
to the attention of every member of staff who works at a front counter.
Mr Winnick: Thank you.
Q129 Mrs Cryer: Nazir, what are the specific barriers to
pursuing cases of honour-based violence or forced marriage? I recognise that forced marriage in itself
is not a criminal offence, and therefore I recognise that you cannot pursue it,
but in the course of someone being forced to marry there must, of necessity, be
various criminal acts carried out.
Mr Afzal: Absolutely.
Q130 Mrs Cryer: Yet to date I do not know of anyone being
prosecuted for committing these acts of violence or criminal acts in order to
force someone to marry.
Mr Afzal: Good morning, Chairman, good morning, Mrs
Cryer. You are absolutely right; forced
marriage is seen by us as a trigger for much of the violence that we end up
prosecuting. As you know, forced
marriage itself is not a criminal offence.
However, false imprisonment, abduction (the kind of things that happened
to Shazia), violence, duress and psychological harm - all of those things could
potentially be criminal offences. You
will know there are examples up and down the country, many presently ongoing,
where we are prosecuting vigorously, robustly cases which would perhaps
surround a forced marriage, but enable us, using the current legislation to
prosecute, we hope, successfully. I am
not overly concerned about the legislation; I think we have more than enough
legislation available to be able to prosecute these crimes as effectively as we
are. I also concur totally with
Commander Allen about the level of knowledge of officers: 100,000 police
officers, 8,000 prosecutors - you cannot expect everybody to know everything
about everything. However, we recognise
there are large numbers of people who are better informed now than they ever
were. The main obstacle, quite frankly,
Mrs Cryer, is the lack of awareness, the lack of education, I guess, around
this issue. As much as I have been
talking about it - and Commander Allen, Shazia and others, and yourself for
many years - there are still people who are surprised by it. There is a need to make sure that everybody
is familiar with the issues, everybody is aware that this is an issue not of
honour, it is an issue of power and control - male power over female behaviour
- ultimately, as long as you put it in the context of human rights, and not
just women's rights, if people are prepared to listen. Until we can get to a situation, as Shazia
pointed out, where the educationalists, people working in education, people
working as health professionals and others, spot and identify the triggers
which potentially will lead to a forced marriage or to honour-based violence,
then we are limited, because the evidence is not going to come to us. Also, on the other aspect, awareness, of
course, the victim or witnesses themselves are reluctant to come forward. It may be necessary for the others, who have
a duty to care towards them, i.e. the health professional, the teacher, the
headmistress, or headmaster, to actually bring it to the attention of the
authorities in a way that they, perhaps, would not. At the moment, I am not convinced that is happening routinely up
and down the country. There are many
examples; Shazia's may have happened ten years ago but ten years later I can point
to many examples right now where the educationalist, a teacher, perhaps
inadvertently, as in the case of Heshu
Yunes, informed the parents that there was some reason why she was missing
school, which ultimately led to her death.
So you have the inadvertent and you have the unconscious, really, lack
of awareness. That said, great news (I
think Commander Allen said it); whilst we have not shared all the good factors
that have come out of Banaz and Zafar Aqbal (?) (another major case that we
dealt with last year), other areas around the country are picking it up very
quickly of their own volition. I was in
Cleveland just before Christmas where they have launched their own
hotline. Cleveland you would not
imagine to be a hotbed of honour-based violence and forced marriage, but in the
month since that hotline became active 90 'phone calls and 22 active
investigations. These are places that
are running with it themselves. They
recognise how important it is that they take the lead, and they are taking the
lead.
Q131 Mrs Cryer: You do not feel that the CPS, or the police
for that matter, have a problem in not wishing to be too clear about certain
prosecutions, because they do not want to be accused of discriminating against
certain ... That is behind ----
Mr Afzal: Many, many years ago, thank God. I think it was a former Solicitor General who
said political sensitivity is no excuse for moral blindness. We are not interested in the idea of
sensitivities here because, ultimately, we are talking about child protection,
victim protection, and homicide - serious offences taking place - hidden
victims and hidden perpetrators. You
will know the figures: you will know that three times as many Asian women
commit suicide as opposed to white women from this country; you will know that
just in the line between Slough and Southall 80 women killed themselves in the
last year, and you can work out for yourself the ethnicity, perhaps, of those
individuals. So suicide and self-harm;
again, these are hidden victims. We are
not interested in hidden victims; we are about bringing them out into the open,
and I am not in the slightest bit concerned about being criticised for being
discriminatory or racist, or whatever that might be.
Q132 Mrs Cryer: I understand there are specialist training
courses for CPS solicitors so far as domestic violence is concerned. Do you have anything similar for
honour-based crimes and forced marriages?
Mr Afzal: Yes.
We are now piloting in four areas - West Yorkshire being one of them,
West Midlands, four boroughs in London and Lancashire - specialist
prosecutors. These are people we have
identified who are in a position to use their knowledge that we have given them
and which they have picked up from other sources, and we are also giving them
special guidance, and they are working in those areas to be able to deliver a
better service to their local police services.
Once we have finished the pilot, which we hope to finish in three
months' time, we will look then and share best practice, deliver guidance and
see whether or not we can identify further specialists up and down the country.
Q133 Chairman: Commander Allen has a quick point.
Commander Allen: I just thought it was important to reiterate
the point about (let us call it) political correctness or political sensitivity
shaping operations. We have come to
learn that whatever we do we will attract criticism. I led the raids into Slough on Thursday of last week and spent
all of yesterday being accused of stigmatising and targeting a particular
community. If we do not take action we
get accused of not taking action because we are frightened of taking on
cultural issues. Our view is that we
target criminality. Our view is that
our responsibility is to identify and protect victims, and we are very, very
clear about that being the focus of all our interventions.
Q134 Mr Winnick: You should carry out your duties and not
worry about unnecessary and irrelevant criticism. That is what we would like you to do, and I am sure you do it
day-in and day-out.
Commander Allen: Absolutely.
Q135 David Davies: Mr Afzal, yesterday I spoke to somebody about
the Forced Marriage Unit and I was told that the CPS had figures showing that in
Bedford alone 300 girls aged between 13 and 16 have disappeared from school
rolls. I do not know why the CPS would
have that ----
Mr Afzal: Exactly.
It is not the CPS. We are aware
of the figures.
Q136 David Davies: Can you tell me what the figures are nationally,
or what you are aware of?
Mr Afzal: I cannot give you those figures.
Q137 David Davies: Can you write to us about that. That would be very helpful.
Mr Afzal: On the main point that Mr Davies makes, we
are not just working with victims of crime, we are looking at potential victims
of crime. We have identified thousands,
probably, of young girls between those ages, 13 and 16, who are no longer in
education. Very many of them are,
allegedly, being home-schooled and very many of them are not being home-schooled
at all because there is no means of being able to check what is happening to
them. Very many of them will end up
being - well, they are victims already, I would say - victims of forced
marriage or honour-based violence. I
know that a number of institutions are receiving freedom of information
requests to get the full information.
At the moment I do not have that in the way that you would like, but I
am sure we can give you what we have.
Chairman: If you could do that, that would be very helpful.
Q138 Mrs Dean: Commander Allen, do you agree that
honour-based violence and forced marriage still remains very
under-reported? Have you got any data
on the extent of violence and forced marriage?
Could you say whether it includes both male and female - I think 15%
male has been mentioned somewhere?
Commander Allen: We have a significant amount of data in
relation to forced marriage and honour-based violence that is reported to
us. It is very difficult, because of
the way that our data recording systems work or do not work across the country
and their consistency, to understand how much is reported to us. We work on a figure which suggests it is
around 500 cases shared between us and the Forced Marriage Unit per year. Is it under-reported? Massively.
What we will never know, or cannot know at the moment, is the extent to
which it is under-reported. If you were
to ask me to hazard a guess, if the generally accepted statistic is that a
victim will suffer 35 experiences of domestic violence before they report, then
I suspect if you multiplied our reporting by 35 times you may be somewhere near
where people's experience is at, but we simply do not know. We recognise that the issues are those in
relation to the police about trust and confidence; there are also issues about
whether the criminal justice system and process actually provides people with
the kind of outcomes that they believe that they want. Clearly, it is one of the key strategic aims
of ACPO's work to find ways of developing trust and confidence. The key way that we do that goes back to my
first answer, which is that every single one of our people gets it absolutely
right every time they come into contact with a victim.
Q139 Mrs Dean: How are you working, or how are the police,
in general, working, with communities to overcome the under-reporting?
Commander Allen: I think it is fair to say that since about
2003, with some work that was led by Commander Andy Baker and DAC Carol
Howlett, for the first time, I think, a range of agencies and community groups,
voluntary sector groups, were pulled together in order to start to understand
the issue and work together. It is a
field populated by deeply passionate and committed people with very strong
views, so those relationships are always dynamic and productive, but I think we
are now in a place where we have productive relationships with a range of
community organisations. I hope that
they would say that we listen and respond to the issues they raise with
us. However, I do think, in terms of
the Committee's considerations, one of the things that is on my shopping list
around the role of government, is that I firmly believe that the Government
needs to develop a clear and comprehensive cross-sector communications
strategy, an engagement strategy. To tie
that in, in my work I have folders on my shelves, one of which says: "Crime
Reduction Strategy"; one says: "Community Engagement Strategy"; one says
"Community Cohesion Strategy"; one says: "Preventing Violent Extremism
Strategy", and one says: "Community Justice Strategy. All those things, really, are facets of the same diamond. I believe there is a real need now not to
articulate those engagement strategies but to bring them together in a really
coherent way. When you begin to look at
all those different strands of engagement you begin to understand that issues
around honour-based violence and forced marriage fit into each of those. There is a real crying need for that
bringing together of an engagement approach.
Q140 Mrs Dean: How do you respond to claims from specialist
organisations that current risk assessment models are not suitable for use with
honour-based violence, and that the police are not prepared to provide adequate
protection to people at risk of honour-based violence?
Commander Allen: I think those are two different
questions. The first, in relation to
the risk assessment process, I am sure, although I did not hear his evidence,
that Chief Constable Brian Moore would have talked to you last week, or
whenever, about the work that the Domestic Abuse Portfolio (to which I report)
is doing around trying to develop a consistent and single risk assessment model
across the country. I imagine he talked
to you about the "specs plus" (?) model.
I do not know whether that means anything to you, but that is the risk
assessment model that is currently being used by about 29 forces across England
and Wales, and we are trying to make that the basis for risk assessment across,
certainly, England and Wales. That
model is constantly updated and has been recently updated by Laura Richards to
include specifically the appropriate questions and the appropriate factors to
take into account honour-based violence.
Now, there is still, inevitably, debate about whether we have got that
right, but it is an explicit aim of the work to develop that risk assessment
model, to make sure that it caters for victims of honour-based violence. The other piece of work that goes alongside
that, of course, is not just police forces not using the same risk assessment
model but, perhaps more crucially, the range of different agencies involved in
public protection arrangements not each choosing the same risk assessment model
themselves. So the work that is being
done and supported through ACPO is around trying to make sure that a consistent
risk assessment model, as in the Marac model, is available to all agencies,
which encompasses the particular dynamics of honour-based violence.
Q141 Mrs Dean: Lastly from me, the Metropolitan Police are
undertaking a review of, I think, 109 cases of murder, suicide and missing
persons over a ten-year period across the country. Could you tell us what progress has been made in that review, and
are there staffing issues? Have you got
enough staff running that review?
Commander Allen: It sounds from your question as though you
are well-informed about the person who began that review, Laura Richards, who
is responsible for much of building the evidence base over the last few
years. Laura began that review two years
ago and has since moved on from the Met and now is working as a consultant to
Brian Moore in the ACPO role. That
piece of work continues but I think it would be fair to say (and I would not
sit here as a spokesperson for the Met because I have my ACPO hat on) that the
way that that piece of work has evolved is that, rather than producing a single
document that will identify particular lessons, it has become more of a process
by which the murder review process feeds into lessons learned. The other aspect of it is the cold case
review and the way in which cold cases get brought forward for
re-investigation. I can say with
certainty that the Met has a process, which is wider than just honour-based
violence, which is specifically about how do we bring forward appropriate cold
cases based on additional evidence and based on the requirement to resubmit
forensic samples, given new technology.
Those cases will form very much part of that process. The issue in terms of staffing, of course,
is that cold case investigations tend to be done when the capacity is there and
not being used on current cases. So, of
course, there are resource issues - you would be astonished if I sat here and
said the British Police Service has no resource issues that we want government
to address - and there are competing priorities, but the work goes on.
Q142 Mrs Dean: How many of the 109 have been investigated?
Commander Allen: Would it be helpful to let you know on paper?
Chairman: That would be very helpful.
Q143 Martin Salter: A couple of quick questions to Mr Afzal. I note that the CPS has brought in enhanced
electronic monitoring since April 2007, flagging up cases, and, also, that we
have these four pilots on forced marriage and honour-based violence in, I
think, Lancashire, London, West Midlands and West Yorkshire. Mr Afzal, how many cases has this process
flagged up, just so that we can get an idea?
Secondly, I know you have not finished the pilots yet, but what are the
kind of emerging lessons, if any, you would like to share with us?
Mr Afzal: Thank you.
In terms of quantity, I think it is impossible to say right now, largely
because we have given an undertaking that we will not talk about it until we
finish the pilot in March. Nonetheless,
I think the point being made about under-reporting and under-investigation and,
subsequently, under-prosecuting will be borne out by the pilot in that
respect. In terms of the emerging
findings, we have recognised that there is a reluctance (we know already) by
victims to come forward. What can we do
to make it easier for them? We have
identified certain things that we can do; not just the simple, special measures
and those kinds of things that you have already heard about, but what else we
can do. I think Shazia made the point
very validly earlier on that the moment they engage the authorities, as such,
their risk is escalated substantially, which is where it varies from your
standard domestic violence crime.
Undoubtedly, (and Shazia is, thankfully, not one of those) they will
require support and, perhaps, protection for the rest of their lives. I am sure you will know this, Mrs Cryer,
from examples in your constituency.
That is something we have become aware of. There is also a recognition that if you can get 22 actual
investigations in Cleveland in a month, for example, then, perhaps, there is
more work to be done locally with the communities, because that is one means by
which you can do that. I listened to
what Commander Allen was saying about the community response: you get two
responses, one of which is a very positive one, where young people get together
and talk about how horrible this is, and what we can do about it and what they
should do about it. Then you get the
response (I will give you two examples) from a faith leader whom I asked to
talk about this during a ceremony, telling me: "I have to deal with my
congregation every day; you only come here once a year" - so immediately saying
he was not going to talk about it because he thinks he would lose his
congregation. The second example is of
a women's group, which wanted to set up a memorial tree for each victim of
honour killings over the last few years, hearing from within the community that
somebody would chop them down. When you
have that kind that obstacle to face is it no wonder that victims or witnesses are
reluctant to come forward? However,
working together, all of us together, I think we are able to give them more
confidence to deal with these cases better than we have ever done before.
Q144 Martin Salter: Thank you.
I note (and this is really a question across to Margaret who is leading
on this) that our inquiry is going to run well into March on this subject, and
your pilot ends in March as well.
Mr Afzal: We will do our very best, Mr Salter.
Q145 Martin Salter: What I am asking is would you be prepared to
share some further conclusions with us as our inquiry comes to fruition at the
end of your pilot scheme?
Mr Afzal: Absolutely.
Q146 Martin Salter: One last question: there is a suggestion
rattling around from ACPO that where the exacting standards for criminal proof
in an honour-based killing or honour-based violence case cannot be met, there
may be some scope of going down the civil route. Does the CPS have a view?
Mr Afzal: We are having very early discussions about
that. There are some legal obstacles, the
first of which is that we do not actually own our statements; a victim makes a
statement for the purpose of criminal proceedings and we are not at liberty to
simply hand it over to a civil lawyer, for example. There are some legal obstacles that we have to overcome, but we
are certainly in discussions with ACPO about whether that could be done.
Martin Salter: Thank you.
Q147 Mr Streeter: Mr Afzal, do you think that forced marriages
should be a criminal offence - forcing someone into marriage?
Mr Afzal: There was a very, very detailed consultation,
as you know, Mr Streeter, a couple of years ago, and two-thirds of the people
consulted - lots of people who are in this room who work in this field more
than I ever do - said that it would actually drive it underground; that people
would be reluctant to come forward. As
I said at the outset, I have every offence available to me to be able to
prosecute these types of crime, so simply having a forced marriage one would
not make it any easier for me.
Q148 Mr Streeter: Thank you very much. Has the 2004 Act, the new crime about people
being aware and not telling, helped you in prosecutions?
Mr Afzal: Right this minute - I am not able to discuss
it - there is a very, very important case taking place in West Yorkshire around
this subject itself. Yes, it does,
because I think a lot of people have said: "I couldn't do anything about it",
but if we can now demonstrate that you could have done somebody about it and
protected somebody and you did not, you, yourself, can be guilty of an
offence. That, I think, is a very
strong tool for us.
Q149 Mr Streeter: Finally, from me, are you happy with the new powers
that you have been given in the 2007 Act?
It is very early days but do you think they are going to make a
difference to your work?
Commander Allen: I think it is a mixed picture, sir. More tools with which to protect victims is
a good thing. I think the most powerful
thing, in terms of the response of agencies, is that it puts the guidance on a
statutory footing. That cannot come
quick enough, in my view, and I hope that government is relentless in making
sure that that proceeds. At the moment
the proposal is a pilot later in the year; I am not sure whether we need a
pilot or whether we just need to get on with it, but I think that will mark the
step change, particularly in some forces which may be not quite as advanced as
others, in terms of sorting their act out.
I think, powerfully, because it sends a very clear message. So, yes, huge supporters. A couple of options, I think are missed, in
the piece of legislation (and you may think I am chancing my arm): a statutory
duty to share information, which I know Brian Moore would have talked to you about,
is a key step forward. If you think
back to Shazia's experience, if agencies were under a statutory duty to share
particular information then that is a good thing. I am not sure how this legislation would have done this but, once
again, we have another piece of legislation in relation to these types of
issues that does not begin to touch on people with no recourse to public
funds. I also thought there was an
opportunity, maybe, to mandate into the performance frameworks that operate
across crime and disorder organisations, in particular in relation to Local
Area Agreements, which we are all busy negotiating at the moment, some element
of that mandatory performance framework that pushed us into activity around
forced marriage and honour-based violence.
So a mixed picture. Yes, of
course, we welcome it and we look forward to the next iteration.
Chairman: Thank you.
Finally, Margaret Moran has questions to both of you.
Q150 Margaret Moran: We have heard from various evidence that many
of the victims and survivors of (I am not going to call it "honour-based")
forced marriage and the consequences fall outside the remit of a lot of the
policies on domestic violence and fall outside of the specialist domestic
violence courts, for example, because they are under the age of 18. What can we do to try and address that?
Mr Afzal: Our old domestic violence definition, which
is still in being, talks about "irrespective of age" - victims and
perpetrators. So we do not take an
issue. Obviously, if they are under 18
we will deal with them as a child protection issue through the child protection
processes. I am not overly concerned
about the age aspect. We have enough
awareness, education and knowledge within our organisation - and I am sure the
police have - to be able to tackle them regardless of their age.
Commander Allen: Our approach has been to try and balance the
interesting relationship between domestic abuse, in its most general form, and
the particularities around forced marriage and honour-based violence. We are of the view that there is some value
still for the police service in identifying a specific definition, separate
from the domestic abuse definition, which will be part of the new
strategy. A huge amount of
consultation; it is very difficult to get consensus on it but we are going
ahead with a single definition which we hope will address some of the issues
around data collection, in particular, around the country.
Mr Afzal: Going back to the other point you made about how
it squares with domestic violence more generally, we keep it within our
domestic violence strategy but it will obviously be encompassed by our violence
against women strategy, although there are male victims, which I think you are
aware of - 15% of all the forced marriage cases dealt with. I have seen an assessment being carried out
in your constituency, Ms Moran, and I know that this is an issue that people do
not want to talk about, for whatever reason, but it is alive. I have learnt, particularly, over the last
two or three years how organised many of these things are. It is not a case of one perpetrator on one
victim, which we all tend to think of as domestic violence, but very many cases
- very many cases - are all organised; half-a-dozen people. The Banaz Mahmoud case which Mr Winnick
mentioned - six or eight people were involved, potentially, in that kind of
scenario. That kind of organisation requires
an organised response, requires multi-agency responses and requires us to be
aware that it is very easy for us to go after the man with the bloodied knife
but what about the people behind the man with the bloodied knife? We have made it very clear that we will go
after everybody that is potentially responsible for a particular crime, because
ultimately you are all as guilty as the person with the knife.
Q151 Margaret Moran: Just following that point, how much research
has been done? As you rightly say, this
is highly organised, often based on plans and very extended families. I have actually got in the middle of some of
this at various points in Luton. In
Luton we have done some research, which Dr Nasir Karnum has done for quality
networks and the response from the
community itself is that there should be a mediation process, which most of us
agree is extremely dangerous. Can you
clarify whether there is any work around that clan-based organisation and how
we can ensure that the perception that mediation is going to solve a problem is
overcome?
Mr Afzal: On that latter point, thankfully, I do not
get involved in relation to investigations, but those people who do, and you
know them better than I, will tell you that mediation is the last thing you
should consider because there are often families who will say anything they
like in order to get the individual back to enable them to harm them
further. So I think that is absolutely
true. In terms of research more
generally, there is a great deal of research that I am aware of it, because I
contribute to it and I am sure Commander Allen does too, and others do as well,
on very, very general issues, some of which highlight the organised nature of
this crime - some of it highlighting the international nature of it. In fact, you can probably involve more than
one jurisdiction in many of these criminal offences. However, I do not think there is anything specific on this sort
of clan-based issue that you have highlighted.
Perhaps there is a need for that.
Q152 Margaret Moran: Mr Chairman, there seems to be quite a lot of
issues around guidance and reports out there, which seem to be coming to a
point of conclusion. Could we, perhaps,
have a round-up of what those reports are so that we can ensure that we have
all the best information that is available?
That is just a point. Largely to
Steve Allen, if I may: obviously, the point has been very ably made here today
that the level of risk is extraordinarily high at the point at which survivors
reach the criminal justice system. Are
there any special measures which should be put in place over and above what is
currently there? Should you be looking
at things like covert intelligence and witness protection schemes in order to
enhance the protection?
Commander Allen: One of the features of this work that our
research tells us is that, by a small amount, the majority of reports to front
counters of police stations are from someone who is in fear of becoming a
victim. Of course, that, for us, is not
in the mainstream of our work; most of work is where people have become a
victim. So in terms of accessing things
like witness protection programmes and things like that - no crime, no witness,
therefore outside the criteria. One of
the pieces of work that we have already begun that, again, is a key part of the
new strategy is trying to get a much more structured approach to an equivalent
to the witness protection programme that can be accessed specifically by
victims of this type of crime. We have
(again, I will make sure it is included in the schedule of documents)
published, in ACPO, in the summer of last year, what we call a "menu of
tactical intervention" for officers dealing with these cases, which sets out
the whole range of different options available that will include things like
covert intelligence-gathering, that will include things like the measures we
need to take to protect people - how to put together a safety plan. That guidance is very detailed. I will make sure it is available to you, you
can have a look at it and if you have any further questions we can come back to
it.
Q153 Chairman: That would be very helpful.
Commander Allen: May I make one more point on that, which I
think is an important one, which is to highlight the extent, in that initial
response, to which the statutory agencies absolutely depend on the contribution
of the voluntary sector. The importance
of organisations like Karma Nirvana, to us, in identifying for us what is
really happening in a case and, overcoming, sometimes, those issues about
awareness and knowledge cannot be understated.
I am not here to advocate on their behalf, simply to point out the
importance of what they do and the level of resources on which they do what we
require of them. I think there are some
real challenges about the whole funding regime that operates around the
voluntary sector in an absolutely critical piece of work that does save
people's lives.
Q154 Margaret Moran: When you are coming back to us on the guidance
and, indeed, the action plan that you referred to, could you tell us the
timetable for implementation and, also, what monitoring is being put in place
for that? You do not need to answer
that now, but if you could write to us.
Commander Allen: Except to say I do not want to leave you with
the impression that we have lots of stuff that we have not put out there and
are not operating. All the stuff I have
talked about, with the exception of the new ACPO strategy, is out there as a
resource for the police service and is in use already.
Q155 Margaret Moran: Perhaps we could have a little note on
that. Could I ask one final question of
Mr Afzal? Just a congratulation to the
CPS because I understood you took a case on, if you like, forced suicide. We have heard evidence from a survivor of
forced marriage that she just feels that she is going to be forced into suicide
because of this ongoing situation. That
case was not successful, but well done for trying. What more can you do to try and draw attention and have an impact
on that?
Mr Afzal: Absolutely.
That was my case - R v D. (?) It
has established the principle now in British law that you can be guilty of
driving someone to commit suicide. That
in itself is a wonderful principle to have.
What we have done since that time is shared some thinking around that
with coroners around the country through the Secretary of the Coroners'
Society. So there is greater awareness
now. Undoubtedly, they will identify,
first, the kind of cases that need, perhaps, further investigation and,
ultimately, need prosecution. We are
learning from what we did not do right in relation to that particular case,
given the fact that it was the first of its kind, but you can rest assured it will
not be the last.
Margaret Moran: Thank you very much.
Chairman: Thank you, Ms Moran. Mr Davies has one, very final, question.
Q156 David Davies: A very simple, yes or no, question to all
three of you, perhaps starting with Ms Qayum.
Is there an argument that we should be examining raising the legal age
of marriage in this country from 16 to 18?
Ms Qayum: I think so, definitely.
Mr Afzal: Personally, a number of cases that we deal
with involve 16 or 17-year-olds. Yes.
Commander Allen: Yes.
Chairman: Commander Allen, Mr Afzal and Ms Qayum, again,
thank you very much for giving evidence to us today. You did promise us some evidence in writing, and we would be most
grateful if this could be sent as soon as possible. Thank you.