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by Munro Research

Domestic Abuse Act 2021


Official Summary

To make provision in relation to domestic abuse; to make provision for and in connection with the establishment of a Domestic Abuse Commissioner; to prohibit cross-examination in person in family proceedings in certain circumstances; to make provision about certain violent or sexual offences, and offences involving other abusive behaviour, committed outside the United Kingdom; and for connected purposes.

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Overview

This bill concerns amendments to the Domestic Abuse Bill, focusing on safeguarding children in contact centres, protecting victims' data from use in immigration control, and improving support for migrant victims of domestic abuse. Amendments also address the monitoring and management of serial domestic abuse and stalking perpetrators.

Description

The amendments primarily address four key areas:

Child Contact Centres

The original proposal for mandatory accreditation of child contact centers regarding safeguarding and domestic abuse prevention was rejected. Instead, a compromise was reached requiring regular checks on employees, agency workers, and volunteers for compliance with national standards.

Data Protection for Victims

Amendments ensure that personal data of domestic abuse victims and witnesses processed for support or legal assistance is not used for immigration control purposes. Guidance will be issued to relevant organizations and immigration officials. The implementation of these measures will be subject to parliamentary approval following a government review of existing data sharing procedures.

Support for Migrant Victims

Amendments introduce a pilot scheme temporarily removing restrictions on access to public funds for migrant victims of domestic abuse, pending a long-term strategy. This strategy will be developed after consulting relevant organizations and the Domestic Abuse Commissioner. The pilot requires victims to provide evidence of abuse using a variety of documentation.

Monitoring of Perpetrators

Amendments aim to improve the identification, monitoring, and management of serial domestic abuse and stalking perpetrators by expanding the scope of Multi-Agency Public Protection Arrangements. A review of these provisions, along with a comprehensive perpetrator strategy, is mandated within 12 months.

Government Spending

Amendment 41B (relating to recourse to public funds for migrant victims) is expected to have a cost associated with removing restrictions on access to public funds for the duration of a pilot scheme. However, exact figures are not provided in the document.

Groups Affected

  • Children: Improved safeguarding measures in child contact centres.
  • Victims of Domestic Abuse: Enhanced data protection and access to services, irrespective of immigration status (subject to conditions).
  • Witnesses to Domestic Abuse: Enhanced data protection.
  • Migrant Victims of Domestic Abuse: Temporary removal of restrictions on access to public funds during the pilot scheme, with potential for long-term changes.
  • Perpetrators of Domestic Abuse and Stalking: Increased monitoring and management through Multi-Agency Public Protection Arrangements.
  • Child Contact Centres and Organisations: New requirements for employee and volunteer checks.
  • Government Agencies and Immigration Officials: Changes to data sharing practices and guidance.
  • Service Providers (public and private): Guidance on assessing eligibility for services for victims of domestic abuse.

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