Domestic Abuse, The Hostile Environment And A Pandemic

• Published date: 28 September 2020
• Subject Matter: Immigration, Coronavirus (COVID-19), General Immigration, Government Measures
• Law Firm: Leigh Day
• Author: Claire Powell

Trainee solicitor Claire Powell discusses how the government is failing to protect migrant women affected by domestic abuse in the COVID-19 pandemic.

In the UK two women a week are killed by a current or former partner but COVID-19 has increased levels of abuse, with women's organisations confirming that we are dealing with two pandemics: violence against women and girls (VAWG) and COVID 19.

Despite government promises that we are 'all in this together' the additional risks faced by victims of abuse, especially those from Black and minority communities, dismiss the claim that the pandemic is any sort of 'great leveller'.

These are not new risks. Austerity, public sector cuts and an immigration strategy which created a hostile environment has left BAME victims of abuse critically vulnerable, particularly those with insecure immigration status.

These women are being failed, as is shown in the lack of protection offered to them by the new Domestic Abuse Bill. Significant change is necessary to ensure all women are protected from the threat of violence, regardless of race, background, or immigration status.

Domestic Abuse Bill 2020: missed opportunities?

The Domestic Abuse Bill 2020 has been long-awaited. It provides a statutory definition of domestic abuse and has been called a 'once-in-a-lifetime opportunity to save lives' . The Bill has been broadly supported by women's organisations. However, in its present form it does not protect all women.

Migrant women are often at a higher risk of domestic abuse, facing specific risks like honour-based violence and slavery. Societal challenges include language barriers; distrust of authorities and a lack of knowledge of immigration status, and rights.

These cultural barriers are compounded by legal ones - access to support and vital public services are linked to immigration status.

The 'no recourse to public funds' (NRPF) rule is that only those with certain types of visa or residence are permitted to access state support. This includes all benefits, social housing and even refuge accommodation.

Women who are dependent on their partner's status in the UK, who are unaware of their residence, or who are - for example - claiming asylum are all ineligible. Women's organisations have repeatedly called on the government to repeal the rule, calling it a 'discriminatory barrier to safety' that forces women to choose between remaining in an abusive household, or destitution.

Women in this position are reliant on the...