The Cox Report and Westminster: Better justice for ALL those bullied

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Dr Lis Bates, Research Fellow within the Centre for Gender and Violence Research, responds to recommendations from the recent independent inquiry into harassment and bullying within Westminster.

In a blog post in April reflecting on the Newsnight exposure of a culture of bullying and harassment in the House of Commons, I asked:

“How can there be confidence in the system if those who are widely known to have transgressed are still allowed to get away scot-free? There needs to be proper investigation and justice for those who have already suffered. Recent criminal investigations have shown that, even in historic cases, perpetrators can and should be held to account for their actions. Should Parliament and the political parties not now do the same?”

The publication this week of Dame Laura Cox QC’s independent inquiry into Westminster culture has decisively answered: Yes, they should!

The recently-introduced Complaints and Grievance Scheme for parliament must be amended, she says, to allow complaints about ‘historical’ allegations. This would remove the arbitrary cut-off point of June 2017, before which allegations cannot currently be investigated because (the Commons leadership argued), to do so would be to judge Members under a different standards scheme to that in place at the time.

Not true, says Dame Laura: the standard was the same. That the complaints scheme governing that behaviour was deficient (as is widely agreed), does not mean that the minimum standard of behaviour was lower:

“There may not have been written policies in place expressly prohibiting such conduct, but it is obviously not the case that such conduct was acceptable among the Parliamentary Community in the past and will now be rendered unacceptable by the new Scheme.”

She goes further. Examining these older cases is vital to achieving culture change in Westminster and moving forward:

“some, at least, are extremely serious cases. Consigning them to oblivion is not at all consistent with restoring confidence, rebuilding trust and changing the culture. An important part of that culture change for the future should be examining, acknowledging and learning from the failures of the past.”

As well as this unequivocal recommendation that historic allegations be looked at, Cox calls for the establishment of a fully independent process to investigate and rule on claims of harassment and bullying.

Establishing independent oversight – and removing adjudication from the parliamentary Standards Committee, made up of MPs – is, she says, the only way to move beyond the perception and the reality that MPs are still ‘marking their own homework’.

She also is excoriating about the current parliamentary leadership, going so far as to say that she has doubts that change can happen while the current senior management are in post: “I find it difficult to envisage how the necessary changes can be successfully delivered, and the confidence of the staff restored, under the current senior House administration”.

In April’s post, I wrote that what victims of bullying, harassment and abuse want in terms of justice is: to be listened to, the perpetrator to be held accountable, and to be given voice and choice in what happens.

I know this to be true both from personal conversations in the last year with a number of friends and former colleagues in the House, but also from the research we do here in the Centre for Gender and Violence Research with victims/survivors of sexual and domestic abuse.

The Cox report underlines again how crucial these aspects are in achieving justice. The 200 individuals (70% of them serving employees) who spoke to the inquiry told her that the most important elements were “being listened to and taken seriously, having choice and a voice in the decision-making about their case”.

So often we hear of victims/survivors of abuse, harassment and bullying being blamed, discredited and undermined – Christine Blasey Ford just being the latest in a long line.

Dame Laura has changed this narrative. She has done more than just allow them to speak – she has explicitly weighed and vindicated their accounts. Bringing to bear her many years’ experience in forensic examination, she explicitly finds those who came forward to be credible, consistent and considered:

“Throughout this inquiry I have been struck by the professionalism, care and thoughtfulness of those who contributed. These were not people set on revenge or out to malign either individuals or the reputation of the House itself. Those present or former members of staff who came forward care very deeply that the place regarded as the heart of our democracy is failing to live up to the standards to be expected of any 21st century workplace.”

Through this inquiry, Cox has raised these voices up – listened with respect and taken them seriously. Those who spoke with her can feel that their accounts and their voices meaningfully have been heard. Let’s hope that parliament can now do the same.

Lis Bates is an ESRC Research Fellow in the School for Policy Studies, and a former clerk in the House of Commons.

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The hidden reality of sexual assault in Iran

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Atlas Torbati explores what sexual assault means in Iranian society and how discursive practices influence individuals’ perceptions and definitions towards sexual assault.

“Every time I go to the bazar I’m concerned about my outfit. I make sure that I wear something loose and conservative and not to wear too much make up”. Said Bahareh, 25, a student inTehran.

Sexual assault is a hidden phenomenon in Iran. There is hardly any academic research or official data or report on the number of victims and conviction rates. Media tries to avoid publishing reports and cases of sexual assault due to the strict censorship existed in Iranian society. Research into the prevalence of sexual assault is difficult for various reasons. Firstly, people avoid reporting such incidents to the police since they fear it jeopardises the honour and reputation of the family. Secondly, some forms of sexual assaults such as verbal abuse have become socially accepted to the extent that some women turn the blind eye towards it, resulting in an increase its acceptance and its frequency. Thirdly, in order to protect public morality, the government does not publish reports on sexual assault cases. Therefore, there are no official statistics on the number of reported incidents or related conviction rates.

On the other hand, the media and government try to relate sexual assault to women’s own behaviour and lack of observing cultural and religious norms and practices. In Iran, women are expected to conform with cultural and social norms such as wearing manteau – the medium-length light jacket and scarf,and are expected to be modest in order to protect the family honour. Therefore those who become the victims of sexual assault are blamed for lack of observance of these norms. Culturally any form of sexual assault, harm, or abuse to a woman’s reputation is considered disgraceful and shameful. This is due to the deep-rooted cultural and religious concept of honour and its related ethical values embedded in society.

Discourses such as shame and honour play a key role in the subservience of victims of violence. These discourses are entrenched in individuals’ everyday lives and preclude the victims of violence to talk about or report sexual assault since it is considered as a private matter and must be kept at home. The existence of such norms and practices results in ignoring the abuse and the creation of silence among the witnesses and the victims.

The term sexual assault does not exist in the Islamic Penal Law in Iran. The closest definitions to sexual assault are adultery (1) or physical assault (2). However, none of these definitions include sexual harassment or sexual verbal abuse. Also the notion of consent is missing in the later definition. The absence of a legal definition and the related guidelines have resulted in increasing the power of judges to use their personal view and their attitudes towards victims in determining the seriousness of sexual assault cases. The absence of a definition also has resulted in acts such as sexual groping, touching and sexual verbal abuse not being recognised as a form of sexual assault. The consequence of this inconsistency is that many women might be unsure whether the definitions would lead them to be qualified as a victim or not although it is against the public morality For instance, some women who participated in this study did not categorise themselves as victims and perceived groping, sexual touching and sexual verbal abuse as normal behaviours. The Islamic Penal Law does not therefore provide any protection for the victims of sexual assault. The paradoxical approach to sexual assault has resulted in repetition and hence normalisation of this form of violence.

Recently, sexual assault has been the focus of social workers, woman activists and Iranian filmmakers. Movies such as, ‘I am a mother’ and ‘Hush! Girls don’t scream’ have broken the taboo in Iranian film industry and showed the sensitivity and consequences of the subject. These movies that were produced and funded by the private sectors, mainly focused on issue of rape and the second one directed was about a girl who was continuously sexually assaulted by the security man in their residential building during her childhood. Therefore, more attention still needs to be paid to this issue through educating families and children, publishing the reports and cases in news papers and magazines, creating space in the media to break the stigma associated with sexual assault and holding public discussion where the victims can freely come and talk about their experience. Policy makers must provide high quality provision of counselling and advocacy and commit themselves to design the policies that promote gender equality and addressing shortfalls in criminal justice system. They must attempt to design a rigorous law that clearly defines what sexual assault is. The law must not only sanction discrimination by gender, but also must protect women instead of accusing them and define specific punishment for the perpetrators.

Atlas Torbati is currently studying for a PhD in Social Work at the School for Policy Studies.

 

[1] Adultery or ‘zena be onf va ekrah ‘ is defined as forcible male penile insertion into the female’s vagina or anus. If someone has sexual intercourse with a woman without her consent and when she is drowsy, unconscious or drunk he is convicted of adultery and death penalty (Islamic Penal Law 2000)

[2] Verbal assault is defined as any verbal offence or indecent language towards women and children in public and a person who commits verbal assault in public is punished by three to six months of imprisonment or 74 lashes (Act 608, Islamic Penal Law 2000).

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How transformed is care?

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Dr Sandra Dowling, a lecturer in Disability Studies at the Norah Fry Centre for Disability Studies discusses deinstitutionalisation in the context of the Transforming Care Policy programme.

People with learning disabilities are still, in some circumstances, leading institutionalised lives – the Transforming Care programme has a long way to go, and we must not forget those people with learning disabilities with the highest levels of ‘need’ who are experiencing the highest level of separation from an ordinary life. Recent decades have seen significant changes in the lives of people with learning disabilities in the UK. Once routinely institutionalised, distanced from home communities or their Right to a life like any other, people with learning disabilities were relegated to the shadows of the everyday and had limited opportunity to effect change. This article suggests these issues might still be affecting too many people with learning disabilities in 2018.

Advocacy and activism amongst people with learning disabilities and their allies has been a powerful force in altering the opportunities available to some people. To be respected, to be heard, to have choice and to really have the chance of a life like any other have been common demands. For many people these demands, these requests, have to some extent been realised. In the UK today some people with learning disabilities live in a home they have chosen, some have a job, some have regular contact with family and friends and some feel part of their community. Too many do not.

The challenge to realise the fundamental human rights of this section of the population is ongoing. The urgency of the challenge is very much determined by personal position. If you are a person with learning disabilities or indeed an ally, these challenges are of course urgent. Although recent policy does commit to a transformation in social care for people with learning disabilities, urgency to transform this to practice is not consistently apparent.
Major policy initiatives and legislation in recent years have produced a convincing rhetoric to support ideas of individual autonomy, inclusion and a role in decision making about important life matters. The Care Act 2014, for instance, details guidance for adult social care which, importantly, includes the principle of individual wellbeing. In practice wellbeing involves people having control of their day to day life, living in suitable accommodation and being able to contribute to society. It is a requirement of The Act that local authorities take people’s views, wishes and beliefs into consideration, and that their efforts support what people themselves want to achieve in their own lives.

The Transforming Care Policy Programme produced a raft of reports, guidance and policy following the shocking abuse of people with learning disabilities residing in Winterbourne View Assessment and Treatment Unit. The overall aim of Transforming Care has been about improving health and social care services to enable people to live in the community, to have good support and to be close to home. It aimed to address the high numbers of people with learning disabilities living for too long in Assessment and Treatment Units (ATU), often at a long distance from their families and without adequate discharge planning. However, since the scandal broke in 2011, and following a robust policy response, little has changed. The numbers of people in ATU settings has remained stubbornly high, provision of sufficient support in the community has not met need and discharge remains an elongated process for many.

Narratives of Home, a study funded by the NIHR School for Social Care Research, conducted within the Norah Fry Centre for Disability Studies (NFCDS), has interviewed 18 people with learning disabilities and three parents of people discharged from Assessment and Treatment Units (ATU) during the lifetime of Transforming Care. This narrative study has collected people’s stories of resettlement in the community following their hospital stay. Of those interviewed, 12 were male and 6 were female. Time spent in ATU settings ranged from 4 – 20 years. The legacy of institutional living clearly impacted on their resettlement experiences.

The factors which are identified as important to individuals are just what you would expect. Security, choice, a valued social role, friendships, fun and the opportunity to take pleasure in things which are important to you. But what is different is that the people that we interviewed, even though living in the community, still often live within parameters defined by others. Some described their attempts to ‘get out’ of the ATU by ‘doing what the doctors said’ or ‘just do what you are told, keep your head down, get through all the programmes and hope for the best’. These experiences travelled beyond the walls of the ATU into their now ’independent’ lives in the community. In interview people checked with present support workers whether they were saying the ‘right thing’, or whether it was ‘ok to say this’. Some were so heavily medicated that they could not remain awake throughout the interview.

Choice and autonomy was found in things such as choosing how to decorate your home, or what to have for a meal. A deeper sense of independence of thought and action though, remained elusive for some. Institutionalisation, just as a hundred, or fifty or twenty years ago produces the same results. It dis-empowers individuals, depleting independence of thought and sense of self. A good life happens at a deeper level than what can be seen on the surface of community living. The need to address issues of identity and equality remain pertinent. Deinstitutionalisation remains a goal.

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Motivating Miles: Reflections on why The Daily Mile might be tapping in to children’s natural motivation.

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Dr Simon Sebire, Centre for Exercise, Nutrition and Health Sciences, reflects on the success of the physical activity initiative, The Daily Mile.

Ten days ago I had the pleasure of being involved in the launch of The Daily Mile in Guernsey. The Daily Mile has been taken on by most schools on the Island in the last 9 months and Thursday 24th June was a celebration of the work here to date. Elaine Wyllie, the founder of The Daily Mile and John, Elaine’s husband, were in Guernsey to support the launch. This included a tour of Daily Miles at various schools around the island, a celebration mile and lunch and a special mile for some pupils around the beautiful Government House (the residence of the Lieutenant-Governor, the Crown’s personal representative in the Bailiwick of Guernsey).

It was whilst walking the mile around the Government House grounds (being lapped by happy, rosy-cheeked children in the process) that Elaine and I began discussing how my research on people’s motivation for physical activity and developing interventions could help explain why children and schools in Guernsey and around the world seem so taken by The Daily mile phenomenon.

Elaine explained her take on this by beginning the following conversation:

Elaine: Think of a happy memory you had as a child, but don’t tell me what it is.

Me: (thinking…)

Elaine: Now tell me, were you inside or outside?

Me: Outside

Elaine: Were you on your own or with others?

Me: With others

Elaine: Were you in the supervision of adults?

Me: Sort of … at a distance

(By the way, my happy memory was of when I was 7 or 8, a hot summer day, building a sand boat with family and friends to sit in as the tide rose up Port Grat beach in Guernsey. I was outside, with other children and parents were involved sporadically, but letting us play freely.)

In identifying a happy memory, Elaine had just revealed some of the core principles of The Daily Mile. These include a focus on having fun, being non-competitive, being outside and in nature, connecting with other pupils/teachers, being a simple intervention, being fully inclusive and owned by the children (i.e., jog or run at their own pace).

These core principles chime with the fundamental elements of much of my research into physical activity motivation. Using a psychological framework called Self-Determination Theory (or SDT) I have studied the foundations of and outcomes linked with high quality motivation for physical activity in children and adults. According to this approach, a person’s motivation is deemed to be high quality when it is autonomous, in other words when motivation stems from the enjoyment of being active, the satisfaction one gets from being active (or doing a mile), a feeling that being active is in harmony with a person’s sense of who they are, or that being active brings them personally valued benefits (e.g., meeting pupils in other year groups or getting fitter). People have these kinds of motivation for being active when they experience SDT’s core principles; Autonomy, Belonging and Competence (A, B, C).

Autonomy: Feelings of volition, freedom, choice, ownership and empowerment

Belonging: Feeling strong connections with others, included, understood and respected

Competence: Feeling capable, able to master a skill or task.

Importantly, according to the theory, we need to experience the A, B and C in our daily lives, interactions and activities to have optimal well-being, development and functioning.

In a number of studies (referenced below) over the last 10 years or so, my colleagues and I have found evidence to support the idea that when children and adults feel that their A, B and C is satisfied when thinking about being active, they experience high quality, autonomous motivation and that this is linked with greater physical activity. Common to all of these studies is the finding that motivation based on enjoyment and/or personal value is linked to physical activity, whereas motivation based on guilt or external pressure (such as rewards, or demands from others) is not. Accordingly, we have designed a number of physical activity interventions for children and adolescents with the A, B and C of motivation in mind.

When viewing The Daily Mile through this motivational lens, it is possible to see how the intervention expresses the A, B and C:

Of course, my retro-fitting of SDT principles to The Daily Mile is just one lens through which to study its broad appeal and apparent motivating effect on pupils. However, it is entirely possible for interventions which grow from the ground up to align in many ways with what is known from behavioural or psychological sciences even if they did not set out to do this from the start. Aligning the core principles of The Daily Mile with a framework such as SDT’s A, B, C may also allow the intervention to stay faithful to its design as it is adopted and potentially adapted in schools around the world.

I would argue that unknowingly, when implemented in line with its core principles, The Daily Mile could be tapping in to a well-known, evidence based and positive source of motivation for physical activity. At its core The Daily Mile is simple. Perhaps it is as simple as A, B, C.

Dr Simon Sebire is Senior Lecturer in Physical Activity & Public Health in the School for Policy Studies at the University of Bristol. He is also Interim Chief Executive of The Health Improvement Commission for Guernsey and Alderney.

References

  1. Are parents’ motivations to exercise and intention to engage in regular family-based activity associated with both adult and child physical activity?
  2. Testing a self-determination theory model of children’s physical activity motivation: a cross-sectional study.
  3. Predicting objectively assessed physical activity from the content and regulation of exercise goals: evidence for a mediational model.
  4. Examining intrinsic versus extrinsic exercise goals: cognitive, affective, and behavioral outcomes.
  5. What motivates girls to take up exercise during adolescence? Learning from those who succeed.
  6. Does exercise motivation predict engagement in objectively assessed bouts of moderate-intensity exercise? A self-determination theory perspective.
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The Social Disinvestment State Unleashed

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Dr Noemi Lendvai-Bainton, Senior Lecturer in Comparative Urban and Public Policy at the School for Policy Studies, discusses the recent Hungarian election and how it reflects the trend towards political populism & the rise of illiberal democracies.

After a very long and rather Kafkaesque election night in Hungary, FIDESZ secured a victory for a third term of governing with a two-thirds majority. After eight years in government, the vote for the radical right in fact increased, with both Fidesz (49% of votes) and Jobbik (a far–right party with 19% of the votes) gaining more votes than four years ago. Tellingly, Orban in his victory speech thanked ethnic Hungarians living abroad (largely dual citizens of Romania, Ukraine and Serbia with voting rights) who ‘defended Hungary’, he thanked his Polish friends and Kaczyński, and he gave thanks for all the prayers (with no end to religious references).

The campaign was a single-issue, emotively hostile and negative campaign, focusing on the migration issue and financier/philanthropist George Soros, that erased public policy as a matter for debate all together – the end of an era when negative campaigns can’t be electorally successful, it seems. A déjà vu of the Brexit campaign in which the migration issue captured the public discourse.

This Hungarian result talks to a lot of different issues. It reflects a deep division between the capital Budapest, where the opposition won by a two-thirds majority, and the ‘country’ (countryside) where Fidesz won almost outright. It reflects on the widespread and significant institutional ‘reforms’ in the country which confidently delivered votes in small towns and in villages through channels of appointed officials, public finances, and EU funds (no need for subtle pressures here – civil servants were asked to take a photo of their ballot papers and email it to a central account; Kindergarten teachers were told to hand out Easter chocolate to parents as a ‘gift’ from Fidesz). The election result also points to the fact that corruption has become normalized – despite unprecedented levels of corruption concerning both EU funds as well as public funds, the government secured its third term.

No longer can one think that populism is a short-term political project. Orban can now thrive on the basis that his legitimacy with a high turn-out (70%) at the election makes him a stronger leader than many of his counterparts in (Western) Europe. His anti-EU rhetoric is expected to intensify in the coming months and years and he is already working hard on building a new transnational coalition against ‘liberal’ Western Europe and to evict all NGOs from the country that have political missions.

Read more…

This article was first published in Social Europe on 19 April 2018.

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Justice for victims of sexual abuse and harassment. Lessons for Westminster?

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Dr Lis Bates is a researcher in gender-based violence at the School for Policy Studies, and a former clerk of the House of Commons

The problem with Westminster

As a former clerk of the House of Commons, the recent Newsnight coverage(i) depicting a culture of unchecked bullying and sexual harassment by some MPs took me by surprise. Not because of the allegations: the stories reported, and many more, have long been open secrets in Westminster. But because, for the first time, the corrosive culture of normalising this behaviour was revealed. What is new is that the careful investigation of reporters Chris Cook and Lucinda Day has exposed a pattern of abusive Members not being held to account, and a historic management culture of quietly moving victims who speak out. This is a culture which has normalised the acceptance of bullying behaviour, refused to shine a light on the bullies, and thus tacitly condoned it. This is the same cultural quicksand which led us to Weinstein, Bennell and Saville: a wilful collective blindness.

The Newsnight investigation showed that some victims were believed but no action taken, and others’ accounts were minimised. The problem is, the effect is the same–a silencing of an individual’s voice, and an absence of justice. The House of Commons management’s ill-judged initial response to the story eloquently illustrates this: denying that there is any longer a problem, and insisting on looking forward with a zero tolerance approach to bullying and harassment sits jarringly with a refusal to look at past cases, and a policy under which not a single claim of sexual harassment has progressed even to mediation.

In this context, the publication on 8th February of cross-party working group recommendations to strengthen Parliament’s response to harassment, bullying and sexual harassment at Westminster(ii), and the setting up of working groups to beef up grievance policies and drive cultural change, are to be welcomed. The proposals finally start to strengthen an investigatory and sanctions system which for years has been notoriously weak, characterised by handing decision-making powers back to political parties, an absence of accountability for those who abuse their power, and consequently a significant lack of faith in the system by those who might be victims of harassment.

Since the Newsnight story broke, what has increasingly struck me is the parallels with the experiences of victims of sexual and domestic abuse: being disbelieved, discredited, or blamed for ‘bringing it on themselves’, for being weak or not resilient.

Current research from the Universities of Bristol, Cardiff and UWE (Justice, Inequality and Gender-Based Violence (hereafter ‘Justice project’)(iii), led by Professor Marianne Hester and funded by the ESRC, is casting new light on why sexual abuse and harassment cases require handling with particular care. During 2016-17, the research team interviewed over 250 victims of domestic and sexual abuse and harassment to ask “What is justice?”. The answer, it seems, is humblingly simple: being listened to, getting a genuine apology, and being given a voice. There are some direct lessons from our findings for Westminster, as it seeks to respond to sexual harassment, abuse and bullying.

Sexual harassment is about power inequality and rarely occurs in a vacuum

As with other interpersonal abuse, at its core, sexual harassment is about power inequalities which allow one person to exploit another with impunity. It often overlaps with other forms of harassment and abuse. In the Justice project, over a third (39%) of interviewees reported having experienced sexual harassment in the workplace or on the street. Over two-thirds of these women also reported having experienced rape or domestic abuse. The figures confirm that these experiences rarely operate in isolation: sexual harassment and violence frequently occurs as part of a continuum which disproportionately affects women.(iv)

The dynamics of sexual harassment and abuse in Westminster are even more particular. The exploitation of one individual’s power over another is exponentially magnified when the dynamics of an employer-employee relationship, and the power hierarchies of political structures, are fed into the mix. Added to this, the political setting means that (alleged) perpetrators can often use (implicit or explicit) intimidation tactics to undermine or discredit victims, and victims are often shamed or intimated into silence. This toxic cocktail was recognised by Caroline Lucas MP in describing the dynamics of power in Westminster which allows some MPs to get away with belittling and humiliation tactics against staff.(v)

It is therefore important that the working group report has recognised the particularities of sexual harassment, and proposed a separate process and systems of remedy and support from that for complaints of non-sexual bullying and harassment. It is important, too, that plans are underway to provide specific and specialised training to MPs, Peers and staff across Parliament about sexual harassment.

What victims/survivors want

Central to the deliberations of those investigating current and future provision, are the voices of those who experience sexual harassment and abuse.

To be listened to. Part of the process of justice, victims told the Justice project, was being given the space and place to say what’s happened, and be heard. A strong theme throughout our interviews was the importance victims placed on external recognition that harm was done. This was very often the first response to the question “What is justice?” and, for many, overrode ideas of punishment or revenge. As one female victim of domestic abuse and sexual harassment said, “he doesn’t accept that there’s anything wrong–and that isn’t justice to me. Justice would have been a realisation on his part that what he did was utterly dreadful and the impact it had was utterly dreadful”.

Here again is a parallel with Westminster–it is striking that all the alleged perpetrators of sexual bullying have vigorously denied engaging in any harmful behaviour. One has even gone so far as claiming to even have no memory of working with the victim. And, the historic management response of moving victims has the effect of strengthening the same message that the victim is to blame. Participants in the Justice project identified this pattern of behaviour when asked to define what “injustice” meant to them. One female victim of sexual harassment, domestic abuse and child rape said, “that person… does something wrong but then tries to put the blame onto the person they’ve actually done wrong by”.

The perpetrator to be held accountable. This was the other side of the same coin. It was very important to victims that the perpetrator take (at least partial) responsibility for the harm done. For many victims, ideally this would come from the perpetrator themselves, and involve a genuine apology and expression of remorse. But in many cases this had not happened. Here, the next best thing was for another party (the state, the police, their friends and family) to offer this recognition, and to hold the perpetrator (rather than the victim) responsible.

To have choice, control and voice in the process. Another key element in achieving justice for victims was getting back some control over what happened to them. This meant informed choices about what remedies they could pursue, and being put at the centre of decision-making about their case. The Justice project is finding that those experiencing violence and abuse sometimes choose not to pursue public or punitive justice options for a range of reasons, including fear of retaliation or consequences and concern for their status or assets (which, in the case of workplace sexual harassment, could be their job or professional reputation). This makes it vital that they can access a range of remedies when making a complaint. In part, this is because they often have had power and control taken away from them as part of the abuse or harassment. Offering them some control over the process therefore becomes an important part of justice.

For some victims (generally those not experiencing abuse from an intimate partner), a facilitated dialogue with the perpetrator offered an opportunity to have a voice, express the impact of the harm done to them, and create the space for the perpetrators to hear the victim and express remorse. This was especially true when the abuse had occurred within a closed or tight-knit (e.g. activist, traveller, religious) community, where victims often faced additional barriers to reporting abuse because they feared losing their membership of the community–for instance, being ostracised, disbelieved or expelled. These contexts affected the choices victims made about reporting, and have parallels with victims who are members of other closed groups like political parties. In the case of one victim we interviewed, the community organised an informal meeting between them and the perpetrator. For her this showed that the community recognised the harm done, and held the perpetrator to account.

Great care is required with mediation or guided discussion approaches in contexts (like Westminster) where there has been a history of institutional downgrading and minimising of complaints. In these cases, it is even more vital to make sure that victims are taken seriously, that specialists who understand the dynamics of sexual violence are engaged, and that remedies should always include options for punitive sanctions alongside any less formal routes.
However, there is growing evidence that less formal justice approaches can play an important part in some cases of sexual harassment, but only when they involve specialist mediators who can recognise power imbalances (including gender) and challenge abusive behaviours through a process of ‘transformational mediation’.(vi vii) Such mediation only works when it is voluntary and other options are also available to the parties involved. (viii) It should never be used as an alternative ‘first step’ in responding to allegations of sexual harassment, since the process by which a perpetrator accepts responsibility for their actions often requires a more formal investigation or finding of facts. But it can form part of an overall response. If not managed by specialists, mediation approaches can perpetuate harm; but when victims are properly supported by specialists who can reduce the intensity of their participation, they are valued by victims because of the recognition involved.(ix)

Support through specialist advocacy. The evidence from the Justice project and elsewhere (x xi xii) is unequivocal on the importance and effectiveness of specialist victim advocacy. Specialist sexual violence advocates play a crucial role in supporting victims using counselling, emotional support through court/other justice processes, practical help, and referrals to other support agencies. Advocates also can change cultures in other agencies and actors through so-called “institutional advocacy”.(xiii) The Justice project has examined over 400 police rape case files and found a statistically significant link between victims receiving support from a specialist sexual violence advocate and a criminal charge being made.

This body of evidence underlines the importance of victims getting targeted advocacy support from specialists who understand the dynamics of gendered abuse and harassment. In this light, it is positive that the Commons working group proposals include the commissioning of specialist ISVA support for any complainants. Such support should not be contingent on what resolution or justice processes victims choose to follow–it is a vital element irrespective of whether the route to remedy is an internal process, a formal resolution, or criminal justice.

Moving forward

Victims of sexual abuse and harassment want to be listened to, taken seriously, for the perpetrator to be held accountable, and to be able to make their own, balanced, choices about what happens next. Our society, and criminal justice system, does not yet get this right. The same is true of Westminster, where the culture for many years has been one of minimising and victim-blaming on a corporate scale. The new proposals from the Commons working group are a good step towards addressing this, and the most recent indications from the House authorities suggest a renewed commitment to change. There is rightly a focus on adequate sanctions–for too long this has been a deficit. But culture change is just as important, in particular reversing the practice of dismissing or moving victims, in favour of shining a bright light on the harassers.

The litmus test of any new system must be: if these events occurred today, would those victims feel able to come forward, be listened to, and have faith in the system and its decision-makers to deliver justice for them? Unfortunately, this is not yet the case. As the working group’s staff survey found, a majority of those who had made a report under existing procedures were dissatisfied with the choices given them for next steps, and the same proportion dissatisfied with the level of understanding shown about what an appropriate remedy, outcome or sanction would be from their own perspective. Similarly, the quotes from serving Commons employees following the management’s initial response to the Newsnight story clearly showed a lack of confidence, even disbelief and anger.

The current public spotlight gives an impetus and opportunity for meaningful and lasting change. But, there is one big piece still missing. How can there be confidence in the system if those who are widely known to have transgressed are still alllowed to get away scot-free? There needs to be proper investigation and justice for those who have already suffered. Recent criminal investigations (Saville, Bennell, sexual exploitation of girls in Rotherham) have shown that, even in historic cases, perpetrators can and should be held to account for their actions. Should Parliament and the political parties not now do the same?

[i] Newsnight, 2018a [TV]. BBC2. 8th March. 22.30.
[ii] Parliament (2018) Cross-party Working Group on an Independent Complaints and Grievance Policy: Report.
[iii] The research team will be publishing a range of papers from the project during 2018, including on models and victim perspectives of justice, criminal justice attrition in rape and domestic abuse cases, procedural justice, child contact in domestic abuse cases, BME womens’ experiences of justice, Sharia and other religious arbitration.
[iv] Kelly L. (1987) The Continuum of Sexual Violence. In: Hanmer J., Maynard M. (eds) Women, Violence and Social Control. Explorations in Sociology (British Sociological Association Conference Volume series). Palgrave Macmillan, London.
[v] Today programme, 2018 [Radio]. BBC Radio 4. 9th March. 06.00
[vi] McCormick, M.A. (1997) ‘Confronting social injustice as a mediator’, Mediation Quarterly, Vol 14, 4.
[vii] Irvine, M. (1993) ‘Mediation: Is it appropriate for sexual harassment grievances?’ Ohio State Journal On Dispute Resolution. Vol 9, 1.
[viii] McLay, Leah (2009) “Workplace bullying: To mediate or not?,” ADR Bulletin: Vol. 11: No. 1, Article 1. Available at: http://epublications.bond.edu.au/adr/vol11/iss1/1
[ix] Fileborn, B. and Vera-Gray, F. (2017) ‘“I want to be able to walk the street without fear”: Transforming justice for street harassment’, Feminist Legal Studies 25: 203-227.
[x] Hester, M. and Lilley, S.J. (2017) ‘More than support to court: Rape victims and specialist sexual violence services’, International Review of Victimology 1-16.
[xi] Howarth, E., Stimpson, L., Barran, D. and Robinson, A. (2009) ‘Safety in Numbers: Summary of Findings and Recommendations from a Multi-site Evaluation of Independent Domestic Violence Advisors’.
[xii] SafeLives (2017) ‘Insights Idva England and Wales dataset 2016-17’.
[xiii] Coy, M. and Kelly, L. (2011) ‘Islands in the Stream: an evaluation of four London independent domestic violence advocacy schemes’. London: London Metropolitan University.

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Rape and sexual harassment: What justice for women?

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Catherine Deneuve criticised the #MeToo campaign

An account of an article by Dr Nazand Begikhani’s first published in France’s Le Monde on 23 January.

A recent statement signed by 100 French women, including Catherine Deneuve (Le Monde, 8 January) criticised the #MeToo campaign and defended the right of men to ‘importune’ in the name of ‘sexual freedom’, claiming that men have been subjected to a ‘witch-hunt’. Both the statement and Deneuve’s response (Liberation, 14 January) advocated that such cases should be left to justice institutions, away from ‘public euphoria’.

I contributed to the debate by publishing an article questioning the nature of justice for women in cases of rape and sexual harassment. Quoting Albert Camus’s famous phrase, ‘between justice and my mother, I chose my mother’, my article highlights the fact that the #MeToo campaigners, like Camus, are not opposed to justice not to men, but to patriarchal ‘violence’, if not ‘terrorism’.’

The article entitled ‘La justice est en retard vis-à-vis des femmes victimes’, refers to studies conducted by our Centre for Gender and Violence Research (CGVR), indicating that criminal justice system is short in establishing the rights of women when it comes to abuse and harassment. It adds that in certain countries, such as Iraq, the law forces raped women to marry their rapists to save the honour of their families.

In Western countries where new strategies have been adopted, it is difficult to bring abusers to justice and when it happens they are rarely condemned. Studies conducted by our Centre affirm that the criminal justice system, which is based on ‘incidence’ approach, undermines their emotional and psychological suffering of women and rarely lead to the condemnation of alleged criminals. Le Monde, via my article, highlights that this approach counters the UN Declaration on the Elimination of Violence Against Women (1993), which stipulates in its definition of Violence Against Women (VAW) all forms of ‘physical, emotional and psychological’ violence.  It reiterates that the public mobilisation and feminist campaigns can have an impact leading to justice in cases of VAW.
The article concludes that, in many places, including in Paris’ suburban zones, in refugee camps in Calais, inside migrant communities as well as in many southern and Mediterranean countries, women could not join the #MeToo campaign to denounce their abusers, fearing revenge and retribution.  It is regrettable that Deneuve’s statement, instead of helping such women in coming forward and expressing themselves, helped reactionary and extremist figures such as Berlusconi who felt he was ‘blessed’ by the statement.

The full article (in French) ‘La justice est en retard vis-à-vis des femmes victimes’ was published in Le Monde on 23 January.

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More people with learning disabilities should be on TV!

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My name is Beth Richards, I have a learning disability and I am an actress. I want to educate the world about people with learning disabilities through my acting, and think that mainstream TV in the UK should be doing more to represent people like me.

I am doing some research to find out why so few people with learning disabilities are on TV and what can be done to change this. At the moment data suggests that only 1.2% of people on TV have a disability (Mental Health Foundation, 2014) and we still don’t know how many of these have a learning disability.

My research is part of a much bigger ESRC funded project called “Getting Things Changed” at the Norah Fry Centre for Disability Studies, University of Bristol. This project is looking at how the barriers people with disabilities in the UK face can be overcome by changing the way people do things.

Very little research has been done to explore why so few people with learning disabilities are on mainstream TV, or in the media in general, but organisations like Mencap and The Mental Health Foundation have campaigned for things to improve. Some actors with learning disabilities have also spoken out about the issue. For example, Sarah Gordy, an actress with Down’s syndrome who has been on shows like Downton Abbey on ITV and The Silkworm on BBC 1, said:

“It’s important that people with a learning disability are seen on our screens and on stage – simply because we exist.”
(The Huffington Post, 2017).

These campaigns are starting to make a difference as both the BBC and Channel 4 have made commitments to improve the representation of disabled people on their channels. For example, the BBC has committed to quadrupling the number of disabled people in its shows by the end of this year, whilst Channel 4 launched its 360 Diversity Charter in 2015 and made 2016 it’s Year of Disability. I think these commitments are great, but it is hard to find out what impact they have had as the channels aren’t reporting their success widely. From a viewer’s perspective, it doesn’t seem like there are more disabled people, especially people with learning disabilities on TV, than there were a few years ago.

One reason why the numbers of disabled people on TV might not have increased despite the BBC and Channel 4’s commitments, might be down to the way TV is made. Shows are written, commissioned, casted and produced by different groups of people. This means there are lots of different layers where disability can be excluded or discriminated against. Many of them out of the control of the television channels themselves.

This seems to suggest that the way TV is ‘done’ affects the number of people with learning disabilities who end up on our screens. I hope to explore this issue in my research by talking to writers, commissioners, casting agents, producers and actors both with and without learning disabilities about the industry. I am going to look at what these people say using Social Practice Theory to help understand how the way TV is ‘done’ can be changed to help get more people with learning disabilities on TV.

I know people with learning disabilities can be actors and have lots of talents. We are role models for others because we know what it’s like to grow up with a learning disability.

Hopefully my research can help change the media for the better.

If you want to be involved or have anything else you could help me with my research, please contact me at beth.richards@bristol.ac.uk or my PA Victoria Mason-Angelow victoria.mason@bristol.ac.uk. You can also find out more about my research and the wider ‘Getting Things Changed’ project on our website http://www.bristol.ac.uk/sps/gettingthingschanged/

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Policy makers do not need to introduce formal structures to achieve political innovation

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Drawing on a case study of English Devolution in the UK, Dr Sarah Ayres, Centre for Urban and Public Policy Research, examines the role played by ‘informal governance’ in shaping political innovation.

Informal governance can be defined as a means of decision-making that is un-codified, non-institutional and where social relationships play crucial roles. Research evidence suggests that an analysis of informal governance is essential if we are to fully understand how political innovation occurs.

The issue of informality in policy-making is particularly timely as public managers seek to manage multifaceted policy problems within contested and uncertain environments. One view is that political decision-making has increasingly moved away from the national level of government to a more spatially diverse, temporal and fluid set of arrangements. From this perspective, policy-making is increasingly taking place in arenas where there is no generally accepted rules and norms according to which politics is to be conducted. Some argue that it is the surge of ‘wicked problems’ that have prompted this type of leadership, as multiple actors come together to solve complex policy problems. These developments raise important questions about how informal governance operates in this transforming policy landscape and the impact it has on political innovation. Yet, there is comparatively little research on the role of informality in policy-making, partly because of the complexity of studying it.

The case of English devolution in recent years provides us with an interesting example of the complex interrelationship between formal and informal policy making. In the case of English devolution, evidence confirms that informal governance has created an ‘innovative space’ to explore new possibilities and develop trust between critical actors. Elected politicians had a pivotal role in creating an ‘innovative space’ for senior administrators to develop new high trust relationships and working practices. Back stage, administrators were using informal governance to (re)configure institutional arrangements.

Evidence also confirms that informal governance was used to enhance the autonomy and discretion of administrators, leading to an ‘innovative oriented culture’. This shaped both the intention to be innovative and the creation of a permissive environment for change. Informal governance was used by a closely-knit group of well positioned and highly skilled boundary spanners who were motivated to use it in pursuit of securing government objectives. It was used as a tool to break deadlocks, promote political momentum and complement a weak formal bureaucracy. The ‘formalisation’ of informal working at critical points was utilised to secure political innovations that had traction.

Finally, research data confirmed that informal governance led to more responsive problem solving and a shared commitment to new policy goals. Central-local relationships were viewed as more collaborative and there was enhanced diversity and creativity in local policy outcomes. However, while informal working was viewed as a route to policy innovation, some respondents acknowledged the negative impacts regards transparency and accountability. Whitehall officials could be accused of using soft power to enforce the ‘shadow of hierarchy’ in nebulous ways, thus undermining the ability of local actors to secure real influence.

This research tells us that when formal structures and procedures are weak, political innovation can still thrive. Indeed, operating ‘back stage’ offers a number of distinct advantages for political innovation, although these must be mitigated against the pitfalls associated with increased informality if policy effectiveness is to be achieved without undermining democratic legitimacy.

This post is taken from a recent article by Dr Sarah Ayres entitled ‘Assessing the impact of informal governance on political innovation’ published in Public Management Review. This was written as part of a Special Issue on ‘Political Innovation’ and edited by Professor Eva Sorensen (Roskilde University, Denmark).

Dr Sarah Ayres has also co-edited a number of other reports on the role of ‘informal governance’ on devolution to England’s cities, including ‘Policy-making ‘front’ and ‘back’ stage: Assessing the implications for effectiveness and democracy’ and ‘Territory, Power, Statecraft: Understanding English Devolution’.

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Crisis in care homes: how can we improve standards in the context of austerity?

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Liz Lloyd, Professor of Social Gerontology in the Centre for Health and Social Care discusses the factors behind deteriorating standards in care homes.

There is a crisis in British care homes, arising not merely from bad behaviour by staff members but from the economic and political context of the social care market.

There are currently close to half a million individual places (‘beds’) used by around 4% of the population aged 65+ and 17% of people aged 85+. Statistics vary somewhat, according to what is being measured, but we can be certain that although the number of older people in the population have risen, a smaller proportion of them live in a care home, that they are older on average when they first enter the home and have more complex, long-term illness that require more skilled assistance.

Older people are also increasingly likely to pay at least a part of their care home fees. According to Laing and Buisson’s 2012-2013 Care of Elderly People UK Market Survey, some 43.4% of older residents in the independent sector paid the full costs and a further 14% received partial council support and topped up their fees. The majority therefore still rely wholly or partially on public resources but this proportion is falling.

Running parallel to these changes is the rise in private ownership of care homes and payment of fees. Over three decades, the proportion of places in local authority run care homes in the UK has dropped while the proportion in the private, for-profit, sector has risen so it now has a 75% share of all places. The voluntary, not-for-profit, sector share has been more stable but is falling slightly. The current crisis involves increasing levels of provider failure and exit from the care home market. Several big providers are deeply in debt, raising fears of a major collapse like that of Southern Cross in 2008. Owners point to rising costs as a consequence of the introduction of the national living wage and falling profits because fees paid by local councils have not risen in line with increased costs. The consequences for providers is an unsustainable business model.

The consequences for older people who need residential care are evident in delayed discharges and hospital waiting lists, a point illustrated perfectly in the case of Mrs Iris Sibley, who remained in the Bristol Royal Infirmary for six months while her family sought a care home place. For residents and their families the insecurity associated with provider failure means added anxiety and stress. Add to this the associated problem of worsening standards, which the Care Quality Commission fears will grow in the absence of major reform. Mrs Sibley’s son described how one place she was offered was so bad that he ‘wouldn’t put a sick dog in there’.

Not all older residents experience the same thing, of course. According to Norman Lamb MP, former Health Minister, the market has come to benefit older people with enough money to pay for their own care while disadvantaging those who rely on state support. Care homes where all or most residents pay their own fees are more secure than those that rely mostly on the local authority payments and are more able to absorb the additional cost of the national living wage. We might question why anyone would argue against a decent level of pay for the people who care for us when we are sick and disabled, but the dominant theme in social care for older people is that it should be as cheap as possible – hence, high numbers of migrant workers in the care home sector.
In fact, debates about care homes focus overwhelmingly on keeping costs down and agreeing who should pay. Should it be individuals (during their lifetime or after their deaths), their families or the public in general? Health and social care are frequently portrayed as unaffordable in the context of the ageing of the baby boomer generation.

I declare an interest here, being a baby boomer, but take issue with such a simplistic argument. Demographic trends have an impact on demand for care, for sure, but there is evidently a wider set of factors at play. Indeed it is arguable that demographic trends provide a useful rationale for cuts to public spending that would be made anyway. Policy-makers have placed themselves in a bind as cuts to public spending have impacted on private sector profits, proposals to recoup the cost of care from older people’s estates after death are met with outrage in the press, as are stories like that of Mrs Sibley.

Evidence on what makes a care home a good place to live and work is abundant. Higher standards of care are usually reflected in higher levels of staffing, more skilled workers and a culture of person-centred care that attends to the whole range of an individual’s needs, not merely to their basic physical requirements. A culture of ‘person-centred care’ promotes a sense of belonging and security and enables residents to maximise their capacities, enjoy new experiences and take risks. Care homes are likely to remain a part of the care system, despite their reputation, so we need to focus on standards. A sizeable number of us who will live in a care home at some stage of our lives, or have a close relative who does. But more importantly, care homes are inextricably linked with other parts of the care system so it is in our interests to think about standards in care homes as a policy issue that affects us all.

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