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Introduction

This short survey is to help the Violence Against Women and Girls sector show how important the Human Rights Act is for victims and survivors.

We will bring responses together into a resource that will support organisations to campaign and push back against the government’s plan to scrap the Human Rights Act. 

If you would rather respond in another format, e.g. via email, phone or video call including with BSL, or you have any questions about this survey, please contact janaya.walker@evaw.org.uk. 

Different organisations will have different experience and expertise. We will be asking about both legal and non-legal challenges made towards public authorities, including the police, local authorities and schools. Please do share any examples you have that relate to your work. It is individual victims’ and survivors’ experiences that are often the most powerful, and best tell the story of how important the Human Rights Act is.

Notes
  • Please make case study submissions regarding victims and survivors' anonymous if they are not already in the public domain.
  • Any submissions and examples used in the report will be credited. We may follow up with you to clarify information provided.
  • All organisations who respond will be named in the report. 
Please respond by 6pm on Thursday 18th August 2022. 

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* 1. Your organisation:

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* 2. Your name:

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* 3. Your role:

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* 4. Your email address: 

Background: Positive obligations under the Human Rights Act 

The Human Rights Act means that public authorities - for example the police, local authorities, schools, and health and social care services, must take proactive action to prevent violations of people’s human rights, including taking steps to prevent serious violence or death. 

This duty for public bodies to take proactive action to prevent harm is known as ‘positive obligations’. If public bodies fail to act to protect women from harm, they can face legal action. 

The Government’s new Bill of Rights seeks to limit these positive obligations, putting women and girls’ lives at risk.

We are looking for past and present examples from organisations where staff have relied on ‘positive obligations’ to ensure that police, local authorities, schools and other public authorities take proactive steps to protect women and girls at risk of VAWG. 

A well known example of this is the Worboys case where survivors bought action against the police for their failure to properly investigate rape.

We are also interested in examples where cases did not proceed to legal action, but where the threat of legal action, drawing on the Human Rights Act, was enough to initiate action to protect women and girls.

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* 5. SECTION 1: Non-Legal Challenges 

We know that the police and other public authorities routinely fail survivors and that organisations have to challenge them (even without the Human Rights Act). The government position however, is that we can simply “trust the professional judgement” of police and other public authorities. Our first questions are therefore about non-legal challenges and complaints. 

Challenging poor practice by the police (Non-Legal Challenges)

4. Does your organisation challenge and/or file complaints about poor police practice towards victims and survivors of VAWG? 
If yes, how often? (a rough estimate) 

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* 6. If you answered yes, in what formats or ways does your organisation challenge poor police practice? (including formal complaints). The next question will ask for case studies.

Please add detail here on the types of cases and complaints made, including whether there are any groups disproportionately subject to poor police practice. 

If you answered no, please feel free to comment on why your organisation does not challenge poor police practice, including any barriers.

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* 7. Case studies
Please provide one or more case studies of how your organisation has successfully challenged poor police practice in the format below:

  • The situation / context (of the victim/survivor and the police response)
  • What your as organisation did to challenge police practice
  • The outcome

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* 8. Challenging poor practice by local authorities, including adult and children's social care (Non-Legal Challenges)

Does your organisation challenge and/or file complaints about local authorities’ practice towards victims-survivors of VAWG, including adult and children's social care? If yes, how often?

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* 9. If you answered yes, in what ways does your organisation challenge local authorities' poor practice? (including formal complaints). The next question will ask for case studies.

Please add detail here on the types of cases and complaints made, including whether there are any groups disproportionately subject to poor police practice. 

If you answered no, please feel free to comment with any reasons for not challenging local authorities' poor practice, including any barriers.

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* 10. Case studies
Can you provide one or more case studies of how your organisation has successfully challenged poor local authority practice towards victims and survivors in the format below:

  • The situation / context (of the victim/survivor and the local authority response)
  • What your as organisation did to challenge poor local authority practice
  • The outcome

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* 11. Does your organisation challenge and/or file complaints about poor practice towards victims and survivors of VAWG from any other public bodies? E.g. schools. If so please give further information in the format below:
  • The situation / context (of the victim/survivor and the public authority response)
  • What your organisation did
  • The outcome
If your answer is no, please feel free to comment with any reasons for not challenging other public authorities' poor practice, including any barriers.

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* 12. SECTION 2: Legal challenges

Have your advocacy staff received training from lawyers, such as Centre for Women’s Justice, so that you can challenge the decisions of public authorities where they fail to take proactive steps to protect women from harm?

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* 13. Have you instructed lawyers or sought legal advice to challenge the failures of public authorities to take proactive steps to protect victims and survivors of VAWG from harm?

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* 14. Does your organisation have in-house lawyers or deliver training on challenging failures of public authorities towards victims and survivors of VAWG?

Legal challenges of police failures towards victims and survivors of VAWG

The following 3 questions will ask for case examples from your organisation of challenging police failures regarding: a) rape or sexual violence, including child abuse and exploitation, b) modern slavery and trafficking, c) so-called honour-based violence. We understand that these experiences will often overlap. Please provide responses where you feel most suitable.

If you have existing written case studies, you are welcome to send by email to janaya.walker@evaw.org.uk.

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* 15. Legal Challenges of Police Practice in rape and sexual violence cases

Can you provide any case examples of your organisation challenging police failures regarding rape or sexual violence, including child abuse and exploitation, such as:

1) to compel them to properly investigate or prosecute 

2) to challenge police failures not to investigate or prosecute after the event? 

Please provide any examples in the format below:

  • The situation / context before any intervention
  • What your organisation did / the form the intervention took
  • The outcome

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* 16. Legal Challenges of Police Practice in modern slavery and trafficking cases

Can you provide any case examples of your organisation challenging police failures regarding modern slavery and trafficking, such as:

1) to compel police to properly investigate or prosecute modern slavery and trafficking 

2) to challenge police failures to adequately investigate or prosecute modern slavery and trafficking after the event? 

Please provide any examples in the format below:
  • The situation / context before any intervention
  • What your organisation did / the form the intervention took
  • The outcome

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* 17. Legal Challenges of Police Practice in so called honour-based violence cases

Can you provide any case examples of your organisation challenging police failures regarding honour-based violence, such as:

1) to compel police to adequately investigate or prosecute honour-based violence? 

2) to challenge police failures to adequately investigate or prosecute honour-based violence after the event?

Please provide any examples in the format below:
  • The situation / context before any intervention
  • What your organisation did / the form the intervention took
  • The outcome

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* 18. Legal challenges of other public authorities' failures towards victims and survivors of VAWG, including local authorities (adult and children's social care) and schools.

Can you provide any case examples of your organisation challenging other public authorities for their failures to take proactive steps to protect women and girls VAWG, either:

1) to compel them to take steps to protect women and girls from harm?

2) to challenge public authorities failures not to take proactive steps to protect women and girls, after the event?

Please provide any examples in the format below:

  • The situation / context before any intervention and the public authority involved
  • What your organisation did / the form the intervention took
  • The outcome

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* 19. SECTION 3

Use of 'Threat to Life' Notices or 'Osman warnings'

Has your organisation ever relied on ‘Threat to life’ notices or ‘Osman warnings’ to ensure that action is taken to protect women and girls from immediate risk of harm, including domestic violence, ‘honour’-based violence or stalking? 

Please provide any examples in the format below:
  • The situation / context before any intervention
  • What your organisation did / the form the intervention took
  • The outcome

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* 20. Article 2 inquests

Has your organisation ever relied on Article 2 of the Human Rights Act following the murder or suicide of a woman or child?

1) to ensure there is a proper inquest or;
to make a civil claim 

Please provide any examples in the format below:

  • The situation / context before any intervention
  • What your organisation did / the form the intervention took
  • The outcome

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* 21. You are welcome to share any other comments here that you wish to make about what you think plans to scrap the Human Rights Act will mean for your organisation and the women and girls you support. 

Thank you for taking the time to complete this survey. For any questions or if you have any supporting or existing written information to accompany your answers, please contact janaya.walker@evaw.org.uk. 

If you have responded to this survey in any capacity, your organisation's name will be listed in the final resource for publication in September 2022, unless you specify otherwise.

We look forward to working with you on this campaign.

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