Home › Evidence library › Flaw 15
Key flaw 15 of 17 ·
A thin evidence base and an unproven need (Impact assessment; Explanatory Notes, para 97; clauses 1(6) and 2)
[n] evidence items · [n] accounts · [Jurisdictions]
What it does
The Government’s own assessment acknowledges “a reliance on individuals’ retrospective self-reports”, “self-selected samples that do not accurately represent the LGBT+ population” and “a lack of longitudinal or controlled study designs”. It states that “there is no causal evidence directly measuring the outcomes or impact of conversion practices”, and that the evidence on gender identity conversion practices is “much newer”. One survey it relies on “did not contain a clear definition of ‘conversion practices’”. It nonetheless monetises £783 million of benefits over ten years, and calls its own projections “indicative rather than definitive”, while the costs to the justice system are still “being assessed” (EN para 97). (see sources)
Existing criminal law already punishes serious abuse, with higher maximum penalties. Causing grievous bodily harm with intent (s.18 Offences against the Person Act 1861) rape can carry a life imprisonment, and sexual assault carries ten years. Sexual offences also bring notification requirements and Sexual Harm Prevention Orders. The Bill lists sexual and violent conduct as indicators of abuse (cl. 1(6)(a)–(b)), and the Explanatory Notes give “corrective” sexual assault and electroshock as examples (para 35), yet the new offence carries a maximum of five years.
The Government says existing offences do not cover every conversion practice: coercive control requires a personal connection, harassment a course of conduct. The gap it identifies is non-violent, non-sexual conduct: words, and psychological, emotional or economic pressure. These are the least defined parts of the Bill (concerns 2 and 9). The offence adds most where it is least certain.
Effects: The Committee is asked to recommend a new offence without evidence of how comparable laws have operated, and without an estimate of the extra care proceedings, foster placements or legal aid it may generate. Parents with parental responsibility in care proceedings receive legal aid without a means or merits test. Serious sexual or violent conduct could be charged, or pleaded down, to an offence with a lower maximum penalty and without sexual offence protections.
At a minimum
Before the Bill proceeds, require a full assessment of its impact on the criminal and family justice systems, including care proceedings, foster care and legal aid, with evidence from Victoria, New South Wales and New Zealand. Require the Government to identify, for each indicator in cl. 1(6), which existing offence applies and what conduct remains uncovered. Provide, or require charging guidance to ensure, that conduct amounting to a serious sexual or violent offence is charged as that offence.
Sources
Draft final stage impact assessment see Limitations of the evidence base and analytical challenges (gov.uk, dated 18 June 2026, published 30 June 2026)
Draft equality impact assessment, see Limitations
Explanatory Notes para 97
CL 1(6) In assessing the nature of the conduct, consideration is to be given (among other things) to the question whether it involves any of the following—
(a) words or behaviour of a sexual nature;
(b) violent or threatening words or behaviour;
(c) controlling or coercive words or behaviour;
(d) use of economic pressure;
(e) use of psychological or emotional pressure.
CL 2 Offence of carrying out an abusive conversion practice on an individual
(1) A person commits an offence if the person carries out an abusive conversion practice on an individual which causes—(a) serious harm to the individual’s physical or mental health, or (b) serious alarm or distress to the individual which has a substantial adverse effect on their usual day-to-day activities.
(2) A person guilty of an offence under this section is liable—(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates' court, to a fine or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 5 years, to a fine or to both.
What the Australian and New Zealand evidence shows
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Evidence
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