We will make full use of our statutory powers to tackle domestic abuse where this is in the interest of the survivor.
The following is not an exhaustive list of legislative powers we can use in tackling domestic abuse, but provides a summary of our approach.
We will work to the legal definition of domestic abuse as defined under the Domestic Abuse Act 2021 as:
Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse perpetrated by one person against another, by those who are aged 16 or over and who are, or have been, 'personally connected', regardless of gender or sexuality.
Domestic abuse can include, but is not limited to, the following forms of abuse:
- controlling or coercive behaviour
- economic
- emotional and psychological
- faith-based
- female genital mutilation (FGM)
- forced marriage
- honour based
- physical
- sexual
- stalking and harassment
- verbal.
Expanded definitions of these terms can be found in the glossary.
Personal connection is as defined under the Domestic Abuse Act as:
- current, ex-spouses or civil partners
- current or ex-intimate partners
- co-parents
- relatives.
Relatives are defined under the Family Law Act 1996 and include:
- parents and grandparents
- children (aged 16 and above)
- siblings
- aunts and uncles
- nieces and nephews
- first cousins.
Relatives are still considered personally connected if they are step-relations or in-laws.
Generally, domestic abuse is characterised by a pattern of repeated incidents motivated by a desire to: control the victim, isolate them, and foster dependence on the perpetrator. However, 'isolated' or 'one-off' incidents of violent or abusive behaviour are also domestic abuse.
Ground 14A of Schedule 2 of the Housing Act 1988 and 1996 gives us powers to evict a perpetrator of abuse if their partner has left the property because of violence or threats of violence and they are unlikely to return to the property.
In line with the homelessness code of guidance, a survivor can approach any local authority if they are fleeing domestic abuse. This includes their home borough.
Domestic Abuse Act 2021
Applicants will be treated as homeless if it is not reasonable for them to continue to occupy an accommodation because doing so may lead to domestic abuse, in accordance with the Housing Act 1996.
Applicants who are eligible for homelessness assistance and are homeless because of domestic abuse are considered to be in priority need for temporary accommodation.
The Domestic Abuse Act places a duty on local authorities to maintain survivors' social housing status for existing tenants who are no longer able to maintain their social housing tenancies due to domestic abuse. This means awarding like-for-like tenancies to sole or joint tenants.
We will also seek to maintain the tenancy of a victim or survivor who is an H&F tenant through awarding management transfers or awarding sole tenancies where a previous tenancy was joint, according to the needs and wishes of the survivor.
The Domestic Abuse Act 2021 sets out the legal definition of 'safe accommodation' that survivors of domestic abuse can access support in, which does not include generic temporary accommodation with mixed-gender facilities (such as shared kitchens or bathrooms). We will work to place survivors of domestic abuse in accommodation that meets their needs.
If suitable accommodation is not available on the day of homelessness, survivors will be placed in interim accommodation or commercial hotels until a placement can be found. No survivor will be turned away from the local authority due to a lack of availability of suitable accommodation.
Under the Domestic Abuse Act 2021, children are considered victims if they see, hear, or experience domestic abuse. Alongside our duties to safeguarding children, any case of domestic abuse where children are associated will be treated as a safeguarding concern.