Closed consultation

Local connection requirements for social housing for victims of domestic abuse

Published 15 February 2022

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England

Scope of the consultation

Topic of this consultation:

This consultation seeks views on:

• proposals to introduce regulations to enable victims of domestic abuse who need to move to another local authority district to escape domestic abuse to qualify for an allocation of social housing in the new area, and;
• how local authorities are making use of the existing legislation and guidance to support victims who wish to move within and across local authority boundaries.

Scope of this consultation:

This consultation follows on from a commitment the government gave during passage of the Domestic Abuse Bill to consult on regulations to disapply local connection tests for victims of domestic abuse who apply for social housing.

Geographical scope:

These proposals relate to England only.

Basic information

Body/bodies responsible for the consultation:

Department for Levelling Up, Housing, and Communities

Duration:

This consultation will last for 12 weeks from 15 February to 10 May 2022.

Enquiries: For any enquiries about the consultation please contact:

domesticabuseconsultations@levellingup.gov.uk

How to respond:

You may respond by completing an online survey.

Alternatively you can email your response to the questions in this consultation to:

domesticabuseconsultations@levellingup.gov.uk

If you are responding in writing, please make it clear which questions you are responding to.

Written responses should be sent to:

Social Housing Allocations Team
Department for Levelling Up, Housing, and Communities
3rd Floor, Fry Building
2 Marsham Street
London
SW1P 4DF

When you reply it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

• your name,
• your position (if applicable),
• the name of organisation (if applicable),
• an address (including post-code),
• an email address, and
• a contact telephone number

Please also confirm whether you agree to be contacted in relation to any of the answers you have provided.

1. Introduction

1. Domestic abuse is a devastating crime which seriously impacts the lives of the victim, their family, and society as a whole. The Domestic Abuse Act 2021 (“the Act”), which received Royal Assent on 29 April 2021, provides protection to people who experience domestic abuse and strengthens measures to tackle perpetrators.

2. The Act introduces a legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including emotional abuse, coercive or controlling behaviour, and economic abuse. It established in law the Office of Domestic Abuse Commissioner and sets out the Commissioner’s functions and powers.

3. The police will also be given new powers including Domestic Abuse Protection Notices to provide victims with immediate protection from abusers, while courts will also be able to make a Domestic Abuse Protection Order to help prevent offending by requiring perpetrators to take steps to change their behaviour, which may include (amongst others) seeking mental health support or drug and alcohol rehabilitation.

4. The Act includes a number of provisions in relation to accommodation. It places a duty on local authorities in England to assess the need to provide support to victims of domestic abuse and their children within safe accommodation, prepare a strategy for the provision of such support and give effect to that strategy; and gives all eligible victims who are homeless as a result of domestic abuse ‘priority need’ for homelessness assistance. The Act includes powers to protect the security of tenure of victims of abuse who have or had a lifetime tenancy and are granted a new secure tenancy for reasons connected with that abuse, whether they are a lifetime social tenant who needs to flee their home to escape domestic abuse or a former joint lifetime tenant who, wants to remain in their home after the abuser has left or been removed.

5. During passage of the Domestic Abuse Bill the government gave a commitment to consult on regulations to disapply local connection tests for victims of domestic abuse who apply for social housing. The purpose of local connection tests as part of the qualification criteria for social housing allows local authorities to prioritise applicants who can demonstrate a close association with their local area.

6. Local connection is usually established where people have lived in an area for at least 6 months out of the previous 12 months or 3 years out of the previous 5 years, or where the applicant may have well-established family or local associations to an area.

7. The government has already set clear guidance that it is not reasonable or practical for domestic abuse victims to be required to satisfy a local connection test in order to qualify for social housing as they often have fled from another local authority where they were previously a resident. This means that councils are already expected to take account of special circumstances such as this, by making provision for appropriate exceptions on local connection tests for abuse victims. Councils also retain discretion to deal with individual cases where there are exceptional circumstances.

8. We are concerned that victims are still being denied social housing allocations because they have no local connection. Often, victims who have escaped to a refuge need to resettle in a new area as they are still at risk in the area they fled. This is especially important given we know that the majority of victims who were placed in a refuge came from a different local authority area to the refuge they moved to.

9. We therefore consider that the use and appropriateness of statutory guidance should be reviewed. We want to consider the pros and cons of introducing regulations to prevent local authorities from applying local connection tests to domestic abuse victims, as well as assessing the scope of the regulations, and the circumstances in which such exemptions should apply.

10. We want to hear from the domestic abuse sector, victims and local authorities, to ensure that their interests are considered and that the regulations achieve the desired aim of improving the protections for victims of domestic abuse.

11. This consultation seeks views on:

• proposals to introduce regulations to enable victims of domestic abuse who need to move to another local authority district to escape domestic abuse to qualify for an allocation of social housing in the new area, and;
• how local authorities are making use of the existing legislation and guidance to support victims who wish to move within and across local authority boundaries.

12. This consultation does not seek views on local connection tests for homelessness assistance.

2. Current priority given to domestic abuse victims for social housing allocations

13. The government is clear that we expect social homes to go to people who need them, including those who need to escape domestic abuse. Our guidance, Allocation of accommodation: guidance for local authorities, issued by the Department in 2012, advises local authorities to consider giving additional preference (high priority) to those who are homeless and require urgent re-housing as a result of violence or threats of violence including domestic violence.

14. Statutory guidance: Improving access to social housing for victims of domestic abuse, issued in 2018 encourages local authorities to give appropriate priority to victims of domestic abuse who have fled to a refuge or other form of safe temporary accommodation. It sets out how authorities can do this by applying the medical and welfare or the homelessness reasonable preference categories when considering applications from victims and their families who are in such circumstances.

Consultation question:

Q1) [For local authorities] Does your social housing allocations scheme incorporate the statutory guidance on Domestic Abuse victims to ensure that appropriate priority is given to victims of domestic abuse, including those who are being accommodated in a refuge, or another form of safe temporary accommodation?

Please provide further details.

3. Social housing allocation qualification criteria for domestic abuse victims

15. Local authorities have the power to tailor their allocation priorities to meet local needs and circumstances. For example, we expect local authorities to use these flexibilities to allow for applicants who have well-established local residency or well-established local associations in their area to qualify for social housing.

16. However, we consider that there should be appropriate exceptions in certain circumstances, such as domestic abuse victims who apply for social housing. For this reason statutory guidance strongly encourages all local authorities to exempt from their residency requirements those who have escaped domestic abuse in another local authority area and are living in a refuge or other form of safe temporary accommodation in their district.

17. Given we know that domestic abuse victims are being denied social housing allocations in some areas because they have no local connection to an area, we believe the government needs to consider further measures beyond statutory guidance. Such measures would ensure that domestic abuse victims are no longer disadvantaged by a local authority’s local connection qualification criteria when they apply for social housing.

18. The government proposes to introduce regulations so that local authorities would be prevented from applying a local connection or residency test to victims who have been forced to flee to another local authority district in order to escape domestic abuse. These regulations would incorporate into the law existing expectations for local authorities contained within the 2013 (Local People) and 2018 (domestic abuse victims) statutory guidance with respect to disapplying local connection or residency tests for domestic abuse victims.

Consultation questions:

Q2) The government proposes to make regulations to require local authorities to ensure that domestic abuse victims are exempt from any local connection or residency requirements as part of their qualification criteria for applicants for social housing. Do you agree?

Q3) [For local authorities] Does your social housing allocations scheme make use of current flexibilities within the allocation legislation to ensure that victims of domestic abuse and those who are in refuges are not disadvantaged by local connection requirements? Please provide details.

Q4) [For respondents who have applied for social housing] Have you ever been disqualified for social housing allocations by a local authority on local connection grounds despite being a victim of domestic abuse? If so please provide further information such as the grounds on which you were disqualified.

4. Scope of proposed regulations for removing residency requirements and local connection tests for domestic abuse victims who apply for social housing

19. The following section sets out the scope of the proposed regulations and the circumstances in which the exemption would apply.

Definition of local connection

20. In defining local connection, we propose to use the definition in s.199 of the Housing Act 1996 which provides that a local connection may be established through residence of choice, employment, or family associations in the area, or because of special circumstances.

21. This definition of local connection is in line with regulations introduced in 2012 that prevent local authorities applying a local connection test in relation to certain members of the Armed Forces and the 2015 Right to Move regulations which exempts local connection tests for residents who are moving for work which both use the definition contained within s.199 of the Housing Act 1996.

Consultation question:

Q5) Do respondents agree that local connection should be defined by reference to Section 199 of the Housing Act 1996?

5. Ensuring a connection between housing allocation and domestic abuse

22. We want to ensure that victims who have been forced to flee their homes, or need to move on from a refuge, temporary accommodation, or another form of safe accommodation, and wish to apply for social housing, are not prevented from doing so because of a residency or local connection requirements. In order to do this effectively, local authorities will need to be confident that the exemption of local connection requirements in a particular case is relevant and relates to a need to relocate to a new area because of domestic abuse.

23. We have considered two options to take this into consideration. First, we could introduce a time limitation to the exemption. For example, the proposed regulations could provide that the exemption applies for a defined and finite period after the victim has fled domestic abuse.

24. We recognise there is a risk that a time limit could feel arbitrary in some cases. Victims who escape abuse are not always able to have a sufficient degree of choice as to when they can escape and where they escape to and may have spent a considerable time moving from place to place before they are able to apply for social housing in a district where they wish to settle. In this scenario a time limit may not be fair for victims. On the other hand, a higher time limit could result in those who are no longer at risk of abuse and who have successfully moved on with their lives being able to avail themselves in perpetuity of a greater priority to housing in an area they do not have a local connection with.

25. A second option would be to make a provision which states that in order for the exemption to apply there must be connection between the domestic abuse and the application for social housing in a new area. This would be similar to the secure tenancy provision in s.81ZA of the Housing Act 1985. Section 81ZA protects the security of tenure of current and former secure (non-flexible) and certain assured tenants who are victims of domestic abuse and are granted a new lifetime tenancy by a local authority where the new tenancy is granted ‘for reasons connected with that abuse’. This option would give local authorities more flexibility to take account of individual circumstances while ensuring that victims who have been forced to move as a result of domestic abuse are protected.

Consultation questions:

Q6) Do respondents consider that exemptions of local connection or residency tests for domestic abuse victims should be time limited? If so, what length of time is appropriate, when should the period begin, and who should make that assessment?

Q7) Alternatively, do respondents consider, instead of having a time limited exemption, that we should provide for ensuring exemptions from local connection or residency tests apply where the need to move to a new area relates to reasons connected with domestic abuse?

6. Support for victims across the United Kingdom

26. We propose that the exemption for residency and local connection tests applies for all domestic abuse victims across the UK who are making an application for social housing in England, given they may have travelled from a neighbouring Local Authority or another part of the UK to escape abuse.

27. Households at risk of domestic abuse often have to leave their homes and the area where they live. There is a clear need for victims of abuse and their children to be able to travel to different areas in order for them to be a safe distance from the perpetrator. The government considers that, within a local authority, domestic abuse victims from other areas and local residents should be treated equally.

28. We consider that the above is equally applicable whether or not the victim has fled from another local authority in England or from elsewhere in the UK. This may be particularly relevant if the victim has friends or family in England who will be able to provide emotional support.

Consultation question:

Q8) Do respondents agree that the proposed exemption to local connection and residency tests should extend to social housing applications made in England where the victim has fled from elsewhere in the UK?

7. Exemption from residency and local connection tests for domestic abuse victims across different housing tenures

29. We consider that we should, in regulations, exempt from residency and local connection tests, not only abuse victims who are living in refuges or in social housing, but also those living in the Private Rented Sector, privately owned accommodation, and temporary accommodation.

30. We know for many victims of domestic abuse, access to social housing is often secured after accessing emergency accommodation such as a refuge at the point of crisis.

31. However, we are aware that refuge accommodation is not always available for all victims, and as a result many domestic abuse victims may move to another local authority and be living in Private Rented Accommodation, temporary accommodation, or living with friends and family after escaping abuse.

32. Many victims living in private housing, including privately rented and privately owned accommodation, face additional barriers to remaining safely in their own homes, including high rental costs or mortgages, insecure and shared tenancies and mortgages with the perpetrator, shared deposits with the perpetrator, and landlords and letting agents who may have minimal understanding, awareness, or ability to support tenants experiencing domestic abuse.

Consultation question:

Q9) Do respondents agree that the proposed exemption from local connection and residency tests should be applied to domestic abuse victims in privately rented accommodation, privately owned housing, and temporary accommodation? If not, please explain why.

8. Introducing accompanying statutory guidance alongside proposed regulations

33. Local authorities must have regard to the homelessness code of guidance when considering applications for social housing. This includes guidance of when it is appropriate for local authorities to collect evidence in determining whether domestic abuse has taken place and what types of evidence they may wish to collect to support this assessment. We would like to consider whether there is any more guidance we could usefully provide to ensure evidence is collected which satisfies the needs of local authorities, but does not disadvantage domestic abuse victims.

34. We are aware of concerns that some local authorities impose stringent evidence requirements for victims of domestic abuse when considering housing applications. We recognise that local authorities need to collect evidence to satisfy themselves that domestic abuse has taken place, but it is important to recognise that those who have fled domestic abuse will be in a vulnerable and precarious situation so therefore evidence requirements should be proportionate and appropriate.

Consultation questions:

Q10) [For local authorities] What types of evidence do you collect when determining whether an applicant qualifies for social housing in relation to them being a victim of domestic abuse, and what are the reasons for collecting this?

Q11) Is there a need for further statutory guidance with regards to collecting evidence of domestic abuse to support local authorities when considering applications for social housing, to make sure the vulnerabilities of the victim and needs of the local authority are balanced. If so, what might this include?

9. Joint working between local authorities

35. Some people escape domestic abuse by moving into a refuge, or other form of temporary accommodation away from where they have a local connection. They may want to be able to continue to live in the area where the refuge or temporary accommodation is located, thus making use of the proposed exemptions. We are aware that not all local authorities have a refuge or suitable temporary accommodation in their district. We wish to see local authorities working together with neighbouring authorities, taking into account the needs and preferences of victims and their families, to ensure that any such exemption of local connection or residency requirements for domestic abuse victims does not fall disproportionately on those authorities with greater refuge or temporary accommodation provision. Local authorities that participate in area-based, choice-based lettings schemes may be well placed to work together to meet the needs of those who are moving on from refuges or other forms of temporary accommodation, for example, by each providing for a quota of lettings to be made available for this group.

Consultation questions:

Q12) [For local authorities] What are the ways in which you currently work with neighbouring local authorities to ensure there is a proportionate allocation of social housing for domestic abuse victims?

Q13) Are there any barriers that prevents neighbouring local authorities from working together to support domestic abuse victims and their families applying for social housing outside their area?

About this consultation

This consultation document and consultation process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this consultation may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation. In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department for Levelling Up, Housing, and Communities will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this consultation has followed the Consultation Principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the consultation.

1. The identity of the data controller and contact details of our Data Protection Officer

The Department for Levelling Up, Housing and Communities (DLUHC) is the data controller. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk or by writing to the following address:

Data Protection Officer
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the consultation process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a consultation online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please only share special category personal data or criminal offence data if we have asked for it, unless absolutely necessary for the purposes of your consultation response. By ‘special category personal data’, we mean information about a living individual’s:

• race
• ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetics
• biometrics
• health (including disability-related information)
• sex life; or
• sexual orientation.

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

3. Our legal basis for processing your personal data

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by DLUHC of a task in the public interest/in the exercise of official authority vested in the data controller. Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a consultation.

Where necessary for the purposes of this consultation, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this consultation is as follows. The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018.

4. With whom we will be sharing your personal data

DLUHC may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this consultation. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for two years from the closure of the consultation, unless we identify that its continued retention is unnecessary before that point

6. Your rights, e.g. access, rectification, restriction, objection

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO on their website, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@levellingup.gov.uk or

Knowledge and Information Access Team
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system