Consultation outcome

New duties on local authorities to provide domestic abuse support in safe accommodation in England: consultation

Updated 1 October 2021

Applies to England

Scope of the consultation

Topic of this consultation:

This paper seeks views on the government’s draft statutory guidance and regulations to accompany the new duties on local authorities relating to the provision of domestic abuse support within safe accommodation in England contained in Part 4 of the Domestic Abuse Act 2021.

Scope of this consultation:

This consultation relates to the draft regulations and statutory guidance that support all tier 1 and 2 local authorities in meeting the new duties relating to the provision of domestic abuse support for victims and their children residing in safe accommodation within Part 4 of the Domestic Abuse Act 2021

Geographical scope:

This consultation applies to England only.

Impact assessment:

A full equalities impact assessment has been undertaken and considered in full. However, we would welcome views.

Basic Information

Body/bodies responsible for the consultation:

Ministry of Housing, Communities and Local Government.

Duration:

This consultation will last for 6 weeks from 15 June to 27 July.

Enquiries:

For any enquiries about the consultation please contact: DomesticAbuse.ReviewandAudit@communities.gov.uk.

How to respond:

You encourage you to respond by completing an online survey.

Alternatively you can email your response to the questions in this consultation to DomesticAbuse.ReviewandAudit@communities.gov.uk

If you are responding by email, please make it clear which questions you are responding to.

Introduction

1. Domestic abuse is a devastating crime which creates long term impacts on victims, their children, and wider society. Government has committed to transforming the response to domestic abuse.

2. On 29 April the Domestic Abuse Act 2021 received royal assent. The act includes within Part 4 (sections 57-61) new duties on tier 1 local authorities in England relating to the provision of support for victims and their children residing within relevant safe accommodation and a duty on tier 2 authorities to co-operate with tier 1 authorities. To accompany the new duties the government is providing statutory guidance and regulations which are relevant to both tier 1 and tier 2 local authorities.

3. In this consultation, the Ministry of Housing, Communities and Local Government (MHCLG) is seeking views on the draft statutory guidance and the following draft statutory instruments:

• The Domestic Abuse Support (Relevant Accommodation) Regulations 2021
• Domestic Abuse (Local Authority Strategies) Regulations 2021

Background

Review of support within domestic abuse safe accommodation services

4. Government recognises the critical importance of safe accommodation and support for victims and their children as they rebuild their lives after the trauma of domestic abuse.

5. Following extensive engagement with domestic abuse sector partners, local authorities and others, and a public consultation, on 14 October 2019, government announced the intention to introduce new duties on local authorities in the Domestic Abuse Bill.

6. The Domestic Abuse Bill on its reintroduction to Parliament on 3 March 2020 included new duties on tier 1 local authorities relating to the provision support to victims of domestic abuse and their children residing in relevant safe accommodation.

The new duties and the Domestic Abuse Act as its legislative vehicle

7. The Domestic Abuse Act 2021, can be found at https://www.legislation.gov.uk/ukpga/2021/17/contents/enacted

8. Under the duties tier one local authorities will be required to convene a Domestic Abuse Local Partnership Board, assess the need for, prepare and publish strategies and commission support to victims of domestic abuse and their children within safe accommodation services in their areas, and report back to central government that they have met these obligations. Tier 2 district, borough and city councils and London boroughs will be required to co-operate with their tier 1 lead authorities, so far as is reasonably practicable.

The proposal

9. Under section 60 of Part 4 of the Domestic Abuse Act the Secretary of State is required to issue statutory guidance to assist local authorities in exercising their new functions, having consulted the Domestic Abuse Commissioner, local authorities and other such persons as considered appropriate. Local authorities will need to have regard to this guidance in exercising their functions.

10. The draft guidance gives further detail on the new provisions (detailing the legal obligations in the Act) as to how local authorities should fulfil all their duties/functions under Part 4 of the Domestic Abuse Act.

11. Part 4 also provides for the drafting of regulations to be made by the Secretary of State:

• Section 57(2): Power to specify description of “relevant accommodation”
• Section 57(9): Power to make regulations about preparation and publication of strategies
• Section 59(2): Power to make regulations about form and content of annual reports

12. In this consultation the government is seeking views on the draft statutory guidance and two of the draft regulations. The government is not seeking views on the regulations under section 59(2) as there is no requirement to consult on these regulations in the Act.

13. Through this paper we are seeking views on the following areas:

• The statutory guidance
• Annex A of the statutory guidance: recommended terms of reference for Local Domestic Abuse Partnership Boards
• Annex B of the statutory guidance: updated MHCLG quality standards
• The Domestic Abuse Support (Relevant Accommodation) Regulations 2021
• Domestic Abuse (Local Authority Strategies) Regulations 2021

The questionnaire

About you

Q1. Are you answering the consultation as?

a. An individual with personal interest

b. An individual as a member of an organisation

c. An Upper Tier Local Authority

d. A Lower Tier Local Authority

e. Other – please specify

Comments

Q2. From the list below, where are you or your organisation based?

a. London

b. South East

c. North West

d. East of England

e. West Midlands

f. South West

g. Yorkshire and the Humber

h. East Midlands

i. North East

j. National

Statutory guidance

14. The statutory guidance supports the new duties on relevant local authorities with the aim of ensuring all victims of domestic abuse have access to the right support within relevant safe accommodation.

15. The statutory guidance will accompany the Domestic Abuse Act and gives further details on the new provisions for all tier 1 and 2 local authorities in fulfilling their functions under Part 4.

Q3. Are you happy with the level of clarity and detail within the statutory guidance?

a. Yes

b. No

c. Comments

Q4. Are there any areas within the statutory guidance that need further clarification?

a. Yes

b. No

Q5. If yes, please specify which areas and what you would like to see clarified?

Comments

Q6. Are there any areas within the statutory guidance that you think it would be helpful to have more detail?

a. Yes

b. No

c. Comments

Q7. If yes, please specify where it would be helpful to have more detail.

Comments

Q8. Are there any areas missing from the statutory guidance that you think would be helpful to include?

a. Yes

b. No

c. Comments

Q9. If yes, please specify which areas are missing that you think it would be helpful to include in the guidance comments

Q10. (for local authorities) Do you agree that June is a reasonably practical time after the end of each financial year for the submission of annual reports to MHCLG?

a. Yes

b. No

Q11. If not, please specify what would be a reasonably practical time for the submission of annual reports to MHCLG.

Comments

Annex A: Recommended terms of reference for Local Domestic Abuse Partnership Boards

Tier 1 authorities must appoint a Local Partnership Board (Board) consisting of key local partners with an interest in tackling domestic abuse and supporting victims, including their children. To support local authorities in setting up these Board we have provided recommended terms of reference.

Q12. Do you agree with the recommended terms of reference for Local Domestic Abuse Partnership Boards?

a. Yes

b. No

Q13. Is there anything missing that you would like to see included?

Comments

Annex B: MHCLG quality standards

Q14. Do you agree with the updated MHCLG quality standards?

a. Yes

b. No

Q15. Is there anything missing that you would wish to see included?

Comments

Regulations

The Domestic Abuse Support (Relevant Accommodation) Regulations 2021.

The regulations provide a description of ‘relevant accommodation’. This description is intended to be broad based and recognise the wide diversity of safe accommodation that domestic abuse victims and their children may live in or choose to live in, including:

• Refuge accommodation
• Specialist safe accommodation
• Dispersed accommodation
• Sanctuary schemes
• move-on or second stage accommodation

The description covers accommodation provided by a local housing authority, a private registered provider of social housing or a registered charity whose objects include the provision of support to victims of domestic abuse, or accommodation which is part of a local authority sanctuary scheme.

Q16. Do you agree with the description of refuge accommodation as defined in the regulations?

a. Yes

b. No

c. Comments

Q17. Do you agree with the description of specialist safe accommodation as defined in the regulations?

a. Yes

b. No

c. Comments

Q18. Do you agree with the description of dispersed accommodation as defined in the regulations?

a. Yes

b. No

c. Comments

Q19. Do you agree with the description of sanctuary schemes as defined in the regulations?

a. Yes

b. No

c. Comments

Q20. Do you agree with the description of move-on or second stage accommodation as defined in the regulations?

a. Yes

b. No

c. Comments

Q21. Is there anything missing that you would wish to see included in the regulation?

Comments

Domestic Abuse (Local Authority Strategies) Regulations 2021

These regulations make provision about the preparation and publication of strategies under section 57 of the Act. The regulations make provision about the matters to which a relevant local authority must have regard to in preparing a strategy for example links/join up with other local authority functions such as Violence Against Women and Girls, how the strategy must be published, the date by which the first strategy should be published, the frequency with which a relevant local authority must review its strategy and the effect of their strategy on other local authority domestic abuse support.

Q22. Do you agree with the frequency of the publication of strategies?

a. Yes

b. No

c. Comments

Q23. Do you agree that the first strategy should be published by 31 October?

a. Yes

b. No

c. Comments

Q24. If not, please specify when it should be published

Comments

Q25. Is there anything missing that you would wish to see included in the regulation?

Comments

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, including personal data, may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Data Protection Act 2018 (DPA), the EU General Data Protection Regulation, and the Environmental Information Regulations 2004.

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 Freedom of Information Act 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 Ministry of Housing, Communities and Local Government will process your personal data in accordance with the law 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 the data protection legislation.

Note that this section only refers to your personal data (your name address and anything that could be used to identify you personally) not the content of your response to the consultation.

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

The Ministry of Housing, Communities and Local Government (MHCLG) is the data controller. The Data Protection Officer can be contacted at dataprotection@communities.gov.uk.

2. Why we are collecting your personal data

This consultation does not ask for personal data. Respondents should not submit any data relating to victims/perpetrators of domestic abuse in comments spaces, and if any is provided, it will be anonymised or disposed of by the department.

To the extent that any personal data (names, contact details or in the content of responses) is submitted in response to this consultation then MHCLG will apply the provisions in this privacy notice to comply with the data protection legislation.

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.

3. Our legal basis for processing your personal data

Article 6(1)(e) of the GDPR makes provision for MHCLG to process personal data where that is necessary for the performance of a task in the public interest. Section 8(d) of the DPA 2018 states that this includes processing that is necessary for the function of a government department.

4. With whom we will be sharing your personal data

MHCLG intends to share the findings of the consultation with all other government departments and the public. However, the information provided will be anonymised and we will not include any personal detail if submitted.

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

Any personal data will be held for two years from the closure of the consultation.

6. Your rights, e.g. access, rectification, erasure

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 all or some of your data deleted or corrected

d. 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 at https://ico.org.uk/, or telephone 0303 123 1113.

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.