Domestic abuse support in safe accommodation statutory guidance and regulations: consultation response
Updated 1 October 2021
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This publication is available at https://www.gov.uk/government/consultations/domestic-abuse-support-within-safe-accommodation-statutory-guidance-and-regulations-consultation/outcome/domestic-abuse-support-in-safe-accommodation-statutory-guidance-and-regulations-consultation-response
1. Introduction
Domestic abuse is a heinous crime and this government is committed to ensuring victims and survivors get the support they need to rebuild their lives. This includes the provision of sufficient safe accommodation with the right specialist support to ensure those fleeing from devastating abuse have somewhere safe to go, including those from minority groups.
On 29 April the Domestic Abuse Act 2021 received Royal Assent, including new duties relating to the provision of accommodation-based support to victims and their children. Part 4 (sections 57-61) of the Act places requirements on tier one authorities (county councils, metropolitan and unitary authorities, and the Greater London Authority) across England to appoint a local partnership board, prepare and publish strategies based on robust needs assessments and give effect to these strategies (amongst other things).
It also places a duty on tier two authorities (District, and London Borough Councils) to cooperate, as far as reasonably practicable, with their relevant tier one authority for the purposes of its domestic abuse support functions.
The duties set out in Part 4 came into force on 1 October 2021. To accompany the new duties the government has issued statutory guidance and introduced Regulations[footnote 1] which are relevant to both tier one and tier two local authorities.
2. Executive Summary
On 15 June Department for Levelling Up, Housing and Communities (DLUHC) launched a 6-week consultation on the domestic abuse support in safe accommodation statutory guidance and regulations, which closed on 27 July 2021.
The consultation sought views on the draft statutory guidance and draft Statutory Instruments: The Domestic Abuse Support (Relevant Accommodation) Regulations 2021 and Domestic Abuse (Local Authority Strategies) Regulations 2021.
Who has responded
Through this consultation, we wanted to hear from local authorities, domestic abuse sector bodies, the Domestic Abuse Commissioner, and others with an interest.
All responses to the consultation have been carefully considered and are reflected in the government’s response. The most common themes raised by respondents have been reflected in the summary data and relevant statistics set out below.
There were also a small number of responses which were received via the dedicated mailbox but which did not follow the questions or sections set out in the consultation document or online questionnaire, and which, as a result, could not be attributed to specific questions. These responses are therefore not reflected in the summary data. However they have all been considered as part of the response.
Unless stated otherwise, the figures set out in this document represent the number of responses received for each of the questions, and not the number of responses received to the consultation overall.
Engagement
The consultation received 133 responses.
| Type of respondent | No. of respondents |
|---|---|
| An individual with a personal interest | 3 |
| An individual on behalf of an organisation | 55 |
| A tier one local authority (tier one) | 39 |
| A tier two local authority (tier two) | 20 |
| Other | 13 |
| Not Identified | 3 |
| Region | No. of respondents |
|---|---|
| London | 20 |
| South East | 18 |
| North West | 14 |
| East of England | 13 |
| West Midlands | 7 |
| South West | 11 |
| Yorkshire and Humber | 14 |
| East Midlands | 12 |
| North East | 8 |
| National | 13 |
| Not identified | 3 |
Main findings
Responses to the consultation were detailed and reflected the experience of those responding. Overall, the comments received indicated agreement with the intended aims of the proposed guidance and regulations.
Responses to questions about the statutory guidance focussed on the need for protection for smaller and specialist services which some respondents felt were not specifically recognised in the guidance, requests for clarification of the definitions of safe accommodation and support, and requests for recognition of the gendered nature of domestic abuse.
The proposed model Terms of Reference for Domestic Abuse Local Partnership Boards were broadly welcomed. Some respondents felt that the needs of certain groups of victims should be specifically referred to in the Terms of Reference, and others were concerned about the potential for conflicts of interest for members. Membership of the board was mentioned by a small number of respondents including suggestions that the membership be used to increase the co-operation of various bodies.
The majority of respondents supported the DLUHC quality standards. Responses to the question on DLUHC quality standards concentrated on the issue of monitoring and enforcement: the need to ensure that delivery of support meets recognised quality standards and that action is taken where it does not do so.
The majority of responses to the questions on the Domestic Abuse Support (Relevant Accommodation) Regulations were content with the definitions set out. However some respondents were concerned to clarify that accommodation should be single sex and/or gender, requests that certain types of accommodation should be exempt from legislation controlling houses of multiple occupation, requests that the level of support to be provided in accommodation should be clearly set out, and requests for clarity on the definition of emergency accommodation and suggestions of how to improve the regulations to ensure the descriptions of safe accommodation match the way services currently operate.
The majority of respondents agreed with the provisions of the Domestic Abuse (Local Authority Strategies) Regulations. However some respondents were concerned that the date for publication of first strategies did not allow sufficient time for full local public consultation.
Next steps
Changes were made to the regulations and the guidance in response to the consultation, as detailed in this response.
The Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021 and The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021 were laid before Parliament on 9 September 2021, coming into force on 1 October 2021. Statutory guidance on the delivery of support to victims of domestic abuse in domestic abuse safe accommodation is published alongside this response.
Local authorities must have regard to the statutory guidance as they deliver the duties set out in Part 4 of the Domestic Abuse Act.
3. Consultation outcomes
3.1 Statutory guidance
“We asked…”
Q3. Are you happy with the level of clarity and detail within the statutory guidance?
Q4. Are there any areas within the statutory guidance that need further clarification?
Q5. If yes, please specify which areas and what you would like to see clarified.
“You said …”
Of 128 respondents who answered the question 47% were happy with the level of clarity and detail in the guidance.
A number of comments received related to the need to protect smaller and specialist services, with some expressing concern that the guidance did not adequately protect specialist ‘by and for’ services.
the need for more clarity to address the long-standing challenges that specialist women’s refuge services, those led ‘by and for’ Black and minoritised women and those supporting marginalised communities (in particular women with complex mental health or substance addiction or dependancy) continue to face in the funding and commissioning landscape.
An individual as a member of an organisation
Other respondents stated that the guidance should recognise the gendered nature of domestic abuse and there were requests to clarify the status of safe accommodation as single sex and/or single gender:
Domestic abuse is both a cause and consequence of gender inequality, with women disproportionately the victims.
An individual as a member of an organisation
it should be made clear that refuge accommodation, specialist safe accommodation, dispersed accommodation and move-on/second-stage accommodation should always be single sex.
An individual as a member of an organisation
There were requests to clarify the definition of safe accommodation.
The guidance would benefit from providing greater clarity around the terminology of Safe Accommodation and Relevant Accommodation.
A tier two local authority
Further clarification needs to be made around what constitutes safe accommodation and how support is joined up across all types of provision.
A tier two local authority
Some respondents were concerned that the definition of refuge did not allow for refuges to include self-contained flats.
I think the definitions of refuge and of dispersed accommodation need to be reviewed - as it currently implies that refuges are communal whereas we have both communal provision and separate flats.
An individual as a member of an organisation
A number of respondents expressed concern that the wording did not recognise children as victims in their own right., Others referred to the absence of a reference to the Children’s Act 2004.
This guidance must align with the legal acknowledgment of children as victims in their own right in the Domestic Abuse Act 2021.
An individual as a member of an organisation
Some respondents were concerned that the guidance did not specifically mention issues of intersectional disadvantage experienced by victims.
We also have wider concerns about the statutory duty guidance that include: Gender neutrality and the lack of an intersectional approach which discriminates against minoritised and marginalised women.
An individual as a member of an organisation
Some respondents mentioned the absence of a reference to the Violence against Women and Girls Commissioning Toolkit available to Local Authorities to inform their commissioning decisions.
We therefore strongly suggest that the guidance includes the following: Require local authorities to follow best practice in funding and commissioning, as outlined in existing government guidance such as the Home Office VAWG Commissioning Toolkit”
An individual as a member of an organisation
We received requests that certain types of accommodation should be exempt from legislation controlling houses of multiple occupation.
“We have …”
We have amended section A1.3 of the guidance to include a reminder that domestic abuse can affect anyone. However, more women than men experience domestic abuse, and more women are killed as a result. We have highlighted that types of abuse can differ in their nature and impact. We have also asked local authorities to familiarise themselves with the different forms of domestic abuse as set out in the draft Home Office Statutory Guidance Framework for the Act.
We have strengthened our wording throughout the guidance to ensure ‘by and for’ services are recognised, including reminding local authorities of their duties under the Equality Act 2010 (Public Sector Equality Duty) and Public Services (Social Value) Act 2012 and setting out our expectation that such services should be adequately represented on local partnership boards.
The descriptions of relevant safe accommodation in the Guidance have been changed to set out that any shared accommodation types should be either single gender or single sex. We are aware that some services are willing and able to support transgender victims and it is not intended that they be prevented from doing so.
The guidance includes a reference to Schedule 3 of the Equality Act 2010 which gives services the right to refuse accommodation in certain circumstances on the grounds of sex or gender reassignment, if proportionate to achieving a legitimate aim.
In response to the concern that the definitions of safe accommodation needed clarifying we have made changes to the descriptions of each type of accommodation at the relevant places in the guidance – including clarifying that refuges may include self-contained provision, and that the address of a refuge should not be publicly available.
In recognition of concerns relating to children as victims in their own right we have added to the Guidance so that it is clear that the vast majority of children residing in safe accommodation will be victims of domestic abuse in their own right, in line with the definition in the Domestic Abuse Act. We have also added an explanation that Part 4 of the Act and the guidance use the words ‘victims and their children’ to ensure support is provided to any child staying with a victim in safe accommodation, including in rare situations where the child does not fall within that definition. We have also now included a reference to the Children Act 2004.
In relation to comments that the guidance does not recognise issues of intersectional disadvantage we have added a reminder that tier one authorities should consider the nature of intersecting disadvantage when assessing needs and developing and giving effect to strategies. We have included a reference to further information contained in the Home Office statutory guidance to the 2021 Act (currently in draft form).
We noted respondents’ concerns that the Violence against Women and Girls commissioning toolkit was not referred to in the guidance and have now included a reminder that commissioning authorities will wish to refer to the toolkit.
Legislation regulating houses of Multiple Occupation is in place to protect the safety of occupants and it would not be appropriate to make changes to such safety legislation when this was not the subject of this consultation.
“We asked…”
Q6. Are there any areas within the statutory guidance that you think it would be helpful to have more detail?
Q7. If yes, please specify where it would be helpful to have more detail.
Q8. Are there any areas missing from the statutory guidance that you think it would be helpful to include?
Q9. If yes, please specify which areas are missing that you think it would be helpful to include in the guidance.
“You said …”
69% of respondents said there were areas of the guidance where it would be helpful to have more detail, and 57% said there were areas missing which it would be helpful to include in the guidance. The majority of these related to questions 3 to 5, above, and are dealt with there.
Some comments requested clarity over the responsibilities of the various bodies involved in meeting the duty with some tier two authorities wanted more clarity on how authorities should work together.
It would be beneficial for the guidance to include more information on the relationship between tier one and two authorities in delivering the new duties.
A tier two local authority
“We have …”
To clarify the roles of tier one and tier two local authorities we have added the expectation that commissioning authorities and local housing authorities should work together closely to ensure that duties owed to victims of domestic abuse covered under other Acts, such as temporary accommodation provided under Part 7 of the Housing Act 1996, continue to be met alongside this duty.
We have also reiterated the need for local authorities to work with neighbouring areas to share data to understand need and ensure consistent support, particularly for victims who may move areas. We have been clearer that several tier one authorities may deliver their duties jointly, creating a Pan area approach.
“We asked…”
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 DLUHC?
Q11. If not, please specify what would be a reasonably practical time for the submission of annual reports to DLUHC.
“You said …”
67% of local authority respondents agreed that the end of June is a reasonably practical time for the submission of annual reports to DLUHC, 33% disagreed (just over half of those - 15% of the total - suggested July, with others suggesting a range of other dates).
“We have …”
After consideration of the responses we have made no changes to this section of the guidance. These reports will be asking for information to the end of the previous financial year. We will provide local authorities with the form to complete with plenty of notice.
3.2. The Local Partnership Board - recommended Terms of Reference for Local Domestic Abuse Partnership Boards
“We asked…”
Q12. Do you agree with the recommended terms of reference for Domestic Abuse Local Partnership Boards?
“You said …”
Of 123 respondents who answered this question 65% agreed with the recommended terms of reference.
… It’s good that we have flexibility to add to the recommended terms of reference to allow for local flexibility.
A tier one local authority
“We asked…”
Q13. Is there anything missing that you would like to see included?
25 respondents felt that the needs of marginalised victims and victims with protected characteristics should be specifically referred to in the terms of reference.
In roles and responsibilities for the Board, we recommend the following inclusion: ensuring that the needs of marginalised victims and victims with protected characteristics are represented and met through the strategy.
An individual as a member of an organisation
The potential for a conflict of interest for members of the Board was raised by 6 respondents.
It would be helpful for the terms of reference to include provision for distinctive treatment of Board members representing provider organisations, given the potential conflict of interest where commissioning decisions are considered.
A tier one local authority
Membership of the Board was addressed by the majority of respondents with 11 suggestions that the membership be used to encourage a more ‘joined up’ response from the Board.
We recommend that the following paragraph setting out areas for joined up working be amended to include “alcohol and drug treatment services”: [Members will] support in ensuring join up across other related areas such as housing, health, early years and childhood support, social services and police and crime services [not limited to]
An individual as a member of an organisation.
There was a suggestion that a complaints and dispute resolution strategy should be included.
Given the multiple and potentially conflicting requirements of each local tier two authority it would be helpful to have a process for complaints and dispute resolution within the terms of reference.
A tier two local authority
“We have …”
We have now made changes to the recommended terms of reference at Annex A of the statutory guidance, including:
We have amended the ‘Membership’ list to include specialist by and for services and additional representatives as the Board sees fit. We have also added representative(s) for policing or criminal justice which had been omitted from the model Terms of Reference in an oversight. We have added a note to confirm that the chair / vice chair does not have to be a representative from the tier one authority.
We have clarified our expectation that needs of all victims, including those with protected characteristics and / or additional complex needs, are represented and met.
The guidance already sets out the need for local authorities to consider any conflict of interest of board members, particular in relation to commissioning decisions. We have reiterated this in the Terms of Reference. We have also added the need for tier one authorities to agree and set out a clear escalation process, with the Board, which members and other local organisations can utilise to raise concerns in regard to the implementation of the duty.
3.3 DLUHC Quality Standards
“We asked…”
Q14. Do you agree with the updated DLUHC Quality Standards? Q15. Is there anything missing that you would wish to see included?
“You said …”
84 (63.%) of the 116 respondents to this question agreed with the updated Quality Standards. Of the 24% respondents who did not agree (13% of respondents did not answer this question) all were concerned about the way in which the quality standards are monitored or assessed. A large number of these respondents also referred to the risks of accommodation being provided by non-specialist, ‘exempt’[footnote 2] providers.
organisations delivering support to women and children should be specialist domestic abuse services, using the definition in Article 22 of the Istanbul Convention – i.e., by women’s organisations with staff who have an in-depth knowledge of gender based violence. It should also clarify that dedicated services for Black and minoritised women survivors are led ‘by and for’ Black and minoritised women.
An individual as a member of an organisation
We would like the guidance to include more information on how these quality standards will be measured and evaluated. We would like to see more information about the management of the quality standards and how regular monitoring will be completed. We would like more clarity on specifically what will be monitored, and who is responsible for maintaining the quality standards in a region.
Other
“We have …”
The draft guidance was already clear that support provided under these duties should be delivered by knowledgeable and/or experienced specialist providers, charities, and other voluntary organisations whose purpose is to provide support to victims of domestic abuse, and that the support should meet recognised quality standards. We have amended the wording in section B5.17, (Giving Effect to Strategies), to state that where delivery of commissioned support does not meet agreed and recognised quality standards, local authorities should take action to ensure commissioned services do align with these. We have also expanded the list of recognised quality standards to include the Male Domestic Abuse Network Service Standards, and DAHA Accreditation Framework for Housing Providers as well as DLUHC’s quality standards, the Women’s Aid national quality standards, and Imkaan accredited quality standards.
We recognise the concerns raised by some respondents in relation to the quality of support provided to victims living in some non-commissioned domestic abuse safe accommodation. Where services are not commissioned by local authorities under the Part 4 duties, they will be outside of the scope of this guidance. However, over the last year DLUHC has been working with a number of pilot local authorities to test innovative approaches to drive up standards and improve quality in non-commissioned supported housing provision. The lessons learned will inform national policy in this area. ###3.4 The Domestic Abuse Support (Relevant Accommodation) Regulations 2021[footnote 3]
Amendments have been made to the descriptions of relevant safe accommodation in the guidance to deal with many comments given by respondents to questions in this section. Those changes have been set out in Section 3.1 above.
“We asked…”
Q16. Do you agree with the description of refuge accommodation as defined in the regulations?
“You Said …”
Of the 122 respondents who answered this question 67% agreed with the description of refuge accommodation as defined in the regulations.
All definitions are satisfactory, especially when read in conjunction with the statutory guidance. Precise definitions of this sort will help eliminate the use of unsuitable accommodation such as bed and breakfast accommodation to house victims of domestic abuse.
Other
Comments were received about the definition of refuge accommodation in the regulations centred on the request that refuge accommodation should be defined as single gender or single sex.
In defining refuge accommodation, the need for separate or single-sex services – within the meaning given in Part 7, Schedule 3 of the Equality Act - must be made clear.
An individual as a member of an organisation
Concerns were also raised about the risks of accommodation being provided by non-specialist, ‘exempt’[footnote 4] providers.
It is essential that unsafe exempt accommodation providers, which do not deliver the holistic package of wrap around support, will not be permitted to provide ‘refuges’ for survivors.
An individual as a member of an organisation
“We have …”
No changes have been made to the definition of refuge accommodation in regulations, However we have amended the guidance to set out that any shared accommodation types should be either single gender or single sex. We are aware that some services are willing and able to support transgender victims and it is not intended that they be prevented from doing so. The guidance includes a reference to Schedule 3 of the Equality Act 2010 which gives services the right to refuse accommodation in certain circumstances on the grounds of sex or gender reassignment, if proportionate to achieving a legitimate aim.
We recognise the concerns raised by some respondents in relation to the quality of support provided to victims living in some non-commissioned domestic abuse safe accommodation. Where services are not commissioned by local authorities under the Part 4 duties, they will be outside of the scope of this guidance. However, over the last year DLUHC has been working with a number of pilot local authorities to test innovative approaches to drive up standards and improve quality in non-commissioned supported housing provision. The lessons learned will inform national policy in this area.
“We asked…”
Q17. Do you agree with the description of specialist safe accommodation as defined in the regulations?
“You said …”
Of the 123 respondents who answered this question 87% agreed with the description of specialist safe accommodation as set out in the draft regulations.
One respondent commented:
We suggest that the phrase “…who share a vulnerability …” is replaced by “…who share one or more vulnerabilities …”.
A tier two local authority
A number of respondents repeated comments made in response to earlier questions that all accommodation should be single sex, and not just specialist safe accommodation:
This definition remains unclear and confusing. It reads as though only specialist safe accommodation, and not the other types of accommodation defined, may provide ‘single gender’ accommodation – when it should be made clear that refuge accommodation, specialist safe accommodation, dispersed accommodation and move-on/second-stage accommodation should always be single sex
An individual as a member of an organisation
“We have …”
Amended the definition of specialist safe accommodation in the regulations to reflect comments over precision and clarity. We have replaced:
‘accommodation which provides dedicated specialist domestic abuse support to victims of domestic abuse with protected characteristics under the Equality Act 2010 or who share a vulnerability requiring additional support’
with
‘accommodation which provides dedicated specialist domestic abuse support to victims of domestic abuse who share relevant protected characteristics under the Equality Act 2010 or who share one or more vulnerabilities requiring additional support’.
We have amended the guidance to set out that all accommodation types should be either single gender or single sex. We are aware that some services are willing and able to support transgender victims and it is not intended that they be prevented from doing so. The guidance includes a reference to Schedule 3 of the Equality Act 2010 which gives services the right to refuse accommodation in certain circumstances on the grounds of sex or gender reassignment, if proportionate to achieving a legitimate aim.
“We asked…”
Q18. Do you agree with the description of dispersed accommodation as defined in the regulations?
“You said …”
59% of respondents agreed with the description of dispersed accommodation as defined in the regulations. Comments received in response to this question included the request that accommodation should be single gender or single sex. Other respondents stated that it should not be a requirement to provide intensive support in dispersed accommodation.
Definition in itself is ok but take out the reference to “intensive “ support. Otherwise creating a two tier model of safe accommodation which cannot be easily met or is appropriate to the demographic/needs of victims.
A tier one local authority
Other respondents commented on details such as the right locations for dispersed accommodation, which organisations should manage the support, or the level of need for this in different parts of the country.
However mindfulness of location and size of property eg Hate Crime hot spots exposing victims to further abuse, racism and potential harm.
An individual as a member of an organisation
Some respondents referred to the need for some victims to stay in their own homes. Some respondents asked for help in assessing what level of support and accommodation is required for each victim.
“We have …”
No changes have been made to the definition of dispersed accommodation in regulations.
We have amended the guidance to clarify that where two or more units of dispersed accommodation share any part of the accommodation, such as shared access routes, then these units should be single sex or single gender. We have clarified in the guidance that dispersed accommodation with less intensive support is permissible (under the definition of ‘other accommodation’ in the regulations).
We have not addressed comments relating to the correct locations, which organisations should run dispersed accommodation in the guidance, or the level of local need, as these are matters best addressed at a local level; local authorities will put together their strategies for safe accommodation based on local need and commission services in consultation with their domestic abuse local partnership board.
It is possible for victims to stay in their own homes as part of a sanctuary scheme, and so no change was needed to the definition of dispersed accommodation.
We have amended the guidance to include more information about how to assess the risks facing each victim.
“We asked…”
Q19. Do you agree with the description of sanctuary schemes as defined in the regulations?
“You said …”
57% of respondents agreed with the description of sanctuary schemes as defined in the regulations. A number of comments received in relation to this question related to the funding of ‘target hardening’ (the provision of physical security features):
can we allocate resources from the allocated statutory duty monies to pay for target hardening
Other
The provision of Sanctuary Schemes as safe accommodation is reliant on additional funding which limits the offer, as the guidance only covers the support element and not the practical costs relating to the schemes.
A tier one local authority
Some respondents felt that the definition should be changed to recognise the fact that Sanctuary Schemes can be set up for victims who own their own homes.
Some respondents commented that the guidance should explicitly state that Sanctuary Schemes should be delivered alongside specialist support:
We request clarification that sanctuary schemes need to be delivered alongside specialist support - such as outreach or floating support. It is a tool used by those services and is not a form of safe accommodation or in any way an alternative to refuge
An individual as a member of an organisation
“We have…”
This duty and the associated funding is for support services and cannot be spent on home adaptations. Local Authorities will wish to discuss with their Local Police and Crime Commissioners how best to fund target hardening, should it be decided that Sanctuary Schemes are one of the options they will offer to meet their local need.
We have amended the definition of a Sanctuary Scheme in regulations to ensure the wording does not exclude victims who own their own home. We have also expanded the definition to include schemes run by private registered providers of social housing, to address the point that Sanctuary Schemes are not just provided by local authorities.
As the duty created under the Domestic Abuse Act is to provide support, the provision of a Sanctuary Scheme would not meet the requirements of the Act without the provision of support.
“We asked…”
Q20. Do you agree with the description of move-on or second stage accommodation as defined in the regulations?
“You Said …”
65% of those who responded to this question agreed with the description of move-on or second stage accommodation as defined in the regulations, although some respondents felt that the wording was inconsistent.
For consistency, you refer to “move on or second stage accommodation” but the regulations only state “second stage accommodation” - therefore, some consistency with the wording would be appreciated
A tier one local authority
“We have …”
We recognise that there was an inconsistency between the guidance and the Regulations and the definition in the guidance has now been amended to refer only to second stage accommodation.
“We asked…”
Q21. Is there anything missing that you would wish to see included in the regulation?
“You said …”
66 respondents made comments in response to this question including requests to clarify that accommodation should be single sex and/or gender, requests that certain types of accommodation should be exempt from legislation controlling houses of multiple occupation. We also received a number of requests for clarity on the definition of emergency accommodation and requests that this should be clearly tied to support.
“I think there could be greater information provided about appropriate emergency accommodation to safeguard against unsuitable commissioning.”
An individual as a member of an organisation
“We have …”
Amended the guidance to set out that all accommodation types should be either single gender or single sex. We are aware that some services are willing and able to support transgender victims and it is not intended that they be prevented from doing so. The guidance includes a reference to Schedule 3 of the Equality Act 2010 which gives services the right to refuse accommodation in certain circumstances on the grounds of sex or gender reassignment, if proportionate to achieving a legitimate aim.
Legislation regulating houses of Multiple Occupation is in place to protect the safety of occupants and it would not be appropriate to make changes to such safety legislation when this was not the subject of this consultation.
We have amended the definition of ‘other forms of domestic abuse emergency accommodation’ in the statutory guidance to state that domestic abuse support is ‘tied to the accommodation’. A clearer example has been provided
3.5 The Domestic Abuse (Local Authority Strategies) Regulations 2021[footnote 5]
“We asked…”
Q22. Do you agree with the frequency of the publication of strategies?
Q23. Do you agree that the first strategy should be published by 31 October 2021?
Q24. If not, please specify when it should be published.
“You said …”
118 respondents, 89%, were happy with the frequency of publication and 67% of respondents agreed that the first strategy should be published by 31 October 2021. Those who did not agree referred to delays in carrying out Needs Assessments, the time required for seeking approval for strategies internally, and that longer is required for full local consultation. A minority suggested alternative publication dates ranging from December 2021 to early 2022.
To make the needs assessment and strategy more meaningful further time is required and this could be achieved by the end of December 2021.
A tier two local authority
The end of the year should be more achievable. more time would mean a more evidence-based approach to developing the strategy
A tier two local authority
“We have …”
The deadline for publication of first strategies has been extended to before 5 January 2022, to allow for full local consultation, but local authorities are required to ensure that draft strategies will be published by 26 October 2021, 10 weeks ahead of the final publication date. This new timetable is provided for in the final regulations.
“We asked…”
Q25. Is there anything missing that you would wish to see included in the Regulation?
“You Said …”
In addition to repeating comments made in response to Question 21, above, a number of respondents asked for consideration of funding for victims with no recourse to public funds.
More guidance on statutory duty for victims with no recourse to public funds.
A tier one local authority
Several respondents raised the issue of interventions for perpetrators.
Within the regulations there is no provision for support to perpetrators of domestic abuse nor any reference to rehabilitation schemes. We feel this is a missed opportunity and await the publication of the planned perpetrator strategy in the following months.
An individual as a member of an organisation
“We have …”
Comments made in duplicate in various places in the consultation have been dealt with in their relevant sections.
We have added a reference to the Home Office Support for Migrant Victims scheme which has been launched to address this issue. We have also added a request to local authorities to refer to the draft Home Office Domestic Abuse Act statutory guidance, which contains more information on support for migrant victims.
Interventions and programmes aimed at perpetrators are not included in the requirements of Part 4 of the Domestic Abuse Act however more information on the government’s approach to tackling perpetrators is set out in the recent Tackling violence against women and girls strategy.
http://www.legislation.gov.uk/id/uksi/2021/991
Laid before Parliament as The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021. The name of this legislation was amended to reflect its combination with housing benefit and universal credit regulations relating to Domestic Abuse Sanctuary Schemes.
Laid before Parliament as The Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021. Regulations in regard to Annual reporting did not require consultation.