Policy paper

Homelessness

Updated 3 January 2024

What do the measures do?

The Act will give those who are homeless as a result of domestic abuse priority need for accommodation secured by the local authority.

This will help to ensure victims do not remain with their abuser for fear of not having a roof over their head.

I can confirm that through the Domestic Abuse Act, the government will also be ensuring that victims of domestic violence get the ‘priority need’ status they need to access local housing services much more easily.

Rt Hon Robert Jenrick MP, Secretary of State for Housing, Communities and Local Government

How are we going to do it?

The Act will extend priority need to victims who are homeless as a result of domestic abuse and eligible for assistance. This will mean that councils will no longer need to consider if a victim is vulnerable as result of their abuse in order to access accommodation secured by the local authority.

Background

In May 2020, the Government announced its intent through the Domestic Abuse Bill to give those who are homeless as a result of being a victim of domestic abuse priority need for accommodation secured by the local authority.

Under current homelessness legislation, victims of domestic abuse who are not in priority need for another reason, for example because they are pregnant or have dependent children, must satisfy the vulnerability test by showing that they are more ‘vulnerable’ than the ordinary person as a result of domestic abuse in order to be identified as having a priority need. The priority need changes will mean that that consideration of vulnerability will no longer be required for homeless domestic abuse victims.

How much will this new duty cost local authorities, and will central Government cover the cost?

The Government will be providing additional funding to deliver the new duty.

A new burdens assessment will be carried out in consultation with local authorities to fully assess the cost of this new duty on local authorities.

Will it apply across the UK?

The provision will apply to all local authorities in England only.

Homelessness legislation is a devolved matter in Scotland, Wales and Northern Ireland.

What evidence will you require that someone is a victim of domestic abuse?

The Homelessness Code of Guidance sets out the types of evidence that may be appropriate, including that local authorities may seek information from health care professionals, social services or friends/relatives of the applicant.

However, the guidance is clear that local authorities must ensure their inquiries do not provoke further violence or abuse, and that they should not approach the alleged perpetrator. It also outlines that evidence from police or family members may not be obtainable and should not be a requirement for support from the authority. 

Will this mean that victims of domestic abuse get priority for a social housing tenancy?

Local authorities are responsible for devising allocation schemes for social housing within a national framework. This is unchanged.

In framing these criteria, local authorities must have regard to their duties under the equalities legislation and the requirement to give overall priority to people in the reasonable preference categories.

Local authorities must give ‘reasonable preference’ to all homeless people, regardless of priority need. This means that any household homeless as a result of domestic abuse should be given reasonable preference by the local authority.

If the victim is now in priority need, will the authority accommodate their children or other members of their household as well?

Where an individual has priority need, local authorities must provide accommodation which is suitable for the whole household under section 176 of the Housing Act 1996.

This means that any victim of domestic abuse and their children or other members of the household will be accommodated by the local authority.