Local authority support for victims of domestic abuse and their children within safe accommodation factsheet
Updated 3 January 2024
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What do the measures do?
The Act places a statutory duty on tier one local authorities relating to the provision of support to victims of domestic abuse and their children residing within refuges and other safe accommodation.
How are we going to do it?
The Act places a statutory framework for the delivery of support to victims of domestic abuse and their children in safe accommodation and provides clarity over governance and accountability:
Place a duty on each tier one local authority in England (county and unitary councils (other than London Boroughs), the Greater London Authority and the Isles of Scilly Council) to:
- Appoint a multi-agency Domestic Abuse Local Partnership Board which it will consult as it performs certain specified functions.
- Assess the need for accommodation-based domestic abuse support in their area for all victims or their children, including those who come from outside the area.
- Develop and publish a strategy for the provision of such support to cover their locality, having regard to the needs assessment.
- Give effect to the strategy (through commissioning / de-commissioning decisions).
- Monitor and evaluate the effectiveness of the strategy.
- Report back to central government.
- Require tier two councils (district or borough councils, and London Boroughs) to co-operate with the lead local authority, so far as is reasonably practicable.
- Require the Secretary of State to produce statutory guidance, having consulted the Domestic Abuse Commissioner, local authorities and such as other persons as considered appropriate.
- Require local authorities to have regard to the statutory guidance in exercising their functions.
Background
- MHCLG plays a critical role in cross-Government work to tackle domestic abuse and other forms of violence against women and girls (VAWG).
- For victims of domestic abuse and their children, refuges and other forms of safe accommodation provide vital support.
- In March 2019, MHCLG reviewed the funding and commissioning of support for victims of domestic abuse and their children residing in refuges and other safe accommodation in England, and in May 2019 consulted on proposals for the future delivery of such support. This included a new legal duty on local authorities to assess the need for and commission support for victims and their children within safe accommodation.
- There was strong agreement to the proposals to introduce a new duty on local authorities.
- The consultation closed 2 August 2019 and the responses were carefully considered and a Government response was published on 14 October 2019.
- The proposals set out in the consultation aimed to address the inconsistent approach to the commissioning and delivery of support within safe accommodation. Through these provisions, we want to ensure that all victims of domestic abuse can access the right support within safe accommodation when they need it.
What types of safe accommodation will be covered by the new duty?
We propose to maintain a broad definition of safe accommodation in recognition of the diversity of housing in which victims and their children may live.
The new duty will cover the provision of support to victims and their children residing in some/all of the following (subject to consultation):
- refuge accommodation;
- specialist safe accommodation;
- dispersed accommodation;
- sanctuary schemes; and
- move-on or second stage accommodation.
What types of domestic abuse support will be provided through the new duty?
Domestic abuse support will include:
- Advocacy support – development of personal safety plans, liaison with other services (for example, GPs and social workers, welfare benefit providers);
- Domestic abuse-prevention advice – support to assist victims to recognise the signs of abusive relationships, to help them remain safe (including online) and to prevent re-victimisation;
- Specialist support for victims with relevant protected characteristics and / or complex needs, for example, interpreters, faith services, mental health advice and support, drug and alcohol advice and support, and immigration advice;
- Children’s support – including play therapy and child advocacy;
- Housing-related support – providing housing-related advice and support, for example, securing a permanent home and advice on how to live safely and independently; and
- Counselling and therapy for both adults and children.
Who will be represented on the Domestic Abuse Local Partnership Boards?
The makeup of Local Partnership Boards may vary across local authority areas, but they are expected to include a broad range of representative partners.
As a minimum, the Boards will include persons representing local authorities, victims and their children, domestic abuse charities or voluntary organisations, health care providers and the police or other criminal justice agencies.
What funding will there be for local authorities to deliver the duty?
£125 million New Burdens funding has been allocated to local authorities, to cover the costs of the new duty to provide support in safe accommodation for 2021-22.
What about future years?
In the spirit of the New Burdens Doctrine, the new duty will be funded in future years.
The amount of funding from April 2022 will be a matter for a next Spending Review.
Is the funding ringfenced?
The funding has been issued as a non-ringfenced Section 31 Grant to local authorities.
Once the duty comes into force, local authorities will be under a legal obligation to provide vital support within safe accommodation to meet the needs in their areas, and report back to central Government that they have meet these obligations.
Will it apply across the UK?
The new duty will apply to local authorities in England.
Support for victims of domestic abuse by local authorities is a devolved matter in Scotland, Wales and Northern Ireland.
How will you monitor the implementation of the new duty on local authorities?
Local authorities will have a duty to submit annual reports to central Government.
A ministerial-led National Expert Steering Group will be established to monitor and evaluate delivery of the new duty.
The National Expert Steering Group will include representatives from local government, Police and Crime Commissioners, health bodies, specialist domestic abuse service providers and housing associations. The Domestic Abuse Commissioner will also be a member.
When will the new duty take effect?
The MHCLG Statutory Guidance and Regulations consultation process will follow Royal Assent.
It is expected that the consultation period will be six weeks long, followed by a six-week analysis process. We will then need to follow the Parliamentary procedure for the laying of regulations.
Our expectation is that the duty will come into effect in early September.
To ensure there are no gaps in provision we have already allocated funding to local authorities and have requested that they begin work from April 1.
Key Facts
Number of local authorities who received funding for accommodation-based support services from the MHCLG Funds since 2014
| Funding | Period | Local Areas |
|---|---|---|
| £10m | 2014-15 | 148 |
| £3.5m | 2015-16 | 66 |
| £20m | 2016-18 | 258 |
| £22m | 2018-20 | 254 |
| £16.6m | 2020-21 | 233 |