Domestic abuse victims being let down by councils using “outdated” and “too narrow” definition of abuse, Ombudsman warns

The Local Government and Social Care Ombudsman has urged councils to ensure they are looking at people’s cases through the lens of the Domestic Abuse Act 2021, after finding that victims of domestic abuse are sometimes being let down by councils using an “outdated” and “too narrow” definition of what abuse means.

The Domestic Abuse Act 2021 introduced a statutory definition of domestic abuse, and amended the definition of priority need for homelessness, to include people homeless because of domestic abuse.

However, the watchdog warned it has seen cases where councils have failed to recognise the abuse people have suffered because it was not physical.

The Ombudsman said: “In other cases councils have not accepted homelessness applications from people escaping abuse in a different area because of overly strict applications of a local connection criteria.”

Other common issues highlighted by the watchdog include councils not applying the right test to see if a person is homeless, or not providing interim accommodation despite the low threshold being met of a “reason to believe” someone is homeless because of domestic abuse.

The Ombudsman’s new good practice guide - aimed at improving councils’ awareness of their duties to victims when providing housing and homelessness support - includes the following key learning points for councils:

• Use the right definitions of domestic abuse and priority need.
• Properly consider the legal tests and accept the relief duty where domestic abuse means accommodation is not reasonable for the applicant to continue to occupy.
• Provide interim accommodation as soon as the low “reason to believe” threshold is met. Do not wait to be “satisfied” an applicant is homeless before providing interim accommodation.
• Keep suitability of interim and temporary accommodation under review and act promptly if the applicant is at risk.
• Avoid making the applicant repeat their story – keep sufficiently detailed records of communication with the applicant and minimise the number of times they must repeat their story.
• Identify applications for social housing which trigger homelessness duties.
• Consider the council’s discretion and update allocations policies.

Amerdeep Somal, Local Government and Social Care Ombudsman, said: “People who have been subject to domestic abuse are some of the most vulnerable people in society – often escaping out of their area for fear of being pursued by their perpetrators – and often need a significant amount of support and understanding from the councils they approach for help.

“Councils need to make sure they are carrying out their duties to victims properly, regardless of the type of abuse they have suffered. Denying people’s experience can undermine their trust in the council at a time when they most need advice and support.

“By drawing on these real life experiences of domestic abuse in relation to housing decisions, we hope councils will digest our advice and check whether their own services could be improved.”

Lottie Winson