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Domestic abuse and homelessness are closely linked, and many survivors have to approach a local authority at a time of crisis. Yet the process is often confusing, and misunderstandings about the law can mean people do not obtain the help they are entitled to.
Local Authority Duties Under the 2021 Act
Domestic abuse continues to be one of the reasons people become homeless in England. Since the Domestic Abuse Act 2021 came in, anyone who is homeless because of domestic abuse is treated as being automatically in priority need when they approach a local authority for assistance under the Housing Act 1996. This change was important, as it removed the old requirement to prove vulnerability, which often left survivors without support.
Practical Challenges and Solutions
Common Barriers at First Approach
Despite this, many people still run into problems when they first approach a local authority. We regularly see situations where someone is told they should return to unsafe accommodation, or that they must stay with friends or relatives, or that certain documents are needed before an application can be accepted. None of this is required by law. A homelessness application should be accepted as soon as the local authority has reason to believe the person may be homeless or at risk of homelessness.
Interim Accommodation Requirements
Once an application is accepted, survivors should be offered suitable interim accommodation if the local authority has reason to believe they are homeless, eligible and in priority need due to domestic abuse. In most cases, placing someone back near the perpetrator will not be appropriate unless the survivor clearly chooses to remain in the area.
What Counts as Domestic Abuse?
It is also worth remembering that domestic abuse does not have to be physical. The statutory definition includes controlling or coercive behaviour, emotional abuse, economic abuse and threats of violence. Many applicants do not realise that these forms of abuse are treated just as seriously when a local authority assesses their situation.
The Importance of Early Advice
Early advice can make a real difference. Clear written representations often help ensure the local authority looks at the risks properly, arranges safe interim accommodation and avoids unnecessary delays. Where there is gatekeeping or a refusal to provide accommodation, urgent pre-action steps or judicial review may be needed.
Legal Aid Availability
Legal Aid is still available for homelessness cases, including challenges to unlawful refusals. Making sure survivors receive prompt and lawful decisions is essential if they are to escape abuse and avoid becoming trapped in a cycle of homelessness.
Strengthening Local Authority Accountability
In my view, while the legal framework is now far stronger than it once was, too many survivors still struggle to access the protection Parliament intended them to have. Ensuring that survivors are treated with dignity, listened to, and given safe accommodation at the earliest stage should not be aspirational, it should be routine. Until that becomes the norm, advisers and legal representatives will remain an essential safeguard.
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