Draft domestic abuse housing policy

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Content

• Introduction
• Aims of policy
• Scope
• Equality and diversity
• Background
• The policy
• Wiltshire Council tenants
• Arrears situation for other landlords
• Consultation
• Monitoring
• Review
• Appendices

We are holding a consultation on this draft policy, closing on 3 March 2011. Please complete the consultation survey online to give us your comments.

1. Introduction

1.1  This document sets out the housing policy for people in need of housing services as a result of domestic abuse. In developing the policy, account has been taken of the council’s “Domestic Abuse Strategy 2009-2011”, which states that in implementing cross-cutting objectives the council will deliver services to help reduce abuse, including domestic abuse and that housing will be an effective partner in finding multi-agency community safety solutions.

2.0. Aims of the Policy

2.1 The policy aims to:

• Provide an accessible service that supplies clear and relevant information
• Ensure all staff are trained and provided with appropriate support to enable them to deal with domestic abuse in an effective and sympathetic way
• Ensure that housing works closely with other agencies
• Encourage and maintain joint working where appropriate
• Ensure that all allegations of domestic abuse are treated seriously, ensuring that officers offer options and choice and do not make judgements
• Ensure that our response to domestic abuse meets the needs of everyone irrespective of age, gender, race, class, culture, sexuality or disability
• Ensure that services are monitored and that action is taken to continually make improvements to the service

3.0 Scope

3.1 This policy has been developed to cover services provided by housing management, housing options and homes4wiltshire. Clear and consistent standards can be set by providing one policy for households at risk of domestic abuse.

3.2 Registered social landlords operating within Wiltshire have their own domestic abuse policies and will refer cases to the housing options team when required.

4.0 Equality and Diversity

4.1 Domestic abuse occurs across society, regardless of age, gender, race, marital status, sexuality, religion, disability, wealth, geographical location, academic achievement or educational ability. The incidents can occur at any stage of a relationship, may escalate in frequency and severity, and may continue after the relationship has ended. Although men can be the victims of domestic abuse, the evidence of reported incidents shows that it is predominately perpetrated by men against women who have been, or who are in, an intimate relationship. The second largest category of victims is men in homosexual relationships.

4.2 This policy complies with the council’s Equality and Diversity Policy that sets out the council’s commitment to recognising diversity and providing services that take account of these issues.

4.3 Information can be made available in other formats on request.

4.4 A full Equality Impact Assessment has been carried out and is attached in Appendix 4.

4.5 Barriers to support and assistance

It is difficult for most women to leave abusive situations but the experience of black and minority ethnic (BME) women’s groups indicates that BME women can take longer to leave. This may be because women from BME communities, particularly those subject to immigration control, face additional barriers when attempting to escape domestic abuse.

The following is a list of some barriers that may confront BME individuals. These are not exhaustive and may equally apply to other people:

• Guilt, shame, confusion, lack of confidence, low self-esteem and uncertainty.
• Fear of not being believed or supported by family, community or wider society.
• Religious and cultural pressures, such as notions of shame and family honour or dishonour; expectations to “suffer in silence” or accept domestic abuse as normal; the stigma of divorce/separation; pressure to reconcile and “save the marriage” at all costs; and hopes of changing violent behaviour.
• Social and racial isolation.
• Lack of English or language problems.
• Ignorance of rights and services.
• Fear of and experiences of racial harassment or discrimination.
• Fear of deportation.
• Fear of losing children to social services or to their partner and his family; or of being unable to provide for them.
• Inadequate services or responses from agencies, including failure to intervene and protect victims in the name of cultural sensitivity.
• Fear that agencies may be corrupt and unsympathetic.
• Homelessness
• Mental health issues (including post traumatic stress syndrome, depression, self-harm and other conditions - suicide statistics suggest that women in minority communities are more likely to turn to suicide and self-harm than to leave abusive situations).
• Other health needs
• Male victims, regardless of circumstance, often find it harder to seek help
• No recourse to public funds

5.0 Background

5.1 Definitions – what is domestic abuse?

The government defines domestic abuse as:

Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality. (Home Office, Domestic Violence: A National Report, March 2004)

Wiltshire’s policy refers to domestic 'abuse' in preference to domestic violence, in recognition that its impact can go beyond actual physical violence, to involve emotional abuse, the destruction of property, isolation from friends, family or sources of support, control over decision making, money, transport or telephone and can include the impact of witnessing abuse. Other local and national documents will refer to either domestic violence and/or domestic abuse.

Domestic abuse is a pattern of abusive and controlling behaviour through which the perpetrator seeks to exert power over the victim. Although the definition recognises adults as being 18 years or over, domestic abuse often overlaps with child abuse where children may witness and/or are victims of abuse.

The definition of domestic abuse is informed by research evidence and Home Office guidance that:

• Domestic abuse is not a family argument or conflict between parents.
• Domestic abuse is a pattern of coercive behaviour used by one person to establish and maintain power and control over another.
• Domestic abuse is mainly perpetrated by men against women partners and women tend to experience more serious and fatal injuries and more repeat incidents of domestic abuse.
• Domestic abuse may also be perpetrated by women against male partners and can occur in same sex and transgender relationships.
• Family members within and between the generations may also perpetrate domestic abuse. It includes abuse of the elderly and in specific minority ethnic communities it includes ‘forced’ marriage, female genital mutilation and so-called ‘honour’ based crimes and deaths.

5.2 Consequences of domestic abuse

Domestic abuse can go beyond actual physical violence. It can also involve emotional abuse, the destruction of a spouse’s or partner’s property, their isolation from friends, family or other potential sources of support, control over access to money, personal items, food, transportation and the telephone, and stalking.

In some minority communities, domestic abuse can be perpetrated and/or condoned by the extended family. The victim may be accused of bringing dishonour to the family if they question or leave abusive and oppressive relationships. This often results in severe consequences such as social ostracism, sexual harassment and acts of abuse, including, in some cases, so called ‘honour killings’.

Children and young people can experience harm when they live in a household affected by domestic abuse.

Guidance on support services, safeguarding and child protection will be covered in the procedures.

5.3 Some Facts about Domestic Abuse

The national context (Wiltshire Domestic Abuse Strategy 2009-2011):

One incident of domestic abuse is reported to the police every minute across England and Wales.

Estimates suggest that one in four women and one in six men will be a victim of domestic abuse in their lifetim.e

A woman will, on average, be assaulted by her partner or ex-partner 35 times before reporting it to the police.

Women usually have to contact 5–12 different agencies before they are able to leave a violent/abusive relationship.

5.4 The Wiltshire Context (Wiltshire Police, Domestic Violence Update on Performance 2009/10; and Wiltshire LA P1E Homelessness Returns, 2009/10

• 2,807 domestic abuse incidents were reported to Wiltshire Police in 2009/10.
• Only one in five incidents will be reported to the police, therefore the level of domestic abuse experienced in Wiltshire is likely to be in the region of 14,000 incidents per year.
• Domestic abuse accounted for 14% of all violent crime reported to the police in Wiltshire in 2009/10.
• Around 50% of cases referred to Wiltshire Council children and families’ services are attributable to domestic abuse.
• Abuse within the household was the fourth highest priority cause of homelessness in Wiltshire in 2009/10.
• More than 6,500 children in Wiltshire (including Swindon) were present in the household during 2009/10 when a domestic abuse incident was taking place.

5.5 Evidence Base

Appendix 2 provides details of the evidence base on which this policy has been based.

5.6 Links with Other Strategies

This policy will seek to fit within the council’s overarching “Domestic Abuse Strategy 2009-11” (Appendix 1). Future work will reflect the necessity of prevention and early intervention to reduce further harm, as well as the provision and accessibility to support and enhancing confidence in bringing perpetrators to justice.

Domestic abuse cannot be tackled in isolation and a co-ordinated partnership approach is essential. This will involve working together to prevent, intervene and reduce the impact of domestic abuse, increasing the safety and well being of those living with its effects in Wiltshire.

Appendix 6 sets out the sources that the policy has drawn upon and the links with other strategies and polices.

5.7 Legal Remedies

A summary of some of the legal remedies is attached in Appendix 3.

6. The Policy

This policy has been produced in partnership with other council departments and agencies. We will aim to continue to work in partnership to improve the services that we provide to our customers whilst respecting confidentiality.

Staff will also work closely with other agencies where appropriate and will assist with referrals to other agencies. This includes contacting other organisations who are able to provide support, assisting with housing benefit claims or referrals to the police. We will only make referrals with the agreement of the customer, unless there is a concern for the safety of a child or a vulnerable adult.

Multi Agency Risk Assessment Conferences (MARAC) are organised to provide a multi-agency response to cases that are considered to be high risk. This policy will therefore ensure that MARAC guidance and procedures are followed. Staff will be trained in carrying out risk assessments to identify when cases should be referred to MARAC.

As well as organising conferences to discuss individual cases, MARAC also provide a forum for agencies to meet to share skills and knowledge and to look at ways in which services can be improved.

6.1 The responsibilities of Wiltshire Council

The officer dealing with any case involving domestic abuse will:

• Provide information on advice and support available both within the council and externally.
• Discuss the available options with the customer, taking a victim centred approach.
• Follow the staff procedures and guidance set out to implement the policy.
• Keep accurate and up to date records.
• Offer an interview with an officer of the same sex.
• Provide a confidential and sensitive service.
• Establish if there are any special needs that should to be taken into account, for example the need for an interpreter or a sign language translator.
• Conduct interviews in private and if necessary in a place of safety.
• Refer cases involving child protection or vulnerable adults to the relevant services in line with the referral procedures.
• Make recommendations for a management transfer when appropriate.

6.2 The provision of clear and accessible information

The policy will be made available at council offices and on the council’s website.

6.3 Recording

The standard MARAC monitoring form will be used by all housing staff and external agencies handling domestic abuse cases. This will ensure consistency across services.

6.4 Provision of accommodation and homelessness

As part of the procedure for assisting victims of domestic abuse, staff must assess the risk to the victim and the options available to the individual at the time. This may include providing assistance to enable the victim to remain in their current home through the use of mediation, legal remedies or the Sanctuary scheme. There may be occasions when the victim is unable to remain in the property and alternative accommodation such as a safe house or emergency temporary accommodation will need to be secured to allow the housing options team and other housing teams to offer advice and assistance and consider all the options available. This may include providing support to enable the victim to return if the appropriate safety measures have been put in place; or assisting the victim to make a homelessness application if the victim is unable to return or remain in their home once other options to prevent homelessness have been exhausted.

Homes4Wiltshire is the Wiltshire-wide system for allocating social housing owned by Wiltshire Council and other social landlords operating in the council area. It operates a choice-based lettings policy which is available to view on the Homes4Wiltshire website.

The policy states that:

“Additional preference can also be given to people with an urgent housing need, such as victims of domestic abuse, racial harassment, witnesses of crime and victims of crime at risk of intimidation amounting to violence and people with urgent medical reasons.”

6.5 Remedies and Initiatives to Remain at Home

The Sanctuary Scheme

The Sanctuary Scheme is a victim-centred initiative and an innovative approach to homelessness prevention. The Sanctuary Scheme is designed to enable victims of domestic abuse to remain in their own accommodation, where it is safe for them to do so, where it is their choice and where the perpetrator does not live in the accommodation. If a victim feels compelled to move then the disruption to family and other support networks, education and employment can sometimes lead to homelessness. See Appendix 5

Repairs and security improvements for council tenants

Where there is an established risk to someone from domestic abuse, the council will fit a new lock or other security arrangements without charge. This may include pursuing the Sanctuary Scheme. Where damage has occurred as a result of domestic abuse the victim would not normally be re-charged for the repair. However, attempts may be made to recover the costs from the perpetrator.

Legal options

There are legal procedures which seek to protect men and women from violent partners and allow them to remain in their own homes. These include occupation orders and non-molestation orders. Victims would always be advised to seek legal advice when considering these options.

The tenancy agreement

The council’s current tenancy agreement does not contain a specific clause regarding domestic abuse, although abuse can be grounds for possession under section 2a of the schedule to the Housing Act 1985 as amended. The council is committed to including a specific clause in its tenancy agreement when it is next updated, making domestic abuse a breach of tenancy conditions, and in the meantime will make use of section 2a of the Housing Act when appropriate.

7. Wiltshire Council Tenants

Where tenants or members of their household experience domestic abuse, the Neighbourhood Manager will provide advice and assistance. A brief summary of the approach to be adopted under this policy is listed under the following headings:

Arrears – The safety of victims should be the over-riding priority. In many cases a repayment agreement can be a way of protecting the victim while safeguarding the debt owed to a landlord. As a last resort, arrears may be written off, however the general rule will be to recover arrears. Each case will be assessed on an individual basis.

Re-housing – The Homes4Wiltshire policy makes provision, subject to an assessment, for additional preference to be given to victims of domestic abuse, and the increased priority under the banding may permit an urgent transfer to take place. There is also the provision for a management transfer to be carried out and housing management will consider a transfer after taking into account the details of individuals’ circumstances. Housing options will discuss the homelessness process and provide housing advice and assistance where appropriate, but all efforts to prevent homelessness and source alternative and safe options will be pursued before considering homelessness.

Joint tenancies – Where there are joint tenants, either party can give notice and terminate the tenancy. In situations where domestic abuse is the grounds for wishing to terminate the tenancy, both parties should be advised to seek legal advice, and also to contact the housing options team for advice and assistance.

Where the perpetrator is the sole tenant – Where the perpetrator is the sole tenant, the council can use ground 2a of schedule 2 of the Housing Act 1985 as amended to seek possession, although a careful review of the evidence and consequences will be required.

Where the victim is the sole tenant – where the victim is a sole tenant they may need advice about legal remedies or the Sanctuary Scheme. This will be provided by their Neighbourhood Manager, who will contact the housing options team to discuss the option of sanctuary, or a move using the Homes4Wiltshire scheme, for example via a “management transfer”, or suitable alternative accommodation and the process of giving notice, although consideration should be given to the Sanctuary Scheme or to the behaviour modification programme for the offender rather than immediately assuming that a move is the best course of action.

8. Arrears situation for other landlords

All eligible applicants will be considered for suitable accommodation through Homes 4 Wiltshire, including applicants who have an outstanding housing-related debt (current or previous) to any landlord (private or social) or who have a history of anti-social behaviour.

Applicants with current or previous housing-related debt to the landlord, however, will be required to maintain a consistent repayment plan. Applicants who fail to do this may be overlooked by the landlord under their own Allocations Policy.

9. Consultation

The following organisations were consulted in preparing this policy and a multi-agency group was set up to develop the policy.

• Salisbury Refuge
• North Wiltshire Womens’ Refuges
• Splitz
• Wiltshire Police
• Knightstone Housing Refuge
• Salisbury Refuge
• Wiltshire Council Domestic Abuse Reduction Co-Ordinator
• Wiltshire Council Housing Options section
• Wiltshire Council Housing Strategy section
• Wiltshire Council Housing Management section
• Wiltshire Council Equality and Diversity section
• Community Mental Health Team
• Army Welfare Service
• Wiltshire Council Adult and Child Services
• Sarsen Housing Association
• Selwood Housing Association
• Anti-Social Behaviour Reduction Manager
• Community Safety Manager
• NHS Child and Adult Safeguarding Leads
• Youth Offending Team
• Domestic Abuse Reduce Group (DARG)
• Victim Support
• Independent Domestic Violence Adviser (IDVA) Service
• Wiltshire Council Legal Team
• Wiltshire Racial Equality Council
• Community 4

10. Monitoring

Each section in housing services that has any involvement with cases of domestic abuse will keep its own records, however these will be co-ordinated with the council’s Domestic Abuse Reduction Officer and the Police Domestic Abuse Unit. It is important that any trends are identified and responded to, and also that profiling of victims can take place and be analysed. The anonymous records will be shared with the Domestic Abuse Reduction Group (DARG) as part of the strategic approach to tackle domestic abuse in Wiltshire.

11. Review

11.1 The Domestic Abuse Policy will be reviewed by the Domestic Abuse Forum and Wiltshire Council every year.

11.2 Any new legislation, best practice or guidance may be introduced into policy and procedure before any timetabled review.

Useful Reading

• Wiltshire Council Domestic Abuse Strategy 2009-11
• MARAC (Multi-agency risk assessment conference) service user explanatory booklet

Accessibility Statement

Information about Wiltshire Council services can be made available on request in other languages including BSL and formats such as large print and audio. Please contact the council by telephone 0300 456 0100, by text phone 01225 712500, or email customerservices@wiltshire.gov.uk

Last updated: 27 January 2011