Domestic abuse policy & procedure

1. Policy summary

1.1 Wiltshire Council (the council) is committed to ensuring that all residents affected by domestic abuse are supported in a sympathetic and sensitive manner and that staff act in a non-judgemental way. This policy sets out the level of service we aim to provide.

At all times it is the organisation's intention to increase safety and housing security for victims/survivors and their children/dependents and to work with relevant agencies to hold perpetrators to account for their harm.

1.2 For the purposes of this policy, the statutory definition of abuse applies and incorporates behaviours of violence as well as other forms of abuse, including economic abuse and coercive control.

2. Scope of policy

2.1 This policy applies to all reports of domestic abuse (DA) that involve Wiltshire Council Housing Tenants or members of their household.

2.2 It sets out how Wiltshire Council Housing staff will support individuals or households when they are made aware of cases of domestic abuse.

2.3 It provides tenants with clear and succinct reassurance about what they can expect from the council's domestic abuse response.

2.4 This policy invites, empowers and enables victims/survivors to disclose their experiences, safe in the knowledge they will be believed, validated and supported to make choices.

3.1 Full Council sets the budget and therefore the financial parameters in which the HRA operates which includes the costs of tenancy services to ensure regulatory standards are met and residents are safe in their homes.

3.2 Cabinet in consultation with Housing Board will have governance responsibility for ensuring this policy is fully implemented.

3.3 For assurance that this policy is operating effectively in practice, the Housing Board will receive regular updates on its implementation. Implementation of this policy is under continuous review by the Housing Management, Tenancy Services Team.

3.4 The diagram below illustrates the organisational structure of tenancy services and the flow of policy from cabinet through to operational delivery.

3.5 The following personnel have core responsibilities in ensuring that the council manage the risk of Domestic Abuse within its property portfolio. 

Nominated Authorities:
Statutory Duty Holder - Chief Executive.
Nominated Responsible Person - Director - Assets.
Nominated Deputy Responsible Persons - Head of SAM&FM and Housing Management Services, and Tenancy Services Manager.
Operational Staff - Senior Neighbourhood Officer and Neighbourhood Officer.

3.6 The following are the principal duty holders for Housing in the council.

• Members of the Cabinet and the portfolio holder:
  Shall have a clear accountability for oversight and scrutiny of the council's performance in relation to regulatory requirements.
  Shall ensure that suitable resources and strategic direction are available to discharge the council's domestic abuse responsibilities.
  Shall monitor, via reports, the overall performance of the council's domestic abuse management system.
• Chief Executive
  Shall allocate and prioritise resources to be able to apply this policy.
• Director - Assets
  Shall be responsible for the discharging of duties on behalf of the Chief Executive.
  Shall be accountable for ensuring that their services comply with the regulatory standards.
  Shall ensure that all risks within their service are assessed and control measures are introduced to minimise the risks as far as reasonably practicable.
  Shall monitor domestic abuse response performance.
• Head of SAM & FM and Housing Management Services/Tenancy Services Manager
  Shall ensure that compliance to the domestic abuse policy is met and oversee day-to-day management of domestic abuse cases within HRA responsibility.
  Shall provide managers and employees with timely information on changes to legislation, best practice and guidance.
  Shall maintain the domestic abuse policy and ensure that the policy, and revisions made to it, are made available to all staff.
  Shall ensure that all staff are trained, or otherwise competent, to be able to apply the domestic abuse measures required by regulation.
• Senior Neighbourhood Officer and Neighbourhood Officer
  Shall support Head of SAM&FM and Housing Management Services/Tenancy Services Manager in their duties to ensure the council meets its regulatory requirements for domestic abuse.

4.1 Statutory Definition of Domestic Abuse

The Domestic Abuse Act 2021 defines domestic abuse as:

The behaviour of a person ("A") towards another person ("B") is "domestic abuse" if:

• A and B are each aged 16 or over and are personally connected to each other, and
• the behaviour is abusive.

Behaviour is "abusive" if it consists of any of the following:

• physical or sexual abuse
• violent or threatening behaviour
• controlling or coercive behaviour
• economic abuse
• psychological, emotional or other abuse

And it does not matter whether the behaviour consists of a single incident or a course of conduct.

"Economic abuse" means any behaviour that has a substantial adverse effect on B's ability to:

• acquire, use or maintain money or other property, or
• obtain goods or services.

For the purposes of this Act A's behaviour may be behaviour "towards" B despite the fact that it consists of conduct directed at another person (for example, B's child).
A child who sees, hears or experiences the effects of domestic abuse and is related to the person being abused or the perpetrator, is also to be regarded as a victim of domestic abuse.

4.2  Who can experience domestic abuse?

Definition of "personally connected"
For the purposes of this Act, two people are "personally connected" to each other if any of the following applies:

• they are, or have been, married to each other.
• they are, or have been, civil partners of each other.
• they have agreed to marry one another (whether or not the agreement has been terminated).
• they have entered into a civil partnership agreement (whether or not the agreement has been terminated).
• they are, or have been, in an intimate personal relationship with each other.
• they each have, or there has been a time when they each have had, a parental relationship in relation to the same child.
• they are relatives.

Victim and survivor - these terms are used to describe people directly affected by domestic abuse, including those who have witnessed it. We will follow the lead of the person seeking support, since the journey of the victim to survivor is unique to each person.

Domestic abuse can also occur through the actions of immediate and extended family members through unlawful acts including, but not limited to:

• Forced marriage
• Honour-based abuse
• Female genital mutilation (FGM).

The full legal definition can be found at Domestic Abuse Act 2021 (legislation.gov.uk) (opens new window).

5. Dealing with reports of domestic abuse

5.1 The  council take  all  reports  of  domestic  abuse  seriously and will  treat all  reports with respect, sympathy and confidentiality, listening to the needs and wishes of the victim /
survivor  in  agreeing  a  course  of  action. Whilst the  council encourage  all  victims  / survivors  of  domestic  abuse  to  report  incidents  to  the  Police, the  council will  provide appropriate support  and  will  be  led  by  the  victim  /  survivor  even  if they don't  want  to involve the Police.

5.2 The council will ensure that those disclosing incidences of domestic abuse can access appropriate services as early as possible and are given advice to allow them to make informed decisions about what to do next.

5.3 The council will ensure services are easily accessible to everybody. Incidents of domestic abuse can be reported by a variety of means:

• By email to HSGMail@wiltshire.gov.uk (opens new window)
• I-Housing tenants services (opens new window)
• By telephone to 0300 456 0117 Option 4
• In person to a member of staff
• In writing: Housing Management Team, Wiltshire Council, Bourne Hill, The Council House, Salisbury SP1 3UZ

In an emergency, where there is an immediate risk to life or property, reporting persons and witnesses should always dial 999 and ask for the Police.

5.4 The council will provide alternative methods of reporting on request for reporting persons and  witnesses  who  have  a disability  which  prevents  them  using  the  methods  above. This will be treated on a case-by-case basis.

5.5 For  those  whose  first  language  is  not  English  we  will  where  necessary,  provide  the services of an interpreter.

5.6 Following  disclosures of domestic abuse, the council will use the Domestic Abuse, Stalking, Harassment and Honour Based Violence risk identification checklist (DASH) to identify the level of risk to the victim and members of their household. This will assist in identifying vulnerabilities, additional support needs and safeguarding concerns in order to make appropriate referrals to specialist partners and agencies. Where victims are considered high risk because of the DASH assessment or through professional judgement we will refer to MARAC (Multi Agency Risk Assessment Conference) and we do not need the victim / survivor's consent. The referrer will attend the MARAC meeting where the case is discussed.

5.7 The council will work in partnership with other agencies recognising our role in dealing with domestic abuse in a multi-agency context this will include but is not limited to;

• Police
• NHS Medical and Mental Health Teams
• Probation Services
• Adult Social Care
• Children's Services
• Housing Solutions
• Third or voluntary sector service providers

5.8 Throughout the case the council will agree the most appropriate method of communication reporting persons wish to use. This includes talking to us over the phone, through an online video call, at our offices or another safe venue.

On receiving a report of domestic abuse, the council will:

6.1 Contact the victim within 2 working days and take account of their wishes when deciding the most appropriate course of action to deal with reported incidents. The wishes of the victim will always be balanced against the safety and welfare of the victim, any dependent children, and the local community.

6.2 Make arrangements to see victims of domestic abuse at a safe location, away from their usual home address and make every effort to maintain confidentiality.

6.3 Undertake a risk assessment (DASH) to determine the level of risk to the victim and refer to MARAC where appropriate.

6.4 Provide advice and support to assist them in making informed decisions of what to do next including signposting to other services and agencies for support.

6.5 We appreciate the importance of continuity and will provide a named point of contact which in most cases will be the local housing officer or senior neighbourhood officer. We will provide specific contact details so that the officer can be contacted directly. During all interactions we will manage expectation as the named officer will have a caseload to manage and may not therefore be immediately available. Further the service is only available during business hours Monday to Friday. If more intensive support is required, we will signpost to the relevant agency (see section 8 of this policy).

6.6 Offer appropriate advice in relation to alternative accommodation, this may include:

• Emergency accommodation - Anyone who has left home following domestic abuse are treated as homeless. They should immediately seek advice from our Housing Solutions team by telephoning 0300 456 0106 or emailing homeless@wiltshire.gov.uk  (opens new window). If they apply out of office hours then their immediate, "overnight" problem may be resolved using B&B or an alternative appropriate form of accommodation. This service can be accessed by telephoning the Council's Out of Hours service on 0300 456 0100.
• Hostel / Refuge - following the provision of emergency accommodation the council will contact and seek to support and offer advice on the next steps beyond the emergency "overnight" problem, in line with the Allocations Policy. If appropriate the period of emergency housing may be extended and may take the form of a hostel or refuge. This can provide space for the victim, an opportunity to contact other specialist agencies and allows time for long term housing needs to be assessed, in line with the Allocations Policy.
• Securing alternative accommodation - Victims of harassment, violence or abuse may get an elevated banding for housing in accordance with the Allocation Policy. In addition, the Allocation Policy recognises the impact that economic control can have on an individual's finances and does not take a blanket approach to debt incurred as a result of domestic abuse or harassment.
• Management Transfer - The council may consider a management transfer, using discretion to grant the victim a sole tenancy at an alternative property or the original property. Granting a sole tenancy to the original property will depend on the person's housing needs and whether it would be considered safe for them to remain there. These decisions will be made in consultation with the victim, with other professionals and in accordance with the council's Allocation Policy.

6.7 Offer appropriate advice in relation to tenure, this may include:

• Sole tenancy - where the victim is the sole tenant and it is deemed unsafe for them to remain in the property and they have no intention to return the council would encourage the victim to serve a notice to quit on the property, ending the tenancy. If the perpetrator remains in the property and fails to vacate then the council will commence possession proceedings.
• Joint tenancy - the landlord is unable to remove a person's name from the tenancy without their consent. This means that Housing staff are unable to make a decision to assign the tenancy to either party. However, it may be appropriate for the victim to serve notice to quit, ending the tenancy for both parties or applying to the Court for an order to transfer the tenancy into their sole name.

Where a joint tenant or occupier is convicted by the courts of a domestic abuse related offence, the council will encourage the victim to serve a notice to quit on the property, ending the existing joint tenancy for both parties. If it is deemed safe for the victim to remain in the property, a new sole tenancy of the property may be issued to the victim. If the perpetrator fails to vacate the property then the council is likely to begin possession proceedings. However, this decision will be made on a case-by-case basis based on the level of risk involved and will be made in consultation with the victim and other professionals.

6.8 Ensure that the victim is aware of their rights and security.

Any victim of domestic abuse who are unable to remain in their home either because of the presence of the abuser or the threat of future abuse have the right to apply to any Local Authority for housing advice and assistance.

If a victim of domestic abuse loses their secure tenancy as a result of the abuse, the Domestic Abuse Act 2021 requires local authorities to grant another secure tenancy to the victim if they rehouse them.

6.9 Consider target hardening.

Where appropriate the council will look at security measures to allow the victim to remain in their home wherever possible. For example enhanced lighting, working in partnership in delivering such works - particularly with the Wiltshire Bobby Van Trust.

The council will make repairs where needed and any repair issues that involve security of the property (for example, lock change, boarding of windows, making safe) will be treated as an emergency appointment and will be attended to within 24 hours.

The council will not usually charge tenants where the need for repairs has been caused by the perpetrator. Our repairs contractor, or a member of staff may ask for a crime reference number in order to ensure a recharge invoice for the works is not generated. However, it is recognised that victims of abuse do not always report crimes to the police. In circumstances where a crime reference number is not available, staff will seek to deal with the situation as pragmatically as possible (for example, a person may already be known to be experiencing abuse and / or receiving specialist domestic abuse support services. Alternatively, a service manager could agree to waive the re-charge).

6.10 The council will use enforcement tools that are appropriate and proportionate to the individual circumstances.

6.11 The council will seek appropriate support solutions for perpetrators of domestic abuse to amend their behaviour and prevent reoccurrence of abuse.

6.12 The council will be responsible for deciding if reports fall within the government's definition of domestic abuse and, if no reasonable action can be taken to deal with the issue reported then the council will inform the reporting person or witness of this decision and provide an explanation as to why this is the case.

This policy forms part of our wider organisational commitment to providing positive partnership working arrangements therefore the council commits to:

7.1 Working in collaboration with relevant organisations when responding to domestic abuse. Taking account of each person's circumstances and the different courses of action that may be possible and appropriate.

7.2 Maintain on Wiltshire Council website a list of a range of local and national agencies which may be able to offer advice or support depending on victims' circumstances.

7.3 Maintain strong partnership working with local agencies, sharing information through the High-Risk Domestic Abuse process.

7.4 Refer victims to the council Tenancy Sustainment Team or other relevant agency if they need any support relating to financial issues and signpost organisations for legal advice as appropriate.

7.5 Work in partnership with appropriate agencies to support or refer perpetrators of domestic abuse who recognise and want to change their behaviour.

7.6 Comply with the terms of any Information Sharing Agreement which is in place, the council will exchange information with agencies it works in partnership with. These agencies will include, but not be limited to those listed at 5.7 of this policy. Such sharing of information will usually be done with the consent of reporting person and witnesses, but where necessary can be done without such consent as laid out in Sections 17 and 115 of the Crime and Disorder Act (1998), which provides a power for public bodies to exchange information when they would not normally be permitted to do so, for the purposes of public safety, prevention and detection of crime and disorder. The council recognise that Section 115 of the Act gives "power", but not an automatic right, to disclose information.

7.7 Respect tenants right to privacy and act in line with council Data Protection Policies and procedures. The council will never force anyone to share any information they don't want to and will only share information with the victim's permission, unless there is a risk to the safeguarding of children, or a vulnerable adult and it is a duty of care.

7.8 The council are committed to complying with GDPR and Data Protection legislation when handling data.

8.1 Local Services:

• FearFree
  Specialist domestic abuse support for adults, young people in their own unhealthy relationships and children and young people who have witnessed domestic abuse.
  Phone: 01225 775 276
  Email: spa@fearfree.org.uk (opens new window)
  Website: FearFree: Wiltshire (opens new window)
• Wiltshire Out of Hours Helpline
  Phone: 01225 712 880
• Wiltshire SHOUT Service
  Free mental health support via text - Text WILTS to 85258
• Domestic abuse awareness and information

8.2 National Services:

• Domestic Abuse Helpline
  Free 24 hour helpline
  Phone: 08082 000 247
  Website: Refuge: National helpline (opens new window)
• Respect
  Free confidential helpline
  Phone: 0808 802 4040
  Email: info@respectphoneline.org.uk (opens new window)
  Website: Respect Phoneline (opens new window)
• Rape Crisis (England and Wales)
  Phone: 0808 802 9999
  Website: Rape Crisis (opens new window)
• SignHealth
  Support for deaf victim / survivors of domestic abuse
  Text: 07800 003 421
  Email: da@signhealth.org.uk (opens new window)
  Website: SignHealth: Domestic Abuse (opens new window)
• Hourglass
  Support for older people experiencing abuse
  Phone: 08088 088141
  Email: helpline@wearehourglass.org (opens new window)
  Website: Hourglass Services (opens new window)
• Men's Advice Line
  Phone: 08088 010327
  Email: info@mensadviceline.org.uk (opens new window)
  Website: Men’s Advice Line: Contact us (opens new window)
• Galop
  Support for LGBTQ+ victims
  Phone: 08009 995428
  Email: help@galop.org.uk (opens new window)
  Website: Galop, the LGBT+ anti-violence charity (opens new window)
• Karma Nirvana
  Forced marriage and honour based abuse helpline
  Phone: 08005 999247
  Website: Karma Nirvana (opens new window)
• NSPCC
  For children and young people
  Phone: 08088 005000
  Email: help@nspcc.org.uk (opens new window)
  Website: NSPCC (opens new window)

9. Raising awareness of domestic abuse

The council will undertake the following commitments to raising awareness of domestic abuse:

9.1 Widely publicise information to raise awareness about domestic abuse, telling our residents how to get help if they need it and the type of response, they can expect from the council.

9.2 Provide information about the support we provide around domestic abuse when tenants move into their home. We will also support national campaigns to increase awareness.

9.3 Carry out a rolling programme of employee training to make sure domestic abuse is always at the forefront of our minds especially when considering harder to reach groups e.g. deaf/blind community, 65+. Our employees are trained to spot signs of domestic abuse when working in homes or having conversations with victims. They are aware of how to act and report any concerns confidently and sensitively.

10. Relevant legislation, regulation, and associated policies

10.1 Regulatory standards - The council must ensure compliance with the Regulator of Social Housing's regulatory framework and consumer standards for social housing in England; the Neighbourhood and Community Standard is the primary one applicable to this policy.

10.2 Legislation - The principal legislation applicable to this policy is: Domestic Abuse Act 2021.

10.3 Additional Legislation and guidance - this policy also operates within the context of the following:

• Domestic Abuse Act Statutory Guidance 2022
• Family Law Act 1996
• ASB Crime and Policing Act 2014
• Serious Crime Act 2015
• Police and Justice Act 2006
• Domestic Violence, Crime and Victims Act 2004
• Housing Act 1985, 1988, 1996 & 2004
• Social housing Regulation Act 2023
• Protection of Harassment Act 1997
• Care Act 2014
• Equality Act 2010
• Human Rights Act 1998
• Data Protection Act 2018.

10.4 Associated polices and guidance.

• Anti-Social Behaviour Policy
• Tenancy Management Policy
• Good Neighbourhood Management Policy
• Allocation Policy
• Rent Arrears Policy
• Wiltshire Domestic Abuse Strategy.

11. Safeguarding

11.1 All employees and contractors of the council have a duty to act in relation to safeguarding concerns.

11.2 The council will actively participate in local multi agency arrangements for safeguarding children, young people and adults.

11.3 The council recognise that employees dealing with domestic abuse are likely to come into contact with children and adults for whom there are concerns about safeguarding issues.  Where any vulnerability issues are known or identified, the council's safeguarding procedures will apply.

11.4 Awareness of, and sensitivity to information sharing protocols and data protection is crucial, however safeguarding concerns override the need for confidentiality in respect of relevant statutory authorities as long as all activity is properly recorded.

All Council employees have a duty to act in relation to safeguarding concerns.

12. Training requirements

12.1 Dealing effectively with domestic abuse requires knowledgeable and well-trained staff. The council will ensure that employees are provided with clear and practical guidance about how to recognise when domestic abuse is taking place.  Neighbourhood Officers receive enhanced training in order to enable them to respond to disclosures of domestic abuse. This training will be regularly refreshed and updated to ensure that our staff are kept up to date with best practice and changes in policy and legislation.

12.2 All training undertaken across property services will be formally recorded.

13. Performance monitoring

13.1 The council will closely monitor the quality of the service that we provide in relation to domestic abuse by use of the following measures:

• Regular case reviews to ensure the timeliness of interventions
• Completing a resident satisfaction survey on all closed cases.

13.2 Every 24 months, or at an earlier date if necessary, staff will review and update this policy to reflect any changes in legislation, best practice or improvements identified by service inspections, scrutiny, or feedback from customers.

14. Communication and tenant involvement

14.1 The council consider good communication essential in raising awareness of domestic abuse therefore we will:

• Establish a resident engagement strategy and communication programme to support residents in their understanding of domestic abuse. This will assist us to support residents to report any concerns about domestic abuse and help us engage with vulnerable and hard to reach residents.
• Share information clearly and transparently and ensure that information is available to residents via regular publications and use of social media.
• Residents will have the opportunity to be involved with raising awareness of domestic abuse by the following routes:
  A simple process to allow complaints/concerns to be raised.
  Residents will be encouraged to discuss queries and concerns with their Neighbourhood Officer and Resident Engagement Teams.
  Residents can provide scrutiny of the council's domestic abuse approach and performance by reporting to the Housing Board and other relevant tenant engagement activities.

14.2 Feedback from our partnership working forms a vital par of ongoing service development and continuous improvement. Feedback from both tenants and agencies we work in partnership with inform and assist us to continually improve our provision.