Domestic abuse policy & procedure

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.