Prevention of homelessness duties: consultation analysis

5. The proposals and domestic abuse

Three parts of the consultation addressed homelessness prevention for people experiencing domestic abuse. The PRG's proposals in relation to new duties were the focus of Q36 and Q37, while Q75 and Q76 covered proposed changes to existing legislation. Q47 asked for views on legislating to establish protocols by social landlords in relation to domestic abuse. The analysis of open comments to these five questions has been consolidated into this chapter given the overlap in responses across the questions.

Support for the proposals

Very high support was recorded by those answering the closed questions: 98% agreed that the PRG's proposed measures on domestic abuse are complementary to each other and consideration should be given to implementing them in full; 100% agreed with the PRG's proposals in relation to extending legislation; and 96% supported legislating for the establishment of protocols by social landlords in relation to domestic abuse.

Reasons for support were consistent across the three questions. There was recognition that domestic abuse is a common cause of homelessness for women, and agreement that the measures will support victim/survivors to access safe and appropriate housing, while avoiding homelessness and temporary accommodation. This view was expressed by several respondents including Cyrenians and Glasgow HSCP. Supporters noted the potential to create positive outcomes for victims/survivors of domestic abuse by minimising trauma and enabling them to stay in their own homes if desired.

Aligning the proposals with existing legislation and policy

Another theme was calls for new or amended legislation to align with or be based on other legislation, policy or good practice guidance. Examples cited included: the Scottish Government's Equally Safe strategy; "Domestic abuse: a good practice guide for social landlords"; and "A New Deal for Tenants - Draft Rented Sector Strategy". A few, including CIH Scotland and Scottish Women's Aid, called for the power under the Domestic Abuse (Protection) (Scotland) Bill that allows a social housing landlord to end the interest of an abusive partner in a joint tenancy to be extended to the private sector.

Despite widespread support, two respondents, including Scottish Women's Aid, stated that the PRG's proposed measures should not be implemented in full. Instead, they suggested a focus on the recommendations of the Scottish Government's "Improving Housing Outcomes for Women and Children Experiencing Domestic Abuse". Others also called for these recommendations to be implemented alongside the PRG's recommendations.

Implementing the proposals

Several respondents, such as the Scottish Federation of Housing Associations and CIH Scotland, noted the importance of providing victim/survivors with choice and control. These respondents felt that victim/survivors should be supported to remain in their own home or to be re-housed, depending on their preferences. The need to avoid housing victim/survivors close to the perpetrator was highlighted by some, while a few focused on the importance of victim/survivors being housed close to their support network. And a few mentioned physical safety measures that could be installed in victim/survivors' homes.

A few noted the need for a trauma-informed approach and that victim/survivors of domestic abuse may need additional support to make effective use of the proposed measures. A small number called for recognition that domestic abuse is all encompassing and not just physical violence. The need for free legal advice for victim/survivors to pursue exclusion orders against the perpetrator was another theme. However, North Ayrshire CouncilHL1 for questioned how they could support victim/survivors to access exclusion orders as proposed by the PRG, suggesting their role should be to signpost to a relevant service which could offer appropriate legal advice. Another called for exclusion orders to be longer than three months. West Dunbartonshire Council asked if there is a need for HL1 for funding purposes if temporary accommodation is needed.

Perpetrators of domestic abuse

A few raised issues around perpetrators^[18] of domestic abuse. Considering location when rehousing a perpetrator is important to ensuring ongoing safety of victim/survivors in their homes. Police Scotland questioned how housing providers should respond to a perpetrator who has been removed from a home under new domestic abuse legislation, and a HSCP requested guidance on how to treat a perpetrator who is going through the legal process. Two argued that a perpetrator removed from a home should be considered as intentionally homeless i.e. the local authority no longer has a duty to offer them a permanent home. In response to Q47, Public Health Scotland noted the need to prevent homelessness for all parties as the safety of victim/survivors can be at further risk if the perpetrator becomes homeless.

Views on protocols by social landlords in relation to domestic abuse

In addition to the reasons for broad support outlined above, respondents felt the proposals could improve social landlord engagement, strengthen existing good practice, improve consistency and increase accountability. Some emphasised the need for multi-agency working, and for social landlords to seek and be provided with support and information from specialist domestic abuse organisations. A less commonly mentioned concern was putting too much responsibility onto landlords to deal with complex situations where they may lack expertise, and that risk and safety training for social landlords would be beneficial. A small number emphasised the importance of gaining tenant consent to engage with the protocols given potential risks to safety in domestic abuse situations. Argyll & Bute Council stated that landlords should not be able to defer any duties around domestic abuse to local authorities.

"As an RSL we are all too aware that Social Landlords need and value information, advice, guidance and protocols to follow in relation to domestic abuse. We do not want to be inadvertently reducing the safety of people experiencing abuse through a lack of expertise" - Blue Triangle Housing Association