Update on The Domestic Abuse Act 2021

The Domestic Abuse Act 2021 introduces a statutory definition for Domestic Abuse. Under Section 1 of the Act the behaviour of a person towards another person will be domestic abuse if: 

1. Their behaviour is “abusive”; and 
2. Both persons are over the age of 16 and are “personally connected” to each other. 

Abusive behaviour consists of the following: 

1. Physical or sexual abuse 
2. Violent or threatening behaviour 
3. Controlling or coercive behaviour 
4. Economic abuse 
5. Psychological, emotional or other abuse 
6. Behaviour directed towards another person such as a child 

In terms of a personal connection, it includes those in an intimate personal relationship, parental relationships and relatives. 

In dealing with anti-social behaviour injunctions and possession claims, the wider definition of domestic abuse will be of assistance to social housing providers in taking action against abusers. The offence of strangulation or suffocation under s.75A of the Serious Crime Act 2015 will also be added to the list of serious offences under Schedule 2A Housing Act 1985, meaning that mandatory claims for possession can be brought. 

There is also welcome news for victims giving evidence as perpetrators of domestic abuse will be prevented from personally cross-examining the victim in both the County Court and the High Court. The full extent of how this will work in practice however is not yet known. 

With regards to homelessness, the changes to the definition of domestic abuse will mean that local housing authorities will be required to accept homelessness applications from applicants experiencing or at risk of domestic abuse. The definition of domestic abuse will also be included within the definition of priority need for accommodation. 

For social housing providers, the Act will likely have a significant impact and it would be wise to consider updating your policies, procedures and tenancy agreements so as to adopt the updated definition of domestic abuse. 

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