Addressing housing needs of victims of domestic violence

Cathy Hobson, housing advice development worker for the Community Housing Advice Project, writes about the housing needs of victims of domestic violence. The Community Housing Advice Project is jointly run by Housing Rights Service, Citizens Advice and adviceni.

According to PSNI statistics, domestic violence accounts for about a third of all recorded crime in Northern Ireland. Domestic violence can include actual or threatened physical and mental abuse, as well as damage to property, and can affect both men and women. In addition to affecting people’s health and well-being, it can also create housing problems. During 2003/2004, approximately 700 households who presented as homeless to the Housing Executive stated domestic violence as the cause of their homelessness.{footnote}Northern Ireland Housing Executive Homelessness Statistics 2003-2004.{/footnote}

Victims of domestic violence can face a number of obstacles in relation to housing or re-housing options:

• many have nowhere to go or have no right to remain in their current accommodation;
• others may want to stay in their own homes but are unaware of their legal rights;
• women may not be able to get a place in a Women’s Refuge, where demand far outweighs availability;
• there are currently no emergency refuges available for male victims;
• victims with older male children have difficulty accessing certain women’s refuges; and
• the legal protection and support provision for same sex victims is seriously lacking.

In Northern Ireland, the Housing Executive is responsible for assessing people who present as homeless by applying the homelessness legislation (Housing (NI) Order 1988, as amended). However, there are problems with the legislation as it only relates to homelessness caused by violence from another person who resides in the same property as the victim.{footnote}Article 3(5) (b) of the Housing (NI) Order 1998.{/footnote} Thus, it does not cover the common problem of violence from a person not living with the victim such as an ex-partner.

Through our experience of dealing with victims of domestic violence, we have identified a lack of consistency in the application of the legislation by Housing Executive district offices. For example, the Housing Executive’s Guidance on the Common Selection Scheme (Rule 43) (which deals with applicants experiencing or threatened or at risk of violence) states that it is not necessary for documentary evidence to be produced to prove that domestic violence has occurred. However, the reality is that Housing Executive District Offices can be reluctant to find an applicant statutorily homeless without supporting evidence. This practice fails to take account of the fact that, in many instances, supporting evidence is not readily available as victims do not always contact the police or other agencies for help. The situation in England is a lot clearer, where guidance and case law{footnote}R v Thurrock BC ex parte Williams [1981] 1 HLR 128 QBD. It was held that it is not for the applicant to 'prove' her/his case. Where it is not possible to be sure of the truth, the benefit of the doubt should be given to the applicant.{/footnote} state that it is not for the applicant to ‘prove’ his or her case, but where it is not possible to be sure of the truth the benefit of the doubt should be given to the applicant.

Despite the problems which exist, there have been some positive developments. The Housing Executive is planning to produce a revised Homelessness Guidance Manual for staff which will include homeless ass-essments in cases of domestic violence. Prior to the new manual being issued, the Housing Executive has given assurances that it will be updating its advice to district offices on the assessment and management of domestic violence cases. All district offices will be instructed that applicants should be considered by their individual circumstances and as sympathetically as possible so that, in cases where there is a lack of supporting information in relation to domestic violence, the benefit of the doubt should be afforded to the applicant.

The Housing Executive also has a Homelessness Strategy aimed at preventing homelessness, meeting the needs of homeless people and continuing to support people when permanently re housed. This strategy places a stronger emphasis on dealing with the personal and social causes and consequences of homelessness. In meeting this commitment, the Housing Executive has pledged £1.4 million towards the funding of special projects to tackle homelessness and to stop the cycle of repeat homelessness. As domestic violence is a major cause of homelessness, this strategy and accompanying funding is very welcome.

Furthermore, following the implementation of the Housing (NI) Order 2003, there is now a new ground for possession which enables the Housing Executive to apply for possession in cases where domestic violence has occurred. In many cases, it is the victim who leaves the family home whilst the perpetrator stays on in the property. Under this new ground, if a court is satisfied that the party who has left the property is unlikely to return to it whilst the perpetrator remains, the court can order that the tenancy be transferred to the party who has left. Prior to this new ground being introduced, the victim would have had no option but to seek an Occupation Order or seek legal action for the court to directly transfer the tenancy. This change enables the Housing Executive to perform this function without the victim having to go to court. It is anticipated that the revised guidance will be issued by the Department for Social Development stating that victims who do not wish to return to the home should not be penalised by the Housing Executive ie treated as intentionally homeless.

The issue of domestic violence is also being addressed at a strategic level. In October 2003 the Department of Health, Social Services and Public Safety issued ‘Tackling violence at home’, which contained proposals on domestic violence in Northern Ireland. The report highlighted the need to increase the range of accommodation and support options available to victims of domestic violence. Some of the suggestions for reform were:

• increasing accommodation available to victims of domestic violence;
• a new ‘refuges on-line’ database, providing information and advice to direct victims to accommodation, advice and support;
• extending the supporting people programme to provide housing support services in refuges and other temporary accommodation;
• increasing the range of support services available to children and young people affected by domestic violence and also those who are unable to get access to financial support due to their immigration status.

Following on from this consultation, in September 2004 the Office of Law Reform released draft legislation containing proposals to amend a range of legal provisions including the Family Homes and Domestic Violence (NI) Order 1998. These include extending the definition of cohabitee to include same sex couples who are currently unable to apply for the protection available under the 1998 Order.

The law, policies and practices aimed at assisting domestic violence victims with their housing situation have improved in recent years. Both the government and other statutory agencies have increasingly recognised the problems associated with domestic violence and are working to improve their services. The Housing Executive has shown commitment to change through the publication of the Homelessness Strategy and also by pledging to revise its guidance in relation to dealing with domestic violence cases. However, problems still exist and a lot of work still needs to be done by all agencies concerned to assist and support domestic violence victims and their families in accessing suitable temporary and permanent accommodation.