Chapter 26: Victims of violence
Guidance on providing homelessness services to eligible people who have experienced or are at risk of violence.
26.1 This chapter provides guidance on providing homelessness services to eligible people who have experienced or are at risk of violence.
26.2 To note, different guidance applies where homelessness is as a result of domestic abuse. For guidance on providing homelessness services in cases involving domestic abuse see Chapter 21.
Priority need
26.3 A person who is vulnerable as a result of ceasing to occupy accommodation because of violence from another person or threats of violence from another person which are likely to be carried out has a priority need as set out in article 6 of the Homelessness (Priority Need for Accommodation) (England) Order 2002. Further information on priority need can be found in Chapter 8. ‘Another person’ should not necessarily be interpreted to mean violence or threats from one known person – it may also include known or unknown groups.
26.4 Housing authorities are reminded that the interim accommodation duty requires them to secure that accommodation is available for an applicant if they have reason to believe that the applicant may be homeless, eligible for assistance and have a priority need.
Defining violence
26.5 Section 177(1A) of the 1996 Act defines violence as violence from another person or threats of violence from another person which are likely to be carried out.
26.6 The term ‘violence’ should not be given a restrictive meaning and can include threatening or intimidating behaviour or abuse. Violence does not have to meet the threshold of ‘serious violence’ (as set out in government’s Serious Violence Strategy) in order to be defined as violence under homelessness legislation.
Assessing homelessness
26.7 The homelessness assessment should identify the reason for homelessness, including whether the applicant has had to leave accommodation because of violence or threats of violence. The authority should support the victim to outline their experience and make an assessment based on the details of the case.
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26.8 Section 177(1) of the 1996 Act provides that it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to violence against:
- (a) the applicant
- (b) person who normally resides as a member of the applicant’s family; or
- (c) any other person who might reasonably be expected to reside with the applicant
26.9 Housing authorities should offer safe options for people at risk of violence to make an application for homelessness assistance. For some victims it might not be safe for them to attend the housing authority offices themselves if they are at risk of violence in the district – and where this is the case, the authority should offer assessments over-the-phone, or via any other method required to make the application safe and accessible for the applicant.
26.10 Where appropriate, housing authorities should accept referrals from concerned parties by allowing someone else to make the initial approach to the housing authority on behalf of a victim, provided the individual has the victim’s consent. Housing authorities must then safely verify with the victim that they wish to make a homelessness application, gaining the victim’s consent to start the application and ensuring any information provided by a third party on their behalf accurately reflects their choices and needs. It should also be made clear to applicants that households making a homeless application are able to bring a trusted individual – e.g. a friend or support worker – to any appointments to support them in making their application. In cases involving violence, the applicant may be in considerable distress and housing authorities should ensure that interviewing officers have the sufficient skills to deal with the particular circumstances.
26.11 There may be occasions where victims of violence are seeking assistance having left behind ID and other documentation that may be required to support their application. There may also be occasions where a perpetrator has taken possession of a victim’s ID. Housing authorities should work with any agency as appropriate, for example probation services, police, social services, or other support services, and the applicant to ensure that essential documentation can be recovered or replaced without putting the applicant at further risk of violence. Applicants must not be asked to return to a particular locality or property to collect documentation if there is any chance that it could put them in danger.
26.12 Obtaining ID and other supporting documentation in such cases may take time and require advice and support. Where there is reason to believe the applicant is homeless, eligible and in priority need, the provision of safe interim accommodation should remain a priority. A delay in obtaining ID or supporting documentation should not be a barrier to accessing safe interim accommodation in such cases.
Assessing risk of violence
26.13 Assessment as to whether a risk of violence is ‘likely to be carried out’ should be taken on a case-by-case basis by evaluating the account given by the applicant and the evidence that has been presented considering all the circumstances.
26.14 An assessment of the likelihood of a threat of violence being carried out should not be limited to whether there has been actual violence in the past. The housing authority may wish to consider facts such as how recent any threats or offences were, and the proximity of risk in terms of locality. Assessments must be based on the facts of the case and should be devoid of any value judgements about what an applicant should or shouldn’t do (or have done), to mitigate the risk of any further violence.
26.15 To establish the risk of violence, housing authorities may wish to seek further evidence where it is available and appropriate to do so, although it is essential that inquiries do not provoke further violence. Housing authorities should not approach an alleged perpetrator or exploiter, since this could generate further violence. With consent from the applicant the housing authorities may wish to seek information from any appropriate agency, group or individual, for example – friends and relatives of the applicant, probation services, offender managers, youth offending services, police, social services, health professionals, youth workers, educational establishments or landlords. This is not an exhaustive list and there may be other sources of evidence that would be appropriate. In assessing the evidence, housing authorities should not necessarily give additional weight to evidence, or the absence of evidence provided by statutory services. For example, a lack of corroborating evidence from the police may reflect that the applicant was fearful approaching the police, as this could increase the risk of violence.
26.16 Housing authorities are not required to attempt to gather evidence from all of the above parties and should contact only those it judges are best able to provide supporting evidence in each case (with no risk to the safety of the applicant). In some cases, corroborative evidence of violence may not be available, or applicants may be constrained in regard to the information they are safely able to share. For example, where someone had taken over the applicant’s home for the purposes of exploitation or where someone had been threatened with violence by a criminal gang, and was too intimidated to report incidents of violence to family, friends or police. This may be particularly relevant where the applicant themselves has been involved in criminal activity, or where they are vulnerable for other reasons. The housing officer should pay due regard to the fact that they may be the first person that the victim has confided in. Housing authorities should not have a blanket approach toward assessing risk of violence which requires police evidence to be provided, particularly where the applicant or their family could be at risk of reprisal. In particular, police evidence may not be necessary where the risk can be verified through other methods – for example, evidence from all professionals, including social services, support workers, youth services, educational establishments and health care staff.
26.17 Housing authorities should also be alert to the wider role they play in ensuring victim safety. Procedures should be in place to keep all information on victims safe and secure. In many cases, perpetrators go to great lengths to seek information on victims. The housing authority must also be alert to the possibility of employees being, or having links to, perpetrators. Housing authorities should not disclose information about an applicant to anybody outside the organisation without consent, and should be particularly alert to the need to maintain confidentiality wherever there is risk of violence to an applicant. Housing authorities may wish to pay due regard to the extent of information recorded – for example, by taking care to only record the information that is relevant and necessary for the purposes of the homelessness application.
Local connection referrals
26.18 A housing authority cannot refer an applicant to another housing authority where they have a local connection if that person or any person who might reasonably be expected to reside with them would be at risk of violence in that other district. For further guidance on local connection see Chapter 10.
Assessing vulnerability
26.19 When determining whether an applicant is vulnerable as a result of violence or threats of violence likely to be carried out, the housing authority should consider all the circumstances and evidence applicable to the case. The housing authority may wish to consider facts such as how recent any offences or threats were, the age of the applicant, the impact of the violence or threat of violence on the victim (for example, in relation to the applicant’s physical or mental health) and the ongoing level of threat posed.
26.20 As for assessing risk of violence, housing authorities may wish to seek further evidence to determine vulnerability with the applicant’s consent, where it is available and appropriate to do so. The housing authority may seek input from others, including the parties listed above (at paragraph 26.13) or any other relevant agency, group or individual, in order to assess vulnerability.
Assessing perpetrators at risk of violence
26.21 Sometimes those who have perpetrated violence, and/or their families, become homeless because it is no longer safe for them to remain in their home – for example, young people who become involved in serious violence and are at risk of reprisals. Perpetrators of violence are sometimes also victims of violence. Applicants who are at risk of violence having also perpetrated violence themselves should be assessed and supported as an applicant for assistance in the usual way.
26.22 Housing authorities should work with police, offender managers, health care services, voluntary sector organisations, and any other agency appropriate, to coordinate activity to minimise risk and prevent homelessness, in order to help reduce re-offending and promote community safety.
Assessing intentional homelessness
26.23 In assessing intentional homelessness, the housing authority will need to determine the circumstances leading to a threat of homelessness and housing authorities will need applicants to provide all relevant information to inform their assessment. This will usually include enquiring into their accommodation history at least as far back as their last settled address, and the events that led to them being threatened with or becoming homeless. In order to establish intentional homelessness, it is the applicant who must deliberately have done or failed to do something which resulted in homelessness (or they must have acquiesced in that behaviour). For more information on intentional homelessness see Chapter 9.
26.24 In assessing whether an applicant is intentionally homeless, it will be necessary for the housing authority to give careful consideration to the circumstances of the applicant and the household, in each case, and with particular care in cases where violence has been alleged. To inform this assessment, housing authorities should consult with any relevant parties to obtain advice and information as to the applicant’s emotional and mental well-being, maturity and general ability to understand the impact of their actions, particularly at the time of the events in question including at the time any accommodation was fled, as well as any evidence of coercion.
26.25 When assessing intentional homelessness, applicants should be encouraged to share information, questions should be asked in a sensitive way and with an awareness that the applicant may be reluctant to disclose personal details where this may cause distress, or if they lack confidence that their circumstances will be understood and considered sympathetically. Housing authorities should ensure staff have sufficient skills and training to conduct assessments of applicants who may find it difficult to disclose their circumstances, including people who have a history of offending.
26.26 The prevention and relief duties owed to applicants who are eligible for assistance and homeless, or threatened with homelessness, apply irrespective of whether or not they may be considered to be homeless intentionally. Applicants who have a priority need, and whose homelessness has not been successfully relieved, are owed a lesser duty if they have become homeless intentionally than would be owed to them if they were homeless unintentionally. For further guidance on the accommodation duty owed to intentionally homeless applicants see Chapter 15.
Personalised housing plans
26.27 When developing a personalised housing plan the housing authority should be particularly sensitive to an applicant’s wishes and respectful of their judgement about the risk of violence. Applicants should be allowed sufficient time and space to absorb and understand the options available to them. For further guidance on assessments and personalised housing plans see Chapter 11.
26.28 The reasonable steps that a housing authority might take to help an applicant to retain or secure safe accommodation might include organising a managed transfer, arranging other security measures, or assistance to find alternative accommodation. Housing authorities may provide temporary accommodation whilst action is taken to exclude or to arrest and detain a perpetrator. Single people might also be assisted to access supported housing through the intervention of the housing authority.
Suitable accommodation
26.29 Where the housing authority has reason to believe the applicant may have priority need, housing authorities should be proactive in offering safe accommodation under the interim or relief duties without delay. There are then a number of potential long-term accommodation options for victims of violence, and housing authorities will need to consider which are most appropriate for each person on a case-by-case basis taking into account their circumstances and needs. The safety of the applicant and their household must be a primary consideration when determining the suitability of any alternative accommodation being offered.
26.30 Account will need to be taken of any social considerations relating to the applicant and their household that might affect the suitability of accommodation offered to them, including the locality of the risk of violence. In some cases, supported accommodation may be a suitable option, particularly for young people involved in violence living independently for the first time, or moving out of area and away from support networks. Equally, large, shared, supported accommodation options may be unsuitable where there is an increased risk of exploitation or harm, depending on the applicant and their circumstances.
26.31 Section 208(1) requires housing authorities to secure accommodation within their district, in so far as is reasonably practicable. However, in cases where a victim is at risk of violence in a particular locality, accommodation in that area is unlikely to be suitable. In such cases, there could be benefits for the applicant to being accommodated in a safe area outside of the district, for example, to help break links with previous contacts who could exert a negative influence, or to reduce the risk of violence. There may be multiple localities in which an applicant is unsafe and a robust assessment may be necessary. Housing authorities are encouraged to engage with regional probation teams, police or any other appropriate professionals to ensure placements are suitable. The applicant’s assessment as to where they feel safe should always be of key consideration.
26.32 Housing authorities will likely need to consider the need for accommodation that would not be found by the perpetrator (which may involve an out-of-borough placement), or may wish to consider accommodation which has security measures and appropriately trained staff to protect the occupants. Housing authorities should consider implementing a reciprocal agreement with other housing authorities and providers to facilitate out of area moves for applicants at risk of violence. For secure social housing tenants, housing authorities should work closely with registered providers to facilitate suitable transfer arrangements within the landlord’s existing stock, wherever possible.
26.33 Careful consideration should be given to applicants who may be at risk of witness intimidation. In some criminal cases the police may provide alternative accommodation for witnesses, but usually this will apply for the duration of the trial only. Witnesses may have had to give up their home or may feel unable to return to it when the trial has finished.
Interaction between modern slavery and violence
26.34 Modern slavery encompasses human trafficking and exploitation. Human trafficking is defined as the recruitment, movement, harbouring or receiving of children, women or men through the use of force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation. Exploitation can take many forms including sexual exploitation, forced labour or services, slavery, servitude, forced criminality or removal of organs. Modern Slavery is a crime under the Modern Slavery Act 2015. Such crimes often involve an imbalance of power between the abuser and the abused usually related to age, gender, cognitive ability, physical strength or access to money or other resources. Anyone can be a victim of modern slavery, irrespective of age, gender, nationality or ethnicity. Local authorities should pay due regard to the indicators of modern slavery for all applicants, and particularly in cases involving violence. The indicators can be found in the Modern Slavery Act 2015: statutory guidance for England and Wales. For further guidance on providing homelessness services in cases involving modern slavery see Chapter 25.
The Serious Violence Duty and support for victims
26.35 The Serious Violence Duty, introduced through the Police, Crime, Sentencing and Courts Act 2022, commenced on the 31 January 2023. The Duty requires specified authorities to collaborate and plan to prevent and reduce serious violence, including identifying the kinds of serious violence that occur in the area, the causes of that violence (so far as it is possible to do so), and to prepare and implement a strategy for preventing and reducing serious violence in the area.
26.36 The Serious Violence Duty is intended to generate better partnership working locally to further protect victims of serious violence. Local authorities, as bodies with responsibility for the delivery of vital services, and housing authorities, who will have responsibility to take steps to prevent victims from becoming homeless, will have an essential role to play in partnership arrangements.
26.37 The specified authorities within a local government area required to work together to prevent and reduce serious violence include the police, offender managers, probation services and youth offending teams, fire and rescue authorities, educational authorities, clinical commissioning groups and local housing authorities.
26.38 Housing officers should pay due regard to the Serious Violence Duty guidance and continue to work with the police and other key partners to reduce the risk of serious violence, including serious youth violence. This could involve, for example, participation in joint casework or attending multi-agency boards where appropriate. It is vitally important that services continue to work together with housing authorities to provide support for the household and victim of violence. For further information see the Serious Violence Duty statutory guidance.
26.39 In addition, in supporting victims of violence, housing authorities may wish to refer applicants to The Code of Practice for Victims of Crime in England and Wales, which sets out the services and standards that must be provided to victims of crime by service providers in England and Wales.