DOMESTIC ABUSE GUIDANCE: SUPPORTING PEOPLE & MULTI-AGENCY WORKING

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1 DOMESTIC ABUSE GUIDANCE: SUPPORTING PEOPLE & MULTI-AGENCY WORKING JULY

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3 CONTENTS 1. Introduction The Guidance in Strategic Context Purpose 2. Legislative and Policy Framework Definition 3. Who experiences Domestic Abuse? 4. Planning Services 5. Guidance Context 6. Statutory Homelessness Local Housing Authorities responsibility in relation to domestic abuse Summary of Duties Interim Duty to Accommodate Carrying out Inquiries Decisions Accommodation pending a Review 7. Cross Authority Arrangements 8. Overview of Accommodation and Support Provision Initial advice and access to accommodation and support Accessing advice and accommodation via refuge providers Accessing advice and accommodation via the local housing authority Accommodation Options Support Options Specialist Support Needs Accommodation and support in rural areas 9. Temporary Accommodation and Support Women s Refuges Specialist support provision with refuges 3

4 Homelessness Hostels Local Authority/RSL Temporary Accommodation Bed and Breakfast Hotels Meeting Children s Needs Floating Support & Outreach Services Permanent Resettlement and associated support Resettlement 10. Information Sharing and Protocols APPENDICES Appendix 1 Appendix 2 Appendix 3 Suggested components of an Information Sharing Protocol Overview of legal provisions relating to information sharing References 4

5 1. INTRODUCTION The guidance in Strategic Context 1.1 Domestic abuse is a major cause of family homelessness and has an adverse impact on family health and wellbeing; and is a major factor in child protection cases. 1.2 Making the Connections provides the underlying principles for the delivery of Welsh Assembly Government policies including this guidance, through partnership working and by putting the citizen at the heart of all services. 1.3 This guidance takes forward the Welsh Assembly Government s commitment to tackling Domestic Abuse, by protecting and supporting victims of domestic abuse and their children to maintain stable accommodation. 1.4 The Welsh Assembly Government s vision was set down in the All Wales National Strategy: Tackling Domestic Abuse a joint-agency approach (2005). The Strategy s primary objective is to provide the much-needed structural backbone to direct domestic abuse intervention across Wales. It aims to facilitate the development and implementation of a joined-up problem solving approach which addresses domestic abuse holistically. 1.5 The Minister for Social Justice and Regeneration s message was clear Domestic Abuse must not be tolerated in Wales on any level. I am determined to hold perpetrators accountable for what they do and I am committed to protecting and supporting the victims of domestic abuse. 1.6 The Strategy recognises that domestic abuse is a broad social policy issue, impacting on the health and well being of people. As a devolved function, housing plays a fundamental role in providing safe and secure accommodation for those experiencing domestic abuse, whilst providing a supportive environment in which to make informed decisions about the future. 1.7 The introduction of Supporting People in Wales on 1 April 2003 established a new funding and administrative framework for the provision of accommodation based support to vulnerable people including women escaping domestic abuse. Supporting People has done much to build on previous funding initiatives in developing services for people experiencing domestic abuse, however, we recognise the need to develop new and innovative services which can provide a wide range of housing and support options. It is envisaged that this guidance will provide assistance in improving existing services and encourage the promotion of good practice, as well as promote innovation in the provision of new services. 5

6 Purpose 1.8 This guide is intended to complement the National Domestic Abuse Strategy and has been written from a Supporting People perspective and is aimed at Supporting People teams and members of commissioning bodies; as well as organisations that provide services to this client group, and those considering doing so. It is also relevant to officers in housing and homelessness departments, including those with responsibility for developing domestic abuse and homelessness strategies. 1.9 The guide is designed to assist commissioning bodies to ensure that an appropriate range of support and accommodation is available for households experiencing domestic abuse and to encourage partnership working to ensure that, appropriate policies, procedures and practices are implemented. This should include protocols on information sharing which recognises the risks associated with shared information, but which strives to build relationships and trust between agencies The guide recognises that the provision of housing related support services for households experiencing domestic abuse must be closely tied in with the statutory responsibilities of local housing authorities under the homelessness legislation. 6

7 2. LEGISLATIVE & POLICY FRAMEWORK Definition 2.1 Domestic abuse has been defined in a number of ways. It is defined in family law and housing legislation as: Violence or threats of violence from an associated person. Associated person covers a range of relatives, present and former spouses, cohabitees, fiancés and other people who live or have lived in the same household (sic) (177, Housing Act 1996). 2.2 Multi-agency guidance issued by the Home Office, as part of the Living without Fear campaign states: The term domestic violence shall be understood to mean any violence between current of former partners in an intimate relationship, wherever and whenever the violence occurs. The violence may include physical, sexual, emotional or financial abuse (sic). 2.3 However the terminology of the Welsh National Strategy encompasses all forms of abuse and is therefore definitive. It states: Domestic Abuse is best described as the use of physical and/or emotional abuse or violence, including undermining of self confidence, sexual violence or the threat of violence, by a person who is or has been in a close relationship. Domestic abuse can go beyond actual physical violence. It can also involve emotional abuse, the destruction of a spouse s or partner s property, their isolation from friends, family or other potential sources of support, threats to others including children, control over access to money, personal items, food, transportation and the telephone, and stalking. It can also include violence perpetrated by a son, daughter or any other person who has a close or blood relationship with the victim/survivor. It can also include violence inflicted on, or witnessed by, children. The wide adverse effects of living with domestic abuse for children must be recognised as a child protection issue. The effects can be linked to poor education achievement, social exclusion and to juvenile crime, substance abuse, mental health problems and homelessness from running away. Domestic abuse is not a one-off occurrence; it is frequent and persistent. 2.4 The Domestic Violence Crime & Victims Act 2004 has seen a major overhaul of Domestic Abuse legislation and is supported by measures which enable arrest and restraining orders to be made. Courts making an occupation order under the Family Law Act 1996 will also need to 7

8 consider whether to issue a non-molestation order. 2.5 This legislative and policy framework will provide agencies who deal with victims of domestic abuse, the tools through which they can plan and provide effective and appropriate services, whilst ensuring that perpetrators are more likely to be brought to justice and prevented from instigating further harm. 2.6 It will also provide agencies and monitoring/regulatory bodies with a framework against which it can develop a monitoring process on the effectiveness and appropriateness of such services. 8

9 3. WHO EXPERIENCES DOMESTIC ABUSE? 3.1 Although both men and women are known to experience domestic abuse, it is recognised that the majority of victims are women (95%) and are more likely to experience repeat victimisation and postseparation abuse. They are also more likely to suffer injuries requiring medical attention and emotional harm as a result of domestic abuse. 3.2 Many women do not report abuse and often approach refuges/domestic abuse services after many years of abuse. It is acknowledged also, that men are likely to be under-represented in the statistics because men often do not report the abuse. Therefore the statistics are not necessarily an accurate reflection of the problem. 3.3 Nevertheless, in Wales, there are already a few services, which provide support to male victims of domestic abuse e.g. Project Dyn and The All Wales Helpline. However, given the introduction of civil partnerships for same sex couples, and the recognition that abuse between family members can affect young men as well as women, agencies will need to consider further the provision of housing and support for men experiencing domestic abuse as well as women. 3.4 People with disabilities and/or the elderly can be particularly vulnerable to abuse by close family members or carers. Agencies who work within the context of older persons accommodation will need to ensure that staff are appropriately trained in recognising signs of elder abuse or the abuse of people with disabilities/learning difficulties. Agencies should ensure that recruitment procedures are suitably robust for both paid staff and volunteers, and that all staff are subject to police checks and the POVA register Black and Asian Women and women from ethnic minorities may also face domestic abuse which can include honour crimes and other forms of abuse associated with different cultures. 3.6 BAWSO is the only BME housing and support provider to become an Accredited Support Provider (ASP) under the Assembly Government s Supporting People Revenue Grant accreditation scheme. They provide specialist support for black, Asian and women from ethnic minorities. A BAWSO service is able to provide facilities as well as support and counselling which are fundamental requisites to BME clients e.g. two kitchens (one for Halal food preparation). 3.7 In households where there is domestic abuse, 90% of children either witness the abuse or are in the next room. Children and young people 1 General Local authorities, Registered Social Landlords (RSLs) and other agencies should ensure that where maintenance staff or contractor staff are required to enter the homes of women, children and other vulnerable service users that they are either CRB checked or a comprehensive risk assessment is undertaken. 9

10 can, therefore, also experience domestic abuse either directly through abuse inflicted on them, or as witnesses. This can have an adverse effect on a child and must be recognised primarily as a child protection issue. All those who come into contact with children and families in their everyday work, including people who do not have a specific role in relation to child protection, have a duty to safeguard and promote the welfare of children. They also have a responsibility to ensure that appropriate links are in place to child protection protocols, and that staff are appropriately trained and contribute to/attend MARACs and case conferences. 3.8 Commissioners and providers of housing and support services will need to include as part of their provision, support and counselling for children when addressing child protection issues. This should include arrangements for addressing child protection issues if it is disclosed or recognised at a later stage. Further guidance on safeguarding children is referenced at the back of this guidance. 3.9 The housing and support needs of different client groups are explored in more detail further on, in this guidance. However, the aim of this section is to demonstrate the diversity of domestic abuse victims and that domestic abuse can take many forms. 10

11 4. PLANNING SERVICES 4.1 Each local authority has a Supporting People Planning Group (SPPG) whose core membership includes the Supporting People lead officer and senior officers or commissioning managers representing the Housing function, the Social Services function, the Health Service (LHB) and the Probation service. In addition, the SPPG may consider it appropriate to include membership of practitioners or support providers; or to receive presentations to supplement local data with regional or national data. 4.2 The SPPG is responsible for establishing the Supporting People Operational Plan (SPOP) which is the core document for establishing the Supporting People programme of services and acts as a revenue resource planning mechanism. 4.3 The SPPG should therefore ensure that its decisions are made in a transparent and open fashion and tackles negative perceptions of the planning process. It should also take into consideration representations made by individuals/organisations who understand what Supporting People funded services can achieve and who have experience of front line service delivery; and ensure that they are kept informed of decisions and processes. 4.4 It is the responsibility of the SPPG to ensure that all relevant strategic information relating to need is taken into consideration including links to other plans and services. Other plans will include: The Social Care Plan Health and Well Being Plan Local Housing Strategy Local Domestic Abuse strategy and Forum; and planning processes relating to provision of services to children and young people, child protection, homelessness, community safety and substance misuse. 4.5 The need for services should be determined by using data from the Needs Mapping Exercise (NME), supply mapping of current services and through consultation with local and regional service providers. The latter is particularly significant when considering joint commissioning arrangements for cross authority provision. 4.6 Planning of services will need to involve a variety of personnel including Homeless Strategy officers, housing management staff, Women s Aid and other providers, and police and probation services. 11

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13 5. Guidance 5.1 Whilst acknowledging that men can also experience domestic abuse, the vast majority of households who are forced to leave their homes due to domestic abuse are women, therefore the focus of provision and this guide, is women. 5.2 Nevertheless, although there may be some distinct differences between the housing and support needs of men and those of women, including within same-sex relationships; the underlying principles of good practice in such provision must be equally applied to men s services. This guidance should be understood to cover services for both men and women, however this guidance, is written from the perspective of women and children due to the fact that they represent the greatest majority of victims. Context 5.3 Women and children who have experienced domestic abuse have a range of support needs: the impact of domestic abuse on the health, social and economic wellbeing of women and children is far reaching. Domestic abuse may take place over a number of years and research has shown that levels of abuse escalate over time. On average, women are assaulted approximately 35 times by partners or ex partners before reporting the abuse to the police. In many cases, the only way to end the abuse is for women to leave the violent relationship. However, appropriate interventions, refuge (safety) and making the perpetrator accountable can all assist women to end the abuse. 5.4 The trauma of these experiences often mean that women need to spend time in supported accommodation before being ready to move to more independent accommodation. Settling into more independent accommodation often also necessitates support. Alternatively, all women should have the choice to remain in the family home, but will rely on the provision of both support and security measures to ensure they are safe and that this is a sustainable option. 5.5 Many households experiencing domestic abuse need housing related support, either to make it possible for them to remain safely in their own homes or, for those who cannot safely remain at home, to enable them to access and maintain safe alternative accommodation. 5.6 Women need to be informed and supported whilst deciding whether it is safe to remain at home or necessary to leave. This should include options for temporary storage of furniture and arrangements for boarding of family pets, as leaving pets behind can be an emotional issue for women and children. Women need information about the options available to them including a safety plan. This can help to 13

14 ensure their safety, although many women are forced to leave their homes in an unplanned way. Women leaving in such circumstances need swift direct access to alternative accommodation. Where the risks to safety are high, this accommodation will need to be at a secret location, will need security arrangements to ensure entry is controlled, and will need staff trained to provide appropriate emotional and practical support. Some women need to move away from their local area entirely as the only way of staying safe. This often may be at the cost of their support networks and causes disruption to children. Although others may wish to remain in order to maintain support networks, and minimise disruption to their lives and the lives of their children. 5.7 In many localities these needs are met by women s refuges, which offer the combination of a secret location, security and empathic staff, with the knowledge and understanding of the support needs of women and their children. Local women s refuges are part of a wider refuge network, which enables women and their children to be located away from the area they usually live in when necessary. Most of the refuge sector act as managing agents of housing associations and are members of Welsh Women s Aid, some are members of the Women s Aid Federation of England (WAFE) and one is directly managed by an RSL. 5.8 Many also benefit from being members of Cymorth Cymru which enables them to access good practice advice from across the housing related support sector. 5.9 However, refuges are not always popular because of the shared nature of the accommodation and for some, are seen as only a temporary crisis intervention i.e. in an emergency and whilst waiting for more suitable accommodation. When developing services Commissioners should be aware of the need to provide a balanced range of provision, this should include an understanding of how move-on from refuge accommodation can be achieved Women forced to leave their homes due to domestic abuse may be placed in other types of temporary accommodation. Support provision can be provided by on-site staff or by floating support services. Sometimes this accommodation may offer greater levels of independence than refuge provision, and may be accessed once women have had time to recover from the trauma of the abuse and are ready to move on from the refuge. If women do not choose refuge accommodation, commissioners and providers need to ensure women s safety by target hardening, through the provision of locks on doors and windows Multi-Agency Risk Assessment Committees (MARAC s) need to be involved in all aspect of commissioning, and as part of the service provision by ensuring that a safety plan is in place and is identified by 14

15 flagging on police computers. In the longer term, households forced to leave their homes and spend time in temporary accommodation will need permanent alternative accommodation. Floating support services can also assist with the process of resettlement into permanent accommodation An overview of the accommodation and support services, which can meet these needs, is contained in Section 8. The accommodation and support currently used by local housing authorities for households accepted as statutorily homeless is discussed in Section 9 of this guide. 15

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17 6. STATUTORY HOMELESSNESS Local housing authority responsibility in relation to domestic abuse. 6.1 Local housing authorities have statutory responsibilities under the Housing Act 1996 to ensure that suitable accommodation is available for homelessness applicants who are eligible for assistance, unintentionally homeless and with a priority need for accommodation. Among other criteria, applicants are defined as being homeless if it would be unreasonable for them to remain in their accommodation because they would be at risk of abuse from a partner or ex-partner or someone else with whom they have had a relationship an associated person. 6.2 It recognises the specific needs of people experiencing domestic abuse when local authorities assess whether they have a duty to accept households as statutorily homeless. 6.3 Part VII of the 1996 Act (revised by the Homelessness Act 2002) provides the legislative framework governing local authorities homelessness duties.these duties relate to the definition of homelessness set out in s175 of the Housing Act 1996, whereby a person is homeless if they have no accommodation which they can legally occupy or which it is reasonable for them to reside in due to safety considerations. The Welsh Assembly Government published a Code of Guidance for Local Authorities on the Allocation of Accommodation and Homelessness in 2003 to support local authorities in carrying out their statutory duties. This guidance forwards the following definition of homelessness: Where a person lacks accommodation or where their tenure is not secure. 6.4 Section 177 (1) of the 1996 Act specifies that it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic violence against him or her, or against a person who normally resides with him or her as a member of his or her family, or any other person who might reasonably be expected to reside with him or her. 6.5 A person has a priority need if he or she is vulnerable due to having to leave accommodation because of violence from another person, or threats of violence from another person which are likely to be carried out. A person fleeing domestic violence or threatened domestic violence is deemed to be in priority need. 6.6 When a homelessness application is received and the authority has 17

18 reason to believe that the applicant may be homeless or threatened with homelessness, it must make inquiries to satisfy itself whether the applicant is eligible for assistance; and what duty, if any, is owed to him or her under Part VII of the 1996 Act. In order to determine this, the authority will need to establish whether the applicant is homeless or threatened with homelessness, whether he or she became homeless, or threatened with homelessness, intentionally and whether he or she has a priority need for accommodation. 6.7 Summary of duties Where an applicant is intentionally homeless and does not have a priority need or is intentionally threatened with homelessness, the authority has a duty to assess needs and provide advice and assistance. Section 192(3) gives housing authorities a power to secure accommodation for applicants who are unintentionally homeless and do not have a priority need. In addition, s.192(9) gives housing authorities a power to take reasonable steps to ensure that accommodation does not cease to be available for applicants who are threatened with homelessness unintentionally and do not have a priority need. 6.8 Where an applicant is intentionally homeless and has a priority need for accommodation, the authority has a duty to secure accommodation for such period as will give the applicant a reasonable period to secure accommodation for him/herself, and will need to assess the needs of the applicant and provide advice and assistance in securing accommodation. 6.9 Where an applicant is threatened with homelessness unintentionally and has a priority need the authority must take reasonable steps to ensure that accommodation does not cease to be available. Where the applicant is unintentionally threatened with homelessness but has no priority need the authority will in addition to assessing the needs of the applicant and providing advice and assistance have a power to take reasonable steps to ensure that accommodation does not cease to be available for them. The effect of this is to require local authorities to seek to prevent homelessness where it is threatened Housing authorities have a duty to assess the needs of applicants who are unintentionally homeless and do not have a priority need and must provide them with advice and assistance. In addition, housing authorities have a power to secure accommodation for applicants who are unintentionally homeless and do not have a priority need The main homelessness duty will be owed to applicants deemed to be unintentionally homeless, eligible for assistance and have a priority need for accommodation. In this circumstance the local authority will have a duty under s.193(2) to secure that accommodation is available for occupation by the applicant. 18

19 6.12 Interim Duty to Accommodate If a housing authority has reason to believe that an applicant may be eligible for assistance, homeless and have a priority need, the authority will have an immediate duty under s.188 to ensure that suitable accommodation is available for the applicant (and his or her household) pending the completion of its inquiries and decision as to what duty, if any, is owed to the applicant under Part VII of the 1996 Act The s.188 interim duty applies even where the authority considers the applicant may not have a local connection with their area and may have one with another housing authority. Applicants cannot be referred to another housing authority unless the housing authority dealing with the application is satisfied that s.193 applies (i.e. the applicant is eligible for assistance, unintentionally homeless and has a priority need). Where an applicant is housed under the interim duty, the authority should seek to ensure the accommodation provided is suitable to meet the applicant s needs and where required that arrangements are made to provide support. A local authority cannot refer an applicant to another authority if they would be at risk of violence in that authority The s.188(1) interim duty ends once the housing authority has notified the applicant of its decision as to what duty, if any, is owed to him or her under Part 7, even if the applicant requests a review of the decision. Where, having completed their inquiries, the housing authority is satisfied that they are under no further duty to secure accommodation, they should give the applicant a reasonable period of notice to vacate the accommodation to enable him or her to make alternative accommodation arrangements for him/herself. The time allowed should be reasonable when judged against the circumstances of the applicant. Local authorities have a power to provide accommodation whilst a review is in progress Carrying out Inquiries The obligation to make inquiries, and satisfy itself whether a duty is owed, rests with the housing authority and it is not for applicants to "prove their case. Applicants should always be given the opportunity to explain their circumstances fully, particularly on matters that could lead to a decision against their interests, for example, a decision that an applicant is intentionally homeless. Local authorities should aim to complete their inquiries as quickly as possible and within 33 working days from the time it accepts a duty to make inquiries under s.184 of the 1996 Act, except in cases where exceptional circumstances apply or where the investigations cannot be concluded within that period; and should issue written decisions to the applicant within three working days of the completion of those inquiries. 19

20 6.16 The need for assistance can arise anytime, and the legislation assumes that authorities will operate on this basis. Authorities should therefore provide access at all times during normal office hours, and aim to have arrangements in place for 24 hour emergency cover, e.g. by enabling telephone access to an appropriate duty officer. This need not be the homelessness officer. The police and other relevant services will need to have any emergency phone number Under s.214, it is an offence for a person, knowingly or recklessly to make a false statement, or knowingly to withhold information, with intent to induce the authority to believe that he/she or another person is entitled to accommodation under Part 7. If, before the applicant receives notification of a decision, there is any change of facts material to his or her case, he or she must inform the housing authority of this as soon as possible. Housing authorities must ensure that all applicants are made aware of these obligations and that they are explained in ordinary language with access to a translator/interpreter if required. Housing authorities are advised to ensure that the obligations are conveyed sensitively to avoid intimidating applicants Section 177 provides that it is not reasonable for a person to continue to occupy accommodation if it is probable that this will lead to domestic or other violence against him or her, or against a person who normally resides with him or her as a member of his or her family, or any other person who might reasonably be expected to reside with him or her. Violence includes threats of violence from another person which are likely to be carried out. Inquiries into cases where violence is alleged will need careful handling. It is essential that inquiries do not provoke further violence. It is not advisable for the housing authority to approach the alleged perpetrator, since this could generate further violence, and may delay the assessment. Housing authorities may, however, wish to seek information from friends and relatives of the applicant, social services and the police, as appropriate. In some cases, corroborative evidence of actual or threatened violence may not be available, for example, because there were no adult witnesses and/or the applicant was too frightened or ashamed to report incidents to family, friends or the police. In many cases involving violence, the applicant may be in considerable distress and an officer trained in dealing with the particular circumstances should conduct the interview. Applicants should be given the option of being interviewed by an officer of the same sex if they so wish and confidential interviewing facilities should always be provided In cases where violence is a feature and the applicant may have a local connection elsewhere, the housing authority, in considering whether to notify another housing authority about a possible referral of the case, must be aware that s.198 provides that an applicant cannot be referred to another housing authority if he or she, or any person who might reasonably be expected to reside with him or her, would be at risk of 20

21 violence in the district of the other housing authority Decisions When a housing authority have completed their inquiries under s.184(1) and (2) of the 1996 Act, they must notify the applicant in writing of their decision explaining the reasons for the decision as to whether he or she is eligible for assistance and whether any duty is owed (and if so, which duty) under Part 7 and what, if anything, the authority will now do to assist the applicant.. Where the authority has decided to refer the applicant to another authority, they must also notify the applicant of this All notifications must inform applicants of their right to request a review of the housing authority s decision and the time within which such a request must be made. At this stage, it is also recommended that housing authorities explain the review procedures Where the applicant is found to be intentionally homeless but in priority need, the authority has a duty to provide accommodation for a reasonable period to enable them to secure alternative accommodation. In cases involving applicants who have children under 18 where the housing authority are satisfied that the applicant is ineligible for assistance, the housing authority must alert the social services authority, or social services department, as appropriate, to the case. Applicants should be invited to consent to social services being notified of the case, but in certain circumstances, for example, where the housing authority are concerned about the welfare of the child, they should disclose information about the case even where consent has not been given. Social Services have duties under the Children Act 1989 to assess children who may be in need, and to meet those needs where appropriate by helping them to secure accommodation Accommodation pending a review Where a review of a decision of a housing authority is requested under s.202, although there is no duty under s.188(1), under s.188(3) the housing authority has a discretionary power to provide accommodation pending the outcome of the review. Failure to consider exercising this discretionary power could be the subject of challenge by judicial review proceedings. Housing authorities are reminded that applicants have 21 days in which to request a review of a decision Supporting People officers will need to work closely with the relevant sections of housing departments to ensure that the support needs of households accepted as homeless because of domestic abuse are addressed. They should also consider appropriate support provision for households not accepted as homeless. 21

22 6.25 The Crime and Disorder Act 1998 placed a statutory requirement on local authorities to measure and reduce the level of domestic abuse in their local area, and to form partnerships to reduce all crime. Guidance on multi-agency working to tackle domestic abuse, Domestic Violence: Break the Chain Multi-Agency Guidance for Addressing Domestic Violence has also been published by the Home Office Local authorities are also required to develop Community Safety Plans through Local Strategic Partnerships to ensure that all agencies in an area are working to a clear plan to benefit the community. These activities can all feed into providing a picture of current service provision and gaps for those escaping from domestic abuse. They may also help to establish links with other needs or services, such as general women s advice services, or outreach services in rural areas, in order to aid the development and delivery of services in such areas. All local authorities have local Domestic Abuse Fora who link with Community Safety Partnerships in their function of tackling domestic abuse. All Fora have been expected to produce their own local strategies and action plans to facilitate this. 22

23 7. CROSS AUTHORITY ARRANGEMENTS 7.1 One of the crucial aspects of women s refuge provision is that it is part of a network co-ordinated by Welsh Women s Aid which enables women and their children to be re-located well away from their home location, where this is assessed as necessary in order to ensure their safety. 7.2 Supporting People policy recognises the importance of being able to place women and children outside their home locality. It is anticipated that access routes into such services will be all, or nearly all, non-host referrals, either structured or open access. A typical type of designated service would therefore be a women s refuge because they frequently provide accommodation for women from outside the local Commissioning body area. 7.3 However, commissioning bodies and those responsible for reviewing and monitoring such services will need to ensure that appropriate mechanisms are in place to adequately reflect the cross-authority and cross-country nature of the services. This must include mechanisms that enable the tracking of children i.e through a named health visitor, as homeless (transient) children can easily slip through the safety nets of social services, health, education etc (The Laming Report, 2003). 7.4 All local authorities involved in cross-authority service provision need to work in partnership at all levels to meet the needs of those escaping domestic abuse. 23

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25 8. OVERVIEW OF ACCOMMODATION AND SUPPORT PROVISION. 8.1 It is often a pattern for some women to leave and subsequently return to abusive relationships a number of times before making a final break. The possible stages that a household may go through includes: living in a violent relationship; seeking help to end the abuse (which may or may not involve having to leave the family home, whether shared with the perpetrator or not); leaving a violent relationship; an initial crisis period after leaving a violent relationship; a transitional period following the crisis : being re-housed, with an immediate period of resettlement following this: the longer term period following being re-housed away from the original family home, as abuse often continues post separation. 8.2 Commissioning bodies, providers and other agencies should work in partnership to develop a range of services for women experiencing domestic abuse which provides a holistic approach and is capable of providing women with the support and information, empowering them to make informed decisions and choices about their individual circumstances. This can include help with removal and resettlement, befriending, help in accessing schools and other facilities and drop-in services and advice surgeries. 8.3 At each of these stages, there is a role for support. Some is housing related support, but also community based support and support in relation to legal procedures. Some localities have dedicated or are developing One Stop Shops for the provision of such services. Initial advice and access to accommodation and support. 8.4 Women seek advice from a range of statutory and voluntary sector services. The response which a woman receives when first seeking advice or attempting to leave a violent relationship is a crucial determinant of how well she is able to make informed decisions about her future. Some localities have advice services, some of which are run by local women s groups, with many providing 24 hour advice, support and access to emergency accommodation. 8.5 When women experiencing domestic abuse access services in order to explore their options, those providing support and advice should make every effort to ensure the safety of women and children. In some instances this may mean securing the family home for the woman and her children, and excluding the perpetrator if necessary. In other cases, a woman may feel that her safety cannot be assured by remaining in her current accommodation, and so a planned move to a place of safety is essential. In Wales there is a national helpline 25

26 telephone: , which provides a 24 hour service (from October 2006). 8.6 Women experiencing domestic abuse have a wide range of other issues to consider beyond their housing related support needs. It is therefore important for Supporting People teams to ensure good interagency working not only with housing and Homelessness Departments, but also social services, the Police, Community Safety Partnerships voluntary sector organisations and those responsible for providing legal and other advice and support. Accessing advice and accommodation via refuge providers. 8.7 The majority of refuge providers have a Direct Access status, which allows people to access accommodation and services 24 hours a day and are emergency, crisis accommodation. Self-referrals are accepted, as well as referrals via other agencies such as social services and the police, other local domestic abuse helplines, the Wales Domestic Abuse Helpline telephone and the Women s Aid National Helpline telephone (Welsh Women s Aid is the national co-ordinating body for refuge providers.) 8.8 When women contact a refuge by telephone, staff conduct an immediate risk assessment and will usually explore whether a refuge placement is appropriate. This will include obtaining details of any children in the household and making informal assessments regarding any specialist support needs, such as drug or alcohol problems, mental health problems and disabilities, in order to ensure that appropriate referrals are made. Following successful referral, a refuge worker will, for instance, arrange to meet the client at a safe location, and then take her to the refuge. There is however, a very high drop out rate at this stage, and it is common for women to fail to turn up to this appointment. This may be for various reasons: women may have second thoughts, there is high risk associated with leaving, and may be prevented from leaving by the perpetrator. In some cases, inappropriate referrals may have been made by other agencies when in fact, the woman may not wish to leave her home at this time or do not feel safe to. 8.9 The value of using refuges and advice services which specialise in domestic abuse, as the initial point of contact for advice and support, lies primarily in the provision of specially trained staff who are able to provide sensitive support, delivered in a way which empowers women. This includes both providing them with the information in order to make informed choices and the support to assist them in making those choices. In addition, refuge workers are able to facilitate access to other agencies offering specialist provision such as counselling or mental health services. 26

27 8.10 Access to health services generally is very important for women and children and the Assembly Government is currently developing a protocol to ensure access to health services for women and children in refuges Refuges are also able to provide realistic information about options following refuge placement, and should help women make informed choices including making a housing or homelessness application to a local housing authority, if none has been made already. Accessing advice and accommodation via the local housing authority 8.11 Many women also approach their local housing authority for advice; this may especially be the case if they are living in local authority housing, or if unable to or unwilling to access specialist domestic abuse services. Local authorities should ensure that all staff providing housing advice and/or front line services are trained to provide accurate advice and informed choices including the completion of homeless applications It is extremely important that people fleeing domestic abuse who require emergency accommodation are able to contact their local authority 24 hours a day and that the arrangements for such contact are widely known. There are a number of approaches to providing the service outside of office opening hours Most local authorities provide an out-of-hours service through their Homelessness Department. In some cases, the social services emergency duty team may provide this service; in other authorities, voluntary organisations are contracted to provide such services (e.g. Careline in Caerphilly) The main strength of a local 24-hour service is that it can provide an immediate response to a request for help at the major crisis point of leaving the violent relationship. The success of this response depends on those who are staffing the 24-hour service having the knowledge and skills to deal appropriately with the woman s needs and refer her to appropriate support and accommodation. For example, an out-of hours service provided by a countywide Social Services emergency duty team might cover large geographical areas and find it difficult to have local knowledge of each area. However, a guide to services for those escaping domestic abuse in each local authority may overcome this potential weakness However the All Wales Helpline provides an immediate response to a request for help and is an important resource for those in crisis. 27

28 Accommodation options Women seek advice because they are unsafe in the home due to domestic abuse and there is a range of options, which should be explored. Commissioners and providers of services need to acknowledge that in many cases, the perpetrator may not live in the family home, but legitimately or unofficially visit the family home and continue the abuse. What is feasible depends upon the woman s individual circumstances and her wishes at the time of seeking advice. These options can include: remaining in the family home with the domestic abuse perpetrator; remaining in the family home having removed the perpetrator, or taking measures to ensure the protection of the woman in her own home; staying in temporary accommodation prior to either returning to the family home and to the perpetrator, OR returning to the family home but without the perpetrator, OR leaving the family home by securing permanent housing elsewhere, for example from a local authority or RSL, in the privately rented sector, or by buying a property Local housing authorities can take practical steps to make it possible for a woman to remain in or return to her home, if that is her preference, by securing her original property. This can include local target hardening schemes (e.g. Gwent Bobby Van scheme, Safer Cardiff) which will fit additional safety locks to doors and windows; or where there is high risk, through the involvement of MARAC s Where accommodation is rented, payment of Housing Benefit can be made on both the original property and on temporary accommodation according to the provisions in the housing benefit regulations (Housing Benefit (General) Regulations 1987) Authorities can make provision for a woman s possessions to be retrieved from the property she has had to leave and put into storage if necessary. This should include accessing fostering/kennelling services for pets and; arranging the provision of floating/other support services and security devices as appropriate If a woman has no option but to leave her home because of the risk of further abuse, she needs to be given time to assess her situation before making any further decisions. A period in safe, secure and appropriate temporary accommodation can be a positive experience, provide respite and advice and support. However, unless agencies work together in providing a co-ordinated support network and access to a full range of support and accommodation options, women will not be able to make informed choices about their future. 28

29 8.21 A range of temporary accommodation is used by local housing authorities while they are assessing homelessness and for households who are accepted as homeless as the result of domestic abuse. The main types of accommodation used are local authority and RSL accommodation (let on a temporary basis or leased from private landlords), women s refuges, hostels, bed and breakfast accommodation, and privately rented accommodation, as well as friends and relatives. It should be noted that whilst these different types of accommodation are all currently used, there are limitations to the use of certain types of accommodation for households experiencing domestic abuse. This guide aims to indicate how the provision of appropriate support can complement the provision of accommodation particularly temporary accommodation in order to ensure a more appropriate response to the needs of such households. Support options 8.22 In addition to on site support staffing in refuges and hostels, floating support services can be provided to assist women to remain in their own homes, in temporary accommodation, and to assist them to settle in alternative permanent accommodation (resettlement support). Specialist support needs 8.23 In addition to the housing related support already discussed, many women require services which are considered specialised, tailored to meet additional needs, such as for women with physical disabilities, mental health problems, learning disabilities and substance misuse problems. There may also be a need for accessible accommodation and services for physically disabled women, children and young people Some or most refuges do not take older teenage males, with many refusing those who have reached their 16 th birthday. Agencies supporting women with older male children will need to check the access rules of refuges in their referral area and where older teenage males are not accepted, assist in finding alternative appropriate accommodation There are relatively few refuges and services specifically designed to meet the needs of black and Asian women, and women from ethnic minorities. Yet many of these women are likely to need specialist services, including staff who speak relevant languages or access to interpreters, as well as having a shared understanding of cultural, racial or religious issues which may affect support needs. Women from some ethnic minorities may be more likely to need greater support in dealing with statutory agencies, and in accessing other specialist services. 29

30 8.26 BME women face racism and may in addition, experience alienation or rejection from their own communities, particularly if domestic abuse, separation or divorce are stigmatised. They are often less aware of the availability of refuges and support services and how to access them, and therefore endure domestic abuse for longer and in total isolation There is a particularly important need for specialist refuges for black, Asian and women for ethnic minorities to accommodate women from outside their immediate locality, as these women may have difficulties accessing specialist services anonymously if forced to remain in their local area. This threatens their safety and just like any other victim, if their whereabouts are known, they may be subject to strong pressures to return to the perpetrator of the abuse BAWSO is an Accredited Support Provider (ASP) which specialises in providing services to BME women Refuges for black, Asian and ethnic minority women may be particularly likely to provide support to women affected by immigration restrictions, including women from outside the European Union whose immigration status is either subject to the 1 year rule or has not been confirmed. Many women subject to immigration regulations are prohibited from receiving public funds, which includes accessing welfare benefits such as Income Support or Housing Benefit and funding under the Supporting People programme. This can make it even more difficult for women to access support services. Accommodation and support in rural areas 8.30 Meeting accommodation and support needs in rural areas poses a particular challenge in cases of domestic abuse, as there is great concern about women being able to access support if they live in isolated environments Furthermore, confidentiality is a particularly crucial issue in these areas, where the perpetrator may be well known in the locality and able to access official information on the whereabouts of his former partner or family A further problem in rural areas is the difficulties experienced when women have to move from an urban area into a rural setting. Providers of services in rural areas face a significant problem, as women accessing these services can feel isolated and face language/cultural barriers and a lack of support networks In recognition of the difficulties faced by women in rural areas, accessible information about domestic abuse services and helpline needs to be placed in areas where women already go alone and can get to public transport. Information can be provided in a systematic way, so that women do not have to ask for it, for instance on the back 30