Housing Bill: Domestic abuse legislation commitment ‘a big step forward’

Housing Bill: Domestic abuse legislation commitment 'a big step forward'

The Glasgow and West of Scotland Forum of Housing Associations (GWSF) has welcomed housing secretary Máiri McAllan’s commitment to implement the 2021 legislation on removing a domestic abuse perpetrator from a joint tenancy by Christmas.

During Stage 3 consideration of the Housing Bill on Tuesday, the Parliament considered an amendment from Scottish Labour MSP Katy Clark, which would have compelled the Scottish Government to commence Section 22 of the Domestic Abuse (Protection) (Scotland) Act 2021 within 12 months.

The cabinet secretary responded by saying that whilst she could not back this as another part of the same amendment was not acceptable, she would commit to introducing the 2021 provisions by Christmas.

The main aim of the 2021 legislation was to enable a social landlord to intervene on behalf of a woman experiencing domestic abuse by ending the perpetrator’s interest in the joint tenancy, where the woman wanted to remain in the home.

GWSF director David Bookbinder said: “The commitment from the cabinet secretary is incredibly welcome. Our member associations have always been keen to play their part in addressing domestic abuse, but have generally had very limited powers. In practical terms, this 2021 legislation is probably more significant for our members than what’s in the current bill.

“It has never been made clear why it has been taking so long to bring this measure into force. We know it won’t help in every case, but where a woman (and children in many cases) wants to stay in their home, the measure can substantially reduce the risk of homelessness, with domestic abuse being the leading cause of homelessness for women in Scotland.

“Specifically, the cabinet secretary committed to ‘laying regulations’ by Christmas. This could mean the regulations may specify a later date at which the provisions come into force, but we very much hope there’ll be little or no further delay in commencing this important power.”

Measures that were approved as part of the bill will also update the definition of domestic abuse in housing legislation and force social landlords to set out a policy to support tenants at risk of homelessness because of domestic abuse.

Yesterday, CIH Scotland national director Callum Chomczuk described the introduction of this duty as “a significant step towards addressing domestic abuse”, the main cause of homelessness for women, adding that the amendment to the Scottish Social Housing Charter (SSHC) to ensure support is provided by social landlords for victims of domestic abuse will help realise this.

He said: “Our research has shown that the presence of a domestic abuse policy alone does not necessarily lead to better outcomes. Social landlords need the right policies and a focus on improving housing outcomes. The combination of a mandatory domestic abuse policy and requirements under the Scottish Social Housing Charter will help victims make the choices that suit them, whether that is to stay in their existing home or to move to somewhere they feel safer.”

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