Domestic Abuse Policy

Our vision

Our Housing Service vision is that all homes in East Suffolk are safe, suitable, and sustainable, in communities where residents are proud to live.

This vision supports the Sustainable Housing theme in the Council’s Corporate Strategy: Our Direction 2028.

Equality and diversity statement

East Suffolk Council is intent on ensuring people or communities do not face discrimination or social exclusion due to any of the following protected characteristics: age; disability; sex; marriage and civil partnership; race; religion or belief; sexual orientation; gender reassignment; pregnancy and maternity, and socio-economic deprivation.

This document complies with the Council’s equality and diversity policy.

Introduction

1.1. East Suffolk Council is committed to ensuring the safety and wellbeing of all residents and employees in the district. Domestic abuse is a serious issue affecting individuals and families across all communities. This Policy sets out how East Suffolk Council will assist, support and protect any person approaching the Council to report that they have been a victim of domestic abuse.

1.2. This policy was created to reinforce East Suffolk Council’s organisational culture; where it is understood that anyone can experience domestic abuse. We aim to provide a supportive response that helps reduce risk and enhance safety and will do this by leading a culture that takes the subject seriously, with staff who have a positive, non-judgemental attitude and can recognise and respond to domestic abuse as well as support those affected.

1.3. We recognise that a large proportion of East Suffolk Council employees, contractors and those working on behalf of East Suffolk Council, are in regular contact with residents across the district, either on the telephone, in our offices or in their homes, and are in a position where they may be able to identify signs of domestic abuse and offer appropriate help.

1.4. East Suffolk Council is committed to supporting residents who are affected by domestic abuse and prevent further incidents by encouraging earlier reporting and responding to any disclosures promptly and sensitively.

1.5. This policy outlines East Suffolk Council’s approach to preventing, identifying, and responding to domestic abuse as well as supporting victims and holding perpetrators accountable whilst offering the required support and referrals.

1.6. For the purposes of this policy, the statutory definition of abuse applies and incorporates behaviours of violence as well as other forms of abuse, including economic abuse and coercive control.

1.7. This policy applies to all East Suffolk Council tenants, leaseholders, temporary licensees, and occupants. The policy also applies to all employees of East Suffolk Council.

1.8. policy would use the terminology used in the domestic abuse act 2021 and by the Domestic Abuse Housing Alliance (DAHA). We refer to a victim of domestic abuse as a person who remains in the relationship with the perpetrator. Survivor referrers to a previous victim who is no longer in the relationship with the perpetrator.

Purpose of the policy

To define East Suffolk Council’s role in addressing domestic abuse.
To set out the procedures for supporting victims and referring to appropriate services.
To provide guidance and training to staff on recognising and responding to domestic abuse.
To ensure compliance with the Domestic Abuse Act 2021 and related safeguarding legislation and processes.
To ensure that anyone affected by domestic abuse can access appropriate support as a matter of priority.
To ensure that where children or young people are affected by domestic abuse, they too have access to services as soon as possible.
To signpost victims to where they can access help with the use of civil and criminal laws, to offer them protection and to prevent further abuse.
To signpost perpetrators of domestic abuse to agencies who can offer them support, in order to prevent the abuse reoccurring.
To support victims to make decisions around their housing needs, whether they wish to remain in their home or to move to a new home.

Scope

3.1. This policy applies to:

All employees of East Suffolk District Council.
All elected members.
Contractors and partners working on behalf of East Suffolk Council.
Residents and service users that may be affected by domestic abuse regardless of their housing situation or protected characteristics.

Definition of domestic abuse

4.1. In accordance with the Domestic Abuse Act 2021, domestic abuse is defined as:

Any incident or pattern of incidents of controlling, coercive, threatening, degrading and violent behaviour, including sexual violence, in those aged 16 or over who are, or have been, intimate partners that are personally connected through an intimate relationship, or family members regardless of gender or sexuality.

This includes, but is not limited to:

Physical abuse
Emotional or psychological abuse
Sexual abuse
Financial or economic abuse
Controlling and coercive behaviour
Digital or online abuse
Honour based violence, forced marriage, and female genital mutilation (FGM)

4.2. Controlling behaviour is a range of acts designed to make a person subordinate and/or dependant on the perpetrator by isolating them from sources of support, exploiting their resources, depriving them of the means needed for independence and behaviours that are used to punish, harm, frighten their victim and/or regulate their everyday behaviour.

4.3. Coercive behaviour is defined as an act, or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm or punish their victim.

4.4. Coercive and controlling behaviour is defined under section 76 of the Serious Crime Act 2015 as causing someone to fear that violence will be used against them on at least two occasions or causing serious alarm or distress that has a substantial effect on their usual day to day activities.

4.5. Economic abuse involves behaviours that interfere with an individual's ability to acquire and maintain economic resources, such as money, transportation, and utilities. It can be controlling and coercive, causing a victim to be isolated, dependant on their abuser and limit their ability to escape and access safety.

4.6. Harassment is a crime involving behaviour that takes place more than once and the perpetrators actions must have an unwanted effect on the victim. Under the Protection from Harassment Act 1997 (amended in 2012 to include stalking – s2A and 4A – Stalking Protection Act 2019), it is an offence for a person to pursue a course of conduct that amounts to harassment of another person, and that they know (or ought to know) amounts to harassment. The Act defines harassment and states: “References to harassing a person include alarming the person or causing the person distress.” A ‘course of conduct` in the case of harassment of a single person must involve conduct on at least two occasions.

4.7. Stalking is a pattern of persistent and unwanted attention that can cause the victim to feel pestered, scared, anxious and harassed. Some examples of this behaviour are:

unwanted communication (e.g. texts, phone calls, emails)
unwanted gifts
damage to property
following or spying
threats

There is no specific legal definition of stalking. However, it is helpful to know that in cases of stalking there is a pattern of unwanted, fixated, and obsessive behaviour which is intrusive. It can include harassment that amounts to stalking or stalking that causes fear of violence or serious alarm or distress.

Whilst these acts may seem insignificant, when they are persistent, unwanted, and consistent, it can be frightening and upsetting for victims. It is important to note that stalking is a criminal offence.

4.8. We determine that violence against women and girls refers to the following range of serious crimes that are predominately, but not exclusively, experienced by women and girls: domestic violence and abuse; sexual offences; stalking; honour-based, forced marriage, prostitution, and trafficking for sexual exploitation.

Children as victims of domestic abuse

5.1. A child is a person under the age of 18 years and is related to a person if they are their parent, or if they have parental responsibility for the child as stated in the Child Act 1987 and the Family Law Act 1996.

5.2. The Act recognises children under the age of 18 years who see, or hear, or experience the effects of the abuse, as a victim of domestic abuse if they are related or have a parental relationship to the adult victim or perpetrator of the abuse. Familial abuse refers to where the parent/victim is over the age of 16 years but the child displaying that behaviour is under that age.

5.3. It is important to recognise that whilst the Act sets out the criteria for domestic abuse, violence in relationships can take place outside of the accepted definitions, and how some survivors are hidden from services.

5.4. Children living in households with domestic abuse will always require safeguarding and will be referred to children's services in all cases. Our approach to safeguarding aims to reduce the risk of harm to children who are experiencing or at risk of abuse or neglect.

5.5. The children's act 1989 states that the child's welfare is paramount and that every child has the right to protection from significant harm.

5.6. The domestic abuse Act 2021 revised the definition of domestic abuse which recognises children as victims. This is anyone under the age of 18 who sees hears or experiences the effects of domestic abuse and is related to the victim or perpetrator.

Action against perpetrators

6.1. East Suffolk Council has a zero-tolerance approach against anyone who is found to be perpetrating domestic abuse. Where the perpetrator is an East Suffolk Council tenant, this is a clear breach of tenancy in addition to the crime being committed. This may result in enforcement action, such as Possession Proceedings. East Suffolk Council will use the appropriate tools to sanction and, where possible, support perpetrators. Where the perpetrator is not an East Suffolk Council tenant, another agency or service may be best placed to act, such as the police or the victim themselves.

6.2. East Suffolk Council recognises that perpetrators may have their own vulnerabilities and support needs, and we will assess this at the earliest opportunity. When considering any enforcement action, we will endeavour to undertake a proportionality assessment to ensure any action we take is both necessary and proportionate and consider any other available options. With enforcement proceedings, we will pay due regard to the Human Rights Act and the Equalities Act 2010.

Where support needs are identified, East Suffolk Council will work with the perpetrator, or signpost to the appropriate agency, to break the cycle of abuse.

6.3. When supporting someone experiencing abuse, East Suffolk Council will take account of their wishes and not assume that they wish the matter to be reported to the police or that they want a shared living arrangement to end.

6.4. If the victim wishes to remain with the perpetrator, any decisions around support will be based on the specific risks associated with the situation. The Housing team supporting, where appropriate complete a risk assessment (for which they have received training) to determine what risk the perpetrator poses to the victim, to ensure that the appropriate safety plan is in place. They will also refer to specialist domestic abuse services where the victim agrees with this.

6.5. Where it is appropriate for enforcement action to be taken (for example, reporting to the Police or action involving a tenancy), East Suffolk Council staff will do so.

6.6. There is no blanket policy to prevent perpetrators from accessing social housing via the Gateway to Homechoice lettings scheme, although the policy does allow exclusions based on behaviour where this is not being addressed.

6.7. Where counter allegations of harm exist, East Suffolk Council will work with specialist domestic abuse and partner agencies to identify the primary perpetrator and to ensure support is provided to the victim.

6.8. East Suffolk Council will work to rehouse perpetrators through a variety of housing options, if this is considered an appropriate response, to allow victims and children to stay in their property if this is their preference.

East Suffolk Council responsibilities

7.1. East Suffolk Council will promote awareness and understanding of domestic abuse among staff and residents. It will support multi-agency working through the local Community Safety Partnership and the Multi-Agency Risk Assessment Conferences (MARAC).

7.2. In addition, East Suffolk Council is committed to provide training and resources for staff to identify and respond to domestic abuse proactively and without delay. This will be by offering appropriate signposting and referrals to specialist’s domestic abuse services.

7.3. East Suffolk Council will use its housing powers to protect and support victims (e.g. offer of secure tenancies and target hardening). The Council relies on the support from Suffolk County Council when it comes to privately rented properties and any safety enhancements but can assist with measures when supporting own tenants. Risk assessments will be conducted on a case-by-case basis with the support from key partners such as Suffolk Police and the Independent Domestic Violence Advisor working with the victim. These measures will be considered for cases assessed as high risk under MARAC. In addition, East Suffolk Council will ensure to support employees who may be victims or perpetrators, ensuring appropriate action is taken in line with HR policies.

7.4. East Suffolk Council will ensure that our frontline staff receive the appropriate level of ongoing training as necessary to ensure that they identify, assess, refer for support and manage domestic abuse cases.

7.5. East Suffolk Council will take a victim-centred approach to those experiencing domestic abuse and will always make the safety, dignity, and well-being of the person the priority.

7.6. Each case will be different; we will always place an individual’s needs at the forefront of any support we provide. This will include needs arising from the survivor/victim/perpetrator possessing one or more of the nine protected characteristics of the Equality Act 2010 or our tenth local protected characteristic of socio-economic deprivation in addition to any other additional needs for example, physical, emotional and or mental health needs they may have.

7.7. There is no single criminal offence of Domestic abuse. The different acts of abuse are what are considered to be a criminal offence. We will encourage people to report abuse to the Police, whether they are the victim, or a witness. There is no need to report incidents to the Police, to receive ongoing support from East Suffolk Council. However, in an emergency the Police should always be called by phoning 999.

7.8. East Suffolk Council can also refer domestic abuse victims to courses, such as the Freedom Programme, which examines the roles played by attitudes and beliefs on the actions of abusive perpetrators and the responses of victims and survivors. The aim is to help them to make sense of and understand what has happened to them.

7.9. Where a victim can no longer stay in their home because it is unreasonable for them to continue to occupy, if it is probable that this will lead to domestic abuse or other violence taking place, we will offer advice and support on their housing options.

7.10. Where survivors wish to remain in their home, we will provide advice and guidance on how to manage tenancies, security measures, such as the Sanctuary Scheme, provide additional security, such as lock changes, additional lighting and referrals to agencies who provide Ring Doorbells. We will signpost to specialist agencies where appropriate.

Closure of the case will be agreed with the victim unless the victim is no longer engaging. In this case, any other agencies working with the victim will be notified.

Safeguarding

8.1. We recognise that victims of domestic abuse may be vulnerable for a variety of reasons and that this can change multiple times during a case.

8.2. We will ensure that we complete a risk assessment based upon the latest guidance and best practice using the DASH checklist. This may be carried out by a trained member of East Suffolk Council staff, or by another agency, depending on who is best placed to complete it.

8.3. Where a DASH assessment identifies that a case meets the threshold for the MARAC, it will be referred.

8.4. In situations where there are clear safeguarding concerns, we have a statutory duty to share information, and where necessary, complete a safeguarding referral. We will ensure that where there are children involved, a safeguarding referral to Suffolk County Council’s Children’s Services is made.

8.5. A significant number of adults who experience domestic abuse in some form will also require safeguarding in accordance with the Care Act 2014. If domestic abuse is an isolated issue and there are no other safeguarding concerns East Suffolk Council will support the individual / family through the relevant policy and procedure.

8.6. If an individual experiencing domestic abuse has care and support needs relating to their physical or mental health, then an adult safeguarding referral should also be made in accordance with the Care Act 2014. East Suffolk Council acknowledges that there are strong, evidenced based links between domestic abuse and child abuse.

8.7. Exposure to domestic abuse is always detrimental to children, although the impacts may vary. Children exposed to abuse at home may be affected by physical and/or emotional abuse, neglect, and ongoing psychological damage. Where children are present within a domestic abuse scenario our staff will always make the relevant Child safeguarding referrals to ensure any children are adequately protected.

Staff roles and responsibilities

Be vigilant and report any concerns of domestic abuse
Follow Suffolk Safeguarding Partnership/East Suffolk Council safeguarding procedures
Treat disclosures with sensitivity, respect and confidentiality

9.1. East Suffolk Council aims to provide a safe and supportive workplace for all employees, especially those experiencing domestic abuse. We recognise that when employers demonstrate that they are aware of domestic abuse, and advise staff of the support that is available, it can help to break down the wall of silence that prevents many from seeking help.

Manager responsibilities

Support staff experiencing domestic abuse, signposting to HR and relevant support services.
Embed a trauma-informed and survivor-centred approach.
Coordinate the organization’s response to domestic abuse, ensuring consistency across departments.
Align the policy with wider safeguarding, HR, and equality policies.
Design, deliver or commission training for staff to recognise and respond appropriately to domestic abuse.
Ensure officers and frontline staff are confident in signposting to support services.
Support the development of safety plans and referrals to MARAC.
Monitor implementation and compliance with the policy.
Gather and analyse data on domestic abuse cases, outcomes, and referrals.
Ensure organizational culture actively challenges abuse and supports survivors.

Support for victims/perpetrators

11.1 East Suffolk Council will ensure that victims are treated with dignity and respect. Confidentiality will be maintained where appropriate unless risk necessitates disclosure. East Suffolk Council will offer pathways to local domestic abuse support services ensuring that victims can access housing advice, welfare support and community services.

11.2. East Suffolk Council will prioritise safety planning in particular with cases where a high risk has been identified.

11.3. East Suffolk Council does not condone domestic abuse of any form; however, perpetrators will be referred to behavioural change programmes delivered by Suffolk Police as appropriate.

11.4. Legal action, tenancy enforcement, or partnership referrals may be used in line with safeguarding and public protection duties.

Partnership working and multi-agency approach

12.1. We recognise that when an individual experiences domestic abuse, many other agencies may be involved in their care. We recognise that a co-ordinated response is essential to effective support for victims and survivors. We work in collaboration with relevant agencies when responding to incidents of domestic abuse, to ensure that perpetrators are held accountable.

Examples of other partners include (but are not limited to):

Specialist domestic abuse support agencies
Independent Domestic-Based Violence Advocates (IDVAs)
Legal advisory services
Victim support services
Education
Social Care
Learning Disabilities Partnership
Romany and Traveller Liaison Officers (where required)
The Police
Other housing partners

12.3. East Suffolk Council is a member of the Domestic Abuse Forum helping to inform good practice across the district.

12.4. East Suffolk Council is an active partner of MARAC which facilitates, monitors, and evaluates effective information sharing to enable appropriate actions to be taken to increase the safety of victims. MARAC combines up to date risk assessments and links them to a risk management plan and the provision of services appropriate to those involved in domestic abuse, victim, children, and perpetrator.

12.5. Partnership groups which help address domestic abuse include:

Suffolk Adult Safeguarding Board
Multi Agency Public Protection Arrangements (MAPPA)
Multi-Agency Risk Assessment Conference (MARAC)
Suffolk County Council Domestic Abuse Related Death Reviews.
Suffolk Children’s Safeguarding Board
The Domestic Abuse Housing Alliance (DAHA)

13.1. We will capture feedback on cases of domestic abuse to ensure that we can continue to improve our service and that it meets the needs of those accessing it.

13.2. Information will be shared on a need-to-know basis only. Staff must comply with the General Data Protection Regulation (GDPR) and East Suffolk Council’s Data Protection Policy.

13.3. East Suffolk Council will only share information with other agencies with the consent of the person experiencing any domestic abuse, or if:

The information is required for the protection of children.
We are required by law to share the information.
There are legal reasons to protect a person without capacity.

Equality and diversity

14.1. East Suffolk Council will meet the needs and choices of customers from all backgrounds taking into consideration age, disability, sex, gender reassignment, race, religion, and sexual orientation. We will understand and consider cultural implications and the barriers to reporting domestic abuse.

14.2. We will ensure that all sections of our communities can have equal access to our services. An equality impact assessment process was carried out for this policy, and it identified positive impacts for the following protected characteristics: Age, Disability, Race, Pregnancy and Maternity, Religion or Belief, Gender Reassignment, Sex and Sexual Orientation.

14.3. East Suffolk Council aims to provide homes and services that meet the diverse needs of customers. We believe that all customers should be able to access housing, support, and care services with the same ease and that the quality of our service is the same high standard for all.

Housing options

15.1. We recognise the importance of the ‘Whole Housing Approach’ and to ensuring access to a range of housing options and initiatives which give choice to people experiencing domestic abuse in relation to relocation or remaining in their existing accommodation.

15.2. As outlined above, housing staff receive enhanced domestic abuse training and are also trained in completing DASH risk assessments. They will offer meaningful advice and assistance to support those experiencing domestic abuse to identify possible ways of resolving their housing situation. In the event that the victim cannot remain in their own home, East Suffolk Council may explore different housing pathways such as Refuge or Satellite domestic abuse safe accommodation, emergency accommodation, the Council’s Choice Base Lettings Scheme Allocations Policy, Private Sector accommodation or reciprocal arrangements with another Local Authority.

15.3. East Suffolk Council can offer financial support to eligible applicants and provide support with mutual exchange providing these are safe options. Each case will be assessed on an individual basis, including consideration of the risks. Where appropriate, specialist advice, for example from the Independent Domestic Violence Advisory (IDVA) Service will be sought.

Joint/Sole tenancies

16.1. In situations of domestic abuse between joint tenants, the landlord is unable to remove a person’s name from the tenancy without their consent. In addition, the landlord cannot change the locks to the property without a Court Order as this would constitute an illegal eviction. This means that the tenancy is unable to be assigned to either party, although we can offer advice.

16.2. Where requests are made to add any party as a joint tenant, the council will make all reasonable efforts to assess whether there is coercion and control or any other risk to the tenant from the party wishing to become a joint tenant. The council reserves the right to refuse a joint tenancy request on this basis.

16.3. In these circumstances the victim can apply for an occupation order or for a court order to transfer the tenancy into their sole name. We encourage the victim to obtain independent legal advice on how best to proceed.

16.4. If a victim has a secure tenancy (not a fixed-term tenancy, as both tenants are required to give notice on this type); they will also have the option to serve a notice to quit on the property, which will end the tenancy for both parties.

16.5. If the perpetrator does not vacate the property, the landlord could decide to begin possession proceedings. This decision is normally made on a case-by-case basis based on the level of risk involved and will be made in consultation with the victim and other professionals (such as the Independent Domestic Abuse Advisory Service).

16.6. The landlord may consider using discretion to grant the victim a sole tenancy at an alternative property or the original property. However, granting a sole tenancy to the original property will depend on the person’s housing needs and whether it would be considered safe for them to remain there.

16.7. Where a victim loses their secure tenancy because of domestic abuse, the Domestic Abuse Act 2021 requires local authorities to grant another secure tenancy to the victim if they rehouse them. Decisions will be made in consultation with the victim and other professionals such as the Independent Domestic Abuse Advisory Service, with risk and the client’s wishes in mind.

16.8. The victim should always seek advice and support to be fully informed of their options and to avoid losing their tenancy. It is important to let the Housing Needs Team know about this, especially in situations where the victim wishes to remain in the area.

Appeals

17.1. A resident who disagrees with a decision made in the application of this policy may request a review of that decision within 21 days of receiving the written decision from East Suffolk Council.

17.2. A request for a review should usually be made in writing although East Suffolk Council may also consider verbal requests for a review to be undertaken.

17.3. The resident should clearly outline the reasons that they have formally requested a review and a different officer at East Suffolk Council will review the original decision. The review officer will be more senior than the original decision maker and will not have been involved in making the original decision. In some cases, East Suffolk Council may need to request further information from the resident in order to make a decision. East Suffolk Council will respond to the review request in writing within 8 weeks.

The Domestic Abuse Act 2021
Anti-Social Behaviour, Crime and Policing Act (2014)
Care Act (2014)
Civil Partnership Act (2004)
Crime and Security Act (2010)
Data Protection Act (2018)
Domestic Abuse Crime and Victims Act (2004)
Equality Act (2010)
Family Law Act (1996)
Female Genital Mutilation Act (2003)
Forced Marriage (Civil Protection) Act (2007)
Homelessness Act (2002)
Housing Act (1996)
Homelessness Reduction Act 2017
Protection from Harassment Act (1997)
Serious Crime Act (2015)
Clare’s Law (2017)

Internal Domestic Abuse Support Policy for Staff July 2023
Gateway to Homechoice Policy
Equality, Diversity and Inclusion Policy 2025 (currently being updated)

Monitoring and review

20.1. This policy and its procedures will be reviewed every three years. However, earlier reassessment may be required if legislation, statutory guidance, or business developments require otherwise. Local Government Reorganisation will have to be considered.

20.2. Monitoring is necessary to ensure that East Suffolk Council delivers the aims and objectives set out in this policy. Senior managers will be responsible for ensuring that staff are complying with this policy and national guidance on overseeing domestic abuse cases.

20.3. Staff will be provided with domestic abuse procedures to follow to ensure they comply with the policy provisions and both legislation and regulation. These procedures will also ensure that staff are providing consistent services to support victims and survivors of domestic abuse.

20.4. We will always ask victims and survivors of domestic abuse to provide feedback on their experience of the support and service they receive. This will usually be sometime after the situation has settled however East Suffolk Council welcomes all feedback during the process as well.

20.5. Victims and survivors are in no way obliged to provide us with feedback, but it will help us to make positive changes to the way we work. We will use this feedback to improve our internal processes and review support provided to victims and survivors of domestic abuse, whilst making sure that staff can make informed decisions. Feedback and views from customers will also be used during the formal reviews of this policy and any subsequent policies and procedures.

20.6. The victim should always seek advice and support to be fully informed of their options and to avoid losing their tenancy. It is important to let the Housing Needs Team know about this, especially in situations where the victim wishes to remain in the area.

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