Domestic Abuse and Homelessness: Understanding Local Authority Duties to Survivors (5 December 2025)

Domestic abuse and homelessness are closely linked, and many survivors have to approach a local authority at a time of crisis. Yet the process is often confusing, and misunderstandings about the law can mean people do not obtain the help they are entitled to.

Local Authority Duties Under the 2021 Act

Domestic abuse continues to be one of the reasons people become homeless in England. Since the Domestic Abuse Act 2021 came in, anyone who is homeless because of domestic abuse is treated as being automatically in priority need when they approach a local authority for assistance under the Housing Act 1996. This change was important, as it removed the old requirement to prove vulnerability, which often left survivors without support.

 Practical Challenges and Solutions

Common Barriers at First Approach

Despite this, many people still run into problems when they first approach a local authority. We regularly see situations where someone is told they should return to unsafe accommodation, or that they must stay with friends or relatives, or that certain documents are needed before an application can be accepted. None of this is required by law. A homelessness application should be accepted as soon as the local authority has reason to believe the person may be homeless or at risk of homelessness.

Interim Accommodation Requirements

Once an application is accepted, survivors should be offered suitable interim accommodation if the local authority has reason to believe they are homeless, eligible and in priority need due to domestic abuse. In most cases, placing someone back near the perpetrator will not be appropriate unless the survivor clearly chooses to remain in the area.

What Counts as Domestic Abuse?

It is also worth remembering that domestic abuse does not have to be physical. The statutory definition includes controlling or coercive behaviour, emotional abuse, economic abuse and threats of violence. Many applicants do not realise that these forms of abuse are treated just as seriously when a local authority assesses their situation.

The Importance of Early Advice

Early advice can make a real difference. Clear written representations often help ensure the local authority looks at the risks properly, arranges safe interim accommodation and avoids unnecessary delays. Where there is gatekeeping or a refusal to provide accommodation, urgent pre-action steps or judicial review may be needed.

Legal Aid Availability

Legal Aid is still available for homelessness cases, including challenges to unlawful refusals. Making sure survivors receive prompt and lawful decisions is essential if they are to escape abuse and avoid becoming trapped in a cycle of homelessness.

Strengthening Local Authority Accountability

In my view, while the legal framework is now far stronger than it once was, too many survivors still struggle to access the protection Parliament intended them to have. Ensuring that survivors are treated with dignity, listened to, and given safe accommodation at the earliest stage should not be aspirational, it should be routine. Until that becomes the norm, advisers and legal representatives will remain an essential safeguard.

Contact Amandeep Bains – Housing Solicitor

Amandeep Bains is a housing solicitor at Duncan Lewis. He acts for both landlords and tenants, privately and publicly funded, in a range of cases, including possession proceedings, homelessness cases, suitability reviews, housing litigation, eviction proceedings, disrepair claims, harassment issues, injunction proceedings, and judicial review applications.

Contact him for advice via email AmandeepB@duncanlewis.com or via telephone on 020 7275 2843.

 Duncan Lewis Housing Team

The Duncan Lewis Housing team is ranked as a Top Tier practice The Legal 500 UK for its extensive experience in all areas of social housing and property litigation. Offering both publicly funded (legal aid) and privately funded legal services nationwide, our experts can guide clients in any matter or issues arising with local housing authorities, housing applications, tenants, landlords, ownership and repairs. With a niche expertise in unlawful eviction, disrepair and homelessness matters the team offers representation in all proceedings including reviews, appeals and judicial review proceedings.