Domestic abuse bill amendment: Simple legal mechanism would allow women to stay at home safely instead of having to flee

The last day of the report stage of the Domestic Abuse Bill on Monday 15 March will see a cross-party amendment to help prevent a victim of domestic abuse from being forced to leave the family home with her children.

As the bill stands, if the victim is a joint tenant they can get the perpetrator evicted from the family home for a temporary period under a new power called a Domestic Abuse Protection Order, but only for a limited period.  He then has the right to enter the home, and she cannot change the locks or in any way legally keep him out. He can also unilaterally end the tenancy.

The amendment, which is supported by the Domestic Abuse Commissioner, allows for a delay in bringing it into force so that the government can assess what is happening in Scotland who are already legislating for this.

 

Gudrun Burnet, CEO of Standing Together Against Domestic Abuse and Co-Founder of the Domestic Abuse Housing Alliance (DAHA) said

“Currently the legal mechanisms to have perpetrators removed from a joint social tenancy are costly, uncertain and complex. This amendment simplifies this legal process so that survivors have the viable option to safely stay at home long-term and rightfully places the burden of leaving on the abuser.’’

Baroness Lorely Burt, one of the signatories of the amendment, said

“The injustice of seeing a mother and her children forced to flee the family home while he sits pretty, running up debts that she remains jointly liable for makes my blood boil.”

Sophie Francis-Cansfield, Senior Campaigns and Policy Officer, Women’s Aid said

“Where it is safe to do so, we must support women and their children experiencing abuse to keep the security of the family home and end the risk of homelessness or further abuse when they share a tenancy with a perpetrator. This amendment can do that.”