subject: Domestic Violence And The Local Authority [print this page] Consider the position of a woman who is being subjected to domestic violence. Very often she will not be able to obtain legal aid to instruct a solicitor to act for her and she may feel too vulnerable to go to the court herself for a non-molestation injunction. What other help is available?
A much underused remedy may be available if she is a local authority tenant or that of a registered social landlord. It is a remedy which has many advantages and is given under section 153A of the Housing Act 1996. This Act gives local authorities the power to obtain court injunctions to prevent domestic violence in the context of their housing management function. In passing the Act parliament decreed that Local authorities can and should play a significant role in combating domestic violence and taking pro-active steps to prevent domestic violence.
All local authorities are empowered to use s.153A Housing Act 1996 to prevent domestic violence in the context of their housing management functions. The section provides that a relevant landlord (local authority or social housing provider): 'may apply to the court for an injunction if it can show that the defendant has engaged or threatened to engage in housing-related conduct which is capable of causing a nuisance or annoyance to a relevant person '.
Behaviour is ' housing related conduct' when it relates either directly or indirectly to the housing management function of the social landlord. These housing management functions will include the functions imposed by law and the powers and duties of the landlord as the owner of the property.
A relevant person will be the person with the right to occupy the local authority house and also any neighbour living close by or engaged in lawful activity in the neighbourhood. The court may then make an injunction if it considers that the conduct complained of consists of or includes the use or threats of violence and there is significant risk of harm to a relevant person. Harm includes abuse whether physical or not and any other serious ill-treatment.
The court has the power to grant an injunction prohibiting the defendant from entering or being in any premises or any area specified. A power of arrest can be attached to the injunction and the court is expressly empowered to exclude a person from their normal place of residence.
An injunction under the Housing Act has many advantages. Firstly it is brought by the local authority and the victim will not be subjected to the stress and trauma, let alone the cost,of bringing an application herself. Furthermore it is unlikely that she will even have to give evidence or have any involvement in the case. The local authority is entitled to bring a case based solely on what they have heard and police evidence.
There will be less pressure and as a victim she will not be subjected to threats to withdraw the application. The court is much more likely to take seriously allegations by a local authority which in all probability will be accepted without question.
Greater use should be made of the obligations and duties of a local authority to prevent domestic violence and the power given to them in this respect. Local authorities are obliged to formulate policies dealing with their approach to antisocial behaviour. The Crime and Disorder Act 1998 places a duty on local authorities to formulate a strategy to deal with behaviour that adversely affects the local community. Furthermore under the Local Government Act 2000 they must prepare a - sustainable communities strategy - for improving the welfare of the area. Given the effect and cost of domestic violence, all of these enactments place a duty on a local authority to act when domestic violence is brought to their attention. They can and should play a significant role in reducing domestic violence. The tools are there and there is no reason not to use them.
