Thursday, 27 January 2011

Domestic Violence Ruling Impacts on Councils' Homeless Duties

The Supreme Court has widened the scope of domestic violence to allow those who leave partners after fearing they are at risk to claim they are homeless. Before the ruling, housing authorities were not under a duty to rehouse victims unless they had been subjected to physical violence. A test case involved a woman who left her with her two young children and sought help from the council. In interviews with the housing officers, she said she was scared that if she confronted her husband he might hit her. But she was told she was not homeless under the meaning of the Housing Act as her husband had never hit her or threatened to do so, and a review panel found that it was reasonable for her to continue to live at the matrimonial home.
This view was supported by tribunals and the courts, until 26 January when five Supreme Court justices unanimously allowed her appeal and sent the case back to be decided again by the housing authority. Read more on 24dash.

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