2021 No. 990

Domestic Abuse, England
Local Authorities, England

The Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 57(9) and (10) and 59(2) of the Domestic Abuse Act 20211.

In accordance with section 57(11) of that Act, the Secretary of State has consulted the Domestic Abuse Commissioner2, relevant local authorities3 and such other persons as the Secretary of State considers appropriate.

PART 1Introduction

Citation, commencement, extent, application and interpretation1

1

These Regulations may be cited as the Domestic Abuse Support (Local Authority Strategies and Annual Reports) Regulations 2021.

2

These Regulations come into force on 1st October 2021.

3

These Regulations extend to England and Wales but apply only in relation to a relevant local authority in England.

4

In these Regulations—

  • “the Act” means the Domestic Abuse Act 2021;

  • “section 57 strategy” means a strategy under section 57 of the Act (support provided by local authorities to victims of domestic abuse);

  • “section 59 report” means an annual report under section 59 of the Act (annual reports).

PART 2Section 57 Strategies

Preparation and publication of a section 57 strategy2

A relevant local authority that prepares and publishes a section 57 strategy must do so in accordance with regulations 3 to 6.

Date before which a relevant local authority must first publish a section 57 strategy3

A relevant local authority must first publish a section 57 strategy before 5th January 2022.

Obligation to review a section 57 strategy4

1

A relevant local authority must review its section 57 strategy within the period of three years beginning with the date of its first publication, and within each subsequent three-year period thereafter.

2

A relevant local authority that conducts a review referred to in paragraph (1) must review any effect of the strategy on the provision of other local authority support4 in its area.

Obligations to have regard to certain matters when preparing a section 57 strategy5

1

A relevant local authority must, when preparing a section 57 strategy, have regard to—

a

its functions in respect of the following—

i

violence against women and girls;

ii

modern slavery;

iii

community safety;

iv

victims of crime;

v

housing and homelessness reduction;

vi

safeguarding;

vii

supporting families; and

b

such other matters as it considers relevant.

2

A relevant local authority must, when preparing a section 57 strategy, also have regard to the extent to which the need for accommodation-based support5 identified in any previous strategy may have changed.

Obligation to publish a draft section 57 strategy6

Before publishing a section 57 strategy, a relevant local authority must publish a draft of the strategy, at least 10 weeks before the date on which the authority intends to publish it.

PART 3Section 59 Reports

Form of a section 59 report7

A section 59 report must be in the form specified by the Secretary of State from time to time by notice to the relevant local authority.

Content of a section 59 report8

A section 59 report must include the following content—

a

confirmation that the relevant local authority has appointed a domestic abuse local partnership board6;

b

information in respect of the membership of the board and how often it convenes;

c

evidence that the relevant local authority has undertaken an appropriate assessment of the need for accommodation-based support by, in particular—

i

setting out when the assessment was carried out;

ii

setting out the methodology employed in conducting that assessment; and

iii

providing details of the result of that assessment;

d

evidence that the section 57 strategy—

i

is in place and operating effectively;

ii

was published in accordance with Part 2 of these Regulations; and

iii

supports victims of domestic abuse to access services within the relevant local authority’s area;

e

evidence that the relevant local authority’s commissioning decisions have been informed by—

i

the assessment of need referred to in sub-paragraph (c); and

ii

the section 57 strategy;

f

evidence relating to the disbursement of funding set against the delivery objectives set out in the section 57 strategy.

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Eddie HughesParliamentary Under Secretary of StateMinistry of Housing, Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to support provided by local authorities to victims of domestic abuse under Part 4 of the Domestic Abuse Act 2021 (c. 59) (“the Act”).

Part 2 of the Regulations makes provision about the steps a relevant local authority (within the meaning of the Act), must take when preparing and publishing a strategy under section 57 of the Act in relation to the provision of accommodation-based support to victims of domestic abuse.

The Regulations in particular specify the date by which a relevant local authority must first publish a strategy and the frequency with which a strategy must be reviewed, set out matters to which a relevant local authority must have regard when preparing its strategy, and require a relevant local authority to publish a strategy in draft at least 10 weeks before its intended publication.

Part 3 of the Regulations makes provision for the form and content of reports under section 59 of the Act in relation to the exercise of the authority’s functions under Part 4 of the Act during the financial year in question.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.