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

Statutory Instruments

2021 No. 990

Domestic Abuse, England

Local Authorities, England

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

Made

6th September 2021

Laid before Parliament

9th September 2021

Coming into force

1st October 2021

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 2021(1).

In accordance with section 57(11) of that Act, the Secretary of State has consulted the Domestic Abuse Commissioner(2), relevant local authorities(3) and such other persons as the Secretary of State considers appropriate.

PART 1 Introduction

Citation, commencement, extent, application and interpretation

1.—(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 2 Section 57 Strategies

Preparation and publication of a section 57 strategy

2.  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 strategy

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

Obligation to review a section 57 strategy

4.—(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 support(4) in its area.

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

5.—(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 support(5) identified in any previous strategy may have changed.

Obligation to publish a draft section 57 strategy

6.  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 3 Section 59 Reports

Form of a section 59 report

7.  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 report

8.  A section 59 report must include the following content—

(a) confirmation that the relevant local authority has appointed a domestic abuse local partnership board(6);

(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 Hughes

Parliamentary Under Secretary of State

Ministry of Housing, Communities and Local Government

6th September 2021

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.

(1)

2021 c. 17 (“the Act”).

(2)

See section 4 of the Act as to the appointment of the Commissioner.

(3)

“Relevant local authority” is defined in section 61 of the Act.

(4)

As defined in section 57(6) of the Act.

(5)

As defined in section 57(2) of the Act.

(6)

Within the meaning of section 58 of the Act.