Domestic Abuse Act 2021

PART 4 E+W Local authority support

57 Support provided by local authorities to victims of domestic abuse E+W

(1) Each relevant local authority in England must—

(a) assess, or make arrangements for the assessment of, the need for accommodation-based support in its area,

(b) prepare and publish a strategy for the provision of such support in its area, and

(c) monitor and evaluate the effectiveness of the strategy.

(2) For the purposes of subsection (1)—

• “accommodation-based support” means support, in relation to domestic abuse, provided to victims of domestic abuse, or their children, who reside in relevant accommodation;

• “relevant accommodation” means accommodation of a description specified by the Secretary of State in regulations.

(3) A relevant local authority that publishes a strategy under this section must, in carrying out its functions, give effect to the strategy.

(4) Before publishing a strategy under this section, a relevant local authority must consult—

(a) the domestic abuse local partnership board appointed by the relevant local authority under section 58,

(b) any local authority for an area within the relevant local authority's area, and

(c) such other persons as the relevant local authority considers appropriate.

(5) A relevant local authority that publishes a strategy under this section—

(a) must keep the strategy under review,

(b) must keep under review any effect of the strategy on the provision of other local authority support in its area,

(c) may alter or replace the strategy, and

(d) must publish any altered or replacement strategy.

(6) In this section “other local authority support”, in relation to a local authority, means support, in relation to domestic abuse, that—

(a) is provided to victims of domestic abuse or their children, and

(b) is provided or funded by the local authority,

other than accommodation-based support (within the meaning of subsection (2)).

(7) A relevant local authority may request any local authority for an area within the relevant local authority's area to co-operate with it in any way that the relevant local authority considers necessary for the purposes of its functions under this section.

(8) A local authority must, so far as reasonably practicable, comply with a request made to it under subsection (7).

(9) The Secretary of State may by regulations make provision about the preparation and publication of strategies under this section.

(10) The power to make regulations under subsection (9) may, in particular, be exercised to make provision about—

(a) the procedure to be followed by a relevant local authority in preparing a strategy;

(b) matters to which a relevant local authority must have regard in preparing a strategy;

(c) how a relevant local authority must publish a strategy;

(d) the date by which a relevant local authority must first publish a strategy;

(e) the frequency with which a relevant local authority must review its strategy or any effect of the strategy on the provision of other local authority support in its area.

(11) Before making regulations under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner,

(b) relevant local authorities, and

(c) such other persons as the Secretary of State considers appropriate.

Modifications etc. (not altering text)

C1 S. 57(2) modified (1.10.2021) by The Domestic Abuse Support (Relevant Accommodation and Housing Benefit and Universal Credit Sanctuary Schemes) (Amendment) Regulations 2021 (S.I. 2021/991), regs. 1(2), 2

Commencement Information

I1 S. 57 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(e)

58 Domestic abuse local partnership boards E+W

(1) A relevant local authority in England must appoint a domestic abuse local partnership board for the purposes of providing advice to the authority about—

(a) the exercise of the authority's functions under section 57, and

(b) the provision of other local authority support in the authority's area.

(2) The members of the domestic abuse local partnership board must include—

(a) a representative of the relevant local authority;

(b) at least one person appearing to the authority to represent the interests of local authorities for areas within its area;

(c) at least one person appearing to the authority to represent the interests of victims of domestic abuse;

(d) at least one person appearing to the authority to represent the interests of children of domestic abuse victims;

(e) at least one person appearing to the authority to represent the interests of charities and other voluntary organisations that work with victims of domestic abuse in its area;

(f) at least one person appearing to the authority to represent the interests of persons who provide, or have functions relating to, health care services in its area;

(g) at least one person appearing to the authority to represent the interests of persons with functions relating to policing or criminal justice in its area.

(3) In this section—

• “health care services” means services relating to health care (within the meaning of section 9 of the Health and Social Care Act 2008);

• “other local authority support” has the same meaning as in section 57.

Commencement Information

I2 S. 58 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(e)

59 Annual reports E+W

(1) As soon as reasonably practicable after the end of each financial year, a relevant local authority in England must submit to the Secretary of State an annual report in relation to the exercise of the authority's functions under this Part during the year.

(2) The Secretary of State may by regulations make provision about—

(a) the form of the report, and

(b) the content of the report.

(3) In this section “financial year” means—

(a) the period beginning with the day on which this section comes into force and ending with the following 31 March, and

(b) each successive period of 12 months.

Commencement Information

I3 S. 59 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(e)

60 Guidance E+W

(1) The Secretary of State must issue guidance relating to the exercise by local authorities in England of functions under this Part.

(2) Local authorities in England must have regard to the guidance when exercising a function to which the guidance relates.

(3) The Secretary of State may from time to time revise any guidance issued under this section.

(4) Before issuing or revising guidance under this section, the Secretary of State must consult—

(a) the Domestic Abuse Commissioner,

(b) local authorities, and

(c) such other persons as the Secretary of State considers appropriate.

(5) Subsection (4) does not apply in relation to any revisions of guidance issued under this section if the Secretary of State considers the proposed revisions of the guidance are insubstantial.

(6) The Secretary of State must publish—

(a) any guidance issued under this section, and

(b) any revisions of that guidance.

Commencement Information

I4 S. 60 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(e)

61 Interpretation of Part 4 E+W

In this Part—

• “local authority” means—

  (a)

  a relevant local authority;

  (b)

  a district council for an area for which there is a county council;

  (c)

  a London borough council;

  (d)

  the Common Council of the City of London in its capacity as a local authority;

• “relevant local authority” means—

  (a)

  a county council;

  (b)

  a district council for an area for which there is no county council;

  (c)

  the Greater London Authority;

  (d)

  the Council of the Isles of Scilly.

Commencement Information

I5 S. 61 in force at 1.10.2021 by S.I. 2021/1038, reg. 2(e)