The Domestic Abuse Act 2021 – The Changes You Need to Know
06/14/2021
For local authorities and charities, domestic abuse is a problem that staff deal with daily. The new Domestic Abuse Act 2021 (the Act) gives police, local authorities, and the courts wider powers and greater accountability concerning protecting domestic abuse victims.
On the day the Act received its Royal Assent, Domestic Abuse Commissioner, Nicole Jacobs, said:
“Today marks an historic moment for victims and survivors of domestic abuse when change is needed the most.
The act sets out my legal powers which I will use to support all victims across England and Wales by first tackling the ‘postcode lottery’ of services.
So many campaigners, charities and individuals have worked incredibly hard to make the bill as robust as possible and there is no doubt that the legislation, which now includes non-fatal strangulation as a standalone offence, is much stronger as a result.
Legislation won’t transform things overnight and we know there is more to do, so and I will work with partners to advocate for further changes.”
Below are the main provisions brought in by the Act that affect local authorities.
A definition of domestic abuse has been created
Before the commencement of the Act, domestic abuse had not been defined. This situation has now been rectified by section 1 which also defines ‘economic abuse’:
"Definition of “domestic abuse”
(1) This section defines “domestic abuse” for the purposes of this Act.
(2) Behaviour of a person (“A”) towards another person (“B”) is “domestic abuse” if—
(a) A and B are each aged 16 or over and are personally connected to each other, and
(b) the behaviour is abusive.
(3) Behaviour is “abusive” if it consists of any of the following—
(a) physical or sexual abuse;
(b) violent or threatening behaviour;
(c) controlling or coercive behaviour;
(d) economic abuse (see subsection (4));
(e) psychological, emotional or other abuse;
and it does not matter whether the behaviour consists of a single incident or a course of conduct.
(4) “Economic abuse” means any behaviour that has a substantial adverse effect on B’s ability to—
(a) acquire, use or maintain money or other property, or
(b) obtain goods or services.
(5) For the purposes of this Act A’s behaviour may be behaviour “towards” B despite the fact that it consists of conduct directed at another person (for example, B’s child).”
Domestic abuse victims must be given priority concerning accommodation
One of the most terrifying prospects for victims of domestic abuse is that of becoming homeless if they leave their abuser. Under the Act, local authorities must give housing priority to victims who have lost their home due to fleeing domestic abuse. The Act also places a duty on local authorities to help domestic abuse victims receive therapy, advocacy, and counselling in secure accommodation.
Extended powers granted to the police and the courts to fight domestic abuse
When it comes to protecting victims, the police and the courts are normally the first responders to an incident, either through a 999 call or an application for a Court Order. Under the Act, the police can now issue Domestic Abuse Protection Notices. These give a victim of domestic abuse immediate legal protection. The court’s power has been extended by creating a Domestic Abuse Protection Order. To aid in the rehabilitation of perpetrators of domestic abuse, a court can force them to access mental health support and/or drug and alcohol treatment.
A new offence of non-fatal strangulation created
Non-fatal strangulation is widely used by domestic abusers as a form of control and to induce terror. Furthermore, strangulation and asphyxiation are the second most common method of killing in female homicides - 29% or 17% - as compared to only 3% of male homicides. To protect victims and prevent non-fatal incidents from becoming lethal, an offence of non-fatal strangulation is included in the Act.
Threats to share content that amounts to revenge porn have also been made a criminal offence, and loopholes around the defence of ‘rough sex’ have also been closed.
Wrapping up
The Domestic Abuse Act 2021 provides local authorities with greater powers and responsibilities regarding protecting victims of domestic abuse. For the first time children who hear, see, or experience the impact of domestic abuse are recognised as victims, which will assist local authorities in targeting support for young people, especially in the area of mental health.
“They are some of the bravest people I have ever met.”
– HRH The Duchess of Cornwall at the Women of the World Festival (March 2020), about survivors of coercive control and domestic violence
