Risk of domestic abuse

As applicant should be accepted as homeless if they have accommodation but it is likely that occupation of it will lead to abuse or threats of abuse. [1]

Experience of past abuse is not necessary. The likelihood of threats being carried out on an applicant in the future is sufficient for their acceptance as being homeless under this heading. Local authorities should take reasonable steps to obtain information to support the applicant's case but if this is impossible the person's expressed fears should be considered sufficient for assessing them as homeless. [2] Local authorities should never seek information from a person alleged to have been abusive or to have made threats of abuse. [3]

A person will also not be treated as having accommodation where it is probable that occupation of that accommodation will lead to abuse or threats of abuse from some other person who previously lived with that person whether in that accommodation or elsewhere. [4] As well as ex-partners who used to live with the applicant this also covers fear of abuse from family members with whom the applicant used to reside. It does not matter whether the ex-partner is of the same sex or the opposite sex.

Where a couple have never lived together but abuse or threats of abuse are made this would likely be regarded as external abuse and the local authority would have to consider whether it is reasonable for someone to continue to occupy accommodation where they are in constant fear.

The Code of Guidance states that local authorities should respond sympathetically to people who fear violence. They should not assume that because a person has obtained an interdict or order under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 that it is safe to return to the matrimonial home. [5]