Home > Social housing, domestic violence and the public sector duty.

Mercy Law Resource Centre. (2023) Social housing, domestic violence and the public sector duty. Dublin: Mercy Law Resource Centre.

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Domestic violence can often result in individuals having to flee their homes and seek alternative accommodation either for the short-term or long-term. This report has highlighted that victims of domestic violence can face many issues in securing adequate alternative accommodation. The report makes the following recommendations:

  1. The report recommends that refuge accommodation be increased to the required level of one family place per 10,000 people as per the Istanbul Convention.
  2. The report also calls on Ireland to ensure that future refuge accommodation meets accessibility requirements can assist those victims of domestic violence who have addiction issues, and that there is sufficient and culturally appropriate refuge accommodation for Traveller women and Roma women. These points have been raised in respect of other states and they are equally relevant for the Irish experience.
  3. The report recommends that Ireland amend the Domestic Violence Act 2018 to allow for an equivalent to the UK’s Domestic Abuse Protection Notice so that perpetrators of abuse can be immediately barred from the family or victim’s home.
  4. The report recommends that the Housing Act 1988, section 2 be amended to make it clear that victims of domestic violence who cannot return home should not be found to have alternative accommodation available to them.
  5. The report calls on the government to provide guidance for social housing allocation schemes so that victims of domestic violence are accorded appropriate priority across local authorities.
  6. The report recommends that the local connection test or, where relevant, the reckonable residence tests be applied flexibly in the context of victims of domestic violence.
  7. The report calls for clear legislative guidance on severing and/or transferring a joint tenancy of social housing in the context of domestic abuse and family breakdown.
  8. The report recommends a review of the rent caps for Rent Supplement payments.
  9. The report recommends that the Residential Tenancies Acts 2004 to 2022 be amended to allow for a tenant’s name to be removed from the lease in the context of domestic abuse and/or relationship breakdown. Any such provision must not harm the security of tenure of the remaining tenant(s).
  10. The report recommends that the cost-rental and first-home schemes consider the needs of victims of domestic violence.
  11. The report recommends that Tusla and local authorities should provide information about emergency accommodation and social housing in a range of languages and formats to fulfil their PSEHRD.
  12. The report calls for Circular 41/2012 be replaced to address the indirect and direct discrimination it results in.
  13. The report recommends the introduction of a tribunal or appeals procedure for the resolution of disputes with local authorities in relation to housing matters.
  14. The report calls for all staff involved in the provision of social housing supports and emergency accommodation to be provided with appropriate training in relation to domestic violence.
  15. Consideration should be given to local authorities engaging with all persons entering a refuge to assess their potential need for additional housing supports

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