By Kelly Henderson, co-founder of Domestic Abuse Housing Alliance.

I was delighted to host a workshop for HQN with Donna McCarthy from Devonshires, looking at what the Domestic Abuse Act (2021) means for social housing providers.

Many of the questions raised by attendees focused on the introduction of Domestic Abuse Protection Notices and Orders, within Part 3 of the act (of which there are seven parts).

I have written this follow-up article to answer some of those queries in more detail.

What are domestic abuse protection notices and orders?

Part 3 of the act focuses on Powers for Dealing with Domestic Abuse and introduces civil protection injunctions, replacing the current domestic abuse protection notices and orders. Donna pointed out that these are:

• A domestic abuse protection notice (DAPN) – for immediate protection following an incident and lasting up to 48 hours
• A domestic abuse protection order (DAPO) – flexible, longer-term protection for victims.

Domestic abuse protection notices

The act states ‘we will introduce a DAPN which, like the current Domestic Violence Protection Notice, will give victims immediate protection following an incident’.

A senior police officer (inspector level and above) may issue a DAPN (to those over 18) if the following conditions are met:

• Condition A – the senior police officer has reasonable grounds for believing that the person has been abusive towards a person aged 16 or over to whom they are personally connected
• Condition B – the senior police officer has reasonable grounds for believing that is it necessary to give the notice to protect that person from domestic abuse, or if there is the risk of domestic abuse being carried out by the person.

The person subjected to the DAPN:

• May not contact the person for whose protection the notice is given
• May not come within a specified distance of any premises within England or Wales in which that person resides and it does not matter where the abusive behaviour referred to took place. This also applies if the person served the notice is the tenant or joint tenant.

The government’s statutory guidance on DAPN/Os states that in cases where the DAPN requirements result in the perpetrator being made homeless, the police are ‘expected to provide the perpetrator with information and contact details in order to make a homelessness application to the local authority’.

Domestic abuse protection orders 

Section 30 of the sets out the provisions of a domestic abuse protection order (DAPO). It states:

1. The court must be satisfied on the balance of probabilities that the person subject to the order has been abusive towards a person aged 16 or over to whom they are personally connected
2. The order is necessary and proportionate to protect that person from domestic abuse or the risk of domestic abuse carried out by the person
3. It does not matter whether the abusive behavior took place in England, Wales, or elsewhere, or whether it took place before or after coming into force of this section.

A DAPO may not be made against a person under the age of 18 and it is not necessary for the person being protected to consent to a DAPO being made. As the DAPO is a civil order, this means that no prior conviction is required for the court to make a DAPO.

In addition, Section 32 of the act provides that the court may make a DAPO against the perpetrator even though the perpetrator has not been given notice of the proceedings if they consider it just and convenient for the protection of the person to be protected.

Positive requirements

The DAPO can include positive requirements which may need to be addressed to stabilise the perpetrator and help break the cycle of abuse. Requirements in an order can include engagement with drug or alcohol support, mental health appointment, or an assessment with a perpetrator programme.

Electronic monitoring

As well as the option to include positive requirements in the act, it states that a DAPO may include an electronic monitoring or ‘tagging’ requirement on the perpetrator, to ensure compliance with the other requirements imposed by the DAPO.

If one of the prohibitions is aimed at stopping them from coming within a specified distance of the home of the person to be protected, electronic monitoring may be included to ensure the person is complying with this requirement.

Multi-agency working 

The statutory guidance states that DAPN/Os demand ‘proactive multi-agency working at all stage’, adding that ‘the police are expected to keep partner agencies involved in, and informed of any updates to, active DAPO cases and to work closely with established multi-agency forums where appropriate’.

As housing providers, we are well placed to identify potential breaches, such as the perpetrator being in the area they are prohibited from or harassing/contacting the person they are prohibited from contacting.

In the case of existing DVPN/Os, this is happening in some areas, and with the focus on multi-agency working could be adapted for the incoming DAPN/Os.

Breaches

The police have responsibility for enforcing – and responding to reported breach of – any DAPO, regardless of whether or not the police applied for that DAPO.

Section 24 (1) provides that if a constable has reasonable grounds for believing that a person subject to a DAPN is in breach of the DAPN, the constable may arrest the perpetrator without warrant.

Piloting DAPN/Os

The government has yet to announce a date for the introduction of DAPN/Os and state they will be tested via a pilot, allowing any issues to be addressed ahead of them going live.

This examination is welcomed by many, to ensure when introduced they are fit for purpose. Dr Kelly Johnson, Assistant Professor in Criminology at Durham University states:

‘DAPOs are a powerful tool that the police have to intervene in domestic abuse and safeguard victims – like all domestic abuse interventions, it is important that the efficacy of these policies is examined to ensure they are working well, in consultation with the police and other professional stakeholders, victim-survivors and perpetrators.’

Chief Superintendent Deborah Alderson, Head of Northumbria Police Safeguarding Department, points out the importance of detailed guidance and learning from the pilot stating:

‘Any legislation designed to give better protection from domestic abuse is something I would always welcome. I am looking forward to seeing the detailed guidance of how this will work in practical terms and will closely follow the pilot implementation. Victims of domestic abuse deserve this extra protection!’

The pilot areas have yet to be announced – it will be interesting to take the learning from them and how housing providers can best engage with this tool. Watch this space!