Innisfree Housing Association Domestic Violence Policy and Procedure. Policy

Transcription

1 Innisfree Housing Association Domestic Violence Policy and Procedure Policy 1 What is domestic violence? Domestic violence or abuse occurs in a relationship or family environment and maybe within the home. It can also happen when a relationship has ended between partners but there is still contact between them. Both men and women can experience abuse and violence although the majority of abuse is carried out by men against women. This policy and procedure will apply to reports of domestic violence or abuse irrespective of whether they are from or about tenants or occupants of an Innisfree property. Domestic violence is a generic term that covers a wide range of behaviour including threats of or actual violence or abuse and can be psychological, physical, sexual emotional or financial. It can affect all sections of the community irrespective of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. Innisfree tenancy agreements for all tenures (general needs, supported, sheltered and starter tenancies) all have a clause that specifically relates to domestic violence. Tenants must not; Commit or allow members of his/her household to commit or threaten any act of violence which will or is likely to prevent a Tenant or other person with a right to occupy or the child of any such person from continuing to live peaceably in the Premises. 1

2 Housing staff must draw new tenants attention to this clause during sign up to reinforce the message that Innisfree does not tolerate domestic abuse in any form. Any breach may result in legal action being taken to end their tenancy. 2 Aims of this policy and procedure Innisfree is committed to responding quickly and effectively to reports of domestic violence. This combined policy and procedure should enable staff to deal with cases of domestic violence reported by tenants or occupants of our properties. Specifically, this means that Innisfree will do the following; Take all reports of domestic violence or abuse seriously and respond appropriately. Give victims advice and support. Be aware of safeguarding issues in relation to vulnerable tenants or family members, particularly children. Take legal action against perpetrators where appropriate. Discuss with victims relevant housing advice and options including temporary or permanent housing. Work with agencies including local authorities, registered providers and specialist support groups to deal with incidents of violence and abuse. Publish this document on our website with clearly linked signposting to relevant advice and support organisations. 3 Safeguarding Innisfree has a policy and procedure relating to safeguarding of vulnerable people. This document gives the definition of safeguarding, what staff should look for and what responsibilities Innisfree has to ensure that vulnerable people are safeguarded. The policy and procedure is located in the following location; N:\Innisfree\Policies & Procedures\Safeguarding People Policy and Procedure September 2011.doc In terms of domestic violence where there are children, it is possible that the safeguarding procedure will need to be used to report any concerns that officers have regarding the welfare of a child/children or older people. These must be discussed with the housing director as designated reporting officer. 2

3 4 Equality and diversity Although the majority of domestic violence/abuse victims are women, Innisfree will ensure that all our tenants receive a fair and equal standard of service regardless of their background. If there are language barriers, Innisfree will arrange for a translator to be present. Housing officers must pay particular attention to any cultural sensitivity and if necessary arrange for a same-sex staff member and/or a support worker to carry out the interview. 5 Confidentiality Innisfree is committed to the principle of confidentiality and, where possible, will ensure that any information known or held on tenants remains confidential. However, we also recognise that lawful and responsible information sharing can be vital to help keep victims and their children safe. Information should only be provided to external agencies as agreed with the victim or where it is required by statutory agencies such as police or social services. In the case of a joint tenancy, it should be noted that both parties have access to the tenancy file, therefore care must be taken when allowing access to confidential information held on file if requested by the alleged perpetrator or their representatives. 6 Training Innisfree will arrange for staff to attend specialist training events to ensure they are up-to-date with best practice or where there are changes in legislation that impact on our tenants or assist in ensuring a swift move away from any source of danger or provide additional security measures for their home. Contractors must be made aware of this policy and must report any concerns they may have to Innisfree staff, particularly in relation to the safety of children. 7 Partnership working In most cases of domestic violence, Innisfree officers will need to work closely with specialist agencies, both statutory and voluntary. These may include local authorities, police, social service, Travellers and women s support groups. It is important that Innisfree staff make themselves 3

4 available for multi-agency meetings and where appropriate, take the lead role in ensuring a successful resolution to a case. 8 Legal action and advice Innisfree tenants should be advised to seek independent legal advice, including the alleged perpetrator. This is particularly important where the tenancy is a joint one as Innisfree has an obligation to both parties. Where appropriate, a victim may need to make an application for an injunction and officers should offer advice on how best to do this including encouraging tenants to approach a solicitor. Innisfree reserves the right to take legal action against a tenant who breaches their tenancy agreement by committing acts of domestic abuse. 9 Support Tenants reporting incidents must be interviewed within three working days to ensure that they are given a clear signal that the allegations are being taken seriously and that all necessary and appropriate support will be provided. The interview should take place at a venue where the victim feels comfortable. 10 Reporting All cases of domestic violence are reported to Board within the Equality and Diversity action plan. 4

5 PROCEDURE 1 Initial report and interview If Innisfree receives a report from a tenant or occupant of an Innisfree property, officers must deal with the tenant sensitively and remind them that Innisfree is there to help. An officer must treat the tenant with dignity and respect and confirm that he or she believes what has been reported to them. An officer should explain that he or she is there to help with advice and support and, where necessary, help to arrange to move the victim to a safe place. The interview with the tenant should take place within three working days unless there are exceptional circumstances. The report of the interview must record details of all incidents including how long abuse has been taking place. The housing officer must assess the situation and whether the tenant is at risk of further violence by remaining at the property. 2 Specialist advice It is important for officers to advise the tenant on specialist support agencies. The following are examples and not a complete list; Solace Women s Aid; National Women s Aid Network; Hopscotch Asian Women s Centre; Broken Rainbow ( for lesbian, gay, bi-sexual and trans-gender tenants); Rights of Women; Refuge; Ashiana; ( Asian, Turkish and Iranian women) MALE (advice for men suffering domestic violence) General Practitioner Relevant local authority where the tenant lives; Metropolitan police community safety unit; IKWRO ( Support service for Middle Eastern women suffering honour -based violence) 5

6 Southall Black Sisters; Home Office Guidance leaflets; Some tenants may prefer to be interviewed by a person of the same sex and this is particularly relevant for Traveller women where there are specific cultural reasons for not engaging with men outside their immediate family. This may also apply to some women of Muslim faith. 3 Recording All cases must be recorded on the Complaints and Nuisance module on Omni and updated following each meeting or action. The housing officer must check for safeguarding issues e.g. vulnerable adults or children and refer to Innisfree s safeguarding procedure. Any referral through this process to the relevant local authority must be discussed with the housing director and a not made on file and on Omni. The housing officer must check whether the police have been informed and if not, the tenant should be encouraged to do so. If the tenant prefers not to (or is unable) to inform the police the housing officer can do so at the tenants request. 4 Maintenance and security The housing officer must find out if there are any repairs needed to the home following any incident or, in some cases, if additional security measures are needed. The housing officer should discuss with the technical services director if extra security is required. This could be in the form of panic alarms, extra locks for doors or windows or in very serious cases, CCTV. It may be appropriate for officers to discuss with the local police if additional resources or advice is available to assist Innisfree, including the creation if possible, of a safe room, where a tenant can remain secure whilst waiting for a police response. 5 Local authority advice and assistance 6

7 If a tenant is unable or unwilling to remain in their home because of the incident, the housing officer must discuss the option of the tenant approaching the local authority where they live, for housing assistance. The local authority will have to decide if it has a duty to assist a tenant and if necessary provide temporary housing. Any tenant who makes an application for housing through this route should be advised to gain the assistance of a support agency such as Women s Aid who will advocate on the tenant s behalf. The housing officer should keep in contact with the tenant and any support worker as the case progresses. 6 West London Domestic Violence Framework Innisfree is part of the WLDVF which is made up of RPs and the following boroughs; Brent Ealing Hammersmith & Fulham Harrow Hillingdon Hounslow Kensington & Chelsea A tenant experiencing domestic violence should have this option explained to them by the housing officer. The framework allows for a tenant to give up their tenancy in return for a guaranteed offer within three months. The vacant property must be offered back to the local authority which rehoused the tenant, irrespective of whether it is the tenant s home borough. Full details of the procedure are located here; Innisfree\Policies & Procedures\Allocations & Lettings Policy and Procedure April 2009\West London Domestic Violence Framework 7 Innisfree transfer A tenant suffering domestic violence may register for a transfer to another Innisfree property provided there is sufficient supporting evidence. The housing officer must complete a transfer form and arrange for supporting evidence to be attached such as police and doctor reports. The form must be passed for the housing director for approval. If approved, the tenant will be placed in band A, the highest band. 7

8 However, because Innisfree has a limited number of homes it is unlikely that an offer of a move will be made quickly. The housing director will have the discretion to transfer a tenant suffering domestic violence if that tenant has rent arrears. However, the housing officer where the tenant moves to must make arrangements with the tenant for the debt to be paid off in instalments. 8 Tenancy rights It is important for tenants to obtain independent advice on their housing and tenancy rights. This is particularly important if the tenancy is a joint one as Innisfree has an obligation to both tenants. Legislation exists to protect victims of domestic violence and it is possible, for example, for a victim to have a tenancy transferred into their sole name through the Family Law Act However, legislation is complex and is dependent on a number of factors, for example tenancy type, this is why independent specialist advice is essential. Innisfree will treat all reports of domestic violence/abuse equally, irrespective of their tenancy type. 9 Tenancy action Perpetrator If the perpetrator is living within the home, the victim can take action to gain some protection by applying for a civil injunction under the Family Law Act 1996 either a non-molestation order or an occupation order. As stated in section 8, specialist advice is needed when arranging this type of action; however, the housing officer should offer support where necessary. If the perpetrator is the sole tenant and the victim has been moved elsewhere, Innisfree should consider taking legal action to regain possession of the home. If the perpetrator is a joint-tenant with the victim, consideration should be given to see if the perpetrator is prepared to leave voluntarily. If this is the case, the housing officer should arrange for a deed of assignment to be signed to allow transfer of the tenancy to the victim. Innisfree will not provide any alternative accommodation to the perpetrator. If the perpetrator has been found to have committed acts of violence or abuse, where appropriate, Innisfree should take legal action have them removed from the tenancy and property. 8

9 If the perpetrator is unwilling to do this, the victim can apply under the part 1V of the Family Law Act 1996 for the tenancy to be transferred to the victim s sole name. Innisfree should co-operate with this process by advising the victim where to apply for legal assistance and providing all relevant paperwork. Victim If the victim is the sole tenant and has left the home through the WLDV framework, the tenant should give 4 weeks notice in writing to terminate their tenancy. If they have been accepted as homeless through a local authority outside of the WLDV framework, they may be advised not to terminate their tenancy until they have been rehoused. The tenant should be entitled to claim for housing benefit on their existing tenancy and their temporary home. If a victim wants to remain in their home, they must be advised not to give up their tenancy and the housing officer should discuss how best to keep the tenant safe and secure. If the victim is a joint-tenant, see perpetrator section above. 10 Support and review Domestic violence can be extremely traumatic for victims and their families and as such, officers must give priority to ensuring that all available support and advice is given. This means discussing with the Housing Director how best to provide a safe environment for the victim (and family if appropriate) and referring to a specialist agency where necessary. The housing director should review any cases with the relevant housing officer at supervision meetings to ensure that appropriate action has been taken. If it is clear that the tenant no longer needs to move and the threat of violence has ended or substantially reduced, the tenant can be removed from the transfer list if already added. However, a full discussion should take place with the victim as the incident/s may have left them traumatised and they still wish to move away from their home or area. Approved HSC January