Domestic abuse

Domestic abuse should not be tolerated. We believe in the safety and protection of any person who may be exposed to domestic abuse. This is irrespective of your age, sex, religion, sexual orientation or gender.

Domestic abuse is not just about violence within the home or from a partner. It can be from another family member or another person living in the same home as you.

It includes violence, sexual assault, bullying, mental cruelty, deprivation, name calling or any act that causes a person to feel degraded, humiliated, inferior or in fear of their safety. It can also include forced marriage and assaults or threats committed in the name of "honour".

Help and support for the victims of domestic violence/abuse can also be found on the main Domestic Violence pages.

Housing Issues
People who experience domestic abuse do have rights over their property or tenancy. They also have legal remedies available to assist them.

Council Tenants
Every Luton Borough Council tenancy contains a clause stating that to perpetuate or commit acts of abuse/violence will be considered a breach of the tenancy conditions. As such, the Council can seek to reposess the property on these grounds. This includes households occupying temporary accommodation provided by the Council in the discharge of its homeless function.

If you are a council tenant and experience domestic abuse, you should initially report this to the Senior Housing Officer at the Farley Hill Office, Delphine Close. The Officer will discuss with you all the options available which could include considering a management transfer, injunction relief, termination of tenancy or tenancy transfer orders.

If your situation is an emergency, then the Officer can discuss with you the Council's Homesafe scheme for victims of domestic abuse scheme. This is a scheme which enables people experiencing violence or abuse to remain within their own home with additional security measures put in place. The aim is to prevent you becoming homeless due to domestic violence or abuse.

Private Sector Tenants
As a private sector tenant you may still qualify for assistance under the Homesafe scheme if your home needs additional security as a result of domestic abuse. You may also be able to obtain an ouster injunction which is an order from the Court removing a person from your home and surrounding area. It could also be possible for you to obtain an order transferring any joint tenancy you hold into your name only.

Owner Occupiers
Owners and joint owners of properties will also be eligible for Homesafe where there is a threat of homelessness and insufficient means for you to put in place additional security. Owner occupiers also have legal rights over their property which the Courts will protect.

These include:

• ouster injunction - an order from the Court removing a person from your property
• non-molestation order - an order from the Court instructing a person not to molest or make contact with you
• property transfer order - an order which transfers property from either one person's name to another or removing a person from the title of the property
• order for sale of property - a Court orders the property to be sold and the assets divided
• order for right of occupation - an order giving rights to remain in a matrimonial home.

In all circumstances you should seek legal advice on your options and whilst our Housing Advisers can give you general details on your rights and remedies they cannot always apply for orders on your behalf.

There are provisions for both married and unmarried households as well as households with children. Often a relationship breakdown means that some provision needs to be made in respect of the children. This can include matters such as:
Parental Responsibility Orders
Residence Orders, or
Prohibited Steps Orders

These are orders to protect the safety and arrangements for children and DO apply to both married and unmarried couples.

Help and support for the victims of domestic abuse can also be found on the main Domestic Violence pages.

The Council also participates in specialist protection panels for the victims of domestic abuse. The Council is part of a multi-agency risk assessment committee (MARAC) which works closely with the Police, Probation, Social Services and Drug & Alcohol Teams to identify and minimise the risk of fatal injuries due to domestic abuse.

The MARAC group will always involve the individual client in any risk assessment or prevention plan.
There is also a multi-agency public protection agency (MAPPA) which exists to discuss public protection issues in relation to ex-offenders or discharges from HMP.