Fleeing domestic abuse
Since 5 July 2021 (Domestic Abuse Act 2021, s.78), DA survivors are automatically in priority need. The council must accommodate you the same day. Police report NOT required. If you have NRPF, the route is via MVDAC (3 months leave + access to public funds) → unlocks council help.
What counts as domestic abuse
Per Domestic Abuse Act 2021 s.1 — not just physical. Includes:
Can be a single incident or a course of conduct. Between «personally connected» people (partner / ex / family / co-parent of child / in-laws — s.2 DAA 2021).
Automatic priority need
Before 2021, DA survivors had to take the vulnerability test (Hotak). Since 5 July 2021 (DAA 2021 s.78 → s.189(1)(e) Housing Act 1996), automatic priority need.
What the council must do:
- Interim accommodation (s.188) the same day
- Full s.184 inquiries → main duty s.193 if eligible + not intentional
- NOT demand a police report — Code Ch 21 prohibits a blanket approach
- NOT direct you back to an area at risk of DA — s.198(2A) exception to local connection
- Treat children as victims (s.3 DAA 2021)
If you have NRPF — route via MVDAC
Many councils tell NRPF survivors «you're not eligible» — and that's formally true for homeless help. But there's a route:
- Migrant Victims of Domestic Abuse Concession (MVDAC) — Home Office grants 3 months leave outside the rules + access to public funds + right to work
- Within those 3 months, apply for ILR as Victim of Domestic Abuse (Appendix VDA) or another immigration route
- From the moment of MVDAC, eligible for Universal Credit, council homeless help, refuge with state funding
In parallel: Refuges accept NRPF via the Support for Migrant Victims (SMV) scheme — up to 12 weeks safe accommodation + subsistence while MVDAC is processed.
Who can help with MVDAC
What to tell the council
Script (you can show on screen):
If the council demands a police report or says «you're not priority need», that's a breach. Request a written decision and immediately submit a s.202 review (21 days).
Children are also victims
DAA 2021 s.3: a child (under 18) who sees, hears or experiences the effects of abuse and is related to one of the parties is themselves a victim. NOT just a witness.
Tell the council this. If NRPF + children, in parallel with MVDAC, contact Social Services s.17 Children Act 1989: they can provide support regardless of immigration status (Section 17 = welfare of children in need).
Council wants to send you back — how to protect yourself
s.198(2A) Housing Act 1996 — referral between LAs is prohibited if you or a household member would be at risk of DA in the receiving district. Also under s.208 + Suitability Order: council cannot place you in a dangerous location.
If the council still tries, state the risk in writing (perpetrator's addresses, his networks, threats), request a safety plan and a s.202(1)(d) review of the referral decision.
Frequently asked questions
The council demands a police report — is that lawful?
NO. Code of Guidance Ch 21 is clear: «Authorities should not adopt a blanket approach requiring police evidence». Your credible account is enough. If demanded — that's a breach, basis for complaint.
I have NRPF — can I get into a refuge?
Yes. Refuges accept NRPF survivors via MVDAC + Support for Migrant Victims (SMV) scheme — DLUHC funded. Refuge: 0808 2000 247 — they'll find a place. In parallel, apply for MVDAC to get access to public funds.
What is MVDAC?
Migrant Victims of Domestic Abuse Concession. Home Office grants 3 months leave outside the rules + access to public funds + right to work. This unlocks Universal Credit, council homeless help, refuge access with state funding. Help: Rights of Women, Southall Black Sisters.
The council wants to send me where my abuser lives. Can I refuse?
Yes — s.198(2A) Housing Act 1996 prohibits referral to an area where you or your household are at risk of DA. Also s.208 + Suitability Order: accommodation must be safe by location.
Are children also DA victims?
Yes. Domestic Abuse Act 2021 s.3: a child who sees, hears or experiences the effects of abuse and is related to one of the parties is themselves a victim. You should say this to the council.