startnewlife Mendee CIC · London

Fleeing domestic abuse

Updated: 2 May 2026
In short

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.

999
Police
press 55 if you can't speak
0808 2000 247
Refuge
24/7 free
auto
Priority need
no vulnerability test
3 mo
MVDAC
leave + public funds
🚨 If you are in danger right now
📞 Police: 999
If you cannot speak, press 55 after connection. This is «Silent Solution» — the operator will know you need help.
📞 Refuge — National Domestic Abuse Helpline: 0808 2000 247
24/7, free, doesn't appear on your phone bill. They'll find a refuge place (including for NRPF). Interpreters available.
💬 Web chat (if you can't speak): nationaldahelpline.org.uk
Anonymous. Council won't call your home.

What counts as domestic abuse

Per Domestic Abuse Act 2021 s.1not just physical. Includes:

Physical or sexual — assault, rape, refusing contraception
Threatening behaviour — threats, intimidation, threats to children, threats of deportation
Controlling / coercive behaviour — controlling family contact, isolation, monitoring phone, taking documents, controlling clothes/food/movement
Economic abuse — taking money / debts in your name / forbidding work / controlling bank access
Psychological / emotional — humiliation, gaslighting, constant criticism

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

Since 5 July 2021 — no vulnerability test

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

This is the most common council failure

Many councils tell NRPF survivors «you're not eligible» — and that's formally true for homeless help. But there's a route:

  1. Migrant Victims of Domestic Abuse Concession (MVDAC) — Home Office grants 3 months leave outside the rules + access to public funds + right to work
  2. Within those 3 months, apply for ILR as Victim of Domestic Abuse (Appendix VDA) or another immigration route
  3. 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

Rights of Womenrightsofwomen.org.uk · free advice + immigration legal aid line
Southall Black Sisterssouthallblacksisters.org.uk · 020 8571 0800 · BME / migrant-specialist
Latin American Women's Aid, IMECE, Bawso, Safety4Sisters NW — regional specialist services
Refuge0808 2000 247 · will refer to a specialist service

What to tell the council

Script (you can show on screen):

I am making a homelessness application under Part 7 Housing Act 1996. I am a victim of domestic abuse and I am homeless as a result. Under section 189(1)(e) Housing Act 1996, as amended by section 78 of the Domestic Abuse Act 2021, I am automatically in priority need without need for a vulnerability test. Under s.188(1) you owe me an interim accommodation duty today. I do not need to provide police evidence — Chapter 21 of the Homelessness Code of Guidance confirms that my own credible account is sufficient. Please confirm in writing that my application is accepted, the address of the interim accommodation booked for tonight, and the name of the assigned officer.

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.

Sources: legislation.gov.uk · Domestic Abuse Act 2021 s.1legislation.gov.uk · DAA 2021 s.78 (priority need)legislation.gov.uk · Housing Act 1996 s.177gov.uk · Code Ch 21 (Domestic Abuse)Refuge · National DA Helpline 0808 2000 247Rights of Women — MVDAC + immigration adviceSouthall Black Sisters Updated 24 Apr 2026
🚨 Refuge — 0808 2000 247 (24/7)
⚠️ StartNewLife is an information project — not regulated by the IAA (Immigration Advice Authority). We do not provide immigration advice within the meaning of Section 84 of the Immigration & Asylum Act 1999. All content is general information only and does not replace advice from a regulated lawyer (IAA / SRA / BSB) about your specific case.