This page provides guidance for survivors of domestic abuse who have a child, who have NRPF, who are seeking support under section 17 Children Act 1989 from the local authority.
Survivors of domestic abuse may be able to access accommodation and financial support under section 17 of the Children Act 1989. Social services can fund a refuge space for a survivor and children, or they can pay for alternative safe accommodation, refer to a specialist domestic abuse agency, coordinate a multi-agency risk assessment conference (MARAC), and support with child visitation arrangements if appropriate.
If a local authority refuses to assess or support you fleeing domestic abuse, you may be able to challenge this. Below are some common reasons for refusals and guidance on how to address them:
A local authority may refuse to support a destitute family fleeing domestic abuse on the basis that they are undocumented and do not have a pending immigration application. This practice prevents vulnerable children and families from accessing vital support. Undocumented survivors should get immigration advice as soon as possible, you can find a solicitor here: https://find-legal-advice.justice.gov.uk/.
Individuals in the UK on a spouse visa may be able to get further support under the Migrant Victims of Domestic Abuse Concession, more information below.
Applying for Migrant Victims of Domestic Abuse Concession
Survivors who are making an application for indefinite leave to remain under the Domestic Violence Rule can access accommodation and welfare benefits through the MVDAC while making this application. More information here.
Section 84(1) of the Immigration and Asylum Act 1999 prohibits the provision of immigration advice or services other than by a 'qualified person'. It is a criminal offense for an unqualified person (such as a social worker or NRPF caseworker) to advise or assist with a MVDAC application. Individuals should seek independent immigration advice as quickly as possible.
Contacting the perpetrator of abuse
The Homelessness Code of Guidance for local authorities states that “housing authorities should not approach the alleged perpetrator, since this could generate further violence and abuse.” Although the Homelessness Guidance is not directly applicable in section 17 it is useful to refer to this when challenging these types of decisions. It is particularly important to state clearly in the section 17 referral if there is an active safety risk and to avoid contacting the perpetrator.
Placing children with the perpetrator
Social workers may assess that it’s safe for children to be placed with the abusive parent as they have access to secure accommodation and income. Depending on the facts of the case, separating the children from their sole carer by placing them with the perpetrator whose abuse they have witnessed could have a detrimental impact upon them and is contrary to their best interest.
Section 3(2) of Domestic Abuse Act 2021 confirms that a child who sees or hears, or experiences the effects of, domestic abuse and is related to the person being abused or the perpetrator is also to be regarded as a survivor of domestic abuse. Placing the children with the perpetrator would therefore be placing survivors of abuse with their perpetrator.
Social services cannot compel an unwilling parent to take custody of their children and the perpetrator may not be willing or able to take care of the children - especially if the survivor has previously provided all the children’s day-to-day care including emotional support, cleaning, cooking, bathing, and playing.
To separate the children from their sole carer may also be an unjustified interference with the children and survivor’s Article 8 rights under European Convention Human Rights (ECHR). If the survivor continues to experience domestic violence due to the local authority’s position, then they may also suffer an Article 3 (ECHR) breach on their rights.
Disbelieving domestic abuse and/or refusing to support if abuse has not been reported to the police
The survivor’s statement should be treated as evidence of domestic abuse in and of itself. Many migrants face difficulties in disclosing abuse due to religious and/or cultural pressures, language barriers, having no recourse to public funds, fear of bringing shame to their 'family honour' and distrust of authorities - in particular the police and the Home Office. This is especially true if the survivors visa is linked to their partner’s. The Homelessness Code of Guidance states that local authorities must not make judgements about what an applicant should have done to mitigate the risk of abuse. For example, an applicant should not be refused help because they have not sought help from the police.
Further information and support
‘No Recourse Fund’
Survivors who are ineligible for MVDAC and section 17 support may be able to access financial support from charities including Southall Black Sisters (London), the Angelou Centre (Newcastle) and Safety4Sisters (Manchester), which operate a ‘No Recourse Fund’. The No Recourse Fund can contribute to rent and subsistence for a limited time and may pay only part of an applicant’s rental and living costs. It is a ‘last resort’ fund which means that all other entitlements to cover rent and subsistence must be pursued, including where relevant, the MVDAC and social services support. You can contact the organisations mentioned here to find out about criteria for eligibility and how to apply.
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