News | Local authority's duty to victims of domestic violence clarified
In the case of Yemshaw v London Borough of Hounslow [2011 ] UKSC 3, the Supreme Court has clarified the law regarding a local authority's housing duty to victims of domestic violence. The case raised the issue of what actually constituted domestic violence as described in the Housing Act 1996.
In this case a woman left her martial home, with her two young children and asked her local housing authority to re-house her, claiming she was fleeing from domestic violence. The housing authority rejected her request as her husband had never actually been - or threatened to be - physically violent towards her. The woman believed that his behaviour, which included shouting in front of the children was such that if she confronted him, he would hit her.
The woman appealed against the local authority’s decision and eventually the case found its way to the Supreme Court. Her appeal was allowed and the court ruled that domestic violence, within the Housing Act 1996, can have several meanings. Lady Hale, who gave the leading judgement held that domestic violence "can be threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, may give rise to the risk of harm." The matter has now been returned to Hounslow Housing Authority to reconsider its position. Perhaps now, all victims of domestic violence, including those at risk of harm can be assured of housing assistance.
For further information or assistance with any issue relating to domestic violence, please contact us on 0114 321 1888 or email divorce-enquiries@graysons.co.uk
