What to do if the council will not help with domestic abuse
You can challenge the council if you're at risk of domestic abuse and they will not help.
Sometimes councils get things wrong and do not help when they should.
For example, they might say that you:
do not count as homeless because you're sofa surfing
are homeless but can stay in your home until the council finds another place for you
do not have priority need because you do not have children with you
have home rights so can stay in your home because you are married or civil partners
are not homeless because you own your home or have a tenancy
Example
Alex lives with their partner in a private rented joint tenancy.
Alex's partner often shouts at them, checks Alex's phone messages and says they cannot go out. They have also started being physically violent. Alex contacts the council for help.
The council should agree that Alex is homeless and needs help, because it's not safe to stay in the rented home.
The council should not say that Alex can go home, or that Alex is not homeless because they have a tenancy.
What you can do
Use our letter template if you're turned away without help.
Copy the text into an email to the council.
You can also show your letter to the council in person or read it out over the phone.
Do not worry about the legal language towards the end of the letter. It is there to remind the council of the laws they must follow. Copy it into your letter so that the council can see it.
[Use the subject: Homeless and at risk of domestic abuse]
To the homeless team
My name is [your name].
I asked the council for help on [date].
I am experiencing domestic abuse in my home and need to leave.
I need emergency housing for myself [and for other members of my household. List their names and ages].
I was told you could not help because [say what the council told you, for example, if they said that you are not homeless because you're staying with friends].
This is wrong. I am experiencing domestic abuse. You must give me emergency accommodation if I need it. You must also take a homeless application from me.
I am eligible for assistance because [say what your immigration status is, for example, you are a British citizen, have EU settled status or indefinite leave to remain].
Section 177(1) of the Housing Act 1996 says it is not reasonable for someone to continue to occupy accommodation if it is probable that this will lead to violence or domestic abuse against them or a member of their household.
Section 189(1)(e) of the Act says that anyone who is homeless as a result of domestic abuse has a priority need for accommodation.
Section 188(1) of the Act says the housing authority must provide interim housing if you have reason to believe someone may be homeless, eligible for assistance and have a priority need.
Please see Chapter 21 of the Homelessness code of guidance for local authorities for more guidance on how you should treat my application.
Please contact me immediately on [phone number or email].
Download the letter if you want to send it as an email attachment or print it out:
Word template: Homeless and at risk of domestic abuse (docx 24kb)
OpenDocument template: Homeless and at risk of domestic abuse (odt 12kb)
Ask for a review
The council must give you a letter if they decide not to help you.
The letter must give reasons for not helping you.
You can ask for a review of a homeless decision. Do this within 3 weeks of getting the letter.
You could get free legal help if you have a low income.
Make a formal complaint
You can complain about not getting help by using the council complaints process.
This could help improve the council services for yourself and others in the long term.
But it's unlikely to help you right away, because the process can take some time.
Ask your councillor or MP for help
You can ask your local councillor or MP for help.
Councillors are elected representatives for your local area. They could talk to the housing team about your case.
Find your local councillors on GOV.UK
Some MPs run advice surgeries for local people and have caseworkers to help.
Find your local MP on the UK Parliament website.
More on when the council will not help
Find out more about what to do if the council will not help when you're homeless.
Last updated: 29 November 2023
