The Domestic Abuse Act 2021 and its impact

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By Tamzin Leicester Nash

The Domestic Abuse Act 2021 and its impact. 

The Key Features of the Act

Domestic abuse is defined as ‘Behaviour of a person (“A”) towards another person (“B”)’ which consists of any of these:

  • Physical or sexual abuse
  • Violent or threatening behaviour
  • Economic abuse
  • Psychological, emotional or other abuse.

The act further classifies children as victims of domestic abuse if they see, hear, or experience the effects of the previously described abuse if they are related to either A or B.[1]

A key feature of the Domestic Abuse Act 2021 is that it now defines cohersive control as a form of abusive behaviour. Cohersive control is a ‘pattern or repeated acts of threats, assault, humiliation and intimidation or other forms of abuse that are used to frighten, intimidate, harm or punish their victim’[2]. As well as getting rid of the “rough sex” defence, making it an offence to deliberately strange another person or to restrict their ability to breath[3]. 

The Domestic Abuse Protection Order (DAPO) and the Domestic Abuse Protection Notice (DAPN) protects victims from all forms of domestic abuse by giving them immediate protection following an incident[4]. Alongside this, local authority support will ensure that victims and their children will be able to reside in: ‘refuge accommodation; specialist safe accommodation; dispersed accommodation; sanctuary schemes; and move-on or second stage accommodation’[5].

Background Information

An estimated 2.3 million adults (aged between 16 to 74) experienced abuse in the year ending March 2020 with two-thirds of them being female[6]. The cost of domestic abuse in the year ending March 2017 is estimated to be approximately £66bn while the measure put in place by the Act will only cost between £247 to £300 million per year once it is fully implemented[7].

Since the beginning of COVID-19, there has been an increase by 49% compared to pre-lockdown[8]. Further, everything is exacerbated by ‘poor policing’[9]. Commentators have highlighted connection between football and an increase in domestic violence- which increases by 38% when England loses and 26% when they win or draw[10]. 

Conclusion

While legislation is very  important, alone it is not enough. Services for domestic abuse victims need to be properly funded to ensure that proper change occurs, especially since the legal aid means test prevents many in poverty from accessing justice[11]. Local governments have a duty to fund support for ‘accomodation based’ services, but there needs to be more support and guidance provided to survivors and their children[12]. 

[1] Domestic Abuse Act 2021

[2] ‘What The New Domestic Abuse Act Means for Women’ (SACPA, 19th May 2021) https://www.sacpa.org.uk/2021/05/19/what-the-new-domestic-abuse-act-means-for-women/ accessed 21st September 2021

[3] ‘Domestic Abuse Act 2021’ (Women’s aid, 18th April 2018) https://www.womensaid.org.uk/what-we-do/campaigning-and-influencing/campaign-with-us/domestic-abuse-bill/ accessed 21 September 2021

[4] ‘Domestic Abuse Protestion Notices/ Orders factsheet’ (Gov.uk, 18 May 2021) https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-protection-notices-orders-factsheet accessed 26 July 2021

[5] ‘Local authority support for victims of domestic abuse and their children within safe accommodation factsheet’ (Gov.uk, 18 May 2021) https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/local-authority-support-for-victims-of-domestic-abuse-and-their-children-within-safe-accommodation-factsheet accessed 26 July 2021 

[6] ‘Domestic Abuse Act 2021: overarching factsheet’ (Gov.uk, 18 May 2021) https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-factsheet accessed 19 July 2021

[7] ‘Domestic Abuse Act 2021: overarching factsheet’ (Gov.uk, 18 May 2021) https://www.gov.uk/government/publications/domestic-abuse-bill-2020-factsheets/domestic-abuse-bill-2020-overarching-factsheet accessed 19 July 2021

[8] Sandra Walklate, Barry Godfrey & Jane Richardson, ‘Changes and continuities in police reponses to domestic abuse in England and Wales during the Covid-19 ‘lockdown’’ [23 Feb 2021] An International Journal of Research and Policy <https://www.tandfonline.com/doi/full/10.1080/10439463.2021.1896514 > accessed 26 July 2021

[9] Sandra Walklate, Barry Godfrey & Jane Richardson, ‘Changes and continuities in police reponses to domestic abuse in England and Wales during the Covid-19 ‘lockdown’’ [23 Feb 2021] An International Journal of Research and Policy <https://www.tandfonline.com/doi/full/10.1080/10439463.2021.1896514 > accessed 26 July 2021

[10] Anna Trendl ‘The link between England football victories and the recorded increase in alcohol-related domestic abuse is likely to be causal’ [23 Feb 2021] British Politics and Policy at LSE <http://eprints.lse.ac.uk/109155/1/politicsandpolicy_england_football_alcohol_domestic.pdf > accessed 26 July 2021

[11] ‘Domestic Abuse Act 2021’ (The Law Society, 2 June 2021) https://www.lawsociety.org.uk/en/topics/family-and-children/domestic-abuse-act-2021 accessed 17 July 2021

[12] ‘Domestic Abuse Act 2021’ (Women’s aid, 18th April 2018) https://www.womensaid.org.uk/what-we-do/campaigning-and-influencing/campaign-with-us/domestic-abuse-bill/ accessed 21 September 2021