Máire Devine (Dublin South Central, Sinn Fein)
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68. To ask the Minister for Housing, Planning, and Local Government whether national guidance exists for social housing tenants and applicants fleeing domestic, sexual, and gender violence to another local jurisdiction; whether he is aware that local authority councils are instructing those abuse survivor transfer applicants to return to their original jurisdiction where they may not have a support network; and if he will make a statement on the matter. [52820/25]

James Browne (Wexford, Fianna Fail)
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The response to Domestic, Sexual and Gender-Based Violence (DSGBV) is a cross-Departmental and multi-agency issue, with overall policy coordinated by the Department of Justice. Responsibility for the development and provision of services to support victims rests with my colleague the Minister for Justice working in conjunction with Cuan, the statutory DSGBV agency under the remit of the Department of Justice.

In 2017, my Department issued policy and procedural guidance to local authorities relating to the role they can play to assist victims of domestic violence. The issuing of this 2017 policy and guidance was a significant action in the second national strategy on DSGBV 2016-2021, and has since played an important role in addressing the housing needs of victims and survivors of DSGBV, providing direction to local authorities in supporting victims of domestic violence. It covers a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions around the use of the Housing Assistance Payment scheme, or the Rental Accommodation Scheme, where a victim has a joint interest in the family home, or ownership of alternative accommodation, but would otherwise qualify for social housing support.

In June 2022 the Department of Justice published Zero Tolerance, the Third National Strategy on DSGBV 2022-2026. As an action in this strategy, my Department committed to a review of the 2017 Policy and Procedural Guidance for Housing Authorities in relation to assisting victims of domestic violence with emergency and long-term accommodation needs in order to ensure continuing effectiveness and consistency in responses to assist victims of domestic violence. My Department is currently engaging with Cuan in relation to this review and proposed recommendations arising from the review. Any updates to the policy and guidance will be communicated to local authorities in due course. In the meantime, local authorities operate in accordance with the 2017 Guidance.

Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual local authorities. Decisions on the assessment of households for homeless services, the most appropriate form of such support, and the allocation of that support are a matter for the local authority concerned.

Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988, provides that a local authority may provide accommodation and related services to that household.

Any household assessed as homeless may be placed into temporary emergency accommodation without the requirement to undergo a social housing assessment, allowing local authorities the flexibility that is essential to respond quickly and effectively to the various needs of cases that may arise.

Normally, emergency accommodation is provided by the relevant local authority where an applicant has a local connection, or normally resides, in order to meet an individual’s long-term housing need. However, local authorities have discretion to provide accommodation and related homeless services to a household which has been assessed as homeless and which resides outside the local authority functional area.

Operational issues in the day to day delivery of services, including provision of emergency accommodation provided through a local authority, are a matter for the relevant local authority. The Minister is prevented from intervening in relation to the procedures followed, or decisions made, by local authorities in the provision of housing support in relation to any individual.

With regard to social housing support, the qualification criteria for social housing support are set down in Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011, as amended.

A household may apply for social housing support to one local authority only, which may be the authority for the area in which the household normally resides or with which it has a local connection, or where the authority agrees, at its discretion, to assess the household for support.

Therefore, in accordance with the Regulations there is discretion for a local authority to accept applications from any household, including people fleeing domestic violence, that is not resident in its functional area without having established a local connection with the authority’s functional area. Accepting such an application is entirely a matter for the individual authority concerned.