The Allocation of Housing (Qualification Criteria for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025

These regulations, effective July 10, 2025, prohibit English local housing authorities from using local connection criteria when allocating housing to victims of domestic abuse and care leavers.

The regulations define 'domestic abuse' according to the Domestic Abuse Act 2021 and specify 'eligible', 'relevant', and 'former relevant children' by referencing the Children Act 1989.

The aim is to improve housing access for these vulnerable groups.

Arguments For

  • Intended benefits: These regulations aim to improve housing access for vulnerable groups, specifically victims of domestic abuse and care leavers, by removing barriers caused by local connection requirements. This should lead to greater safety and stability for these individuals.

  • Evidence cited: The regulations are based on the understanding that victims of domestic abuse and care leavers often lack stable local connections and may need to relocate to escape harm or secure independent living. This approach is consistent with the UK's commitments to supporting these vulnerable populations.

  • Implementation methods: The regulations directly instruct local housing authorities on permissible allocation criteria. Enforcement could involve audits and complaints procedures.

  • Legal/historical basis: The regulations are enacted under the power granted by section 160ZA(8)(b) of the Housing Act 1996, demonstrating a legal foundation for these changes.

Arguments Against

  • Potential impacts: Some argue that removing local connection requirements could strain housing resources in certain areas, leading to longer waiting lists for other applicants.

  • Implementation challenges: Ensuring consistent application of the regulations across all local housing authorities might be challenging. Monitoring compliance and addressing inconsistencies could require significant resources.

  • Alternative approaches: Alternative solutions might include targeted funding for specific housing initiatives to aid victims of domestic abuse and care leavers, or prioritizing those with urgent needs within existing frameworks.

  • Unintended effects: Removing local connection requirements might incentivize individuals from other areas to seek housing in areas with abundant resources, potentially exacerbating existing inequalities.

  1. Citation, commencement, extent and application (1) These Regulations may be cited as the Allocation of Housing (Qualification Criteria for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025 and come into force on 10th July 2025. (2) These Regulations extend to England and Wales and apply to local housing authorities in England only.
  1. Qualifying persons criterion (1) In deciding what classes of persons are not qualifying persons under section 160ZA(7) of the Housing Act 1996, a local housing authority in England may not use the criterion set out in this regulation. (2) The criterion is that a relevant person must have a local connection to the district of a local housing authority. (3) A relevant person is a person who— (a) is or has been a victim of domestic abuse carried out by another person, who needs to move for reasons connected with that abuse, including from accommodation initially occupied on a temporary basis, or (b) is an eligible child, a relevant child or a former relevant child. (4) In this regulation— “domestic abuse” has the meaning given by section 1 of the Domestic Abuse Act 2021; “eligible child” has the meaning given by paragraph 19B of Schedule 2 to the Children Act 1989; “relevant child” has the meaning given by section 23A(2) of that Act; “former relevant child” means a person aged under 25 who falls within the meaning given by section 23C(1) of that Act.

Signed by authority of the Secretary of State for Housing, Communities and Local Government Matthew Pennycook Minister of State Ministry of Housing, Communities and Local Government 17th June 2025

EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations prescribe a criterion which local housing authorities in England may not use in deciding what classes of persons do not qualify for an allocation of housing. They provide that a local housing authority may not apply a local connection test to domestic abuse victims who are moving for reasons connected to that abuse, including from accommodation initially occupied as a result of that abuse on a temporary basis. They also provide that a local housing authority may not apply a local connection test to eligible, relevant or former relevant children. Such children are care leavers aged 16 to 24 who have spent a period of, or periods amounting to, at least 13 weeks in care in England or Wales since their 14th birthday, of which at least one day was since attaining the age of 16. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.