The Domestic Abuse Act 2021 became law at the end of April 2021.
There is as new legal definition for domestic abuse as any single incident, course of conduct or pattern of abusive behaviour between individuals aged 16 or over who are “personally connected” to each other as a result of being, or having been, intimate partners or family members, regardless of gender or sexuality. Children who see, hear or experience the effects of the abuse and are related to either of the parties are considered victims in their own right. Behaviour is “abusive” if it consists of any of the following: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; or psychological, emotional or other abuse. This includes incidences where the abusive party directs their behaviour at another person such as the victim’s child.
For the full legal definition of domestic abuse, see Part 1 of the Domestic Abuse Act.
Part 2 of the Domestic Abuse Act 2021 focuses on the Domestic Abuse Commissioner, outlining their appointment, funding, staffing, and functions. The Commissioner is appointed by the Secretary of State and operates independently, ensuring that victims' voices are heard and that statutory agencies are held accountable. The Commissioner’s general functions include encouraging best practice in preventing domestic abuse, supporting victims, identifying perpetrators, and improving responses from law enforcement and social services. The Commissioner has the authority to publish reports, make recommendations, and request information from public bodies to assess their effectiveness in tackling domestic abuse. This role is crucial in ensuring a coordinated national response to domestic abuse, driving policy changes, and advocating for survivors
This area of the Act sets out new powers for dealing with domestic abuse, mainly for the police and courts. These powers include:
- Domestic abuse protection notices, which can be issued by a senior police officer if they have reasonable grounds to believe that an individual has been abusive towards someone they are personally connected to aged 16 or over. This notice can prohibit contact between the perpetrator and the victim and prevent the perpetrator from approaching the victim’s residence.
- Domestic abuse protection orders, which offers more flexible and longer-term protection and can include positive requirements for the perpetrator as well as prohibitions. The Act ensures that breaching a DAPO is a criminal offence, carrying penalties such as fines or imprisonment.
This part of the Act places a duty on each Tier One local authority in England to:
Appoint a multi-agency Domestic Abuse Local Partnership Board which it must consult as it performs certain specified functions. At Bury, we have the Bury Domestic Abuse Partnership board, which brings together key stakeholders to oversee the implementation of domestic abuse support services.
Part 4 of the Act also places a legal duty on local authorities in England to provide accommodation-based support for victims of domestic abuse and their children. This means that councils must ensure that survivors have access to safe housing and specialist services, such as counselling, advocacy, and financial assistance, when escaping abuse. The Domestic Abuse Partnership Board have recently completed a piece of work to review of what accommodation is available within the Borough and our plans moving forward. Please refer to our Domestic Abuse Safe Accommodation Needs Assessment for our latest report, and see our safe accommodation offer to find out what is available to support victims of domestic abuse.
Statutory guidance for local authorities across England: Delivery of support to victims of domestic abuse in domestic abuse safe accommodation services.
This section strengthens legal protections for victims during court proceedings. It prohibits perpetrators from cross-examining their victims in person in family and civil courts, reducing the risk of re-traumatisation. It also introduces a presumption that victims of domestic abuse are eligible for special measures - such as giving evidence behind a screen or via video link—in criminal, civil, and family courts. Additionally, it clarifies when courts can issue barring orders under section 91(14) of the Children Act 1989 to prevent abusive litigation tactics. These provisions aim to ensure that victims can participate in legal processes safely and fairly.
This area of the Act sets out new criminal offences and strengthens enforcement powers to better protect victims and hold perpetrators accountable. It creates the offence of non-fatal strangulation or suffocation, recognising the seriousness of this form of abuse even when it leaves no visible injury. The Act also expands the existing “revenge porn” offence to include threats to disclose intimate images, not just the act of sharing them. Additionally, it extends the offence of controlling or coercive behaviour to cover abuse that continues after a relationship has ended. Importantly, it clarifies that a person cannot legally consent to serious harm or their own death in the context of abuse, closing a legal loophole sometimes exploited in court. These provisions aim to reflect the complex realities of abuse and ensure the law responds more effectively to its many forms.
Part 7 of the Domestic Abuse Act (2021) focuses on jurisdiction, monitoring, and strategic oversight to strengthen the long-term response to domestic abuse. It places Clare’s Law - the Domestic Violence Disclosure Scheme - on a statutory footing, giving individuals the right to ask police whether their partner has a history of abuse. It also introduces polygraph testing as a licence condition for high-risk domestic abuse offenders released from prison, helping probation services assess ongoing risk. It also extends the extraterritorial jurisdiction of UK courts, allowing prosecution of certain violent and sexual offences committed abroad by UK nationals or residents. Finally, it requires the government to publish and maintain a domestic abuse perpetrator strategy, in consultation with the Domestic Abuse Commissioner, to improve detection, risk management, and prevention of reoffending. There are a number of other requirements it also sets out:
- Homelessness: victims of domestic abuse
- Grant of secure tenancies in cases of domestic abuse
- Medical evidence of domestic abuse: Prohibition on charging for the provision of medical evidence of domestic abuse
- Data processing for immigration purposes: Review of processing of victims' personal data for immigration purposes and a Code of practice
- Contact centres: Report on the use of contact centres in England