Women, Homelessness and Domestic Violence.

In this seminar paper, I will discuss women and homelessness. I will consider whether housing policy and legislation has enabled women to access independent social housing when their relationships break down. I will also consider how political discourse constructs ideological concepts of the 'family' and the 'home', and discuss how this influences and determines the range of opportunities for women. Understanding gender divisions is important for social policy, because issues affecting women are part of the agenda.

Watson and Austerberry (1986), define homelessness as, ' a continuum ranging from sleeping rough through hostels to various insecure and temporary arrangements, with women's homelessness often concealed at this latter end' (Cited in Gilroy & Woods, 1994, p.156)

At this point, it is important to recognise that 'homelessness' is a category, which has shifted over time. As Sophie Watson states, ' it is an historically and culturally specific phenomenon and a relative concept' (1999, p.84). Likewise, Watson & Austerberry (1986) remark,

As well as being forever 'ambiguous', definitions of homelessness are relative not only to time and culture, but 'between forms of households and within the household unit itself'. (Cited in, Pryke, Hughes & Lewis, 1998, p.150)

How homelessness is understood therefore reflects the ways in which society is organised. Watson (1999) states, 'given the traditionally dominant association of women with the family, with the domestic and private arena, home is likely to have particularly strong gendered connotations and so is homelessness'. (1999, p.84)

Neal (1997), identifies why women are more likely to experience homelessness more than men are. Women still tend to have lower incomes than men, and care responsibilities, which increase dependence on men and reduce their resources for housing. When relationships become violent, Pascall (et al), suggests, ' women's access to independent housing is sharply tested ' (2001, p.293)

In recent decades, domestic violence has been high on the political agenda. Charles (1995) argues, the refuge movement now known, as Women's Aid has been instrumental in effecting changes, which grant certain rights to women threatened with domestic violence.

The Domestic Violence Act (1976) and The Homeless Persons Act (1977) brought the first legal recognition of women's need to escape from violence in their own homes. (Pascall & Morley, 1996, p46)

While the Domestic Violence Act (1976) offered women limited legal protection against domestic violence, the Housing (Homeless Persons) Act (1977) did recognise domestic violence as a legitimate cause of homelessness. In addition, the 1977 Act placed a statutory responsibility for homeless people on local authorities for the first time. Robson and Watchman (1981), described the 1977 Act as ' a major landmark in social legislation, one of the last reforming measures of the social democratic consensus' (cited in Pascall & Morley, 1996, p.190)

Nevertheless, they were also critical of the way many local authorities evaded their responsibilities. Essentially local authority departments were required to satisfy themselves that people who applied for housing were effectively homeless, had a priority need and were not intentionally homeless. Only people who satisfied the relevant criteria were entitled to accommodation. However, Loveland (1994) argues,

Such discretion-laden criteria would encourage many councils to minimise, if not evade their obligations. (Loveland, 1994, p.369)

At the same time, homelessness, priority need, and intentional homeless could be interpreted and managed differently by local authorities. On that basis, Robson & Watchman (1981), suggested local authorities were effectively able to transform the bill from a measure, which provided homeless people with a right to accommodation into a measure which presented them with a series of obstacles and hurdles, which had to be successfully negotiated before their right to accommodation could be claimed. One of the obstacles could be described as ...

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Such discretion-laden criteria would encourage many councils to minimise, if not evade their obligations. (Loveland, 1994, p.369)

Without doubt, the importance of morality, both within the housing legislation, as well as to its interpretation is significant because,

If the traditional divide in welfare legislation has been between the deserving and the undeserving, the distinction made in homelessness legislation (in retrospect) was between the most deserving and the less deserving. (Cowan, 1998, p.438)

Despite the difficulties, the 1977 Act recognised that access to safe permanent housing was an essential resource that enabled women to protect themselves against violence.

Although no housing minister has said he wants to limit women's ability to escape domestic violence, ideological factors significantly influence how governments and local authorities define and respond to the 'problems' of homelessness. Legislative definitions of homelessness are problematic as they define the governments' responsibility in a legal sense.

The definition of homelessness given in the 1977 Act and subsequently in the 1985 Act is as follows,

Someone is homeless if there is no accommodation in England, Wales or Scotland which that person can reasonably occupy together with anyone else who normally lives with them as a member of their family or in circumstances in which it is reasonable to do so. (DoE, 1991, cited in Burrows, Pleace & Quilgars, 1997, p.7)

An important point here is who decides what is 'reasonable'.

Where domestic violence is concerned, there are legal remedies in the form of injunctions, which enable women to remain in or return to their to Bull (1993), it became apparent that the ability of women to return home, ' by pursuing legal remedies in the short or long term was still an important factor in determining whether or not an applicant was considered by a local authority as homeless' (Cited in Lund, 1996, p.146). Likewise, Malos & Hague (1997) state,

While some authorities' policies placed the problems of domestic violence at the centre of their policies, individual housing officers' attitudes to domestic violence often varied from sympathetic to hostile. (Malos & Hague, 1997, p.406)

Hostility towards lone mothers dominated political debates throughout the 1980's and 1990's. Pascall (et.al 2001) suggests, the Conservative 'family' agenda was driven by fears that the, 'homelessness legislation encouraged teenage pregnancy, family breakdown and all the other ills that were thought to flow from the increasing numbers of lone mothers' (Pascall, et.al, 2001, p.298). Consequently, the Housing Act 1996 removed the right to permanent housing for homeless applicants and replaced it with a right to temporary housing for 'roofless' people and reduced the government's statutory responsibility.

In reality, the homelessness legislation gave rights to housing for certain categories of people, but there was insufficient housing to meet that need. More than that, by suggesting the homeless legislation encouraged teenage pregnancy and family breakdown, Cloke (et.al.) argues, 'the government was able to detract attention away from the central issue, namely the inadequacy of supply ' (2000, p.742)

Woods (1996) argues, that the sale of council houses was a central element in the Conservative Government's privatisation programme and had a significant impact of local authority housing stocks. The 'Right to Buy' legislation was also accompanied by strong ideological arguments against direct state involvement in the provision of housing. The government also reduced local authority housing stocks,

Through the sale and transfer of council property to housing associations and, more recently 'local housing companies' (Cloke, (et.al 2000, p.740)

The government encouraged alternative providers of social housing in line with its desire to limit the role of local authorities and re-establish a more market-orientated system. At the same time as reducing local authority housing stocks, attempts were made to revitalise the private rented sector.

However, as Burrows & Walentowicz (1992), point out,

The 1998 Housing Act shift to market rents has led to rent increases which have made the private rented sector increasingly inaccessible to most low income households, many households simply cannot afford to pay market levels of rent, even with housing benefit. (Cited in, Pryke, Hughes & Lewis, 1998,p.146)

In addition, Miller (1990), states, ' twice as many women as men suffer harassment and poor living conditions in the private rented sector ' (Cited in Hallet, 1997, p.75). Likewise in relation to this tenure Hampson (1975-81), notes, 'private rented housing is a residual form of tenure and high proportions of this tenure correlate well with housing deprivation and multiple deprivation ' (Cited in Open University module D101, Lecture notes 4th October 2002.)

Without question, in a market dominated system where access to housing is determined by a person's ability to pay, rather than on their need, Women on low incomes are disadvantaged.

On the other hand, in the social sector it is need rather than the ability to pay which determines access, but as Clapham (et.al. 1990) comment,

It is important to note that 'need'---is a social construct. That is to say, rather than being objectively determined and self-evident, need is defined by professionals such as housing managers--- [where demand for accommodation is greater than its supply, definitions of need become a bureaucratic rationing device]. (Cited in, Pryke, Hughes & Lewis, 1998, p.144)

Next, I will consider New Labour's Housing Green Paper- Quality and Choice: a decent home for all (DETR, 2000). New Labours key principles are about opportunity, choice and an adequate supply of decent housing. For women escaping domestic violence there are two significant proposals in the Green Paper. Firstly, Labour propose to put people who are vulnerable because they are 'fleeing harassment or domestic violence in priority need ', (DETR 2000, p.89).

This is a significant change in policy, as previously women were not automatically considered as being in 'priority need' solely on the ground that they were fleeing from domestic violence. However women without children are not considered 'priority need'.

Despite the change in policy, Pascall (et.al.2001) argues, ' the priority to be given to women experiencing domestic violence still lies in the hands of myriad and diverse local housing authorities'. (Pascall, et.al.2001, p.306)

Secondly, the Green paper highlights homelessness and recognises one of the ways to alleviate it is through permanent social housing. However the decline in social housing is well documented, and Mullins & Niner (1998) argue, 'the nature of local housing stock will always play a crucial role in the changing, pattern of access to social housing' (1998, p.192)

Paris & Muir (2002), suggest, New Labour are committed to strengthening the role of local authorities as 'enablers' rather than 'providers' of social housing.

Women's ability to access independent social housing is linked to wider issues of discrimination and prejudice.

Malos & Hague (1993), highlight some of the issues,

homeless legislation has been interpreted inconsistently throughout the country: some local authorities have recognised the serious nature of domestic violence and consequent homelessness, and developed good practice: others, however, take a much harsher view of the law, such that many women are left in insecure and dangerous situations. (Cited in Women's Aid, 2002, p.9).

The Women's Aid Federation suggests, despite New Labour's support for initiatives to tackle domestic violence, the wider issues of discrimination and prejudice remain.

Finally, in this seminar paper I have highlighted how political ideology underpins housing policy and legislation and restricts women's opportunities. Traditional views of the home are of family relationships, made up of heterosexual married couples living with children or other relatives. Women's ability to escape from violent relationships and live independently challenges traditional family norms. The 'breakdown' of the family has dominated political debates in recent years, and highlighted lone mothers as a growing ' social problem'. Housing legislation has constructed some people as being in housing need, the 'deserving' but excluded others the 'undeserving'. Consequently, for many homeless women we see the movement towards social exclusion.

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