Supporting victims of domestic abuse

Action is being taken to ensure domestic abuse survivors are not unfairly burdened by council tax debt.

The Scottish Government will create a statutory exception to joint and several liability rules to protect those who have faced domestic abuse, with a consultation launching as the first step in the process of reform.

This will mean that, where relevant criteria are met, survivors would only be liable for 50% of their liability for both council tax and water & sewerage charges. They would also be able to seek support from the local authority in reducing that remaining liability or removing it entirely.

From 1 April 2027, survivors and all council taxpayers will also benefit from a 63-day period after missing a council tax payment before any enforcement action can be taken.

The consultation will consider other reforms planned for all council taxpayers including:

• Improving processes around council tax administration and enforcement
• Easing rules around the backdating of council tax reduction
• Exploring changes to the rules around the twenty-year debt expiration (prescription) period

Deputy First Minister Jenny Gilruth said:

“This government is taking action to tackle the epidemic of violence against women and girls.  We know that financial issues can too often be a barrier to leave an abusive relationship and so we must act where we have the power.  We will ensure that our council tax system protects and supports those who have experienced domestic abuse.

“Controlling a person’s finances, building up debt in their name without their knowledge, or forcing them to take on debt through threats or coercion are all forms of abuse.

“This package of reforms will ensure women are not unfairly burdened by council tax debt, and prevent women being tied to men who abuse them by a debt to the state.”

Dr Marsha Scott, CEO of Scottish Women’s Aid, said:

“We welcome the Scottish Government’s commitment to introducing a statutory exception from joint and several liability for council tax. Women experiencing domestic abuse can be left facing debts they knew nothing about because of an abusive partner’s financial control. This financial abuse can leave women facing significant debt and hardship, making it harder to leave the abusive partner and rebuild their lives. This change is a step towards reducing women’s liability for debt that is not their own.”

Derek Mitchell, CEO of Citizens Advice Scotland, said:

“Council tax debt is the most common type of debt people seek advice about from our network of local Citizens Advice Bureaus (CAB). We very much welcome the extension to the period before debt recovery begins. This will be crucial for helping people who are struggling to pay their council tax, giving them much-needed time to get advice and support from their CAB. The wider review of council tax administration can play a vital role in rewiring the system to prevent unnecessary debt and support people to make payments.”

Background

The Scottish Government’s Statement of Action following the statutory review of joint and several liability for council tax arrears and how they impact victim-survivors of domestic abuse can be found here - https://www.gov.scot/isbn/9781807757281

Joint and several liability for council tax means two or more people can be liable for paying the council tax on a particular property. Where a bill is not paid and debt has accrued, a local authority can pursue the full payment from any of the jointly liable people. This means each person can be pursued for the entire amount, not just their individual share.