PE01756: Review current housing legislation to protect people experiencing domestic or elder abuse

Housing Planning

Petitioner: James Mackie


Date Lodged: 23 October 2019

Calling on the Scottish Parliament to urge the Scottish Government to review current housing legislation in circumstances where a non-tenant has been responsible for domestic or elder abuse. 

Petition History:


21 November 2019: The Committee agreed to write to the Scottish Government. It also agreed to delegate authority to the clerks to write to other relevant stakeholders. Link to Official Report of Meeting 21 November 2019        

3 September 2020: The Committee agreed to write to the Scottish Government. It also agreed to write to Fife Council, Action on Elder Abuse and Age Concern Scotland. Link to Official Report of Meeting 3 September 2020

12 November 2020: The Committee agreed to write to the Scottish Government. Link to Official Report of Meeting 12 November 2020

13 January 2021: The Committee agreed to close the petition under Rule 15.7 of Standing Orders on the basis that the Scottish Government has introduce a Bill that will provide the courts with a new power to impose protective orders which can remove a suspected perpetrator of domestic abuse from the home of a person at risk and prohibit them from contacting or otherwise harassing the person at risk while the order is in effect. Link to Official Report of Meeting 13 January 2021

Written submissions

PE1756/A: Petitioner submission of 18 November 2019 (66KB pdf)

PE1756/B: Shelter Scotland submission of 20 December 2019 (136KB pdf)

PE1756/C: Association of Local Authority Chief Housing Officers (ALACHO) submission of 20 December 2019 (72KB pdf)

PE1756/D: Scottish Government submission of 10 January 2020 (121KB pdf)

PE1756/E: Petitioner submission of 14 January 2020 (71KB pdf)

PE1756/F: Chartered Institute of Housing submission of 23 January 2020 (136KB pdf)

PE1756/G: Petitioner submission of 27 January 2020 (61KB pdf)

PE1756/H: Scottish Government submission of 29 September 2020 (81KB pdf)

PE1756/I: Age Scotland submission of 2 October 2020 (107KB pdf)

PE1756/J: Petitioner submission of 2 October 2020 (9KB pdf)

PE1756/K: Hourglass Scotland submission of 12 October 2020 (177KB pdf)

PE1756/L: Petitioner submission of 29 October 2020 (9KB pdf)

PE1756/M: Scottish Government submission of 3 December 2020 (65KB pdf)




  • Should tenants have the right to ask partners or other family members to leave a property when there has been a history of domestic or elder abuse?





Perpetrators of domestic abuse should forfeit their right to a shared tenancy and be evicted from the property, leaving the woman and children if any to enjoy the tenancy in their own right.

Morag Frame

12:16 on 03 Oct 2019

The recently introduced Domestic Abuse legislation is increasing the severity of this problem. Audit Scotland report an increase in numbers of individuals being detained and creating a shortage of custody places. People are being apprehended and detained with little or no evidence and then days later released on the orders of the Procurator Fiscal with no charges being proceeded on. In many cases children are taken into care. Once a parent has been apprehended and where no further proceedings are taken against them, social workers hold this as proof that there ahs been domestic abuse. One police officer told me that the outcome is totally irrelevant. It is the original complaint that must be the key decision marker.

James A Mackie

10:13 on 03 Oct 2019

I agree with the wording of this legislation..

Audrey Watt

17:29 on 12 Sep 2019

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