My violent ex-partner moved in two streets away

Emma Artis spent almost four years rebuilding her life after her ex-partner's domestic violence, only to find out that the man who terrorised her had been rehoused just two streets away.

Emma says she finally found the strength to leave him after years of physical, mental and financial abuse when he held a knife to her throat in 2020.

He was convicted of domestic violence offences, sent to prison and given a non-harassment order, but this has not prevented him leaving jail and being given social housing in the same village that Emma and her three children live in.

The primary school teacher told BBC Scotland News her family now feel "completely unsafe" and she fears her life could be in danger.

"You've spent so long trying to convince yourself that you're safe, to have a quality of life, not only just for you but for your children," she said.

"You don't want them living in fear, you don't want them constantly being hyper-vigilant or living with huge amounts of anxiety.

"We shouldn't still be under his arm of abuse nearly four years after he left."

West Lothian Council said that under current national legislation, local authorities were unable to prevent perpetrators from being rehomed in the same area as their victims unless there were restrictions as part of their conviction.

Near survivors

Scottish Women's Aid told BBC Scotland News it was not rare for domestic abuse perpetrators to be housed near their victims and that the housing system enabled perpetrators to continue abuse.

They are calling for best practice guidelines, which say that abusers should not be housed near survivors, to become a statutory requirement. This would make the guidelines legally enforceable.

"It's time for local authorities and housing associations to get their act together," said chief executive Dr Marsha Scott.

"We've been hearing stories about this for years, and sadly they're not suddenly disappearing because of the growth of good practice. Instead, they're just as prevalent."

Dr Marsha Scott says we have been hearing stories about this for years

Domestic abuse is the main cause of homelessness for women in Scotland, and Dr Scott described the housing situation for survivors as a "postcode lottery" depending on what council they live in.

"People need to understand that even when they're separated, the domestic abuse continues in the vast majority of cases, especially if there are children in the family," she says.

"And our courts and our housing system enable perpetrators to continue to abuse even if they're not living with the women and children."

Research from Scottish Women's Aid and the Chartered Institute for Housing Scotland found that despite 73 social landlords in Scotland pledging to meet good practice guidance, only nine met the requirements.

Emma, who is studying for a masters degree, feels that the same authorities that swore to protect her when she fled abuse are putting her and her children back in danger.

"The [local authority] have not protected my children's right to play because they now cannot leave the house, they have not protected their right to education because they have not got the emotional or mental capacity to feel safe enough to actually learn at school, and they've not protected their right to heal from trauma or abuse."

She says they have no choice now but to lock their doors and be vigilant every time they leave home.

Experiencing abuse

Despite this, Emma wants women experiencing abuse to know that they can still rebuild their lives and find protection when they feel strong enough to leave.

"If you're still living with your perpetrator this isn't the best story to hear, that so many years later you might still be affected," she says.

"But I'm not in the house with him, I'm not experiencing abuse every day, and there are aspects of protection.

"When you feel strong enough, and it will come, get your stuff and leave.

"You have a right to leave, they don't have a right to follow you."

Justice Secretary Angela Constance said in a statement that there was "no excuse for domestic abuse".

Ms Constance added: "The conditions of any non-harassment order imposed on an offender, including the locations they are allowed in, are for the independent courts to decide and the Scottish government cannot comment on or intervene in this.

"However, I have written to Emma twice to pass on what I hope will be helpful information about the legal position, her rights and the support available to her. I have also encouraged her go to police if the perpetrator of her abuse breaches the terms of their non-harassment order.

"It was through domestic abuse legislation in 2018 that the Scottish government changed the law to make it mandatory for a non-harassment order to have to be considered by the court to protect victims as part of sentencing in all domestic abuse convictions. We will continue to do all we can to tackle domestic abuse and support victims."