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ASB, Prevention or Cure? Gez Kinsella, CIH ASB Consultant

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Overview

• Understanding the impact of Anti-Social Behaviour, Crime and Policing Act

• Examples of effective preventative approaches

• Understanding the fundamentals which underpin effective casework

• The importance of proactive partnerships


ASB, Crime and Policing Act 2014 – the need for new legislation

“We will introduce faster and more

effective powers to stop the

dangerous and yobbish behaviour

of those who make victims‘ lives a

misery. We will replace 19

complex existing powers with six

simple new ones. We will also help

speed up the eviction of anti-

social tenants.”


Six New Tools and Powers


The Injunction

• Knowing which agency is taking injunction action, communicating breaches

• Youth Courts – sector limited experience

• YOTs – a new partner

• Positive Requirements – who enforces, dual role, resources?


Community Protection Notices

• Issued by – LA, Police, PCSOs and landlord (if LA designated)

• Appeal via Magistrates court with 21 days

• Breach = offence = fine

• Fixed penalty notice can be issued (up to £100)

• Will LA have resources to issue? Get agreement over priorities

• Timescales, eg warning, issue and breach not specified


Closure of Premises Order

• Issued by Police or LA

• Notice can be served if “nuisance” /disorder or preventing “nuisance” and disorder from occurring

• Must endeavour to inform occupants

• Max 48 hours notice

• Hearing, no later than 48 hours after serving Notice

• Period no more than 3 months

• Now easier and absolute possession pathway – a more favoured route?


Discretionary Grounds for Possession

• Amd to ‘85 Act Ground 2 (secure), ‘88 Act Ground 14 (assured) –discretionary grounds for possession:

• “(x) has been guilty of causing or likely to cause a nuisance or annoyance to the landlord of the dwelling house…in connection with the exercise of…the housing management functions”

• Useful where no tenancy agreement record

• Protects staff from harassment, as well as violence

• New discretionary ground: Conviction of riot offences (dwelling houses in England only)


Absolute Grounds for Possession

• Mandatory grounds - 5 conditions:

– Conviction for serious offence

– Breach of Injunction

– Breach of CBO

– Property subject to closure order (> 48 hours)

– Breach of statutory nuisance notice


Absolute Grounds for Possession

• Internal Review required

• Secure tenants – existing statutory right

• Assured tenants – GP to follow same process

• Needs to be swift, so keep simple

• Key defence – proportionality

• Work more closely with Environmental |Health, (stat nuisance), Police (closure orders/CBO) – route to mandatory possession

• Should lead to quicker hearings, reduced legal costs, but do you need Board permission?


SI 2014 No. 2554 – Review Procedure for Absolute Ground

• Application must be made, including:

Name/address

Details of the decision that is requested to be reviewed

Grounds for why review sought

Whether the tenant does or does not want an oral hearing (must have oral hearing if requested)

Whether documents can be received by email and, if so, relevant email address (received on date sent)

11


Criminal Behaviour Orders

• Purpose: Where someone has been engaged in ASB and has been convicted of an offence, the CBO is to stop/prevent the behaviour

• Key features:

• ASB does not need to be part of the criminal offence

• Application by prosecution, not landlord

• Again, applies to u18’s and consultation requirement

• Again, Positive Requirements

• Breach a criminal offence


Public Space Protection Order

• Purpose: To stop individuals/groups from persistent ASB in public spaces

• Key features:

• Councils issue PSPO after consultation with – police, PCC, other relevant bodies

• Restrictions and requirements set by the Council (blanket or targeted)

• Breach – fixed penalty notice and fine £1,000 max.


Dispersal Powers

• Purpose: Requires a person committing/likely to commit ASB, crime, disorder to leave an area for to 48 hours

• Key features:

• Police (in uniform), PSCO (where designated)

• To prevent harassment, alarm or distress

• Remove/reduce ASB, crime, disorder

• Specified area, for people aged 10 or over

• Breach – up to £2,500 fine and/or up to three months in prison


Community Remedies

• Community Remedy document published by local police

• Sets out action to counter ASB outside of the court system

• Can be changed at any point

• Designed to enable the community and victims to influence to address behaviour and provide a redress


Review of response to complaints

• Purpose: To encourage partnership working across a local area to find solutions and interventions that are effective to tackle ASB. And to enable local people to raise concerns where action is not taken or not effective.

• Key features:

• Where a complaints has been made local bodies must carry out a review if:

• The person makes an application for a review

• If local bodies decide threshold for a review is met (‘trigger’), minimum of three qualifying complaints

• qualifying complaint it must be made within a month of the alleged ASB occurring and the application for the case review must be made within 6 months from the date of complaint.

• applicant must be informed of the outcome of the review and any recommendations made as a result


What you should be doing

Revising policy and procedure (2004 guidance still applicable) – consider wording carefully

Does any associated procedure need changing? E.g. ABC process

Do any documents need amending? E.g. warning letters may refer to ASBIs/ASBOs

Is a board decision required for use of the absolute ground? Does your tenancy agreement give you the flexibility?

Have you the correct links with YOT for consultation?

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Prevention – the Building Blocks

• Respect: ASB Charter for Housing:

• We have a clear focus on prevention and early intervention:

Lettings/allocations prevent ASB

Tenancy agreement sets out expectation

Engage with partners to prevent ASB

Target ‘hotspots’

Use early intervention techniques

Diversionary work & evaluation

Support vulnerable individuals


Contact Details

Gez Kinsella, CIH ASB Consultant

• [email protected]

• 0796 269 8499

• @GezHousing

mailto:[email protected]

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