ASB, Prevention or Cure?
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1 Learn with us. Improve with us. Influence with us ASB, Prevention or Cure? Gez Kinsella, CIH ASB Consultant
2 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 Learn with us. Improve with us. Influence with us 2
3 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 antisocial tenants. Learn with us. Improve with us. Influence with us 3
4 Six New Tools and Powers Learn with us. Improve with us. Influence with us 4
5 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? Learn with us. Improve with us. Influence with us 5
6 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 Learn with us. Improve with us. Influence with us 6
7 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? Learn with us. Improve with us. Influence with us 7
8 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) Learn with us. Improve with us. Influence with us 8
9 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 Learn with us. Improve with us. Influence with us 9
10 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? Learn with us. Improve with us. Influence with us 10
11 SI 2014 No 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 and, if so, relevant address (received on date sent) Learn with us. Improve with us. Influence with us
12 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 Learn with us. Improve with us. Influence with us 12
13 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. Learn with us. Improve with us. Influence with us 13
14 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 Learn with us. Improve with us. Influence with us 14
15 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 Learn with us. Improve with us. Influence with us 15
16 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 Learn with us. Improve with us. Influence with us 16
17 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? 17 Learn with us. Improve with us. Influence with us 17
18 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 Learn with us. Improve with us. Influence with us 18
19 Contact Details Gez Kinsella, CIH ASB Consultant Learn with us. Improve with us. Influence with us 19
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