ASB, Prevention or Cure?

Similar documents
Anti Social Behaviour Crime and Policing Bill Update

RECENT CHANGES IN ASB LAW

Anti-social Behaviour, Crime and Policing Act 2014

Briefing. More Effective Responses To Anti-Social Behaviour. Campaigns and Neighbourhoods. Tel:

These materials and slides are intended for guidance only and not as a substitute for legal advice or using formal reference documents such as

POLICY BRIEFING Anti-Social Behaviour, Crime and Policing Bill 2013

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

ASB Reforms. Baljit Basra Partner

An#- Social Behaviour, Crime and Policing Act 2014

Housing Law Update. April Daniel Skinner Batchelors

REQUEST FOR THE COUNCIL S CONSTITUTION TO BE AMENDED TO ADOPT NEW POWERS UNDER THE ANTI- SOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014

Anti-social Behaviour, Crime and Policing Bill

ANTI-S0CIAL BEHAVIOUR: RECOVERY OF POSSESSION ON DWELLING HOUSES BASED ON ANTI-SOCIAL BEHAVIOUR

Shaping the Housing and Community Agendas

Anti-social Behaviour, Crime and Policing Act 2014

NEIGHBOUR NOISE. working for a cleaner, quieter, healthier world

NILGA response to the DoJ Consultation on Anti-social Behaviour legislation

Anti-social Behaviour, Crime and Policing Act 2014

Part 1 Injunctions Introduction Application for injunction

Housing Law Legal Update

Section 8 Grounds for Possession Clauses

Outcomes. Updates from Radian s in-house solicitor. Drug dealing and gang activity forces possession

SCHEDULE 3 M HOUSING ACT Grounds for Possession

Community Protection Notice Public Space Protection Order

Shaping Housing and Community Agendas

ASB The Changing Landscape

Office of the Police and Crime Commissioner for Merseyside. Community Remedy Document

Court Changes and Mandatory possession SLCNG Annual Conference 2014 Helen Tucker and Baljit Basra, Partners Housing Litigation Team

Anti-social Behaviour Act 2003

ANTI-S0CIAL BEHAVIOUR: CRIMINAL BEHAVIOUR ORDERS

GIVING DIRECTIONS TO INDIVIDUALS TO LEAVE A LOCALITY (SECTION 27 OF THE VIOLENT CRIME REDUCTION ACT 2006) PRACTICAL ADVICE

Conditionality Briefing: Anti-social Behaviour John Flint

ANTI-SOCIAL BEHAVIOUR POLICY

Quick Reference Guides to Out of Court Disposals

Board Member s Conference 2013 Legal Update Where are we now?

Anti-Social behaviour is defined in the Crime and Disorder Act 1998 as:

Statement of Anti-Social Behaviour Procedures

Anti-Social Behaviour : Challenges and Solutions Conference 13 May Housing (Scotland) Act 2014 New Powers for Social Landlords.

ADVICE NOTE ANTI-SOCIAL BEHAVIOUR. Practical advice for tackling antisocial behaviour in your block

the Bassetlaw anti-social behaviour handbook your guide to the law by John Mann MP

Northern Ireland Office EXPLANATORY DOCUMENT. Proposal for a draft Anti-Social Behaviour (Northern Ireland) Order 2004

Anti social behaviour Team. Anti-social behaviour don t tolerate it

POLICY FOR DEALING WITH VIOLENCE, THREATENING BEHAVIOUR AND ABUSE AGAINST ACADEMY STAFF OR OTHER MEMBERS OF THE SCHOOL COMMUNITY

SCOTTISH REFUGEE COUNCIL WRITTEN SUBMISSION

Anti-Social Behaviour Strategy, Policy and Protocol Guide

Outcomes. Radian v Mr A (Avon) County Court at Bournemouth & Poole. Antisocial behaviour (ASB) outcomes by number August 2012 to September 2016

The Anti-Social Behaviour, Crime and Policing Act BIRMINGHAM CITY COUNCIL (City Centre) PUBLIC SPACE PROTECTION ORDER 2018

ANTI-SOCIAL BEHAVIOUR ASB INJUNCTIONS AND ORDERS

PROCEDURE FOR DEALING WITH REPORTS OF ANTI- SOCIAL BEHAVIOUR (ASB)

GROUNDS FOR REFUSAL OF A MUTUAL EXCHANGE

Bristol City Council. Private Housing Service Enforcement Policy 2013

Section 8 Possession Proceedings

Community Protection Notices Surrey Framework

ANTI-SOCIAL BEHAVIOUR TIMESCALES Consultation Document

Housing (Scotland) Bill

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING BILL EXPLANATORY NOTES

Housing Management Brief

Legal Update: Housing Management. Jonathan Hulley and Amy Gibbs. clarkewillmott.com

Explanatory Notes to Homelessness etc (Scotland) Act 2003

Proposed banning order offences under the Housing and Planning Act 2016

Briefing note: The right to rent scheme and asylum support

Guidance Notes for Law Enforcement Officers: Pub/Bar Crawls

Sligo County Council Anti-Social Behaviour Strategy 2018

Guidance on the Amendment to Sections 5(1) and 6(4) of the Public Order Act December 2013 APP Reference Material

RESPONSE TO TACKLING ROGUE LANDLORDS AND IMPROVING THE PRIVATE RENTAL SECTOR

Administrative Sanctions: imposing warnings and fines

Laois County Council Anti-Social Behaviour Strategy

Avon & Somerset Constabulary Police Community Support Officers Powers. Standard powers. Nationally, all PCSOs have the following powers:

Antisocial Behaviour etc. (Scotland) Bill

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8)

Housing and Planning Act Civil Penalties

I want to apply for possession and to claim payment for rent arrears how do I do this?

HOUSING ANTI-SOCIAL BEHAVIOUR. By Justin Bates.

Civil penalties under the Housing and Planning Act 2016

Antisocial Behaviour. Standard Operating Procedure

Housing Committee 23 rd October 2017

DISRUPTING CHILD SEXUAL EXPLOITATION

ENFORCEMENT POLICY PRIVATE SECTOR HOUSING

Customer Compliments and Complaints Policy

PUBLIC ORDER. POLICE POWERS to control DEMONSTRATIONS ASSEMBLIES and MARCHES

Before : LORD JUSTICE GROSS LORD JUSTICE LEWISON and LORD JUSTICE FLAUX Between :

NEWCASTLE CITY COUNCIL ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014 PART 4, SECTION 59 PUBLIC SPACES PROTECTION ORDER No 1 of 2016

Sergeants OSPRE Part 1 Statistics - Evidence

Offaly Local Authorities

Immigration Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS PART 1

Neighbour Complaints Procedure

SQUATTING UPDATE. Mary Martil Batchelors Solicitors

1986 CHAPTER 64 PUBLIC ORDER ACT CHAPTER 64. (excerpts) Royal Assent [7 November 1986] Public Order Act 1986, Ch. 64, Long Title (Eng.


Complaints, Comments & Compliments Policy

Youth Court Bench Book

Options for dealing with squatting

SAINT VINCENT AND THE GRENADINES. Domestic Violence (Summary Proceedings) Act, 1995 (Act No. 13 of 1995), 17 October 1995.

Consultation paper on proposed banning order offences under the Housing and Planning Act 2016

BELIZE RENT RESTRICTION ACT CHAPTER 195 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

TFF Conference Interviewing Fraudsters

Enforcement and prosecution policy

Crime-based evictions and injunctions challenges and strategies

Dealing with illegal and unauthorised encampments

YOUTH COURT BENCH BOOK...

Transcription:

Learn with us. Improve with us. Influence with us www.cih.org ASB, Prevention or Cure? Gez Kinsella, CIH ASB Consultant

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 www.cih.org 2

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 www.cih.org 3

Six New Tools and Powers Learn with us. Improve with us. Influence with us www.cih.org 4

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 www.cih.org 5

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 www.cih.org 6

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 www.cih.org 7

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 www.cih.org 8

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 www.cih.org 9

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 www.cih.org 10

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) Learn with us. Improve with us. Influence with us www.cih.org 11 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 Learn with us. Improve with us. Influence with us www.cih.org 12

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 www.cih.org 13

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 www.cih.org 14

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 www.cih.org 15

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 www.cih.org 16

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 www.cih.org 17

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 www.cih.org 18

Contact Details Gez Kinsella, CIH ASB Consultant Gez.kinsella@cih.org 0796 269 8499 @GezHousing Learn with us. Improve with us. Influence with us www.cih.org 19