Learn with us. Improve with us. Influence with us | www.cih.org ASB Bill update and Getting the basics right Chris Grose, Senior Consultant, CIH Consultancy
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ASB Bill update and Getting the basics right
Chris Grose, Senior Consultant, CIH Consultancy
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Workshop overview
Discussing some of the key issues: • ASB, Crime and Policing Bill update
• Case management
• Presenting in court – using the CHS
• Collaborative working
There will be opportunities to:- • Share your own examples
• Take part in the debate
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Reforming the toolkit
Government review – 2010
Consultation – More Effective Responses to Anti-Social Behaviour –
February 2011
“proposing a radical streamlining of the toolkit”
− Faster and more flexible tools
− More effective sanctions
Draft Bill – Dec 2012
Introduced into the House of Commons (pre legislative scrutiny) – May 2013
Likely to form legislation in Autumn 2014
For up to date info see - www.parliament.uk/bills/2013-14
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Streamlining the toolkit
Anti-Social Behaviour Order (ASBO) ASBO on Conviction Drink Banning Order (DBO) DBO on Conviction Anti-Social Behaviour Injunction (ASBI) Individual Support Order (ISO) Intervention Order
Criminal Behaviour Order (CBO) Injunction to Prevent Nuisance & Annoyance (IPNA)
Litter Clearing Notice Street Litter Clearing Notice Graffiti/Defacement Removal Notice Designated Public Place Order Gating Order Dog Control Order Premises Closure Order Crack House Closure Order Noisy Premises Closure Order Section 161 Closure Order
Community Protection Notice (CPN) Community Protection Order (Public Space) Community Protection Order (Closure)
Section 30 Dispersal Order Section 27 Direction to Leave
Dispersal Powers
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Similarities
Injunction to Prevent Nuisance & Annoyance
The “super ASBI”
Lower threshold of evidence (fingers crossed!)
County courts
Can still be used by housing providers
New amendment to also exclude owners/private
tenants from the home
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Key differences
IPNA
Applicants – Police, LA’s, NHS Protect, Housing
Providers, Transport for London & Environment
Agency
Things to consider:
- Who will take the lead?
- Who will pay?
- Who will monitor?
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Key differences
IPNA
Positive requirements
Things to consider:
- Do you have the resources?
- Will these be enforced if breached?
- How will progress be measured?
Deals with minors in the Youth Court (10-17)
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Reforming the toolkit
Absolute Ground for Possession
Reflects the cultural shift of a victim centred approach
An alternative route to possession
Reducing the burden on victims to give evidence twice
Reducing heavy costs and waiting times
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Absolute ground: possession
There will be five ‘triggers’ for the new
ground:
Criminal conviction;
Breach of the IPNA;
Breach of CBO;
Closure of premises; or
Breach of a Noise Abatement Notice
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Community protection notice
Can be issued by partner agencies including landlords
Must have consultation with Local Authority
Deals with a variety of issues, including noise
nuisance
No longer includes Statutory Nuisance
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Reforming the toolkit
In with the new…
Wider Reform
Police and Crime Commissioners
Community Trigger
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Judicial landscape
Frustrations are still present – Inconsistent outcomes
– Waiting times
– Unreasonable defence arguments
– Adjournments
So how do we tackle this? – Expect challenge
– Be prepared
– It’s a PR exercise!
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Case management
Effective casework principles
1. Open a case swiftly and effectively
2. Intervene Early – Use of appropriate tools
3. Victim Centred – Reducing risks/Protection
4. Legal Considerations
5. Closing a case
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Case Management
Opening Cases
How do you open cases of ASB?
How do you prioritise?
Do you have a pro-forma?
Are you consistent?
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Case Management What is ASB? Activity 2
P
E
N
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Case Management
Is the behaviour
• P ersonal threat – deliberate/targeted to individual/group
• E nvironmental – impact on general environment
• N uisance – not directed at particular individual/group – but disturbs community generally
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Case management
Common trends
Good on overall
recording
(stats)
Not so good on
quality of case
management
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Community harm statements
• Assist judiciary when using legal sanctions by creating a consistent approach to the presentation of cases to court by social landlords, and the provision of a summary of evidence
• Provide a balanced and proportionate approach to the level of harm, by demonstrating the harm caused to a community as well as the human rights of the perpetrator
• Wider uses in case management, introductory tenancy reviews and partnership working
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Working with our partners
Changing environment – using the tools
collaboratively
Information Sharing
Sharing costs and resources
Making the most of the PCC role
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Working together: to deliver excellent ASB services
• New concept and very popular way of
working
• 14 landlords have signed up
• Focussing on key areas of tackling ASB
• Mixture of consultancy/workshops and
training
• Round 2 – April 2014
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Working together: to deliver excellent ASB services
The CIH is now recognised as a national lead on ASB and offers
the following services to landlords:
• Service reviews (critical friend)
• Service improvement plans
• Case reviews
• Strategic advice and assistance
• Training for tenants and officers
• Respect days for tenants and officers
If you have any queries or want to discuss how the CIH can work with you to develop ASB
services:
www.cih.org/asbservices
07951 053617
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Questions
• Do you believe the changes brought about by the ASB bill will
improve the way ASB is tackled?
• Do you believe the ASB bill will improve joint working between
organisations when tackling ASB?
• Do you believe the ability to add the requirements to an IPNA will
help or hinder the process of tackling ASB?
• Have you or the organisation you work with started to
communicate with partners about the impact of the ASB reforms?
• Do you think your organisation will use the proposed new
“absolute” possession power when it is introduced.