ASB Bill update and Getting the basics right pdfs/gels pdfs/SW... · ASB Bill update and Getting the basics right Chris Grose, Senior Consultant, CIH Consultancy . Learn with us

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ASB Bill update and Getting the basics right

Chris Grose, Senior Consultant, CIH Consultancy

Learn with us. Improve with us. Influence with us | www.cih.org 2

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


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

http://www.parliament.uk/bills/2013-14




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


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


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?


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)



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


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


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



In with the new…

Wider Reform

Police and Crime Commissioners

Community Trigger


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!


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


Case Management

Opening Cases

How do you open cases of ASB?

How do you prioritise?

Do you have a pro-forma?

Are you consistent?


Case Management What is ASB? Activity 2

P

E

N


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


Case management

Common trends

Good on overall

recording

(stats)

Not so good on

quality of case

management


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


Working with our partners

Changing environment – using the tools

collaboratively

Information Sharing

Sharing costs and resources

Making the most of the PCC role


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


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:

[email protected]

www.cih.org/asbservices

07951 053617

mailto:[email protected]

mailto:[email protected]

http://www.cih.org/asbservices


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.

Documents

ASB Bill update and Getting the basics right pdfs/gels pdfs/SW... · ASB Bill update and Getting the basics right Chris Grose, Senior Consultant, CIH Consultancy . Learn with us