Hounslow Housing Chris Shoubridge Head of Area Housing
Anti-Social Behaviour Anti-Social Behaviour - Anti-social Behaviour, Crime and Policing Act 2014 • conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, • conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or • conduct capable of causing housing-related nuisance or annoyance to any person. ASB can include: • Intimidation and harassment • Domestic abuse • Violence or threats of violence • Rowdy behaviour and drunkenness • Pet nuisance/uncontrolled animals • Dealing or taking drugs • Graffiti • Damage to property • Dumping rubbish (fly tipping) • Abandoned vehicles • Noise nuisance: e.g. loud music, shouting. Hounslow Housing
Housing Officer ASB Case Management • Record cases and compile evidence • Interview complainants • Interview alleged perpetrators • Issue warning letters • Issue diary sheets to record evidence • Work with the CCTV team to gather evidence • Work with Estate Police Officers to investigate complaints and gather evidence • Work with the Noise Nuisance team • Arrange mediation between residents • Encourage residents to resolve disputes • Serve a Notice of Seeking Possession for breach of tenancy • Seek a civil injunction • Seek a Criminal Behaviour Order • Seek a closure order • Work with the Police to seek a dispersal order • Seek possession of the property using the Absolute ground for possession • Monitor cases and update complainants Hounslow Housing
Mediation and Acceptable Behaviour Contracts (ABC) CALM (Confidential And Local Mediation) Acceptable Behaviour Contracts (ABCs) Can be an effective way of dealing with anti-social individuals, especially where there are a number of problem behaviours. They are often used with young perpetrators of ASB. ABCs are a written agreement between a perpetrator of anti-social behaviour and the agency or agencies acting locally to prevent that behaviour. The terms of an ABC can be discussed with the perpetrator before they are drafted and signed to encourage compliance. However, there is no formal sanction associated with refusing to sign an ABC, so if an individual does not wish to sign, they cannot be forced to do so. However, refusal to sign an ABC may persuade a court that only a civil injunction or a criminal behaviour order will prevent the anti-social behaviour. Potential further action should be made clear in the ABC so that the perpetrator is aware of the consequences of failing to comply. In the case of graffiti, for example, this could be the issue of a community protection notice or an application for a civil injunction. Hounslow Housing
Injunctions ASB Powers - Anti-social Behaviour, Crime and Policing Act 2014 An injunction can be granted against a person aged 10 or over if two conditions are met: 1. the court is satisfied on the balance of probabilities that the person has engaged or threatens to engage in anti-social behaviour; and 2. the court considers it just and convenient to grant the injunction to prevent the person engaging in anti- social behaviour. • An injunction is granted for a specific period of time, • An injunction names a person responsible for supervising compliance with the injunction • An injunction can include a power of arrest if breached. • An injunction will require the person who is committing anti-social behaviour either to do a certain thing or prohibit them from doing a certain thing with the aim of stopping the anti-social behaviour and also preventing the individual involved from getting into crime. • This is a purely civil order, and does not give the individual a criminal record. • ASBOs were superseded by the Injunction and Criminal Behaviour Order (2015) Housing Team Leader Vicky Button was the first in the borough to obtain a civil injunction with Power of Arrest using the DIY method. Hounslow Housing
Criminal Behaviour Order Designed to manage persistently anti-social individuals who are also engaged in criminal activity. The court may make a CBO if two conditions are met: 1. the person has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to one or more persons; and 2. the court considers that making the order will help in preventing the offender from engaging in such behaviour. • The court may make a criminal behaviour order against the offender only if it is made in addition to • a) a sentence imposed in respect of the offence, or • b) an order discharging the offender conditionally. If the offender is under 18, the prosecution must find out the views of the local youth offending team before applying for a criminal behaviour order. • A criminal behaviour order is granted for a specific period of time • It may specify a person who is to be responsible for supervising compliance. • Breaching the order would have tough criminal sanctions with a maximum sentence of 5 years in prison. Hounslow Housing
Dispersal Powers Police can use this power to direct a person who is in a public place to leave the locality of that place and not to return for a specified period (maximum 48 hours) if two conditions are met: 1. the constable has reasonable grounds to suspect that the presence or behaviour of the person in the locality has contributed to or is likely to contribute to members of the public in the locality being harassed, alarmed or distressed, or the occurrence in the locality of crime of disorder; and 2. the constable considers that giving a direction to a person under this section is necessary for the purpose of removing or reducing the likelihood of the events mentioned in (i). The constable may also require the surrender of an item being used to harass, alarm or distress members of the public. • The direction must be given in writing specifying the locality to which it relates and imposing requirements as to the time by which the person must leave and the manner in which they must do so. • The constable should tell the person that failing without reasonable excuse to comply with the direction is an offence. • If the constable reasonably believes that the offender is under 16, he/she may remove the person to a place where the person lives or a place of safety. • There is an additional power to confiscate items associated with the behaviour of the person being directed to disperse under Section 35. If the person does not comply they could be fined or face imprisonment for up to 3 months At a high density block at Highfields in West Area youths who are not resident on the estate, caused ASB and nuisance on a regular basis including urinating in the ball park, drug dealing, accessing tower blocks, sitting in communal stairways, smoking and drinking. Kamini Sohdi (Team Leader) in conjunction with concierge, the enforcement team and enforcement Police officers were successful in applying for a Dispersal Order Hounslow Housing
Community Protection Notice Can be issued by the police or the relevant local authority, or a person designated by the relevant local authority Can be issued to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that 1. the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality; and 2. the conduct is unreasonable. A Community Protection Notice contains: • A requirement to stop doing specified things • A requirement to do specified things • A requirement to take reasonable steps to achieve specified results. • They can only be issued if the offender has been given a written warning that the notice will be issued if their conduct doesn ’ t change and that they have been given enough time to have reasonably made those changes, and yet have chosen not to do so. • A person issued with a community protection notice who fails to comply with it commits an offence. Hounslow Housing
Public Spaces Protection Order A public spaces protection order is made by a Local Authority if satisfied on reasonable grounds that two conditions are met. 1. activities carried on in a public place within the authority ’ s area have had a detrimental effect on the quality of life of those in the locality; and 2. it is likely that activities will be carried on in a public place within that area and that they will have such an effect. A public spaces protection order is an order that identifies the public place and prohibits specified things being done in the restricted area and/or requires specified things to be done by persons carrying on specified activities in that area. • The order may not have effect for more than 3 years • the Local Authority must consult with the chief officer of the police and the local policing body before issuing the order. • Failure to comply with a public spaces protection order is an offence. Hounslow Housing
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