Anti-Social Behaviour Anti-Social Behaviour - Anti-social Behaviour, - - PowerPoint PPT Presentation

Chris Shoubridge Head of Area Housing

Hounslow Housing

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
• ccupation 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.

Anti-Social Behaviour

Hounslow Housing

• 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

Housing Officer ASB Case Management

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
• r 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
• ne 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
• ut 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
• f 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
• f 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

Closure of Premises Order

A police officer of at least the rank of inspector, or the local authority, may issue a closure notice if satisfied on reasonable grounds that the use of the particular premises has resulted or is likely soon to result in nuisance to members of the public, or that there has been or is likely soon to be disorder near those premises associated with the use of those premises, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

• A closure notice prohibits access to the premises for a period specified in the notice
• The notice may prohibit access by all persons except those specified, at all times and in all circumstances (or

those specified).

• Whenever a closure notice is issued an application can be made to a magistrates’ court for a closure order.
• This can be made by a constable or the local authority and must be heard by the magistrates’ court not later

than 48 hours after service of the closure notice.

• A closure order can be for up to 3 months.

At Berkeley House Sandra Richardson (Housing Officer) handled a high profile ASB case. The ASB included drug dealing, different people coming and going to the property, intimidation from the son and other visitors, vandalism of the lift and spitting and excrement inside the lift, screaming and fighting during the late night and early hours, causing disturbance to other residents and their families. A robust action plan was put into place to gather further evidence from residents. Sandra and Peter Jordan (Professional Witness Officer) collected 13 signed witness statements, which were presented to the court. The court gave immediate possession of the property (Closure order) for three months. The property was sealed off within 24 hours and a Notice placed on the front door by police. We successfully repossessed the property.

.

Hounslow Housing

Community Remedy

A community remedy document is a list of actions which might be appropriate to be carried out by a person who has engaged in anti-social behaviour or has committed an offence and is to be dealt with without court proceedings. The document will be prepared by the local policing body and can be revised at any time. The remedy could include any of the following actions:

• Mediation (for example, to solve a neighbour dispute)
• The offender signing an Acceptable Behaviour Contract – where they agree not to behave anti- socially in the

future, or face more formal consequences;

• Participation in structured activities funded by the Police and Crime Commissioner as part of their efforts to reduce

crime; or

• Reparation to the community (for example, by doing local unpaid work for up to 10 hours).

Hounslow Housing

Noise

Hounslow Council Noise Team Where there is evidence of ongoing noise we can serve an abatement notice under Section 80 of the Environmental Health Act 1990. Failure to abide by the notice could lead to prosecution and a fine of up to £5000. The noise team will need to establish if any noise reported is a statutory nuisance. They will attend and where there is a problem approach the offender and if necessary serve an abatement notice. Housing Officer Mohamed Mahat received good feedback from a complainant after his work with a perpetrator put a stop to noise nuisance. The complainant reported that they were no longer experiencing sleepless nights. The Hounslow Housing Professional Witness also has noise recording equipment to establish statutory noise nuisance.

Hounslow Housing

Eviction

Eviction is used as a last resort. The process is initiated by serving a Notice of Seeking Possession for breach of

• tenancy. We must have very good evidence to progress a case to court. We may involve HBLaw our legal provider.

Most of the grounds for possession are discretionary. At court a case could be dismissed or adjourned or we could be granted possession. The Anti-social Behaviour, Crime and Policing Act 2014 introduced a new Absolute Ground for possession for serious Anti-Social Behaviour. Where we can prove that the grounds have been met the court will grant possession. In April 2016, due to long standing ASB, drug related nuisance and intimidation to residents due to the well-known criminal persons visiting one address in Lionel Road, Brentford, Jane Eleftheriou (Housing Officer) evicted the tenant and has also protected residents by applying for an injunction to prevent the tenant or their visitors from returning. ASB and unauthorised occupant case at Carville Crescent, Brentford. Jane Eleftheriou (Housing Officer) secured an Outright Possession order forthwith with a money judgement on the arrears. A case at Belvedere House managed by Philippa Browne (Housing Officer) and Peter Jordan (Professional Witness Officer) involved extensive ASB. This case came to light in 2009 firstly as a low level nuisance case. Over the years it evolved in increased activity of extensive ASB i.e. drug dealing selling from the property, abuse of staff and residents, rubbish in communal area. Through very good partnership working with staff, concierge, enforcement officers, professional witness officer, police and tenants this case was successfully resolved. As a result of this the tenant was

• evicted. The key to the success was the involvement of the residents who were key witnesses.

At Moulton Avenue Riaz Haq (Housing Officer) and Peter Jordan (Professional Witness Officer) managed to end a serious ASB case achieving an eviction.

Hounslow Housing

Council Services and Groups

Housing Officers Professional Witness based in the Housing team Hounslow Council Noise Team An out of hours team is available 10pm to 4am, Friday and weekends Estate Enforcement team Estate Police Officers RAG – Reducing Anti-Social Behaviour Group - Regular Police Liaison meetings for each regional housing office Setting up Community Risk Panel – To review high level ASB cases – will involve multiple agencies such as police, social services, mental health services ASB Prevention Group – Meets quarterly – Strategic group - Discuss trends in ASB hotspot areas MARAC (Multi agency risk assessment conference) – High risk DV cases across the borough – Monthly – Multi agency risk assessment group Domestic Violence – Hounslow Council Domestic Violence Outreach Service – Work closely with Housing Officers and the police

The council’s estate enforcement officers make your local neighbourhood a safer place and reduce anti-social behaviour and the fear of crime. Their main tasks involve: carrying out regular estate patrols investigating cases of anti-social behaviour arranging for the removal of abandoned vehicles on estates dealing with neighbourhood nuisances such as littering and fly-tipping. Your estate enforcement team also improve your local environment by: reporting communal repairs

• rdering graffiti removal

assisting with estate inspections recommending environmental improvements and helping with emergencies assisting with community fun days. Your co-operation and support is needed to help make our neighbourhoods safer and cleaner places to live. The team are on duty from 3-11pm Sunday to Thursday, and from 3pm-2am on Fridays and Saturdays.

Estate Enforcement team

Hounslow Housing

Diversionary Activities

Brentford Football Club Feltham Arts Creative People and Places QPR Football Club Tale be told theatre

Hounslow Housing

ASB Stats

Area Housing Office ASB Cases YTD Central 231 East 234 West 277 Total 742 West Type of Case Total Adult Abuse 2 Child Abuse 3 Age Issue 1 Disability Issues 2 DV from Partner 3 DV from Other Family Member 1 DV from Partner 1 DV from Ex Partner 4 General Neighbourhood Issues 188 Hoarding/Rubbish 7 Other Breach of Tenancy 53 Racial Issues 2 Running Business from Home 1 Unauthorised Pets 1 Unauthorised Works 2 Unsanitary Conditions 3 Vulnerable Adult Abuse 4 Total 277

Hounslow Housing