Item 3 Behaviour (ASB) Strategy (All Wards/All Areas) Executive - - PDF document

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy (All Wards/All Areas) Item 3

Executive portfolio: Community Safety, Regeneration & Transport Authorised for submission by: Director of Community Renewal Linden Rowley 573/03-04 The Executive 10th May 2004 Executive Summary The purpose of the report is as follows:

• To present the draft for endorsement and to outline the financial implications for the

council in terms of delivery Recommendations (1) That the Draft Lambeth Anti Social Behaviour (ASB) Strategy be endorsed. Funding The Lambeth Community Safety Partnership (DAAT/CDRP) receives no specific funding from central government to support the delivery of the Anti Social Behaviour

• Strategy. There is an expectation from central government that effective delivery of the

strategy would be seen as part of the “mainstreaming” of community safety (Section 17

• f the Crime and Disorder Act).

Although growth is not sought in kind, commitment from Directorates will be required. There has been specific government funding for the carrying out of an ASB audit. It has already been indicated that a small funding grant will be made available in 2004/5 towards addressing anti social behaviour. The amount is anticipated to be in the region

• f £30,000.

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

2 Consultation in relation to the ASB Strategy

Name Department/Organisation Date Sent/ Received Date Cleared/ Received Comments included Strategy Internal Linden Rowley Corporate Services 27/10/03 Jo Negrini Corporate Services 27/10/03 Andrew Webster Director Social Services 09/12/03 Stewart Holton Housing Services Executive Director 09/12/03 Ged Curran Former Director of Environment & Law 09/12/03 11/12/03 Phyllis Dunnipace Executive Director of Education 09/12/03 Faith Boardman Chief Executive 09/12/03 Peter Sheppard General Manager of Environmental Services 09/12/03 23/12/03 Mike Dickens Head of Legal Services 20/10/03 Des Farry Directorate of Finance 23/04/04 23/04/04 Irene Carbin Smith Assistant Director of Access and Inclusion 1/09/03 30/09/03 Chris Knaggs Housing Support Manager 1/09/03 30/09/03 Anthony Millinship

Anti-Nuisance Team Manager

09/12/03 18/12/03 Lambert Allman

Head of Youth Offending Team

1/09/03 30/09/03 Rafaella Somma Community Services & Sheltered Housing 09/12/03 Nicola Kingston West Stockwell Neighbourhood Office Manager 09/12/03 Giles Beauchamp Environmental Services/Operations 09/12/03 11/12/03 David Bright Environmental Health Manager 09/12/03 Ralph Lewars Noise & Pollution Control Service Manager 09/12/03 12/12/03 Iain Boulton Lambeth Parks Officer 09/12/03 17/12/03 Colin Tanner Neighbourhood Warden 09/12/03 Diane Burton Head of Social Inclusion Service 09/12/03 Richard Worrall Clapham Park NMO 09/12/03 11/12/03 Michael Pollack CCTV 23/1/04 26/1/04 Paul McCann Community Safety Officer for Vassall 1/09/03 30/09/03 Dominic Busby Community Safety Officer for Clapham, Stockwell and Norwood 1/09/03 30/09/03 James Priestman Community Safety Officer for Brixton Town Centre 1/09/03 30/09/03 Susan Doran Community Safety Officer for St Leonard 1/09/03 30/09/03 Rachel Gailey Community Safety Officer for Coldharbour 1/09/03 30/09/03 Estate Managers Tenant Management Organisations 09/12/03

some received

Cllr Andrew Sawdon Executive Member for Community Safety 10/12/03 Cllr Charles Anglin Deputy Executive Member for Community Safety 10/12/03 Cllr Darren Sanders Liberal Democrat Councillor 10/12/03 24/03/04 Cllr Kirsty McHugh Labour Councillor 10/12/03 11/03/04 External Other Council Members 10/12/03

some received

Brendan Ward Director, Service Developments, Lambeth PCT 09/12/03 Dennis O’Rourke A.D. Service Developments, Lambeth PCT Alison Dale Probation 1/09/03 30/09/03

• Supt. Malcolm Tillyer

Metropolitan Police 1/09/03 30/09/03 Kevin Barton Lambeth P.C.T 09/12/03 Simon Harding Government Office for London 09/12/03 30/09/03 Ian Brady ASBU 09/12/03 30/09/03 Di Martin TRUST 01/09/03 30/09/03 CPCG All Members 04/11/03 20/02/04 Faith Groups 11/12/03 09/02/04 Jackie Ashenden London & Quadrant Housing Trust 09/12/03 18/12/03 Martin Blount London Fire Brigade 09/12/03 12/01/04 Ron Holder London Action Trust 8/01/04 Rachel Heywood Brixton Area Forum 10/12/03

some received

Adam Rees

• St. Mungo’s – Street Population Outreach Team

09/12/03 Leaseholders Council All members 05/02/04 16/02/04

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

3

DAT/CDRP Executive Group 1/09/03 30/09/03 Pritti Chauhan LCPT – Working Women’s Project 09/12/03 Creighton Jones Community Drugs Outreach Stockwell Project 09/12/03 LAMHAG Members meeting 12/12/03 09/02/04 North Lambeth Area Committee Committee meeting 04/03/04 12/03/04 Streatham Area Committee Committee meeting 10/03/12 10/03/12 Clapham & Stockwell Area Committee Committee meeting Sent to 30/03/04 Info only Brixton Area Committee Committee meeting 15/03/04 26/03/04 Norwood Area Committee Meeting Committee meeting 29/04/04

Date consultation entered in Consultation and Events Diary:

NOTE:-There has been an extensive consultation process, which has been ongoing since the initial draft of the strategy in September 2003. Report History

Decision type: Key Decision: Forward Plan August 2003 Urgency Key Decision and reason? N/A Drafted on:18/02/04 Deadline: 21/04/04 Date sent: 20/04/04 Date Published: XX Report drafted by and contact for enquiries: Jonathon Toy, Head of Community Safety 020 7926 2734 jtoy@lambeth.gov.uk

1. Context 1.1 The Anti Social Behaviour Act 2003 comes into force in March 2004. This legislation increases the powers available to the Police, local authorities and housing providers to address anti social behaviour. The Act also includes a range of orders and support mechanisms around young people and parents, which need to be considered. 1.2 The Government launched its “Together” tackling anti social behaviour action plan

• n 14th October 2003 (copy attached). The plan highlights the increased scrutiny on

the Crime And Disorder Reduction Partnership’s, Councils and Police in how they tackle Anti Social Behaviour in the National Policing Plan. 1.3 The Community Safety Partnership is responsible for the development and delivery

• f an Anti Social Behaviour Strategy. Each partner organisation has been consulted

and will be asked to endorse the strategy. 1.4 The Community Safety Strategy incorporated Tackling ASB as one of its 13 targets in the 2002-05.

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

4 1.5 In preparation for the development of the ASB Strategy the partnership has established an ASB Strategic Steering Group, which will ensure effective delivery

• f the strategy.

2 Financial implications There is a clear extension of powers given to Local Authorities to deal with ASB. To employ these powers may require additional resources, predominantly officer time (as per paragraph 2.3). Additionally, there is potential for the Case Review Teams to encourage efficiencies in terms of sharing of information and a reduced level of duplication (as per paragraph 2.4). However, to maintain the Council's

• verall revenue budget at the level set by full Council on the 25th February 2004,

any additional resource requirement will need to be met, by each responsible department, from within existing budgets. 2.1 Background:- Anti Social behaviour is a key part of central governments agenda for community safety. Objectives in relation to Anti Social behaviour have now been incorporated into the Policing Plan. The Community Safety Partnership will be scrutinised by the Home Office on a monthly basis in relation to performance. This increased scrutiny from the Home Office Anti Social Behaviour Unit and the new powers may result in financial pressures on existing services. The following grid reference gives an indication of the key powers, which relate to each service area, however a fuller explanation is incorporated in the attached strategy. 2.2 Grid Reference Service Area Powers under the 2003 Act Comments Housing

• Closure of premises

where drugs are unlawfully used

• Injunctions
• Security of tenure
• Proceeding for

Possessions

• 3-6month closure of

any premises used for the supply of class A drugs

• against any person

whose behaviour could cause a nuisance or on grounds of breach

• Demotion order for

behaviour is capable

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

5

• Applications for

ASBO’s

• f causing nuisance
• r annoyance
• BTP, local

authorities and registered social landlords can apply for ASBO’s . Applications can be made through county courts and in the Crown Court Education

• Parenting orders
• Parenting Contracts
• Penalty Notices for

truancy

• Curfew orders and

Supervision orders

• Penalty Notices for

Disorderly behaviour

• Counselling

programmes for parents can be residential and take place more than

• nce a week
• Voluntarily signed

contracts between schools LEA’s and parents

• Fixed Penalty notice

against parents whose child fails to attend school regularly

• Supervision orders

for offenders under 18 to be extended Penalty Notices extended to include 16 and 17 year olds

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

6 Social Services

• Removal if persons
• f 16 and under
• Report by local

authority in certain cases where a person is remanded

• n bail

Powers to remove a person under 16, between the hours of 9pm and 6am to a safe place.

• Provisions under

Section (of the Children’s Act 1969 can be extended by the Secretary of State to 12 –16 year

• lds who meet the

criteria for a secure remand and whose behaviour is due, to a significant extent, to their home circumstances Environment

• Closure of Noisy

premises

• Dealing with noise at

night

• Penalty Notices for

Graffiti and Fly posting

• Removal of graffiti
• Sale of Aerosol paint
• Closure order of

licensed premises causing a public nuisance

• Removes the

adoptive nature of the Noise Act 1996

• FPN’s for acts of

graffiti and fly posting

• Council’s will have

the ability to serve a “graffiti” removal Notice” on owners of street furniture, statutory undertakers and educational

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

7 to Children

• Unlawfully deposited

waste

• Public assemblies
• Raves
• Aggravated trespass

institutions

• It is an offence to sell

aerosol paint to Children under 16

• A strategic role to

waste collection authorities to deal with illegally deposited waste

• Conditions can be

applied to applications for public assemblies

• Extension to cover

raves of 20 or more people

• Powers extended to

include trespass in buildings and to direct a person to leave land and remove any vehicle Corporate and CEO

• Dispersal of groups
• Remedial Notices
• Authorisation to

disperse groups of 2

• r more who are

causing ASB, made by the chief constable in consultation with the local authority

• Failure to comply

with a remedial

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

8

• Automatic reporting

restrictions

• Powers of arrest

notice in a criminal

• ffence
• Automatic reporting

restrictions are removed from ASB cases

• Local authorities are

permitted to request a powers of arrest to be attached to any provision of an injunction obtained under section 222 of the Local Government Act 1972 2.3 The establishment of Case Review Teams and associated data management may place financial burden on departments with regard to Officer time. The case review approach will carry out a case by case evaluation based on: -

• The time taken to carry out action
• Outcome of the action
• The cost of the impact in meeting the outcome
• The effectiveness of the intervention
• The cost of legal or enforcement action

The view of the victim or community in the success of the intervention. The establishment of a Multi-agency Case Review Team, in each of the 5 town centres will allow agencies to: -

• Concentrate on the key people committing ASB
• Identify the most appropriate approach to addressing the behaviour
• Set out a clear course of action to be carried out
• Review best practice, which is being developed

The Multi-agency Case Review Team will comprise of:-

• Police Inspector

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

9

• Housing Manager/s
• Registered Social Landlords
• Street Care Agent
• Neighbourhood Warden Manager
• Legal Services
• Education Welfare
• Social Services
• Youth Offending Team Officers

Dependant on the cases being heard in each area. The agencies which will be crucially involved will be Housing, YOT, Education, Legal Services and the Community Safety team. In relation to the financial implications this relates to existing officer time rather than any budgetary growth. However. Departments will have to consider the resourcing implications for these teams. The Housing Reframing process and the Neighbourhood Nuisance Working Party have been consulted and incorporated the resource implications into their recommendations. 2.4 However the Case Review Teams will in the medium term, (6 months and thereafter) save Officer time and cost to the Council through better case management, sharing of information and reduction in duplication as well as reductions in anti social behaviour through earlier interventions. 2.5 It is likely that the increased powers and outcomes of the Case Review Teams will place additional pressure on legal services. There is likely to be a need for increasing officers in the legal team and identifying a specialist ASB legal officer. The Head of Community Safety will work with legal services to identify external funding to support this need. 3. Legal implications The whole report is concerned with the Anti Social Behaviour Act 2003. 4 Consultation feedback 4.1 Comments received during the consultation period since the strategy was originally drafted in September incorporated into the Anti Social behaviour. 4.2 Other implications

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

10 5.1 CPA recovery plan – The mainstreaming of Community Safety is part of the CPA recovery plan is a statutory requirement. 5.2 Risk management – Potential risks are 5.3 Non engagement of key partners in the delivery of the ASB Strategy. This has been minimised by consultation with a wide range of external bodies throughout the drafting of the strategy. 5.3.1 Failure of internal departments to recognise the implications of the new legislation and the medium term impact of the ASB Case Review Team’s delivery services. The establishment of the ASB Strategic Group comprising of representative forum different directorates and statutory partners will play a crucial part in minimising this 5.4 Consideration should be given to the capacity of Legal Service’s to manage the increase in enforcement action either through injunctions, ASBO’s or other powers. The legal team is being consulted with regards to the implications and how best to use external resources to address these issues. 6.1 Equalities – Crime disproportionately impacts on disadvantaged communities. The Community Safety Strategy is key driver for reducing inequality. The ASB Strategy in about tackling low levels of crime and quality of life issues which affects all of our communities across the whole borough. A Racial Equality Impact Assessment will be carried out. 6.2 Crime and Disorder implications – as above. 6.3 Environmental implications –The Strategy will have a significant impact on quality of life and improvements to the environment across the borough. 6.4 Staffing and Accommodation implications none. 6.5 Impact on Front Line services Improved delivery of front line services through co-ordinated cross agency working. 6.6 Area Implications Delivery of the strategy is now set out in the local community safety action plans. This will ensure that local communities will be part of the determination of community safety priorities and solutions to these. 6.7 The Case review Teams will be Town centre based and will draw in the knowledge and resources at a local level to ensure effective interventions. 6.8 Any Other implications – N/A 7. Timetable for Implementation and Success Criteria

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

11 Aim Objective Outcomes Milestones Completion date The adoption of the ASB Strategy To meet the ASB targets set

• ut in the

Lambeth Community Safety Strategy 2002/5 To incorporate the new legislative powers under the ASB Bill A borough wide ASB Strategy Establishment

• f the ASB

Strategic Group Draft Strategy Consultation process ASB Strategic Group first meeting Nov 03 October 03- March 04 8/10/03 Establishment

• f Case

Management Review Teams in the 5 Town Centre Areas Identify perpetrators and appropriate local interventions Identify local

• fficers form

range of delivery agencies Less young people being at risk of being involved in crime and enhanced life chances and choices Reduction in ASB by those individuals considered by the case review

• teams. This will

be measured through tracking of each case and their behaviour. Pilot case review team to be established Clapham/Stock well, Vassal, and Brixton Case review Team met in Oct 03 Streatham and Norwood case Review Teams to meet in Nov 03

Presentation of the draft Lambeth Anti Social Behaviour (ASB) Strategy

12 8. Appendices ASB Draft Strategy Together Action Plan from ASBU. 9. List of background documents Community Safety Strategy 2002-5 (statutory Document).