ASB Case Reviews: A Practitioner's Guide
Introduction
This guide is intended to assist Anti-social behaviour (ASB) practitioners by highlighting best practices to improve the efficacy of ASB Case Reviews.
The ASB Case Review (formerly known as the ASB Case Review) was introduced as part of a group of new tools and powers under the Anti-social Behaviour, Crime and Policing Act, 2014. The ASB Case Review is available to victims of, and those actively engaged in investigating, incidents of anti-social behaviour. Victims and members of the community safety partnerships across the UK have found it to be a very useful tool, especially for victims suffering ongoing persistent and often deeply harrowing incidents which have a detrimental impact on their well-being and quality of life.
“Victims feel heard, they have the opportunity to meet practitioners face to face and to see matters are being taken seriously. It is a good conduit to bring practitioners together to problem solve and improve victim’s quality of life.”
– Practitioner, campaign survey
As found in our recent Freedom of Information report: ‘The ASB Case Review – the victims’ voice or a box-ticking exercise?’, the ASB Case Review is often only useful when carried out using best practices.
What is the ASB Case Review?
The ASB Case Review’s main purpose is to be the place where victims of ongoing anti-social behaviour have a real opportunity to have their voice heard and agencies can collaborate to try and tackle the ASB.
This then provides for a rigorous platform where it is hoped the issues experienced by the applicant can be examined by different bodies who then come to a collective decision on the best way forward to resolution.
What isn’t the ASB Case Review?
The case review is not and was never intended to be part of a box ticking exercise, something that just needs to be seen to have been done. Neither is it in any way a blame game, singling people or organisations out as responsible for ongoing problems. This is not its purpose. It is for all those that have any kind of involvement in the incidents to gather and exchange information, views and ideas culminating in decisions and timeframes being put in place to try and resolve the highlighted concerns.
It is NOT a complaints procedure.
Best practices: Accessibility and awareness
Through our enquiries and research, victims often state that they either were not aware of the case review as an option or did not understand the purpose or process.
Liaising with our victim focus group, the majority stated that they found the ASB Case Review ‘not easy to access at all’.
“I was made to feel like my compliant wasn’t important felt like there were lots of barriers in the way in some kind of way to stop me from raising the case review”
– Victim, Victim Focus Group
It is recommended that case reviews be highlighted wherever possible and appropriate, as an option that is available to victims of ASB. Posters can be a great way of raising awareness and can be placed at key community points, such as village halls, parish noticeboards, Citizen Advice Bureaus, police stations and council offices. Social media including websites for local authorities should all feature the case review in their contents, together with an explanation of its core purpose and instructions on how to apply for one.
It is important that the ASB Case Review is accessible. This means providing multiple methods to apply for one. If a victim cannot access the internet, there should be alternative ways to apply. For example, this could be on each occasion that telephone calls are made to ASB teams, a very short informative voicemail or call waiting message could make mention of the review process. In addition, each time diary sheets are issued, or letters are sent out in relation to anti-social behaviour reporting, information on the case review could be provided at this point.
In short, every effort should be made to raise and increase awareness and accessibility so that this identified shortfall is addressed.
“I think the ASB Case Review is helpful for victims IF they are aware of the case reviews and then the partners involved take the process seriously.”
– Practitioner, Campaign survey
Best practices: Caveat free threshold
Another area for improvement in the ASB Case Review process is the removal of caveats on the threshold.
In some areas of England and Wales, additional caveats include but are not limited to:
‘The case must be closed’
or
‘Must not have a live complaint of investigation ongoing with any agency linked to the incidents’
Caveats like those mentioned are not in line with statutory guidance and hinder the victim’s ability to access the ASB Case Review.
Earlier this year, our FOI report revealed that over 50% of the 3,145 case review applications submitted failed to meet the threshold, a threshold which had discrepancies between areas across England and Wales.
“I understand the process and the system and still came away feeling like my voice didn’t matter and was swept away due to a very slight technicality of ‘you didn’t complain within a month of the incident’ this was because it was every day!”
– Victim, Victim Focus Group
If all areas removed additional caveats, then many ASB cases would meet the threshold, and more victims would have the opportunity to have their voices heard. By doing this, we ensure victims are at the heart of the process, and not subject to a postcode lottery.
Best practices: Victim inclusion
As part of an effective ASB Case Review, the victim should be offered the chance to attend, or provide a written victim impact statement. Our recent FOI report revealed that 44% of agencies asked did not give victims the opportunity to attend the initial part of the ASB Case Review hearing.
“My council housing association (both one and the same) were very unhelpful. I didn’t find out about the verbal statement or impact statement until I spoke to ASB Help.”
– Victim, Victim Focus Group
It is important that a victim is given the chance to have their voice heard as part of the review, as this is one of the things that sets the case review apart from other means of investigating ASB. If the applicant is unsure about the process and perhaps is nervous about attending, then every effort must be made to explain the process to them. They should, if deemed appropriate, have someone else accompany them to assist them at the meeting. There should also be consideration, should the victim prefer it, to make a written victim impact statement outlining their experiences. The reason being that if the victim feels they cannot speak or feel under pressure to remember all the relevant facts and feelings, the use of a prepared statement can make mental room to demonstrate their feelings and recollection of the true impact the ASB is having on them in all sorts of ways.
It is absolutely vital that wherever and whenever possible, communication by an agreed single point of contact (or agreed deputy) should be undertaken and recorded as such, together with any relevant information or viewpoint from the victim.
“I was a victim of ASB and taking part of this process changed my life, I provided the victim impact statement, and I was able to read it, and I was listened to, and the outcome was positive for me”
– Victim, Victim Focus Group
Best practices: Independent chair
ASB Help always encourage each review to be led by an independent chair. This person should not have previously been personally involved in the investigation. Most importantly, not only do they need to have a good grasp of the tools, powers, practices and protocols involved in the investigation of ASB, they should also be of a senior managerial level sufficient to delegate actions to agencies including those outside of their usual sphere of management. They should also ideally have experience of coordinating meetings at a similar level and subject matter (a good example of this may be anti-social behaviour risk assessment conferences, otherwise known as ASBRAC). In all circumstances, the need for truly independent chairs is vitally important and so they should be from a different organisation to those present, so, for example, from a different local authority.
However, as there is no set definition for an independent chair within the statutory guidance, definitions are used interchangeably. We found that some areas use chairs from within their organisation, whilst only 36% of those who said they use independent chairs used external organisations as a chair.
“The case review is an excellent tool but, in my case, it is administered by the very people I am complaining about. The only independent view or opinion I got is when I appealed the review outcome. It then got looked at by a Police Inspector. Even that is hardly independent. The Police Inspector works closely with my council and housing association, so I never really got an ‘independent’ view.”
– Victim, Victim Focus Group
As best practice, we recommend using an external organisation as an independent chair to give victims confidence in the impartiality of the process. Having a fresh pair of eyes can also often help improve the outcomes for the victim.
Best practices: Clear and consistent appeals process
The applicant can and should have the capacity to appeal against the decision to refuse a case review (though if this has happened, they should be fully informed of the reasons by the lead agency) if it is clear the lead agency have not followed their own case review policy. This then would be a complaint about the service provided by the lead agency and would go through their own complaints procedure.
Similarly, they should also have the right to request a further review on completion of efforts by the investigating parties, should the problems still be occurring. They can also raise an appeal if, having had a case review, they feel the process has not been correctly followed. In most cases this would be reviewed by the Office for the Police and Crime Commissioner for the area concerned.
“The victim should be invited to attend. The victim should be listened to. The victim should know the outcome and be told how to appeal.”
– Victim, Victim Focus Group
Conclusion
We, along with many victims and practitioners, believe the ASB Case Review is an excellent tool that gives victims a voice and brings agencies together to take a joined-up problem solving approach.
However, some victims are feeling let down by agencies when the ASB Case Review does not feel fair or clear e.g. when an independent chair is not used. Therefore, by sharing best practices and working collaboratively, we can work towards consistently improving the outcomes for victims of anti-social behaviour.
The ASB Help PLEDGE
To address the discrepancies in ASB Case Review procedures across England and Wales, which are hindering victims of anti-social behaviour, ASB Help provide The ASB Help PLEDGE.
The PLEDGE is available for all local authorities and agencies that engage in case reviews as part of their ASB case management. This helps to demonstrate their level of commitment in supporting victims of anti-social behaviour and displaying just how much the victim’s feelings and experiences are at the heart of everything they do. In order to be eligible to sign up to The PLEDGE, each organisation has to demonstrate their procedures comply with best practices regarding the use of case reviews.
Interested? Find out more about The PLEDGE.
The ASB Case Review process: The victim's perspective
Introduction
The ASB Case Review, formerly known as the ASB Case Review, is an effective tool to problem solve anti-social behaviour (ASB). As a charity, we want to ensure that all victims are aware of their rights, including their right to seek an ASB Case Review. However, unfortunately the ASB Case Review is not consistently advertised, so we want to raise awareness nationally.
As part of our Your Voice, Your Right campaign, we want to lead you through the process of pursuing an ASB Case Review. This will be from the victim’s perspective and is informed by survey research and one-to-one interviews with real victims of anti-social behaviour who have gone through the ASB Case Review process.
Reporting
Anti-social behaviour plagues many of our communities across England and Wales. Unfortunately, it can be cumulative and therefore have an increasingly detrimental impact on the well-being and health of victims.
Victims should report any incidents of anti-social behaviour to their local authority, local police and/or any relevant housing provider.
If the anti-social behaviour persists and you feel that any efforts made to resolve the problem have not worked, you may meet the ‘threshold’ for an ASB Case Review.
The ‘threshold’ or criteria for an ASB Case Review is considered:
- At least three incidents of ASB reported within a six-month period.
- Each incident must be reported withing one month of it occurring.
- These incidents must have been reported to either the same organisation or a mixture of reports to either police, local authority or housing, as long as the reports relate to separate/different incidents and the same single report is not made to three different agencies.
However, some local authorities may have additional threshold criteria e.g. your case must be closed, or the investigation is still ongoing.
Not sure what counts as anti-social behaviour? Check out our Victims Hub for information.
Application
The agency you apply to for an ASB Case Review can change from area to area. Usually, an ASB Case Review application is submitted via your local authority. However, in some areas it may be submitted through other agencies such as the Police and Crime Commissioners office. To find your local lead agency, check out our ASB Case Review directory.
When you apply, you will often be asked to provide 3 separate reference numbers for the incidents you have reported which contribute to your application meeting the threshold.
You should then be given confirmation of your application submittal and a date by which they agency will let you know about their decision.
If you do not receive a response by the date shown, you should chase up the agency responsible. If they do not respond, you can submit another application.
“Suddenly, we got ourselves an ASB Case Review, and like I said, then all of a sudden, we had a voice. And it was amazing.”
– Victim, Victim Focus Group
Review
Prior to the ASB Case Review, you may be contacted by the coordinating officer or sometimes the chair of the meeting, to discuss the incidents you have been experiencing and the impact this has had on your life.
You should be invited to attend the initial part of the ASB Case Review to provide a victim impact statement. Usually, victims are not invited to stay for the entire meeting due to data protection regulations as agencies may be discussing sensitive information about other parties.
“My council/housing association (both one and the same) were very unhelpful. I didn’t find out about the verbal statement or impact statement until I spoke to ASB Help.”
– Victim, Victim Focus Group
If you do not feel comfortable attending the review or providing a verbal statement, you can provide a written statement instead. Alternatively, you could invite someone to speak on your behalf i.e. an advocate.
If you are nervous about attending, please express your concerns to the chair of the review or the coordinator. You could consider linking in with advocacy services or consider bringing a friend or relative for emotional support.
Once you have left the meeting, agencies will discuss possible alternative ways in which they may be able to try and resolve the anti-social behaviour you are experiencing. This should result in an action plan.
Outcome
Following the ASB Case Review, you should be informed about the outcome of the meeting and what agencies plan to do to try and resolve the ASB. It’s important to remember that it can take some time for actions/strategies to be implemented. However, you should be informed about the progress of this regularly.
“I was a victim of ASB and taking part of this process changed my life, I provided the victim impact statement, and I was able to read it, and I was listened to, and the outcome was positive for me.”
– Victim, Victim Focus Group
Appeals
Following the ASB Case Review, you should be informed about your local agencies’ appeals procedure.
If you were not eligible for an ASB Case Review, you should also receive details of the appeals procedure along with reasons for the decision to decline your application.
You can submit an appeal if you are dissatisfied with the way your ASB Case Review was carried out, or the decision on whether your application met the threshold. It is important to check your local appeal timeframe as you will have a set number of days in which you can submit an appeal.
“The victim should be invited to attend. The victim should be listened to. The victim should know the outcome and be told how to appeal.”
– Victim, Victim Focus Group
Conclusion
The process we have discussed is the best-case scenario and involves agencies using best practices when conducting ASB Case Reviews. Unfortunately, not all victims experience the best-case scenario. So, if you require any advice or guidance regarding anti-social behaviour and/or the ASB Case Review, please get in touch.
Noise Nuisance- Part 1- General Living Noise
Following on from the really distressing and heart-breaking news that 56 year old, Mark Pearce, took his own life after 9 months of suffering and reporting noise to his housing association (as detailed by the Housing Ombudsman), we thought we would write a series of short blogs on noise nuisance. The impact it has on residents, the different types of noise nuisance, along with some hints and tips.
For this blog, we wanted to reflect upon some of the recommendations in the 'Spotlight on Noise' Ombudsman report. Whilst this tragic case pre-dates this report, it just reiterates the importance of reflecting on the cause of the noise to ensure the correct approach is taken in these circumstances.
Regardless of the cause of the noise, as illustrated by the Mark Pearce case, the impact can be devastating and those suffering may need support. Noise can be relentless, draining and can be detrimental to a person's health and wellbeing. It is vital that agencies assess and meet these needs to help relieve the impact it is having on their mental and physical health. Working in partnership with other agencies to provide this support is crucial.
Noise as many of you are well aware is the highest reported ASB case type. This is because it's what I would regard as an 'umbrella' term which encompasses so many behaviours from foul and abusive language, to frequent visitors, to loud music. In fact, there aren't many reports of ASB that do not have a noise element! However, not all reported noise IS ASB.
Babies crying, people walking on wooden/laminate flooring, sounds of the toilet flushing, bad plumbing or the washing machine running are things that should not be considered as anti-social behaviour. It is important to triage these reports and ensure that the right response is provided. Just because they are not ASB does not mean that there should be no action taken, just a different approach needs to be applied. Noise complaints are often managed through an organisation's ASB policy and procedure which are not appropriate for 'household noise'.
For example…
You shouldn't be looking to issue an ABC or ASB tenancy warning letter for the use of a washing machine at any hour of the day.
So what can be done?
A washing machine is an essential in the majority of people’s homes. Therefore, alternative approaches need to be looked at to ensure the home where the washing machine is, is not expected to remove an essential item from their property.
Simple approaches can be for the individual/s and/or landlords to use noise reduction pads underneath the washing machine and/or moving it from a space with significantly less insulation compared to other areas of the home can make a huge difference.
Mediation offered at the right time (and not too far down the line) is critical but it should not be offered under the guise of tackling ASB. If such issues are left unchecked, then neighbourly relationships can quick sour and become fraught... ASB or criminal behaviour may then follow. It is therefore vital that these matters are tackled at the first opportunity and 'nipped in the bud'. Further to this, to quote the Spotlight on Noise report, there needs to be "a proactive good neighbourhood management strategy, distinct to the ASB policy, with clear options for maintaining good neighbourhood relationships".
Hints and Tips for Practitioners
- Have a strong Housing Management Policy/Strategy and ASB Policy in place that is clearly defined.
- With two strong policies in place, ensure that every report of noise nuisance is triaged carefully and appropriately.
- Assess the case and if appropriate, issue diary sheets and/or the use of recording devices.
- Manage expectations! Inform the individual/s if the noise they are reporting is general household living noise or ASB and under which policy/procedure it will be managed under and what the process is.
- Working in partnership with other agencies is key.
- Encourage good neighbourly relations.
- Consider the impact the noise is having on the individual/s reporting the noise nuisance. Even if the noise is general household living noise, it can have a detrimental impact on their mental and physical health. Ensure there is support in place!
- Think about noise transference. Changing flooring from hardwood to carpet may be costly, but it can save lives.
If you need any further advice on noise nuisance cases and/or your policies/procedures, please get in touch with us via our Contact Us form.
Who? What? When? How...?
We receive a range of enquiries from victims every day relating to anti-social behaviour. So, we thought we would answer some of our most frequently asked questions to help you on your journey.
‘I am experiencing ASB, can you take action?’
ASB Help are a charity who offer advice to empower victims of ASB and assist practitioners in the field. As per our terms,
‘…although we have constructive and proactive relationships with ASB practitioners across England and Wales, we do not have any jurisdiction over them. Any actions taken by agencies are determined locally and we cannot take any responsibility for the outcomes of any cases we offer guidance on.’
Should you provide us with brief details of your case, including what action has been taken so far and the agencies you have reported to, we will endeavour to respond to you with the most appropriate advice and guidance from our team of specialists.
'So, who do I report ASB to?
There are a number of different agencies who work to tackle anti-social behaviour, with the main three being:
- Police- you can report anti-social behaviour to the Police on 101 (or 999 if you are at immediate risk of harm). They also have an online reporting tool should you not wish to talk on the phone initially.
- Local Authority- each Local Authority may have a different way of dealing with anti-social behaviour. For example, noise nuisance can be dealt with by either Environmental Health or a Community Safety/Anti-Social Behaviour Team (or both!). Whichever way it is managed in your area, there will be someone at your Local Authority to report ASB to and investigate the ASB you are experiencing.
- Housing Associations- some Housing Associations have a dedicated officer/team to deal with ASB. Many Housing Officers are trained to deal with reports of ASB in the same way specialised ASB Practitioners are. Similar to the Local Authority, there will be someone at your Housing Association you can report ASB to!
Take a look at our 'ACT NOW GUIDE' to help you decide who you should report the ASB you are experiencing to.
'Is what I am experiencing anti-social behaviour?'
Ultimately, anti-social behaviour is determined by it's meaning: '...behaviour by a person/s which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person.'
There is a very blurred line in what can be deemed as anti-social behaviour owing to it's meaning. For example, should you be experiencing noise nuisance as a result of the neighbour upstairs having laminate flooring in their property, on it's own this is not ASB, however it is still causing a nuisance and annoyance to you and therefore the harm and impact on you, the victim can be substantial. But this issue should be dealt with under the Housing Policy and Procedure in place by the landlord/letting agent.
The ASB Practitioner/Landlord should manage your expectations from initial conversations about whether or not they are able to take action on the issues you are experiencing and be proportionate in their response.
We recommend reading the 'Spotlight on noise complaints' report by the Housing Ombudsman to help with further clarity on this question and noise related ASB.
‘I am experiencing ASB but have been told that no action can be taken unless I keep a diary and consistently report the issues. I fear reprisals?’
For any agency, whether that be the ASB/Community Safety Team at your Local Authority, Housing Association or the Police, to take action, you will need to ensure that you are reporting all the issues you are experiencing.
- Keeping a log of incidents on paper (you may be given diary sheets to do this) or e-mail, helps you to keep track of your reports and helps the practitioner/s to take action.
- It's sometimes difficult to recollect when incidents have occurred especially over a sustained period of time when it all merges into one, but keeping an accurate up to date record, will help you if you were to attend court later on and provide a statement.
- You can choose to report this anonymously and provide an anonymous statement in court proceedings; this is known as hearsay evidence. However, it does not have as much weight as first-hand evidence.
We would advise you speak with the organisation you have reported matters to, and they will be able to explain the options available. They will also be able to discuss what happens if there are reprisals and swift actions that can be taken where there is a clear threat of harm (physical, psychological, emotional harm).
It is worth noting that in some cases, it would be difficult to discuss the ASB incident(s) with a perpetrator without them knowing who has reported it. For example, if you have had a verbal interaction with your neighbour and you do not wish for the perpetrator to be spoken to because they will know who has reported the incident, the options available to address the issue are limited.
‘I have experienced ongoing ASB for a number of years and I feel that no one is listening to me or taking action. What should I do now?’
If you feel that you have not had a satisfactory response to your reports and feel that more could be/needs to be done, despite reporting at least 3 incidents in the last 6 months, you should then take a look at the ASB Case Review (formerly known as the ASB Case Review). We have a page dedicated to the ASB Case Review on our website as well as a directory to all the Local Authority’s ASB Case Review processes. The threshold for the ASB Case Review can vary between each area, so make sure you read the requirements for your own Local Authority in detail before completing your application.
‘I have exhausted all avenues of reporting ASB, including the ASB Case Review/ASB Case Review. What is my next option?’
If you are not happy with the response you have had from your ASB Case Review application/meeting, you should look to see if you have grounds for appeal and follow their process.
Complaints are different to the ASB Case Review, the latter is about problem solving and developing an action plan in an attempt to resolve the ongoing ASB you are having to endure. If your matter relates to a complaint you have about service provision, then you can submit a complaint to the agency/s you are unhappy with. Complaints generally start with a Stage 1, which you can then progress to a Stage 2 if you are still not pleased with the response. Should you feel the responses from both the ASB Case Review and complaints process have not resolved your complaints or the issues you are experiencing, you could consider contacting the Housing Ombudsman.
'ASB is having a detrimental impact on my health and well-being, who should I turn to?'
We know that for many victims, anti-social behaviour can have a huge impact on their health and well-being, as well as affecting relationships both personal and professional.
Victim Support offers advice and support to victims of both Crime and Anti-Social Behaviour- https://www.victimsupport.org.uk/
If you are struggling with mental health and/or thoughts of suicide, please call and make an urgent appointment with your GP. You can also contact Samaritans for 24 hour support should you be having thoughts of suicide- https://www.samaritans.org/
We also have a Victim Services Directory on our website where you may be able to find some support more local to you.
'Nail That Communication'- Building Work Advice
With an increase of enquiries relating to domestic building work coming through to us recently, we thought it may be worth sharing a blog with some advice and information for both victims and those looking to/ already carrying out building work on their homes and/or other buildings in residential areas.
Please consider that building work is not ASB in it's own right, but is often a contentious issue owing to the problems it can cause for neighbours. The following issues are often raised with us when victims report building work:
- Noise nuisance- Persistent noise, particularly being an issue after a certain time of the day.
- Light being blocked- For example, if scaffolding is erected and is up for a prolonged period of time.
- Time the work is taking- Often neighbours are not made aware of how long neighbour's building work is going to take.
Our advice to those looking to or already carrying out building work:
- Informing your neighbours of what work you are having done and how long it is going to take, is important. It means they are able to prepare for noise and can make alternative arrangements for every day activities. (If you do not already have a great relationship with your neighbour, perhaps put this information in writing to avoid confrontation.) For example, there has been a recent increase of people working from home. If they are made aware of the details of the building work, such as when the most noise will be taking place, then they are able to arrange to work in a different setting.
- Consider the times of day that the building work starts and finishes. Although you can not work around every individual's working day or routines, being reasonable in the time that power tools and hammering are used can allow for your neighbours to have respite from the building work. If you consider that many people move out of their homes to renovate properties due to the mess and noise it can create, appreciate that your neighbours are having to live through it.
- When erecting scaffolding that may encroach on your neighbour's light and/or privacy, discuss this with them beforehand, so they are again able to make alternative arrangements. For example, during the summer months, particularly if your neighbours have children, they may want to use their garden, have BBQs and may even arrange parties. If they are aware of how long the scaffolding is going to be up, they can again make alternative arrangements and understand that it is not going to be there for the foreseeable.
COMMUNICATION IS KEY!
If you are a victim of ongoing nuisance from building work:
- Have you spoken to your neighbour who is carrying out the work? They may not understand the impact it is having on you and/or your family and you may be able to come to an agreement that suits both parties. If the relationship between you and your neighbour is not amicable and you think approaching them may cause further issues, put your concerns to your neighbour in writing, explaining in detail how the work is effecting you and/or your family.
- If you have spoken/written to your neighbour and you feel that they have not listened to your concerns, we would advise for you to contact your Local Authority's or other Housing Provider's ASB/Community Safety team to see if they are able to facilitate some mediation between you and your neighbour. In doing so you will be able to discuss your concerns and understand their point of view in a controlled environment where you can come to a mutual agreement.
- If you feel that after speaking to your neighbours regarding noise nuisance from the building work that the noise is still causing a nuisance or annoyance during hours that you do not feel is acceptable, we would advise for you to contact your Local Authority's Environmental Health team. They will be able to give you information on what hours they deem acceptable for noise of this type to go on for and may be able to speak to your neighbours on your behalf. If after having a discussion with your neighbour the issues are still ongoing, the Local Authority or Housing Provider may then seek to take further action.
- If you have concerns around whether your neighbour has received planning permission for large building projects, we would advise you to contact your local planning department to ensure that planning permission has been granted. If you have concerns around a building being worked on/erected is dangerous, then you can report your concerns on the following link: Report a dangerous building or structure - GOV.UK (www.gov.uk)
If you need any further clarification on the information we have provided, then please feel free to contact us and we will be more than happy to advise.
If you have any other ASB related topics you would like to be featured in our next blog, please let us know!
A Pilkington Malaise? Have We Really Learnt the Lessons for 2020?
We talk a lot about the deaths of Fiona Pilkington and her daughter Francecca Hardwick; how their legacy informed the Anti-Social Behaviour, Crime and Policing Act 2014 and as a cautionary tale to practitioners. But have we really understood the lessons from the Pilkington tragedy and how to apply them in 2020?
‘I am sick of hearing about Fiona Pilkington’. This was a comment I overhead a practitioner mutter during a training session on safeguarding. I was stunned and appalled by the comment. But when I thought about it more, I realised an unintended consequence of the Pilkington case, as a case study for practitioners, is that it represents a big stick: if you fail in your duties you could be the focus of a serious case review. I wonder if a combination of the Pilkington name, the shame it brought on all those involved and the threat of professional disgrace has created a toxic combination of Pilkington malaise; a sense that if we don’t cover our back, we could be compelled to attend the Coroner’s Court and lose our jobs. If that is the case, it signals a culture of working to preserve reputation rather than in the best interests of victims. By virtue, the lessons we should have learnt are being obscured by a fear that is motivating our interactions with victims to mitigate against reputational damage rather than to find resolution for victims of anti-social behaviour.
It is easy to see how the legacy of austerity, an increase in anti-social behaviour and the inter-dependency on other agencies to do their part, often reluctantly, means practitioners are finding it difficult to manage their caseload, let alone really look and understand how anti-social behaviour is affecting victims.
Last week I visited the street where Fiona Pilkington lived with her family. I made this visit with practitioner eyes; expecting to see the tell-tale signs of deprivation, social exclusion and the imprint of anti-social residents; graffiti, neglected gardens, rubbish and abandoned vehicles. What I found took me by surprise, because Bardon Road is a nice street. It looks and feels nice. It appeared to me that the potential of this street has been unlocked; residents are investing in their homes and making improvements to them. It was difficult to reconcile what I saw and what I know about what happened there 13 years ago.
The visit to Bardon Road was a valuable learning opportunity. It reminded me that managing anti-social behaviour is never what you expect it to be. We naturally form judgements and sometimes these are arbitrary. I considered how many practitioners assumed Fiona Pilkington lived in a local authority property when in fact she owned her own home? I could see how that dimension alone could have influenced how her case was approached by practitioners.
After my visit to Bardon Road, I spoke with victims who have contacted ASB Help or the Victim’s Commissioner for advice because they feel agencies are not helping them to bring an end to the anti-social behaviour they are experiencing. When I listened to the victim’s accounts, I heard the echoes of the Fiona Pilkington serious case review. Multiple calls to the Police, different officers attending, the occasional verbal or harassment warning to the perpetrator, letters to MP’s and that all-encompassing despair felt by victims and their family members daily.
In the cases I have heard, just in the last two weeks, I question if any lessons have been learnt from the Pilkington tragedy. In every case I listened to, I could identify multiple interventions that either the Police, Local Authority or Landlord could utilise from the Anti-Social Behaviour, Crime and Policing Act 2014. But none of these interventions have even been discussed and the only consistent theme is the issuing of a verbal or harassment warning, just as in the case of Fiona Pilkington. And is this intervention designed to help the victim or to enable the practitioner to evidence they have made a positive intervention? Are they just covering their backs? Or are these practitioners encountering a professional despair? Working in a system that is broken, resource deprived and set in its ways of viewing anti-social behaviour as a secondary issue to crime? If the Pilkington case should tell us anything, it is that the harm caused by anti-social behaviour is real and it destroys lives, like any crime has the potential to do.
How can we apply the legacy of the Pilkington case in managing anti-social behaviour today?
- The Anti-Social Behaviour, Crime and Policing Act 2014 gave practitioners tools that are not being used to full effect. We must remember these tools came into existence because they were identified as necessary in part because of the Pilkington case. Our work with Police Forces and Local Authorities shows us there is a reluctance to use civil powers to manage anti-social behaviour for multiple reasons; a criminal law mindset, the costs associated with legal action, the potential for reputational damage should a legal intervention be challenged, a reluctance to work collaboratively with other agencies to share the cost and risk of using the tools available. WE MUST EMBRACE THE TOOLKIT WE HAVE.
- Anti-Social Behaviour is about understanding and managing the many dimensions of human behaviour which has been influenced by a multitude of factors including trauma, dependency and mental health concerns. To find a solution to most cases, we must work creatively and collaboratively. This means embarking on a cultural shift that enables practitioners to work holistically and take risks. How many Police Forces have even applied for a Part 1 Civil Anti-Social Behaviour Injunction?
- If you truly want to put victims first, practitioners must be prepared to challenge the consensus. Most practitioners want to do the right thing for the victim, and they come unstuck because partner agencies are unwilling to work collaboratively. In these cases, practitioners can advise victims to invoke the ASB Case Review to request a review of their case or A PRACTITIONER CAN INVOKE THE COMMUNITY TRIGGER ON BEHALF OF THE VICTIM.
- Organisations should embrace the benefits of the ASB Case Review rather than view it as a bad thing. The process is not about apportioning blame. It is about working with every stakeholder to find a resolution for the victim and mitigate against an escalation. IT IS AN OPPORTUNITY TO PERFORM YOUR MORAL AND LEGAL DUTY WITHIN YOUR COMMUNITY.
- A vital lesson from the Pilkington case is that we must make it easy for victims to be heard. We should all bear the responsibility of showing victims that they have the right to be heard and the ASB Case Review is their statutory right to request that. Crucially, we must not treat each incident in isolation and fail to appreciate the cumulative impact on the victim. This was highlighted in the Pilkington serious case review but my interaction with victims recently shows a reluctance to join the dots.
- All agencies should be proactive in establishing a pathway to support victims from the outset of their complaints about anti-social behaviour. The Pilkington case review shows us that determining a victim’s vulnerability cannot be adduced correctly from a five-minute visit to an address and based on the persons appearance and responses during that short interaction. Victims must be afforded the time and opportunity to speak with someone supportively about how the anti-social behaviour is affecting them and their family.
- We must be embedded in our communities and foster a spirit of vigilance so that residents can speak on behalf of victims and be listened to. My recent visit to Bardon Road shows how easy it is to form an incorrect opinion based on what a place looks like. We know from the serious case review that officers deployed resources to a different area because the anti-social behaviour on Bardon Road appeared insignificant compared to other streets where the traditional tell tales signs were unavoidable. Anti-social behaviour is nuanced and arguably more so today with the emergence of sophisticated organised crime groups. We must all be prepared to scratch the surface, ask questions, be present on a street and work with partners to gather and share intelligence. Only that way can an objective assessment of a case be made, and the victims be seen and heard.
There will be new practitioners entering the work-place in 2020 who have never heard the name Fiona Pilkington. There will be experienced practitioners who hear the name Fiona Pilkington and give a sigh because they have caught the Pilkington malaise. WE MUST NOT LET THIS HAPPEN. We all have a responsibility to learn the lessons and consolidate them by applying them to anti-social behaviour trends in 2020.
You can read the serious case review here
You can read about the ASB Case Review and our new ASB Help PLEDGE on our website
Contact us here
Will you take the pledge?
The ASB Pledge
Following a successful pilot, The ASB Help PLEDGE is now available for all organisations.
ASB Help is committed to giving victims of anti-social behaviour a voice. We identified that by working directly with authorities responsible for managing the ASB Case Review, and their partner agencies, we could advise them on best practice and help them to shape their policies and procedures to ensure victims of anti-social behaviour can easily invoke their statutory right to a review of their case. And crucially, that once activated, the ASB Case Review brings about purposeful action to bring an end to the anti-social behaviour.
We know that some organisations don’t embrace the ASB Case Review. This may be because they feel the process will reflect badly on their organisation or they have not been shown the opportunities the process can bring to the victim and agencies in the area to work collaboratively and resolve serious cases of anti-social behaviour once and for all.
ASB Help established the ASB Help PLEDGE to challenge faulty ideas around the ASB Case Review and help organisations to create robust and inclusive policies that will make it easier for victims to invoke the ASB Case Review and enable all stakeholders in the community to play an active role in resolving entrenched anti-social behaviour.
Embracing the ASB Case Review process is everyone’s opportunity to take back control of anti-social behaviour in their community and make it a better place to live.
In the last six months, ASB Help has been working with a Local Authority on a pilot of the ASB Help PLEDGE. Using ASB Help’s self-assessment tool, every component of their existing policy and standard practices were scrutinised and tested for being victim focused and conducive to resolving anti-social behaviour. Having an honest conversation about their current practice led to an appreciation that change was required. In just under 6 months, the Authority has fundamentally reshaped how they manage the ASB Case Review. Changes have included internal staff training, creating a directory of contacts in partner agencies, identifying potential ASB Case Review Chairs for review meetings and raising awareness in the community about the ASB Case Review and how it can be invoked to ensure the most vulnerable victims know they have the right to request it. ASB Help has provided the Authority with template documents which deal with issues such as information sharing, how ASB Case Review meetings should be managed, the suite of interventions available for managing cases of anti-social behaviour and guidance on how to ensure the victim is supported and represented throughout the process.
Following this successful pilot, we invite all Authorities with responsibility for the ASB Case Review, as well as partner agencies managing anti-social behaviour, to sign up to the ASB Help PLEDGE.
Show your commitment to victims today and see more about what you are pledging to do and how it will help your organisation be ahead of the curve in community safety.
You can view the Pledge here, and the Pledge FAQ's here
North-East Threshold Confusion
Earlier this year I visited Middlesbrough and gave a training on the ASB Case Review to a few agencies through a Resolve ASB regional meeting. There I learned something rather interesting ... and also extremely concerning.
One of the delegates told me that in their local area when a ASB Case Review is raised, and it relates to one of their tenants, the police (lead agency) contact them to find out what log of the incidents they have. They send through a record of the reports of ASB and their responses. If the lead agency is satisfied with this log, and can see action was taken (on paper), they tell the victim the threshold has not been met.
No, no, no, no, NO!
Such a log should confirm that if there were 3 or more reports of ASB in the past six months, then yes, indeed the threshold has been met. The case review meeting should then be held to determine whether the right action has been taken and what more can be done.
It is hard enough to activate a ASB Case Review in most parts of the country. Victims of anti-social behaviour in the North-East have an added layer - agency confusion over the threshold.
Now it starts to make sense that in our first report Northumberland reported 39 Triggers but that all 39 Triggers had not reached the threshold. Likewise County Durham had 5 and Darlington 4, South Tyneside 3, and Gatehead 2, all of which didn't meet the threshold. Hmm - suspicion rises. Not met the threshold, or on paper it looks like action was taken, so the lead agency has decided that equates to not meeting the threshold.
It makes me want to tear my hair out in frustration. Re-read the legislation please.
Sunderland Trigger versus the Legislation
The plot thickens when I look at Sunderland Council's website and the way they explain the ASB Case Review:
Criteria for activating the ASB Case Review:
- Three or more complaints from an individual about the same problem, over a six month period, where no action has been taken by relevant agencies
- Five individuals complaining about the same problem where no action has been taken by relevant agencies
Sunderland has defined 'no action' as:
Victim did not receive an initial acknowledgement;
No subsequent contact has been made with victim following initial complaint;
Issues identified were not followed up or no action occurred;
Outcomes and/or case closure not reported to victim.
The dreaded two-tier threshold AND the addition of 'no action taken' - not even 'unsatisfactory action' as was discussed during the pilots, but 'no action' and then a helpful summary of what that means. This does NOT empower victims at all - this basically says if victims receive an acknowledgement and told what is happening (or not going to happen) and perhaps even that the case has been closed, they cannot activate the ASB Case Review. There is no opportunity for victims to question what has been done, nor for agencies to come together to problem solve the situation.
Let's see what the legislation says about the threshold:
(4)In a situation where—
(a)an application for an ASB case review is made, and
(b)at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,
the relevant bodies must decide that the threshold for a review is met.
See our latest report, pages 20-21, for our comments on the confusion surrounding the threshold which we believe should be standardised and certainly legal!
Practitioners: here is our guide to correctly publicising your ASB Case Review: https://asbhelp.co.uk/practitioners-hub/asb-case-review-practitioners/
If you are a victim of anti-social behaviour in the North-East that has been unable to activate the ASB Case Review, do get in touch with us and let us know what happened.
What would the abolition of Section 21 mean for private landlords and victims of ASB?
Often, local communities hold landlords responsible for the anti-social behaviour that takes place in their properties. The National Landlords Association says that in a survey of over 4,000 landlords, 14% reported tenants engaging in anti-social behaviours such as noise, drugs and prostitution over the last 12 months.
Currently, Section 21 can be used by landlords in England and Wales to evict tenants after a fixed term tenancy ends if there is a written contract, or during a tenancy which has no fixed end date if tenants are engaging in these behaviours.
Landlords can use ‘no fault’ Section 21 notices to gain possession of their property, without having to put neighbours, often the victims of the anti-social behaviour, through an ordeal at court giving evidence. The current Government wish to abolish Section 21, leaving landlords feeling “powerless” to deal with anti-social tenants who are affecting their neighbours and community. If it is abolished, a Section 8 notice will have to be used, allowing landlords to repossess a property if they can provide enough evidence to satisfy a court.
This may mean that victims of Anti-Social Behaviour will have no choice but to testify in court if they want the problem resolved. This process is costly, lengthy and puts the already distressed victim through further, unnecessary stress. Furthermore, in cases where the main issue is noise, alcohol or drugs, which are common complaints, it can often end up as your word against theirs. Additionally, neighbours and other tenants may be too scared to testify in court, or even report the issue in the first place.
Campaigners including the National Landlords Association and the Residential Landlords Association believe that Section 8 is not fit for purpose and are forming a coalition to seek retention of Section 21.
Read the full article here: https://propertyindustryeye.com/landlords-worried-about-anti-social-tenants-protest-against-abolition-of-section-21/
Rising Voices in Parliament
What was an occasional question about anti-social behaviour is becoming something of a groundswell of voices as more and more MPs express their concerns. Just in the past week or so debates and questions keep on coming and start to bring into the forefront some of the underlying failings. These are:
- the impact of cuts to agencies affecting their response to anti-social behaviour especially the impact of less visible policing
- the removal of funding for diversionary activities and support services, especially youth services but also mental health
- the fact we do not actually have any way to measure how effective the tools and powers from the 2014 Anti-Social Behaviour, Crime and Policing Act are and how widely they are being used because this information is not measured
- a recognition that the ASB Case Review is a thing, and a thing that should be publicised and utilised
The ASB Case Review in Parliament
On 7th June there was a written question about how victims can have a greater input into policies and approaches to tackling anti-social behaviour. The ASB Case Review and Community Remedy were swiftly cited - but the former is not known about and the latter is rarely mentioned or used by practitioners.
On 10th June there was a specific question about the ASB Case Review, its effectiveness and the requirement to publish data. The stock answers came back: there is an ASB Strategic Board which looks at this; statutory guidance was updated; and they are looking at the Victims' Commissioner's report carefully.
We wrote the ASB Case Review section of that report. We campaigned to use the launch of the new statutory guidance as an opportunity to promote the ASB Case Review (we were ignored and it was quietly published on 24 December 2017). We want to see this made fit for purpose and are delighted to see MPs starting to take note that more needs to be done.
Yet again the ASB Case Review was raised in an oral question to the government by Tom Brake, MP, with a call to publicise it more effectively. Disappointingly the response was that MPs had that opportunity in their constituencies - having an opportunity and encouraging them to do it are two very different things. National promotion would set such local promotion in motion but there seems to be no political will to do so.
No Data
I have lost count of how many questions have been asked of the Home Office about data on the new anti-social behaviour powers. There was another, also on the 10th June, into prosecutions for anti-social behaviour in Leigh. That is a generic request, but drill down, and the reality is that no one is keeping a definitive record of the use of the powers set out in the 2014 Act. We have data on breaches, but without knowing how many injunctions or community protection notices were issued in the first place, it is impossible to know how high the breach rate is and therefore impossible to deduce whether the powers have been effective at stopping the anti-social behaviour. It is infuriating that this is accepted as the norm.
It is our opinion that Community Safety Partnerships do have a good idea of number of powers being used in their area and that with a bit of effort, information could be collated, not just for collection's sake but to actually enable the relevant people to make a fair assessment of usage and effectiveness of the powers. Surely this is common sense.
Debates on Particular Areas
The number of debates being secured in the House of Commons or Westminster Hall on the subject of anti-social behaviour are on the rise. After a number of years where it barely got a mention, there has been a steady run of them recently. After one from Hull MP Diana Johnson on 7th February 2019 following on from one from Hull West MP Emma Hardy specifically about anti-social behaviour in Hull and East Riding, held on 9th October 2018, the pace has quickened:
Crime and Anti-Social Behaviour in Stockton South: 14 May 2019
Crime and Anti-Social Behaviour in Small Towns: 5 June 2019
Crime and Anti-Social Behaviour in Slade Road, Birmingham: 11 June 2019
A good reminder that anti-social behaviour can impact anywhere and everywhere. People are genuinely concerned about anti-social behaviour in their towns, on their roads, in their communities and a current focus by the government on knife crime ignores the crucial link between anti-social behaviour and serious crime. It is frustrating to see so little connection made - if funding were made available once more to provide activities for people to draw them away from anti-social behaviour, and to fund the positive requirements of injunctions then there are huge opportunities to reduce not only the level of anti-social behaviour, but the level of serious crime too.
Of particular note, this comment in the debate on small towns, from MP Siobhain McDonagh:
"Mitcham town centre is unfortunately a hotbed of antisocial behaviour in the heart of the suburbs. Unchecked antisocial behaviour is the first step on a very slippery slope to the level of crime that we have heard described in the debate; the gulf between antisocial behaviour and serious crime is not as large as many of us allow ourselves to believe. There are small steps between noise and nuisance, drinking and drunkenness, and inconvenience and illegality."
This too was spot on from MP Richard Burden in the debate about Slade Road:
"I think all of us will recognise the picture that my hon. Friend is painting. The details may be different from area to area, but the overall picture is very recognisable. I put it to him that the problem with the overstretch is affecting the police and other services. It is not simply a matter of numbers; it is the fact that the overstretch is preventing them from intervening early, when it is most necessary. It is interrupting the neighbourhood policing that, if successful, heads off problems before they arrive. The mental health services can work effectively only if they intervene early, but the numbers are not there for them to do that."
It is encouraging to see MPs voicing their concerns and the concerns of their constituents. It is heartening to know that many others realise the issues and raise them forcefully. We hope real momentum for substantive change follows.